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qrcode.30675367The last conference I attended was in the North East of India, where the topics encapsulated in the title of Prof. Hettige’s book loomed large. The same issues that bedevil development questions in this country were apparent there, and could be summed up perhaps in one word, namely consultation.

I was asked, earlier this week, to speak on the ‘Nexus between Development and Governance; a Sri Lankan Perspective’ at the launch of Prof. Siri Hettige’s latest book, ‘Governance, Conflict and Development in South Asia: Perspectives from India, Nepal and Sri Lanka’. This is in fact a collection of essays, co-edited by Prof. Hettige, bringing together the proceedings of a series of discussions on the subject.

I must confess that I went through only the essays on Sri Lanka, which is a shortcoming, but I should add that I thought it best to concentrate on this country, given the crisis we are going through. Prof. Hettige made some admirable points, though he did so with the detached dignity of an academic, whereas in the current context there might have been a case for a more aggressive approach. But since the essays were written some time back, and the book was a record of what had taken place, I must grant that it would have been difficult to be creatively topical.

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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 »

After nearly 100 meetings at Divisional Secretariats, with the participation often of Pradeshiya Sabha representatives, I am more than ever convinced that the future of this country lies in strengthening local government institutions. However, if they are to do more, they also need to consult the local citizenry.

At present there are no formal structures to ensure such consultation. Some local bodies do have provision for Standing Committees, and I have been told that for Pradeshiya Sabhas there is provision for members of the public to participate, but this is not the case with Municipal or Urban Councils. The latter indeed do not seem to have provision for such Committees.

This is quite contrary to the premises on which the Mahinda Chintanaya is based, and I was happy to find that efforts to amend the Acts have progressed considerably in the last couple of years. Unfortunately the same old trend of simply amending earlier Acts has continued, instead of repealing previous legislation and replacing it with a clearly comprehensible new Act. This will mean that those elected to such bodies will find it difficult to understand what their powers are, and lawyers will have a wonderful time interpreting the Acts.

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Rajiva Wijesinha

September 2017
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