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My comments on the ridiculous expansion of the Cabinet were carried in the Leader today, expressively edited by the sensible Camela Nathaniel. Ironically they were juxtaposed with those of Nirmal Ranjith Dewasiri, who was initially responsible for the unwarranted interference by the Prime Minister in my work which led to my resignation. But I don’t suppose he can understand his role in ensuring that the only voice able to challenge the hardline UNP leadership on its own terms was removed.

Will Jumbo Cabinet Be Another Nail In Government Coffin?

by Camelia Nathaniel
The government’s move to increase the number of cabinet ministers has come under fire from many quarters. On April six, President Maithripala Sirisena appointed a new state minister and two deputy ministers, increasing the total number of ministers and deputy ministers to 92.  Badulla District United People’s Freedom Alliance (UPFA) MP Lakshman Seneviratne was appointed State Minister of Science, Technology and Research while UPFA Galle District MP Manusha Nanayakkara and UNP Kalutara District MP Palitha Thewarapperuma were appointed as deputy ministers.

At a press briefing held in Colombo last week, JVP General Secretary Tilvin Silva said they were totally against the latest appointments. The former regime, Silva said, had maintained a cabinet exceeding 100 members and it was pathetic to see the present government too following the same bad policies. Silva said there was no scientific or logical basis for appointing these ministers. Citing the example of MP Thewarapperuma who represents the Kalutara district in the south, Silva said there was no logical reason for appointing him to develop the Wayamba Province. According to Silva the only reason these appointments were made was to strengthen the President’s power.

President Maithripala Sirisena is facing a split in the Sri Lanka Freedom Party, and according to Silva he is trying to assert his power in the party by doling out ministerial appointments.

Already the coalition national government of Maithripala Sirisena and Prime Minister Ranil Wickremesinghe has faced criticism and there is some suspicion that the coalition may be in trouble. The UNP rode on the back of Maithripala and vice versa and now Maithripala may be worried, it is surmised, that the UNP is trying to take over. The UNP on the other hand is trying to strengthen its position in the coalition by holding onto the key positions in the government. Although the two main parties decided to come together in a bid to save the country from the tyrannical Rajapaksa regime, these same two parties are now engaged in a power struggle to establish supremacy over each other. Generally a single, more powerful party can shape the policies of the coalition disproportionately. Advocates of proportional representation suggest that a coalition government leads to more consensus-based politics, in that a government comprising differing parties (often based on different ideologies) would need to concur in regard to governmental policy. Another stated advantage is that a coalition government better reflects the popular opinion of the electorate within a country.

Prone to disharmony

However those who disapprove of coalition governments believe that such governments have a tendency to be fractious and prone to disharmony. This is because coalitions would necessarily include different parties with differing beliefs and who, therefore, may not always agree on the correct path for governmental policy.

Commenting on the current status of the national government of Sri Lanka and its waning promises, veteran politician and writer Professor Rajiva Wijesinha said it was sad that the number of ministers was increasing apace, because that destroyed the idea of governance, let alone good governance.

Pledges Ignored

“The President’s manifesto pledged that ‘the number, composition and nature of the Cabinet of Ministers would be determined on a scientific basis’ but as I noticed last year, I was about the only person interested in the manifesto,” Wijesinha said.

The short manifesto pledged a Cabinet of 25 which was ignored too, the number increasing dramatically when SLFP members who had not supported the President were brought in – none of the senior leadership, though, which has contributed to the continuing suspicions of and about the President.

Then, when the 19th amendment was brought, though the idea of statutory limits was introduced, there was a proviso that, in the event of a National Government, the number could be increased. That was destructive, because it implied that a National Government was essentially about jobs for the boys, he added.

According to Professor Wijesinha, when the 19th Amendment was put to the house, some of those now in the Joint Opposition objected to the special clause about possible expansion in the case of a National Government after the next election, but their remedy was to make that exception valid in perpetuity. “I proposed dropping the exception, but that amendment was not taken up, and there was no effort to define the term National Government.” Read the rest of this entry »

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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.

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I have looked thus far at the Sri Lankan Parliament, and its failure to fulfil properly the essential duties of a Legislature. These are the making of Laws, and financial oversight, through both the Budget and control of financial expenditure.

Most Members of Parliament do not however understand that these are their main responsibilities. Rather they believe that their principal function is representational, ie that they are in Parliament to represent the interests of those who voted for them.

