You are currently browsing the tag archive for the ‘provincial council’ tag.

Paper presented by Prof Rajiva Wijesinha
Adviser on Reconciliation to HE the President of Sri Lanka
At an international conference on
India’s North-east and Asiatic South-east: Beyond Borders
Organized by the Centre for Research in Rural and Industrial Development
At the North East University, Shillong, on June 6th and 7th 2014

A major problem former colonies faced when gaining independence was that of identity. When composed of populations that differed from each other in various particulars, the question arose as to whether constituting a single country was justified. The problem was exacerbated by the two Western impositions after the Second World War that had done much to shape attitudes subsequently in an immensely destructive fashion. The first was the creation of a Jewish state in Palestine which institutionalized nationalisms based on identity rather than geography. Even more destructive as far as South Asia was concerned was the partition of British India, which popularized the idea that a country had to be based on homogeneity. This contributed to the othering of what was not homogeneous.

Obviously I do not mean to say that all was sweetness and light before that, for we are only too aware of conflicts based on identity through the centuries. But the idea that a country belonged to those of a particular identity, ethnic or religious or linguistic, was I believe damagingly entrenched by the Western redrawing of boundaries in areas that had not gone through the contortions that Europe had in developing the concept of the nation state. And, even more worryingly, the dominant force in the world at the time these divisive concepts became entrenched was the United States, which prided itself on being a melting pot, where different identities were subsumed in the great American dream.

This, combined with British notions of democracy, which gave supremacy to an elected Parliament, contributed I believe to the majoritarianism that has bedeviled South Asia since independence. So in both India and Sri Lanka we had efforts to impose the language of the majority on everyone else, though fortunately for you in India, this was resisted and, as far as the major languages of the country were concerned, you developed a more sensible policy.

Read the rest of this entry »

Advertisements

Prof Laksiri Fernando, in responding to my account of discussions about a Senate, has reminded me about publishing the proposals, as I had mentioned, and I will send them in as soon as I am back in Colombo. However, while I do not recall promising to publish my correspondence with Mr Sumanthiran – which is not in fact of any great significance – perhaps it would be useful, given current controversies, to publish the draft he and I prepared about land matters.

What we realized, which is why I proposed that we look at the matter quietly, was that the issue was causing much controversy based on dogma. The TNA insisted that the 13th Amendment conferred land powers on the Provincial Councils, the government relied on the Constitutional provision that land grants were in the power of the President. Mr Sambandan, while insisting that he had no objection to any citizen acquiring land anywhere on his own, went into a lengthy account of government colonization schemes which he said had changed the demography of the East.

I did point out that something similar had happened in the Wanni, where after the conflict we had come across large numbers of Tamils of Indian origin who had been settled there because of various colonization schemes funded by international agencies – including for instance the schemes run by Jon Westborg when he headed Redd Barna, if memory serves me correct. But at the same time I could understand Westborg’s motivation, given the appalling attacks on Tamils in the hills orchestrated by members of the Jayewardene government, in both 1977 and 1981 – just as I could understand the need to settle landless peasants in empty areas that had never been occupied by anyone previously.

Read the rest of this entry »

This false optimism, which is based on the assumption, which is quite contrary to the indications he has given, that the President wants to do none of the things he promised, has extended now to assuring him that all will be well after the Indian election, and we ourselves do not have to do anything to improve our situation. I am reminded then of J R Jayewardene twisting and turning in the years between 1983 and 1987 as he avoided action, and was forced gradually to concede, but always doing too little too late. So I wrote once that he assured us that there was a pot of gold at the end of the rainbow, during his discussions with India in 1986, but in the end the rabbit he pulled out of his hat was General Zia ul Haq. The idea that the Ministry of External Affairs has tried to convince the President that Mr Modi will play Santa Claus is preposterous, but I fear that that is the type of advice and advisors the President has to put up with.

All this is based on the assumption that somehow we can avoid implementation of the 13th Amendment. Because the advisors believe that subterfuge will win the day, no attempt has been made to analyse the 13th Amendment, see if anything in it is potentially dangerous, and then develop mechanisms to avoid those dangers. Instead we are doing nothing about the vast areas in which the strengthening of local administration – and concomitant local accountability – would immeasurably benefit the people.

