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qrcode.30693280An ambassador who seems to understand this country well said recently that he thought the greatest mistake this government had made was to let me go. I have to admit though that that was probably more flattering than accurate.  One can see rather that the greatest mistake was to ignore completely the manifesto on which the President had won the election, and instead assume it was about two things and two things alone – the abolition of the Executive Presidency and having an election after 100 days.

Unfortunately now the government will be remembered for just two things, one the laudable reduction in the authoritarian powers of the Presidency, the second the Central Bank Bond Scam. But there was much else in the manifesto that could easily have been implemented in the almost six months which the government had before Parliament was dissolve.

I have already looked at the seven broken promises with regard to reform that were mentioned in the 100 day programme, viz

1)      Electoral Reform

2)      Amendment of Standing Orders

3)      The Right to Information Act

4)      The new Audit Act

5)      A Code of Conduct

6)      A Cabinet of not more than 25 members representing all political parties in Parliament

7)      A National Advisory Council including all political parties in Parliament

The last three of these did not require a Parliamentary majority, and three of the others could have been passed with a simple majority. But the failure to develop consensus on issues of common national interest, and instead concentrate on Ministries for one party, and the perks that went with these, led to disaster.

Those blunders are obvious. For the next couple of weeks I shall look at some of the excellent ideas in the manifesto that were completely ignored. The total failure of this government to entrench better systems of government, based on ideas that had been canvassed for a long time but which had not been taken forward, must be registered, and I hope the government elected in August will move swiftly on such matters.

One of the most innovative ideas in the manifesto occurred in the section entitled ‘An advanced and responsible public sector’.  The second bullet point there read, ‘The Divisional Secretariat will be made the chief unit that performs the priority tasks of the area. It will coordinate all activities such as skills development and supply of resources pertaining to the development of the economic, social, industrial and cultural sectors of the area.’

Though I used the word innovative, in fact this represents a recognition of reality. A hundred years ago, when the British began to think of appointing Sri Lankan Government Agents, the Province was obviously the practical unit of administration. But as populations grew and the business of government expanded, the District became more important and accordingly Government Agents were appointed to Districts too. Now however, with so much more to do and for so many more people, it is the Divisional Secretariat that has to initiate and oversee action in most particulars. Unfortunately we are still stuck in hidebound systems, and Divisional Secretaries do not have the decision making powers they need. In addition, many government departments are not well represented in the Division, which leads to long delays with regard to action, let alone decisions.

After the problems I had noted in the North and East, I discussed the matter with those with experience in the field including the immensely knowledgeable Asoka Gunawardena and the Secretary to the Ministry of Public Administration, Mr Abeykoon, who is now the Secretary to the President. We then approached the UN, which set up a consultancy, and last year we got a comprehensive report from Asoka on ‘Improving Service Delivery in the Divisions’. Unfortunately, when the election season set in, the Secretary put the matter on hold. Though Karu Jayasuriya was initially keen to take things forward, it turned out that he was not the responsible Minister, given the manner in which Public Administration had been carved up. I did mention the matter to the Minister responsible, but such reforms are not really his concern, and in the mad rush for elections the matter had been forgotten.

After the election I hope a concerted effort will be made to move forward in this area. It is important to make sure however that this is done with provision to consult the people, something the last President pledged which was not done. Mr Abeykoon had set the process in motion, through a circular that instructed Grama Niladharis to chair the Civil Defence Committee meetings in their GN Divisions, but this has not really taken off. Clear instructions are needed as to how the ideas brought up at consultative meetings should be taken forward (something that can be improved in Parliament too, where minutes are not promptly circulated and action points rarely recorded). This was planned, but elections intervened.

At the last meeting of the Home Affairs Consultative Committee in Parliament, this being the Ministry entrusted with District and Divisional Administration, I brought the matter up, only to find that the Minister and the new Secretary knew nothing about this. They had not been briefed, but the Minister promised to look into the matter, and I hope that he will find some time during electioneering to at least ensure that a position paper is prepared for him, or for his successor.