This is true, but the problem is that they do not understand their collective responsibilities as Parliamentarians, to make sure that laws are made, and public funds are expended, in the interests of the people. Rather, they think only of their individual responsibility, which is connected with the need to continue to be Parliamentarians.

This explains the fact that most interventions in Parliament relate to the individual needs of constituents. There are exceptions in the questions asked by opposition Members, which are intended sometimes to draw attention to general problems, but even they often lapse into personal considerations. The fact that hardly any government Members ask questions is indicative of the general view that policy – and its practice on a wider scale – is not their business.

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When I was asked recently, in fulfillment of my work on the Human Rights Action Plan, to assist the Ministries of Justice and of Child Development and Women’s Affairs to finalize the draft of an act to replace the Children and Young Person’s Ordinance, I was struck by the absurdity of a phrase which did not seem to worry anyone else at the consultation.

It related to proceedings conducted before a Children’s Magistrate’s Court (which the law sought to establish), and laid down that ‘The Chief Justice and any three Judges of the Supreme Court nominated by the Chief Justice may frame rules regulating the procedure to be followed’ in such proceedings. Leaving aside the question of the Chief Justice selecting any three judges, where I believe there should be greater precision to prevent arbitrary choices, the clause seemed to me wholly wrong headed in making such rules optional.

I was given what seemed to me two mutually contradictory answers when I made the objection. One was that the word ‘may’ in such contexts was generally held to create an obligation to act. The other was that, if there were a ‘must’ and action was not taken, then the law could not come into effect.

If the legislature wanted such rules in place – and obviously there must be rules, to prevent inconsistencies and irregularities – then it should not only make that clear, but should ensure that those rules were in place. My suggestion then was that the clause should read ‘…..shall frame rules regulating the procedure…within one month of this act coming into operation’.

It was granted that this might be effective, but then the question was raised as to what would happen if the Chief Justice failed to make such rules. The answer seemed to me simple, namely that a failure to abide by laws passed by Parliament indicated incapacity, and should therefore warrant removal. Alternatively, Parliament could decide that, were rules not formulated as laid down in the Act, Parliament would then formulate such rules itself. Read the rest of this entry »

Join us in calling on His Excellency The President of the Democratic Socialist Republic of Sri Lanka to introduce a Constitutional Amendment to limit the size of the Cabinet to 20, with no more than 20 Cabinet Ministers and no more than 20 other Ministers of Junior Ministerial rank.

You can sign the petition by clicking here.

http://www.change.org/en-GB/petitions/his-excellency-mahinda-rajapaksa-the-president-of-sri-lanka-introduce-constitutional-amendment-limiting-cabinet-to-20-cabinet-ministers

Short link – http://chn.ge/YbSBgY

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Having written a hundred and more articles on Human Rights, I thought it time now to turn to another subject where the Sri Lankan state could do better. As I found with regard to many areas in which Rights could be strengthened and protected more effectively, problems arise more from incompetence and carelessness rather than deliberate wrongdoing.

In order to improve things, it seems to me vital that we ensure greater discipline and efficiency in all organs of government, and in particular the administration. I am not sure that writing about it will improve things, because I am sure that others too are aware of shortcomings and wish to improve things, it is simply that the will and energy are lacking. Sometimes then it seems much easier to just let things be.

But often one does come across situations in which ignorance or a lack of clarity are the reasons for systemic failure, and I hope that at least in these areas some reforms can be swiftly put in place by those in charge. Often the failure to hold officials accountable for their shortcomings contributes to further shortcomings, until in time the officials do not even realize that they have failed to do their duty. Read the rest of this entry »

Text of lecture at a workshop at the Kotelawala Defence University – January 20th 2013

In the first section of this talk I spoke about the confusion in Sri Lanka between the Executive and the Legislature. Flowing from a system in which expansion of the Executive is seen as the easiest way of ensuring a Parliamentary majority, we have overlapping Ministries. We have however failed to institutionalize systems of coordination, both within the executive branch and also within Parliament which is supposed to exercise oversight and contribute to policy formulation.

