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10 Jan 2015The most important issue facing the new President is to restore confidence in the governmental process.

For this purpose it is necessary to establish systems that work according to the Rule of Law, and with full accountability to the people. In this respect it is vital that Parliamentary control of legislation and finances be restored.

This does not mean strengthening an Executive based in Parliament, but rather strengthening Parliament to be an effective check on the Executive. This means strengthening the power of ordinary members of Parliament, both government and opposition.

Measures to ensure this were the principle component of the Standing Order changes I had proposed last year, changes which the Speaker ignored in contravention of the existing Standing Orders. My main purpose was to strengthen Committees of Parliament by streamlining them and ensuring that they were not chaired by members of the Executive. In the case of the Finance Oversight Committees, the PAC and COPE, the chair was to be a member of the opposition.

But ensuring open discussion in committees is not enough. It is also necessary to give them teeth, and for this purpose we should ensure that the Executive either follows their recommendations, or else gives reasons in writing as to why this is not desirable or possible. The same would apply to the petitions committee, the directions of which are now simply flouted by the Executive.

I would take this principle further, to promote consultation as well as accountability at local levels. The Local Government Act should be amended to ensure involvement of People’s Representatives in Committees of Pradeshiya Sabhas and Local Councils. I have already suggested amendments in this regard to the Secretary of the Local Government Ministry who had consulted me about the Act. It will also be necessary to define clearly the areas of responsibility of local government bodies, and to give them powers to work effectively in these areas.

In addition, given the number of administrative decisions made at Divisional Secretariat level, there should be consultation mechanisms at Grama Niladhari level, with mandatory feedback at the decision making level. This is the Divisional Secretariat, and I am glad that Mr Sirisena’s manifesto declares the centrality of this level, and the need to ensure coordination of services. With regard to this I have been working together with several Ministry Secretaries on a UNDP Project to improve delivery of services, and I hope the next government studies the excellent report produced by Asoka Gunawardena and implements its recommendations. Certainly we must get rid of the ridiculous system introduced by Basil Rajapaksa, of handing over development funds to Members of Parliament to spend virtually at will, with no coordination and little reference to the plans of the Line Ministries.

Line Ministries should be strengthened, and this requires reducing the size of the Cabinet in accordance with clear rationales, as pledged in the opposition manifesto. We cannot have many ministries dealing with similar subjects, and we cannot have ministers doing what they want – and in particular accepting unsolicited bids for projects, which has become a feature of the way the present government runs things – without adherence to well developed plans. It is imperative that a Ministry of Policy and Plan Implementation be set up, and given teeth on the lines of the suggestions the Secretary to that Ministry and I forwarded to Mr Lalith Weeratunge at the end of 2009.

I have stressed governance issues, because these seem to me the most important in terms of safeguarding democracy and promoting equitable development. For this purpose it is also essential to pass the proposed Freedom of Information Act, and to give it teeth through ensuring public accountability at all levels of government. In addition I hope we will also introduce the Bill of Rights which was promised in the 2005 Mahinda Chintanaya, and which the Ministry of Disaster Management and Human Rights had got drafted by the end of 2009, but which has since been ignored. Read the rest of this entry »

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qrcode.26231205Speech of Prof Rajiva Wijesinha

Prepared for the debate on the Votes on the Ministries of Justice and of

Rehabilitation and Prison Reforms

During the Committee Stage of the Budget Debate, November 21st 2014

(Not delivered because of the common candidate press conference)

 

I rise to speak on the votes today of two important Ministries. My main concern will be rehabilitation, where I think the Ministry can be proud of its work in having rehabilitated around 12,000 former combatants after the conclusion of the conflict with the LTTE in 2009.

This is of special concern to me, Mr Speaker, because as Head of the Peace Secretariat I was deeply worried about plans for rehabilitation. Nothing was being done about this, in part because the subject was then the preserve of the Ministry of Justice, which was more concerned then with what might be termed judicial issues. This was understandable, since there was much concern then about child soldiers, given the brutality of the LTTE in its system of forced recruitment.

forced conscriptions

.. the silence of the other internationals working in the area, who were complaisant in the wicked practices of the LTTE.

In this regard, Mr Speaker, I must pay tribute to the Norwegian ambassador in place when I was first asked to work in this field, Mr Hans Brattskar. He was categorical in his response to the LTTE when it tried to remove the subject of child soldiers from the agenda of its discussions with government in June 2006. He made it clear that the Sri Lankan side had every reason to raise the issue, and perhaps it was that which led to the LTTE dodging those talks.

Later it was Mr Brattskar who first formally told the Sri Lankan government that the LTTE was engaging in forced recruitment of two persons in each family, by the time of his last visit to Kilinochchi. This was in marked contrast with the silence of the other internationals working in the area, who were complaisant in the wicked practices of the LTTE. Indeed when I upbraided the then Head of Save the Children, about his only worrying when the families of his staff were affected, he asked whether I objected to his trying to save them. Not at all, I said, what made me furious was his failure to have spoken out when other children were being abused.

joanna-van-gerpen1

Joanna van Gerpen (UNICEF) meeting with S. P. Tamilselvan, the political leader of the LTTE, in Kilinochchi.

All this was of a piece with what seemed unprincipled connivance, though I believe one should not attribute to viciousness what springs often from moral laziness and incompetence. Thus the head of UNICEF did nothing to check on the abuse of the 1 million dollars given to the LTTE for rehabilitation, and even seemed to acquiesce in recruitment of 17 year olds on the grounds that the LTTE had not amended its legislation in that regard – a shocking tolerance of the pretensions of terrorists.

It is incidents such as that, Mr Speaker, that have contributed to the deep distrust displayed by government towards the international community, and this must be understood even as we urge a more positive attitude, which will take advantage of the many with decent and positive values. We must set in place systems that will limit abuses, but there is no justification for blanket prohibitions. And of course we must also do more to make it clear that we can work effectively with aid agencies, guiding them to fulfil our national priorities whilst working in accordance with their fundamental principles and policies. Read the rest of this entry »

Rajiva Wijesinha

August 2019
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