Meanwhile, nothing has been done in the last couple of years with regard to the other area of governance that is closest to the people. I refer to the work of elected officials, namely the Chairman of the Pradeshiya Sabha and his team. At present their functions are confused, because there have been significant changes in the manner in which these are organized – utilities for instance are supposed to be their responsibility, but both water and electricity require much central government involvement.

Because of all this a new Local Government Act was being prepared, and with the blessings of the Minister, the Secretary gave me a copy of the draft for comment. I found it a great improvement on what we have now, but thought there should be entrenchment of consultation procedures, with the advisory committees to local bodies being composed of representatives of community organizations, not appointees of those in political authority.

The Secretary, one of the brightest of our Civil Servants, Mr Ranawaka, took the ideas on board, but he was then entrusted with other responsibilities and the Act seemed to have been forgotten. But if good governance is to become a reality, the next government should study the current situation, with the help of Asoka Goonewardene’s comprehensive report, and set in place systems to ensure that people have ready access to the services government should provide at local level.

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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CA

Chanaka Amaratunga died 19 years ago, on the 1st of August 1996. He died a disappointed man, for he had not entered Parliament, which had been his dream. Only Chanaka, imbued in the Westminster style of Liberal Democratic politics, could have written an article entitled ‘In Praise of Parliament’ at a time when the Executive Presidency was well entrenched in Sri Lanka, and the tradition of the independent Parliamentarian long lost.

qrcode.30571558He had hoped to enter Parliament in 1988, when he was on the SLFP National List, but the defeat of the SLFP then had led to the sidelining of Anura Bandaranaike, who had been his great friend. He told me that, when he went to Rosmead Place on the day after the election, Sunethra had met him with the claim that the only hope for the party now was to bring Chandrika back. He had said this was nonsense, and that perhaps put paid to his chances. After her defeat, Mrs Bandaranaike too felt that the policies Anura had promoted had been a mistake, and moved back to the left.

Anura still had residual support, but he was soft-hearted to a fault, and gave up the Secretaryship of the party when he was appointed to the post on a split decision. The newspapers at the time reported that his mother had stormed out of the room, and he had followed her, and agreed to a compromise whereby Dharmasiri Senanayake became Secretary. The latter worked for Chandrika, and as we know she came back and took over. By then, though, it should be noted that Sunethra was supportive of her brother and when, forgetting the change that had taken place, I asked her what her sister was up to, she told me that she was trying to throw ‘my darling brother’ out of the party.

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qrcode.30495452Government needs to be accessible to the people. At present however everything militates against this. Laws are formulated in language people cannot understand. They are amended with no effort to ensure that clean copies of the latest version are available for anyone to consult who needs them. Instead you have to go through the original Act and then all the amendments to the Act, Thus, even though the 19th Amendment to the Constitution was passed three months ago, a consolidated version of the Constitution is still not available.

The President called for one the other day, and could not understand why this had not been prepared already. But our Legal Draughtsman’s Department still works on the old system that developed before computers made production of a consolidated version simple. When I pointed this out five years ago – having asked for the earlier Act that was being amended one day in Parliament, since I thought I should know precisely what I was voting for – I was told that this was the tradition and there was no need to change it.

Fortunately the Secretary General understood the implications of my question and said that a copy of any Act being amended would be available for inspection in the Officials’ Box (he said it would be a waste to give copies to all members, and I fear he was correct). Anyway now that the President has made his view clear, I hope the Department will in future present new Acts as a whole when there are substantive amendments. But I suspect the usual lethargy will take over, and we will go on in the same old way.

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qrcode.30420388One of the biggest stumbling blocks with regard to Good Governance is the confusion in Sri Lanka between the Executive and the Legislature. Such confusion is to some extent unavoidable in countries which have a Westminster system of government, where the heads of the Executive are drawn from Parliament. But in those countries which should be our models if we are to continue with this requirement, there are rules and regulations and customs that prevent the abuse we suffer from in Sri Lanka.

I realized how stringent these rules are when communicating with an old friend who is now a senior member of the British Cabinet. He has been kind enough to respond to emails, but initially one gets an automatic response which makes clear the difference between constituency matters and those pertaining to his portfolio. The former is handled from within the constituency, and there is obviously no question of support for his electoral prospects from within his Ministry.

Personal staff pertaining to Ministry matters are drawn from within the Ministry, as I found out long ago, soon after my university days, when high fliers who had joined the Civil Service (all retired now I fear) were appointed to work with the Minister. But even so, when meetings are held with regard to official matters, it is those within the relevant departments who work with the Minister.

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qrcode.30377434Last week Parliament debated an Adjournment Motion introduced by Mr Yogarajan, one of the more thoughtful members on the government side of the house. He wanted more consultation of political parties and interested groups with regard to electoral reform.

This is an admirable idea, but it is significant, sadly so, that he should have proposed this only in June. As I have pointed out previously, the President’s manifesto said very clearly that on Wednesday January 28th ‘An all party committee will be set up to put forward proposals to replace the current Preference Vote system and replace it with a Mixed Electoral System that ensures representation of individual Members for Parliamentary Constituencies, with mechanisms for proportionality.’

Nothing of the sort was done, so it was surprising to hear the gentleman who seconded the motion claiming that the government had fulfilled almost all its promises. In essence, the process of consultation that the minor parties are pushing for now is something they should have urged as soon as the government was elected.

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qrcode.30357119Many allegations are now being traded with regard to corruption, but sadly there is no discussion about measures to get over the problem. We seem more inclined to concentrate on allegations for political purposes rather than institutionalizing preventive measures, remedial measures and also measures that will give early warning.

I am very sorry about this since one of the reasons for my leaving the last government was perceptions of increasing corruption. Though now I realize that this government too is engaged in corrupt deals, this was not a reason for my resignation from the Ministry, nor yet for my crossing over. But what seemed the institutionalization of nepotism was a reason, the requirement that jobs and perks be provided for one’s supporters, as exemplified by the takeover of Ministry vehicles by Kabir Hashim’s henchmen after I had left.

Measures to prevent all this could easily have been taken as soon as the new government was set up. I had high hopes because the responsibility for reform to promote Democratic Governance, by which I thought Good Governance was also meant, had been entrusted to Karu Jayasuriya. I thought he was sincere, and he certainly seemed so at the start, but it was soon clear that his heart was not in it.

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qrcode.30294975By Shamindra Ferdinando

Former UPFA MP Rajiva Wijesinha says the next parliament should take up a special parliamentary report that dealt with alleged Central Bank bond scam.

The report shouldn’t be allowed to be suppressed; the outspoken former MP said, adding that the new parliament should take a fresh look at the alleged scam.

Parliament will meet again on September 1.

The Liberal Party leader represented the 13-member committee chaired by the then MP and General Secretary of the Communist Party D.E.W. Gunasekera, Chairman of the Committee on Public Enterprises (COPE).

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qrcode.30233817In this last lap as it were of my discussion of what should have been  comprehensive Reform Agenda, I thought it would be instructive to lay down the Reforms that were pledged in the manifesto on which the President won the election, and to explain how they have been ignored. Amongst these perhaps the most significant was the pledge about Electoral Reform, which read as follows –

Wednesday January 28

An all party committee will be set up to put forward proposals to replace the current Preference Vote system and replace it with a Mixed Electoral System that ensures representation of individual Members for Parliamentary Constituencies, with mechanisms for proportionality

This pledge was totally ignored. No all party committee was set up, and no one seemed to have been entrusted with the task. The issue only came to the fore when the Opposition made it clear that that had to go through as well, if support for the 19th amendment was expected. Discussions then started, but many of those involved, politicians as well as officials, noted that the Prime Minister kept stalling. He ignored the clear information the Elections Commissioner gave about how a compromise formula could be implemented swiftly, and kept insisting that the change could not be made in time for his main ambition to be fulfilled, namely having Parliament dissolved on April 23rd. The constant reiteration of that theme and date by his sycophants in his party made clear that that was what they thought the President’s manifesto was about, not the range of reforms that had been put forward.

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Rajiva Wijesinha

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