We have also failed to promote coordination of activities between the different levels of government, or between different branches at the same level. As it is, we have a very confusing Constitution that entrusts several responsibilities to Provincial administrations but then gives authority also to the Central government. This is because we have what is termed a Concurrent List, which is nothing but concurrent because in the event of disagreement the will of the Central government prevails; and dual responsibilities at provincial and local level. It is also because the Centre is given responsibility for National Policy on all subjects, but we have failed to conceptualize this clearly and to spell it out in legislation.

I have become more acutely aware of the problem in my role as Convenor of the Task Force meant to expedite implementation of the National Human Rights Action Plan. It is important to make policy changes in accordance with the plan, but ensuring acceptance of these and relevant action at all levels will not be easy. In particular, while we should not duplicate action, and should leave this to local agencies which are best equipped to cover all geographical areas, we must ensure monitoring, and that is best done through a Central agency to ensure uniformity. However our legal officials have still not entrenched a system of legislation that makes clear the primacy of National Policy and the obligation of the Central government to ensure its implementation, while leaving implementation to other levels of government. I should add that they have also completely failed to ensure conformity with the 13th amendment in much legislation that has entered the statute books in the last two decades, while this has also been ignored in various administrative decisions taken by Central government.

The problem is compounded by the fact that the Province, while it should remain the unit that exercises responsibility for both regulations with regard to devolved subjects and for executive action in those areas, is too large for the consultation and accountability that make devolution meaningful. We should therefore be building up local government institutions, but at present these are not given sufficient authority, while they suffer staff shortages that prevent effective action in many vital areas.

To illustrate the confusion we suffer from, let me consider the care of children, which I have been much concerned with recently. Fortunately we now have a Secretary at the Ministry who can conceptualize coherently, and who understands the problems and is also capable of developing systems of coordination which will enhance the services on offer. But whether he can cut through the accumulation of entities in the field is a question.
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 By D.B.S.JEYARAJ

 An Interview with Prof.Rajiva Wijesinha M.P. – Part  3

Q: Some observers of the Sri Lankan situation opine that a creeping illiberalism is pervading society at large under the Rajapaksa regime. As a liberal and an advocate of liberal democracy, are you not perturbed by the erosion of those very values in Sri Lanka? Are you not concerned over the creeping illiberalism?

A:  I don’t think there has been any particular erosion of values recently, compared to what we went through under Jayewardene. Indeed we have a vibrant media, and relentless criticism of whatever is seen as abuse, which was certainly not the case in those days. Personally I believe that things began to ease under Premadasa, even though the Colombo elite who relished Jayewardene’s authoritarianism complained of Premadasa. But I remember the media freedoms he introduced, the liberalization of communications and the fact that we had free elections.

JUDICIARY

The point was that Premadasa , like President Rajapaksa, thought what he was doing was for the benefit of the people at large, and they were not frightened of the people or of elections. Of course both naturally attract people who are not as interested in the people as in themselves, and abuses occur, but we do have safety valves in the form of an independent judiciary which did not exist in Jayewardene’s time.

Q: But the Judiciary is under attack?

A: Unfortunately you now have a clash with the judiciary, but we must remember that, though impeachment of the Chief Justice seems excessive, we are dealing with a lady who was put on the bench with no previous judicial experience simply because the then Minister of Justice recommended her. Such a person rising through seniority to the position of Chief Justice is an anomaly, whereas President Premadasa was able to appoint a totally respected person, who was the most senior judge on the Bench at the time, as Chief Justice when a vacancy arose – confuting those who said he would make a political appointment.

” I think we should be working towards constitutional reform based on recognizable constitutional principles. One of these should be strengthening the legislative role of the legislature by strengthening the role of committees in legislation”

LIBERALS

Q: As Liberals do you not find cohabitation in this Govt incompatible with your beliefs? Do you not feel uneasy in the midst of fellow travellers of liberalism/ liberal democracy in the conferences and other events you frequently attend, as the government that you are part of has violated with impunity, those very values you and fellow liberals advocate?

A:  There is no reason whatsoever to feel uneasy, because I am proud to be associated with a government that has done more for the people of Sri Lanka than any other in recent times, and set an example to the world of how to deal with terrorism. I think we could do more for the Tamil people, and to make the minorities in general regain confidence in Sri Lanka as a whole, but we have certainly done more than critics of the government declared would be done when we got rid of the Tigers.