The President I think understands this, for he was very positive about the ideas I suggested be discussed at the negotiations government had with the TNA. But the history of those negotiations makes it clear why we are in such a mess. The President put me promptly on the delegation when I pointed out there had been no progress over the preceding three months, and in the next three months we saw much progress, in part because I insisted on meetings being fixed on a regular basis. The government also put forward suggestions of its own, that I had proposed, whereas previously it had simply listened to what the TNA put forward, and then failed to respond despite promises.

Read the rest of this entry »

To return to the fears of resurgent terrorism in the North, this would seem preposterous given the patent relief of the majority of the Tamil people that the terrorism to which they were subject is over, a fact the military obviously recognizes. But at the same time it is clear that the people in the North have aspirations that are not being addressed, and this contributes to resentments that could be taken advantage of. Instead then of actions that could contribute to further resentments, the Secretary of Defence should rather work on those who have not only failed to overcome resentments, but have contributed to exacerbating them. Many of the better informed military personnel in the North understand this, and are at a loss to understand the myopia of government in this regard. But sadly, excellent politician though he is, the President will not put his mind seriously to the problem that has arisen in the last few years, and the Secretary of Defence has not produced comprehensive intelligence reports that assess the real reasons for resentment.

The resentment of the people was apparent in the massive vote against government at the recent election to the Northern Provincial Council. The President knew that he would not win the election, and I suspect this was true of everyone in government, even though the Minister of Economic Development, who had been entrusted with the government’s Northern policy, kept claiming that the government would do well. Indeed his belief seems to have been sincere, since the resentment he displayed after the results came in suggested that he was deeply upset at the total failure of his strategy. It was he, the President had told Dayan, who had insisted that the poll be postponed, on the grounds that the work he was doing would win popular favour, whereas the Secretary of Defence had been willing to have the election much earlier. It should be noted then that the Secretary’s opposition to holding the election last year was based on practicalities, the certainty of loss, rather than intrinsic opposition to a Northern Provincial Council, which he had sensibly enough thought should have been constituted earlier. But sadly his reaction to awareness of increasing unpopularity was not to ensure measures to reduce that unpopularity, but to try to sweep it under the carpet by even going to the extent of challenging the President when he made it clear that he intended to abide by his commitment to have the election.

That the Secretary was right to have wanted to have the election earlier is apparent from the results of preceding elections in the North. In the first set of local elections government actually won some local authorities. In the Wanni, government actually came close to winning in two of the three areas that polled, and in one the combined poll for government parties exceeded that of the Tamil National Alliance.

Read the rest of this entry »

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.

Read the rest of this entry »

As I shall be away for a few weeks, I thought it best to bring this series to a close. I have tried here to discuss the need

a. for Parliament to be strengthened, through better use of Committees so that its legislative and oversight functions are treated seriously

b. of streamlining the Executive and making it more effective

c . to strengthen local administration

d. for much greater coordination between government bodies and also elected and unelected officials

e. to provide clear job descriptions and institute and enforce reporting mechanisms

f. of much better training programmes with assessments that privilege efficiency, effectiveness and initiative

I have noted some areas in which best practice is available, as with the Community Policing programmes in the East, or the regular discussions between Divisional Secretaries and Pradeshiya Sabha leaders in some areas in the North, or even the recording in Batticaloa of unused government buildings, in a context in which the thrust is to use more and more cement as yet another intelligent and able Government Agent put it.

I have also noted some areas in which reform is long overdue. A common theme of my suggestions is streamlining and targeting, as with the proposals for electoral reform that restore the link (and hence responsibility for and accountability to) between elected representative and the people; or the recommendation that the Cabinet be reduced in number with Ministers chosen for administrative capacity and planning skills rather than electoral success.

Read the rest of this entry »

As I have noted, the Vasantha Senanayake proposals that have been sent to the Parliamentary Select Committee are to form the basis of the discussions the Marga Institute is facilitating to promote consensus. The most innovative of the ideas put forward in the memorandum submitted to Parliament is the suggestion that we accept the logic of the Executive Presidential system, and therefore bring the Cabinet in line with the executive system in other countries which have Executive Presidents – the United States and Russia and France and the Philippines, to name but a few.

