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qrcode.30826356In my book on Political Principles and their Practice in Sri Lanka, which Cambridge University Press in Delhi published a decade or so back, I wrote that ‘Undoubtedly, the most important function of a government is to ensure the security of its people.’ People needed to ensure their safety from external threats, and they also needed security from others within the community. For the latter they needed laws to govern relations internally, with mechanisms to defend against attacks from outside – though initially these were not subject to law.

Among the most essential functions of government then are security (external and internal) and justice. So in many countries amongst the most important members of the cabinet are the minister of defence and the minister of justice. The former looks after the armed forces and sometimes the police as well, although in some countries there is a separate Ministry for this purpose.

The Ministry of Justice regulates the courts and ensures that those who break the law are brought before the law. In certain exceptional cases, as in the United States, where the doctrine of Separation of Powers is implemented thoroughly, the courts are independent of the cabinet and come under a chief justice. However, there too, there is an attorney general in the cabinet who has to ensure that the laws are implemented and those suspected of criminal acts prosecuted in the courts.

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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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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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The Indian journalist Sathiyamoorthy, one of the sharpest – and also I think most sympathetic – commentators on the Sri Lankan scene, wrote recently on questions in connection with the army and the police in the North. With regard to the latter, he seems to be of the view that the police should not come under the Ministry of Defence, which is not an argument I accept.

My main reason for this is the very simple belief – on the basis of a principle known as Occam’s Razor – that one should not create entities unnecessarily. Unfortunately Occam’s Razor is unknown in Sri Lanka, where we multiply entities endlessly, as with Ministries and layers of government. In affirming the need to keep the police under the Ministry of Defence I believe we should also extend the principle more widely, but that is another question, and requires more thought and strength of mind than is usually applied in this country.

Sathiyamoorthy thinks a division between the police and the Ministry of Defence would help ‘in recapturing the imagination of the police as a civilian force, easily approachable by and comforting to the civilian population. Not just the Tamil minorities, but even the Sinhala population in the run-up to the JVP insurgencies had felt alientated from and by the police, for possibly no fault of theirs’.

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Rajiva Wijesinha

September 2017
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