Liberals almost all over the world have to work in coalitions, which means being in government with those one does not agree with totally. We all know that compromises are necessary, but one does not compromise with regard to fundamental principles, and I am known well enough by Liberals internationally for them to be confident that I will not compromise on fundamentals. But I will not hesitate to criticize those who attack Sri Lanka unreasonably, with no attention to the singular positive achievements of this government. Read the rest of this entry »

The National Action Plan for the Protection and Promotion of Human Rights 2011 – 2016 as well as the full series of  Sri Lanka Rights Watch are available at the Peace & Reconciliation Website.

Following on the consultation we held with NGOs and government agencies directly concerned with the protection of children, the Task Force appointed by the Inter-Ministerial Committee to expedite implementation of the National Human Rights Action Plan met last week to work out how to take things forward.

I was a bit worried because there was a new Secretary of the Ministry of Child Development and Women’s Rights and, given the excellent input and understanding of his predecessor, I was worried that we might have to start from scratch as it were to work out what was needed. But I need not have worried. He was every bit as sensitive as his predecessor, and his sharp comment when we were discussing Children’s Homes, that what was being done amounted to incarceration, made it clear that he will do his best to promote the necessary reforms.

As I have noted previously, the officials who attend are committed to change, and this time too we had the Ministry of Justice and the Attorney General’s Department, as well as the Human Rights Commission and the Probation Department and the National Child Protection Agency, all anxious to move on the legislative changes necessary to minimize abuse. Drafts are ready for the Child Protection Ordinance as well as for safeguarding those who have to appear in Court, and the Secretary will soon have a consultation to agree on finalizing the Protection draft and expediting its presentation to Parliament.

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Presentation at a meeting of the Pakistan Liberal Forum – Islamabad, 11th September 2012


I am grateful to the
Pakistan Liberal Forum for having invited me to speak today at your seminar on Challenges for Democracy in the upcoming Elections. Though you have suggested I present a regional perspective, it would be more practical I think for me to talk about democracy in Sri Lanka and the challenges we have faced, which may perhaps have lessons for you in Pakistan too.

Sri Lanka has been a functioning democracy for 80 years now, with Universal Adult Franchise bestowed on us by the British in 1931. That they gave us a privilege you in the then united subcontinent did not receive for over a decade longer is not a tribute to us, but rather a function of our small size and the perception that, whatever happened, we would not be a threat to the Empire. We were given not only the opportunity to select a legislature, but also an approximation to Cabinet government with seven Ministers chosen from amongst the members of the Legislature. Needless to say, though, there were three appointed Ministers, for Law and Finance and what was termed Chief Secretary, while Defence and External Affairs were kept in the hands of the Governor.

We followed the classic Westminster model which, as you know, does not separate the Executive from the Legislature. All members of the Cabinet were chosen from the Legislature, but unlike in Britain this soon turned into membership of the Legislature being seen as the main qualification for becoming a Minister.  Ability was not considered important, and seniority seemed a sufficient claim.

There were a few exceptions, and I can also think of one case where a man of recognized ability was brought into a safe seat, a practice that the British had, so as to bring in people of talent. More importantly they also had a House of Lords to which proven talent could be introduced, which India for instance still continues with, in the form of the Rajya Sabha. As you know, several of the most distinguished Ministers in the Indian cabinet have not faced the hustings, but are in effect appointed.

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Though Parliament is meant to approve all legislation, the way legislation is currently formulated presents massive problems to Parliamentarians, and I suspect few understand thoroughly what they are voting for or against. I include myself in this number, even though I have no doubts about my own intellectual capacity. The problem is, most Bills take the form of Amendments to earlier Bills, and all that is placed before Parliamentarians are such Amendments, without the original text. Obviously these cannot be understood easily without the original bill.

Initially, when it seemed that something more than simple changes of figures was involved, I used to seek a copy of the original Bill which was being amended. This however takes time to obtain, so I have requested the Secretary General to make copies of the original bill available in the Chamber.

He readily agreed but, on the first occasion on which I took advantage of this facility, I found another complication. What was being amended was an Act of 2006 as amended in 2007 and 2008 and 2009. It was therefore essential to get copies also of those Amendments, in addition to the original Act.

Then however I found that trying to follow amendments to amendments with three sets of papers in front of one is very difficult. If Parliamentarians find this difficult, it must be impossible for ordinary citizens. This only plays into the hands of lawyers, and I am sure contributes to litigation which would be unnecessary if the law were clear.

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Rajiva Wijesinha

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