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Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 1)

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 2)

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 3)

Underlying Basil’s solipsism was his political ambition. He made no bones about the fact that he saw himself as his brother’s successor. Indeed, he had been put into Parliament before the 2010 election, though a resignation of a National List member that was engineered, on the grounds that there had to be a Rajapaksa available for appointment as President if anything untoward happened to the incumbent. And though soon after the election of 2010 Mahinda Rajapaksa introduced a constitutional amendment to remove term limits, so that Basil’s hope of being seen as necessarily the government candidate in the next election was dashed, the President placed no restrictions on him presenting himself as effectively the main decision maker in government.

So, in addition to his work in the North, he set about taking control of developmental projects all over the country. Tourism was brought under the Ministry of Economic Development, which allowed him soon after the government was formed to sell a prime block of land in Colombo to Shangri-La hotels, a crass measure since it made it difficult afterwards to refuse outright ownership to such investors. Fortunately, after a great outcry, the principle that only long leases should be permitted was accepted, but again the move was typical of Basil’s propensity to push through deals quickly, regardless of wider consequences.

While he used to the full his position as patron of international ventures, he also tried to take control of the administration of the country at large. He did this through the Samurdhi programme, the welfare programme that was in place all over the country. Initially started to promote entrepreneurship, it had soon become the main vehicle of government handouts to chosen sections of the population.

Basil decided to use it to expand his empire, with graduates employed in every Division in the country to affirm the primacy of his Ministry. Indeed I was told that there had even been an attempt to appoint Samurdhi officials as Grama Niladharis, the office that was the first point of interaction between people and government. The Ministry of Public Administration staved off this effort, but it meant that for several years Grama Niladhari positions that were vacant were not filled, until finally that Ministry reasserted its control of the position. Indeed a measure of Basil’s unpopularity with his colleagues was the categorical statement, when I told the Minister that he should guard against his responsibilities being encroached upon, that the Ministry of Economic Development was encroaching on everything. Read the rest of this entry »

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The more one studies the 13th amendment to the Constitution, the more one realizes how completely potty it is. I am not sure though whether this lunacy is entirely the fault of J R Jayewardene, even though I have little doubt that his is the primary responsibility for the failure to consider principles at all in formulating legislation, and indeed policies in general. Highlighting process rather than principle however has been a feature of most constitutions based on the British model, perhaps because the British never had a Constitution, and have muddled along on the basis of practicality.

The particular genius of the British is that they did very well on that basis. Others came a cropper however when they tried to emulate them, which is why countries like ours should have rather studied the American Constitution. That was based on the most enlightened political principles, albeit at a time when social equity was not as well developed a concept as it became after industrialization.

The guiding principle of the American Constitution was that power should be limited to the purposes for which power is legitimately exercised. By legitimately is meant the promotion of the interests of the people, since it was at that period that the idea first developed, after Greek and Roman Republic times, that the state belonged to the people, rather than to a monarch. Thus the American Constitution sits well with the principle of subsidiarity, which is that power should be exercised in any particular respect by the smallest group affected by that power, to the extent that its exercising such power should not adversely affect others.

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Last week saw an extremely productive consultation on promoting the Rights of Children. Organized by the Consortium of Humanitarian Agencies, as decided at the meetings we have been holding over the last several months to better understand the problems and possible interventions, it was presided over by the Secretary to the Ministry of Child Development and Women’s Affairs.

In addition to officials from different branches of his Ministry, we also had excellent input from the Ministry of Health, which is especially important given the gaps in the provision of psycho-social support nationwide that we need to fill. While delivery will have to be through various agencies – school counselors that the Ministry of Education appoints, Probation Officers appointed by the Provinces, Social Service Officers appointed by that Ministry – we obviously need better coordination as well as training, and this can best be provided by the Ministry of Health.

We also had representation from the Ministry of Social Services. The Secretary had not been able to attend, which was in part our fault because it was only after the meeting had been arranged that we realized the importance of her presence too. But she was enormously cooperative when we met her and, though committed to a visit to Japan – which is a model that we should aim at in the care it provides for the vulnerable – she has agreed to pursue cooperation in this field on her return.

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On August 24th the Secretary to the Ministry of Child Development and Women’s Affairs held a consultation on children’s issues which brought together the various agencies working on the subject in his Ministry, together with representatives of the Ministry of Justice and the Attorney General’s Department and the police, as well as some Non-Governmental Organizations that have contributed significantly to the promotion of the Rights and the Welfare of Children.

The purpose was better coordination, and the meeting followed on a request the Secretary had sent to his counterpart in Public Administration, requesting that he ask Divisional Secretaries to set up a Unit in each Division for Women’s and Children’s Affairs to ensure more coherent action. He noted there the various officials dedicated to this purpose, which include Women Development Officers, Child Rights Protection Officers, and Early Childhood Development Officers responsible to his Ministry. Others concerned with the issue include officials of the National Child Protection Authority, also under his Ministry, and Probation Officers who function under Provincial Ministries. The Unit would also need the close cooperation of officers from the Women and Children’s Desks that the Police have now established nationwide, effectively as far as the North is concerned, though I cannot speak for other areas.