On a proper Executive Presidential system, unlike the hybrid perversion J R Jayewardene introduced, those put in charge of the different branches of the executive come from outside Parliament. If they are in the legislature, they have to resign their Parliamentary positions, as Hilary Clinton and John Kerry did. Even when the President has a Prime Minister whose tenure depends on the confidence of Parliament, when that Prime Minister has won election and established a majority, he gives up his seat to take up an executive position. And as we saw with Vladimir Putin in Russia, someone who had been elected to Parliament and thereby been chosen as Prime Minister, can easily, and with greater effectiveness, be replaced by a technocrat.

Characteristically, Dayan Jayatilleke opposed the suggestion on the grounds that it would lead to the President filling the executive with his own relations. This was yet another example of an otherwise very distinguished analyst allowing ad hominem arguments to influence his judgment. I should add that his position also fails to take into account the fact that any relations who aspire to executive office will have no difficulty in getting elected, as both our Parliament and many Provincial Councils exemplify. The problem then is that even the very able start making getting re-elected their priority, whereas if Ministers concentrated only on making a success of the areas for which they are responsible, we would have decisions and actions that focus on results rather than popularity.

Read the rest of this entry »

Last week the Marga Institute held a discussion on several sets of proposals that had been forwarded to the Parliamentary Select Committee looking into ‘Political and Constitutional Measures to Empower the People of Sri Lanka to Live as One Nation’. After much animated discussion, it was decided to work with the set of proposals put forward by Vasantha Senanayake, and a couple of groups have been established to flesh these out.

Senanayake is perhaps the brightest of the young Members elected newly in 2010, a factor noticed by several embassies that have sent him on delegations of young Members to visit their countries. These proposals sprang from his work with the One Text Initiative which had seen him spearhead a group of Parliamentarians, representing government as well as different opposition parties, who had interacted with members of the Sri Lankan Diaspora, both Sinhalese and Tamil, in Britain. They had sent a report on their visit to the President, though there has been no response to the interesting ideas and suggestions they put forward.

Vasantha had worked together with a group of young professionals to put forward the proposals which included some startlingly innovative ideas. Perhaps the most important of them is not however new, because it was one of the principal elements on which three recent documents on constitutional reform agreed, namely those of the Liberal Party, the UNP and the group led by Rev Sobitha. This was the need to get rid of the present system of elections, and I think it would be useful to return to this now, since the last set of elections to Provincial Councils made crystal clear – again – how destructive the current system is.

Read the rest of this entry »

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.

Read the rest of this entry »

Earlier this month the Liberal Party sent some suggestions for reform to the Parliamentary Select Committee meant to recommend solutions to current national problems. They are based on a vital principle that should be followed in all discussions, namely that we should try to assuage the fears of others rather than seek to assert one’s own desires. Through sensitivity to the concerns of others, one can often also ensure sensitivity to one’s own concerns.

Our suggestions reaffirm the primary obligation of the State to fulfil the objectives detailed in Chapter VI of the current Constitution. Safeguarding the independence, sovereignty, unity and territorial integrity of Sri Lanka are vital and all those wishing to broadbase the decision making process should recognize that these principles should be paramount. But equally those concerned with national integrity must also appreciate the importance of decentralizing the administration and affording all possible opportunities to the People to participate at every level in national life and in government. National unity should be strengthened by promoting co-operation and mutual confidence, while discrimination and prejudice should be eliminated.

To avoid concentration of power, the doctrine of Separation of Powers should be followed. The different layers of government should be sensitive to the needs of other layers and the People they represent, and this needs to be encouraged by structures that enhance accountability. Some suggestions below need to be entrenched in the Constitution. Others are more appropriately fulfilled through legislation, but the Constitution should direct that such legislation be put in place. I should reiterate here the importance of the first suggestion, since it is little recognized that we have the only Executive Presidential system in the world in which the Executive President is tied down to a Cabinet that is hamstrung by its Parliamentary responsibilities – which means electoral concerns in the main.

Read the rest of this entry »

Rajiva Wijesinha

April 2019
M T W T F S S
« Dec    
1234567
891011121314
15161718192021
22232425262728
2930  
Advertisements
%d bloggers like this: