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There are two reasons why I find ridiculous the constant assertion that the Executive Presidency must be abolished. This was made most recently by the most prominent member of the Human Rights Commission, who claimed that it was the root cause of all our problems. But I do not think that he, or all the others who parrot panaceas, have thought about what will replace it.

And the problem with such panaceas is that no effort is made to actually make the current situation better, as for instance the Human Rights Commission could do in its own area of responsibility, by taking forward the Bill of Rights. There is an excellent draft, which we managed to get done before the Ministry of Human Rights was abolished. But the Minister did not agree that it should be put forward, given the then concentration on elections, and since then it has languished. I suspect I am the only who who has even reminded the President of its existence, and the fact that it was prepared in fulfilment of a pledge in the 2005 Mahinda Chintanaya. His answer was that he did not agree with everything there, but the simple solution, to admit those elements, was obviously not thought satisfactory.

With regard to the Presidency, it is assumed that we can go back straight away to the Westminster system. But the Westminster system demands a functioning Parliament, and with the complete dysfunctionality of the current Parliament, we will have even greater chaos if it had supreme power. Even now, Parliament does not fulfil the role laid down for it in our Presidential constitution, which is one reason why the Executive has nothing to check it.

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The last couple of weeks have seen very positive measures by government with regard to accountability. While the decision to go ahead with Provincial Councils in the North was a clear mark of government’s adherents to commitments it had made, even more significant was the indictment of those who are suspected of responsibility for the killing of students in Trincomalee way back in 2006.

This was followed last week by indictments in connection with the killing of a British national in Tangalle in 2011. And soon afterwards the President ordered the establishment of a Commission to look into disappearances that had taken place during the conflict.

Unfortunately the general perception about these is that government had given in to pressures, and in particular that it feels obliged to cater to international sensibilities in the context of our hosting of the Commonwealth Heads of Government Meeting. Even more unfortunately, many actions taken by government give the impression that it does not really want to do what is right, but has to be forced into action.

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As I have noted before, the thoughtful new Secretary to the Ministry of Resettlement remarked, at a seminar at the Officer Career Development Centre in Buttala, that Nation Building needed much more attention, to complement the State Building that is proceeding relatively well. His Ministry, along with the Bureau of the Commissioner General for Rehabilitation and the Presidential Task Force for the North and the Ministry of Economic Development, have amply allayed the fears expressed in 2009, that were claimed to be the reason for the Resolution brought against us in Geneva.

The displaced who were at Manik Farm have been resettled, and the former combatants have been released after rehabilitation. This has been done under much better conditions and more swiftly than elsewhere in the world. Economic activity is at a higher level in the Wanni than ever before, helped along by remarkable infrastructural development. That extends to schools and hospitals and other basic requirements, which are available now at a higher standard than ever before in the area.

But there are still problems, and the mutual satisfaction and trust that Reconciliation requires are still inadequate. To remedy this there is need of concerted action, and the Secretary, who has obviously studied and understood the problem, noted that fulfilment of both the LLRC and the Human Rights Action Plans would go a long way towards Building a Nation.

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The last couple of weeks have seen very positive measures by government with regard to accountability. While the decision to go ahead with Provincial Councils in the North was a clear mark of government’s adherents to commitments it had made, even more significant was the indictment of those who are suspected of responsibility for the killing of students in Trincomalee way back in 2006.

This was followed last week by indictments in connection with the killing of a British national in Tangalle in 2011. And soon afterwards the President ordered the establishment of a Commission to look into disappearances that had taken place during the conflict.

Unfortunately the general perception about these is that government had given in to pressures, and in particular that it feels obliged to cater to international sensibilities in the context of our hosting of the Commonwealth Heads of Government Meeting. Even more unfortunately, many actions taken by government give the impression that it does not really want to do what is right, but has to be forced into action.

Read the rest of this entry »

Rajiva Wijesinha

April 2019
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