One of the decisions made at the Consultation was that clear job descriptions should be drawn up for all these officials, to ensure comprehensive coverage of all areas whilst avoiding overlaps. At the same time it was noted that ensuring comprehensive coverage at all levels would require a division of responsibilities on a geographical basis, with one officer monitoring activities in a particular area and reporting on these to colleagues.

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Parliament excelled itself last week when it cancelled three Consultative Committees (of those I had planned to attend – there were others too that were cancelled). The third of these, which I think a vital Ministry though not many others share my views, that of National Languages and Social Integration, was cancelled on the morning of the scheduled day, apparently because the Minister had to go to a funeral outside Colombo.

This did not seem to me proper because, much as Ministers feel obliged to attend funerals, they really should not subject other Members of Parliament to their own convenience. Either they should attend the event at another time, or else they should instruct their Deputies or their Secretaries to go ahead with the meeting. This seems the more urgent, because in any case Committees meet rarely, the plethora of Ministers we have (raised to 69 last week when the Police were entrusted to a newly created Ministry of Law and Order) making it impossible to respect the Standing Order enjoining meetings once a month.

If my proposed Amendments to Standing Orders are accepted and implemented, this problem will be solved, but I gather that, the Speaker being away, the motion was not taken up at the Parliamentary Business Committee. Since Parliament is going to meet on only two days in September, it looks like I will now have to wait a month and more, though I have pleaded with both the Speaker and the Leader of the House to take the matter up in early September. Since statutorily the matter is not debated but simply referred to the Committee on Standing Orders, this will take up hardly any time, so I hope Party Leaders will agree to this.

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The recent incidents at Weliveriya raise a number of questions which should not be confused. Most important is the fact that three civilians died at the hands of the army. As the new Army Commander has indicated, this is not acceptable. Measures must be taken for a full and credible inquiry, with appropriate penalties as well as the institutionalization of safeguards to prevent repetition.

But it is also important to look at the way in which a simple problem escalated out of control. The preliminary inquiry of the Human Rights Commission has indicated that there was no coordination amongst the various agencies responsible, both for the technical questions as well as the representational ones.

Several weeks ago I wrote to the President about this situation, and suggested some remedial measures. What I said then is worth quoting – ‘At present there is little possibility of particular shortcomings with regard to basic services receiving the full attention of authorities at a higher level, whether the Province or the Centre. This amendment will focus the attention of local bodies on important services, and allow them leeway to take corrective action if none is forthcoming from other authorities. As Your Excellency has noted, this is vital with regard to transport, but it should also extend to educational and vocational training services, and to basic health facilities.’

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After some depression about not achieving very much with regard to either Reconciliation, or the Human Rights Action Plan, I was heartened by several factors last week. In the four Divisional Secretariat meetings I attended in the Wanni, it was clear that things were improving all the time. Several problems were brought to my attention, but these were largely practical problems, similar to those prevalent in other parts of the country. The impact of inclement weather on agriculture, the need for better roads for rural connectivity, and for better electricity connections, shortages of teachers for essential subjects, are national problems, not consequences of the conflict.

Of course much more needs to be done for the people of the Wanni, given what they suffered, and for the first time I felt sad that I cannot contribute more to education, since the Ministry as it now stands is incapable of increasing teacher supply or ensuring better distribution. But, with regard to the other matters, there is much appreciation of progress with regard to roads and electricity, and also understanding that government paved the way through its support for agriculture for abundant harvests in the last few years, even though this year floods have caused problems.

I should note here the appreciation amongst officials and community organizations of the Japanese Peace Project, which has done much for small scale irrigation works in the last few years. A meeting at the Japanese Embassy later in the week confirmed my view of the intelligence and sympathy of their approach. Equally the Indian Housing Project has generated much confidence that things are getting better, though government must do more to publicize both that and the other large scale housing support provided by the military and other agencies, in particular the Swiss, who also work relatively quietly.

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The last series of Divisional Secretariat Reconciliation meetings in the North brought out even more clearly than before the failure of the various institutions of government to work with each other. At a previous consultation, which the UNDP had funded as part of an ongoing initiative to improve coordination, I had realized what might be termed the political problem in the areas in which development is most essential, namely the Divisions in which local government bodies are controlled by the Tamil National Alliance.

Some of their members, and in particular the community leaders they had appointed to lead their lists in many places, thus avoiding the general unpopularity of those who had been engaged on either side in the confrontational politics of the previous decades, were willing to engage. But they were not sure if this would be acceptable to their more political leaders, given that it is much easier to complain that to try to work. Conversely, government representatives were not sure whether active cooperation with elected leaders from an opposition party would lead to criticism from those who thought government should belong only to them.

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Rajiva Wijesinha

October 2019
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