You are currently browsing the tag archive for the ‘Code of Conduct’ tag.

qrcode.31217364I have come to the end now of the subjects covered in my book on Political Principles and the Practice in Sri Lanka, which was published in Delhi a decade or so back. I thought it still relevant, since I feel that one reason the Reform Programme with which the current government has been unsuccessful is that it did not pay sufficient attention to basic political principles.

Having gone through some of these, I then looked at how constitutions had developed in Sri Lanka over the last century. The constitutional process began with the Colebrooke Reforms in the 1830s, but then there were very few changes until the McCallum Reforms of 1910. After that changes happened thick and fast, culminating in the current Constitution which was introduced by J R Jayewardene in 1978.

In early days stress was on the Legislative Council, with the Executive Council being a separate entity as it were, controlled by the head of government, the Governor. It was only with the Manning Devonshire Reform of 1924 that two members of the Legislative Council without executive responsibilities were put on the Executive Council. It was also in that Reform that the Legislative Council acquired greater powers of financial oversight, through the establishment of a Public Accounts Committee.

Read the rest of this entry »

Advertisements

qrcode.30978419One of the promises in the President’s manifesto which was broken was that relating to the Right to Information Bill. The manifesto pledged that the Bill would be introduced on the 20th of February and passed within three weeks. Some sort of leeway was also given, because it was actually a month later, on the 20th of March, that it was pledged the Bill would be passed.

There is no excuse whatsoever for having failed to get this done. True, the Right to Information was incorporated in the Constitution in April, but this needed to be fleshed out through a Bill. Such a Bill was indeed drafted, and circulated at the beginning of April, so I assumed all would be well. I found the draft generally satisfactory, though I suggested some changes to extend its scope, including posting electronically for the information of the public ‘the Declarations of Assets of Ministers, Deputy Ministers, Secretaries of Ministries, Chairs of Public Authorities and all officials responsible for contracts or expenditure over the value of Rs 1 million…… Gifts over the value of Rs 500,000 received by such individuals should also be recorded.’

Read the rest of this entry »

qrcode.30693280An ambassador who seems to understand this country well said recently that he thought the greatest mistake this government had made was to let me go. I have to admit though that that was probably more flattering than accurate.  One can see rather that the greatest mistake was to ignore completely the manifesto on which the President had won the election, and instead assume it was about two things and two things alone – the abolition of the Executive Presidency and having an election after 100 days.

Unfortunately now the government will be remembered for just two things, one the laudable reduction in the authoritarian powers of the Presidency, the second the Central Bank Bond Scam. But there was much else in the manifesto that could easily have been implemented in the almost six months which the government had before Parliament was dissolve.

I have already looked at the seven broken promises with regard to reform that were mentioned in the 100 day programme, viz

1)      Electoral Reform

2)      Amendment of Standing Orders

3)      The Right to Information Act

4)      The new Audit Act

5)      A Code of Conduct

6)      A Cabinet of not more than 25 members representing all political parties in Parliament

7)      A National Advisory Council including all political parties in Parliament

The last three of these did not require a Parliamentary majority, and three of the others could have been passed with a simple majority. But the failure to develop consensus on issues of common national interest, and instead concentrate on Ministries for one party, and the perks that went with these, led to disaster.

Those blunders are obvious. For the next couple of weeks I shall look at some of the excellent ideas in the manifesto that were completely ignored. The total failure of this government to entrench better systems of government, based on ideas that had been canvassed for a long time but which had not been taken forward, must be registered, and I hope the government elected in August will move swiftly on such matters.

One of the most innovative ideas in the manifesto occurred in the section entitled ‘An advanced and responsible public sector’.  The second bullet point there read, ‘The Divisional Secretariat will be made the chief unit that performs the priority tasks of the area. It will coordinate all activities such as skills development and supply of resources pertaining to the development of the economic, social, industrial and cultural sectors of the area.’

Though I used the word innovative, in fact this represents a recognition of reality. A hundred years ago, when the British began to think of appointing Sri Lankan Government Agents, the Province was obviously the practical unit of administration. But as populations grew and the business of government expanded, the District became more important and accordingly Government Agents were appointed to Districts too. Now however, with so much more to do and for so many more people, it is the Divisional Secretariat that has to initiate and oversee action in most particulars. Unfortunately we are still stuck in hidebound systems, and Divisional Secretaries do not have the decision making powers they need. In addition, many government departments are not well represented in the Division, which leads to long delays with regard to action, let alone decisions.

After the problems I had noted in the North and East, I discussed the matter with those with experience in the field including the immensely knowledgeable Asoka Gunawardena and the Secretary to the Ministry of Public Administration, Mr Abeykoon, who is now the Secretary to the President. We then approached the UN, which set up a consultancy, and last year we got a comprehensive report from Asoka on ‘Improving Service Delivery in the Divisions’. Unfortunately, when the election season set in, the Secretary put the matter on hold. Though Karu Jayasuriya was initially keen to take things forward, it turned out that he was not the responsible Minister, given the manner in which Public Administration had been carved up. I did mention the matter to the Minister responsible, but such reforms are not really his concern, and in the mad rush for elections the matter had been forgotten.

After the election I hope a concerted effort will be made to move forward in this area. It is important to make sure however that this is done with provision to consult the people, something the last President pledged which was not done. Mr Abeykoon had set the process in motion, through a circular that instructed Grama Niladharis to chair the Civil Defence Committee meetings in their GN Divisions, but this has not really taken off. Clear instructions are needed as to how the ideas brought up at consultative meetings should be taken forward (something that can be improved in Parliament too, where minutes are not promptly circulated and action points rarely recorded). This was planned, but elections intervened.

At the last meeting of the Home Affairs Consultative Committee in Parliament, this being the Ministry entrusted with District and Divisional Administration, I brought the matter up, only to find that the Minister and the new Secretary knew nothing about this. They had not been briefed, but the Minister promised to look into the matter, and I hope that he will find some time during electioneering to at least ensure that a position paper is prepared for him, or for his successor.

Meanwhile, nothing has been done in the last couple of years with regard to the other area of governance that is closest to the people. I refer to the work of elected officials, namely the Chairman of the Pradeshiya Sabha and his team. At present their functions are confused, because there have been significant changes in the manner in which these are organized – utilities for instance are supposed to be their responsibility, but both water and electricity require much central government involvement.

Because of all this a new Local Government Act was being prepared, and with the blessings of the Minister, the Secretary gave me a copy of the draft for comment. I found it a great improvement on what we have now, but thought there should be entrenchment of consultation procedures, with the advisory committees to local bodies being composed of representatives of community organizations, not appointees of those in political authority.

The Secretary, one of the brightest of our Civil Servants, Mr Ranawaka, took the ideas on board, but he was then entrusted with other responsibilities and the Act seemed to have been forgotten. But if good governance is to become a reality, the next government should study the current situation, with the help of Asoka Goonewardene’s comprehensive report, and set in place systems to ensure that people have ready access to the services government should provide at local level.

qrcode.30495452Government needs to be accessible to the people. At present however everything militates against this. Laws are formulated in language people cannot understand. They are amended with no effort to ensure that clean copies of the latest version are available for anyone to consult who needs them. Instead you have to go through the original Act and then all the amendments to the Act, Thus, even though the 19th Amendment to the Constitution was passed three months ago, a consolidated version of the Constitution is still not available.

The President called for one the other day, and could not understand why this had not been prepared already. But our Legal Draughtsman’s Department still works on the old system that developed before computers made production of a consolidated version simple. When I pointed this out five years ago – having asked for the earlier Act that was being amended one day in Parliament, since I thought I should know precisely what I was voting for – I was told that this was the tradition and there was no need to change it.

Fortunately the Secretary General understood the implications of my question and said that a copy of any Act being amended would be available for inspection in the Officials’ Box (he said it would be a waste to give copies to all members, and I fear he was correct). Anyway now that the President has made his view clear, I hope the Department will in future present new Acts as a whole when there are substantive amendments. But I suspect the usual lethargy will take over, and we will go on in the same old way.

Read the rest of this entry »

qrcode.29716942The manner in which the President’s manifesto has been by and large ignored by those entrusted with implementing it is quite shocking. The collegiality pledged with regard to the Cabinet and the National Advisory Council was flouted, and nothing was done about the pledge to strengthen Parliament through amendment of Standing Orders.

These were pledged for January and could have easily been accomplished, given that they were not contentious. But in the rush to interpret the manifesto as being only about abolishing the Presidency and handing power to the Prime Minister – which Jayampathy Wickremaratne had revealed was what he wanted done within a day – the actual spirit of the reforms, which should have been about limiting concentration of power, was treated with contempt.

The other main pledge for January that was ignored was the introduction of a Code of Conduct for politicians. Such a code is indeed necessary for all those in public office, and one of the first things I did when I was a Minister was to ask the UGC for a draft. I got one, but that concentrated on their professional duties, whereas the spirit of our campaign demanded a moral aspect too – for instance precluding those in authority being responsible for the appointments of immediate family, or bestowing benefits upon them. This had been a major problem all round under the last government, not just in the university sector, but also in general. And obviously the present government suffers from what I would term this amoral tendency, if what happened with regard to the Central Bank bonds is anything to go by.

No one else seemed to be concerned about this matter. Wijeyadasa Rajapaksa has completely ignored the excellent draft prepared by Nagananda Kodituwakku about ensuring that the judiciary is made more accountable – through self regulation I should add, since this should not be the business of the executive or the legislature – to those who need its services. And though Karu Jayasuriya has responded to my suggestions, he seems diffident, and claims it is difficult to change the existing political culture. My point was that that was what we were elected for.

  Read the rest of this entry »

good governanceI have sent the letter below to the Minister of Good Governance, along with the schedule beneath it. I realized how appalling the situation was when I was Secretary to a Ministry, and the personal staff ran riot (including ensuring the election of Mr Thevarapperuma).

 

Dear Mr Jayasuriya,

I had written to you before about simple measures that could be taken to promote Good Governance and I hope we might be able to meet soon to take things forward, There seems to be too little interest in this at present, and that might lead to the people losing faith in us.

 I gather the JVP has already drafted a Code of Conduct, and I am sorry this has not been shared with party leaders and with parliamentarians in general. But pending that, I will send you some ideas which I hope will be incorporated. My first suggestions are with regard to Personal Staff and perks given to Ministers, which are often not used for Ministry work. I realized how bad the situation was when the Secretary of the Ministry I held commended my staff. None of them is related to me, and they have all been working full time at the Ministry since I took up responsibilities.

Let me add that, if the changes I suggest below in the Schedule are made, I will not take advantage of the additional support for Parliamentarians. Otherwise it will be claimed that I would like to get back some of the advantages I have given up in resigning from the Ministry – though obviously I do not need them since I do not have a constituency.

The cost to the country will be about the same, and more Parliamentarians will have less incentive to obtain executive office for the sake of the perks and privileges.

Yours sincerely

Prof Rajiva Wijesinha, MP

 

 Schedule

One of the reasons for everyone wanting to be a Minister is the perks Ministers enjoy. These are often used for personal gain, but in addition they are used for political advantage. This also badly affects productive work. The general principle followed it seems, in forming a Cabinet, is not to select those who understand the subjects allocated to them, but rather to give portfolios for the purpose of ensuring electoral success – both to keep people happy so they will not change sides, and to give them resources to fight elections.

The Minister for Good Governance thought we have an unfortunate political culture and that it would be difficult to change, but we must start now. I would suggest therefore that we adopt a principle of distinguishing between the executive and the Parliamentary roles of politicians and limit them using Ministry resources for electoral or personal purposes. I believe there will be less need of excessive resources when we change the electoral system. But even then, what we should do is give ordinary Parliamentarians a bit more, while cutting down on the waste now.

These measures will also reduce the assumption that the main purpose of a Ministry is to be able to give jobs to people, with little regard for qualifications or ability.

I therefore suggest the following – Read the rest of this entry »

Good Governance 1I am worried that the commitment of this government to Good Governance is being forgotten in the midst of the various other concerns we have to deal with. But I believe that addressing this issue promptly and effectively will help us also to approach other problems more sensibly.

Since I began work, I have addressed a number of letters on the matter to Karu Jayasuriya since he has been appointed Minister for Good Governance. He is a politician for whom I have the highest regard, and I think he will do a great job, but I believe he should be made aware that this is an area about which the people are deeply worried.

He replied to one of my letters, registering the need to get rid of politicization of everything, to say that this was part of the culture and it would be difficult to make a change. But I pointed out that we must make a start. I think there needs to be greater discussion though of the manner in which the change should be made, and so I have begun this column in the hope that it will provoke debate and discussion.

I will post these articles on my Facebook but I hope others will do the same on theirs, with amendments and changes to popularize their ideas too. In addition I would encourage everyone to write direct to Mr Jayasuriya, so as to strengthen his hand to effect changes.

In particular he must start immediately to draft a Code of Conduct for those who are supposed to serve the public, and who receive public funds. This was promised in the manifesto, and it is a great pity that the public do not know what is being done about it.

I have told the UGC to draft a Code for academics and administrators in academia, and they gave me a first draft but I found it woefully inadequate. If I am still involved and can get the UGC to function again, I will suggest that the next draft be put on their website for discussion. They have already, as I requested, put on their website the criteria for appointment to Councils.

The Committee on Public Enterprises had instructed some time back that this be done, but there was a delay. On my first day in office I inquired what had happened, and was told there was a draft. That did not seem good enough to me, and I told them that, since they had had sufficient notice, I expected a final draft within a week. That was forthcoming, and the Eastern University Council was appointed accordingly. Those appointments seem to have been welcomed, though I also realized there still needs to be fine tuning. It would be useful if those interested checked on those guidelines and commented, so that we can have an even better set of requirements to put into the act when it is being prepared. Read the rest of this entry »

Rajiva Wijesinha

September 2017
M T W T F S S
« Aug    
 123
45678910
11121314151617
18192021222324
252627282930  
%d bloggers like this: