Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, January 29, 2019

This Govt. is bad but the ALTERNATIVE IS TERRIBLE


“If voting made any difference they wouldn’t let us do it.”  ~  Mark Twain  

2019-01-30 

On January 8, 2015, the people of this country unreservedly placed their hopes and aspirations on line. Their expression in the exercise of their fundamental right to vote couldn’t have been clearer. They elected a new government. They rejected the Rajapaksa-led coalition that, in their opinion, was corrupt, nepotistic and fast approaching the threshold of despotism founded on family-bandysm. What would have happened in the event the Rajapaksas were elected again 2015 would be another tale to tell, yet for the good fortune of all Sri Lankans that did not happen. 

  • Bond between Prez, PM broke asunder after Oct. 26 
  • Rajapaksas in a socio-political context are an abysmal example to the country 
  • Victory over LTTE is no licence for the rape of the country they allegedly saved
  • Treatment of bribery and corruption as part of the system is truly dreadful

But with passage of time, almost four years, those hopes and aspirations have all evaporated like a fading mist against a furious, rising sun. They didn’t vanish overnight; nor did they give advance notice. But the coming of disaster was definitive. The one critical factor that bonded the coalition, the bond between President Sirisena and PM Wickremesinghe, broke as under. Within a matter of mere 24 hours, to the astonishment of the entire country- except perhaps not to the conspirators of the unsavoury event- the sitting Prime Minister was summarily removed and another sworn in. Mahinda Rajapaksa, thanks to the decision of the President, had another short political honeymoon in power for 50 days! 

What the people witnessed during those 50 days gave a glimpse of the type of government that they would have if the 50 days continued for another few years. The unleashing of the fury of MR’s comrades-in-arms was manifestly attempting to control the House of Parliament. They met more than adequate, legitimate and legal resistance from the real leader of Parliament, the Speaker, Karu Jayasuriya. But there won’t be Karu Jayasuriya as Speaker in the event the Rajapaksas form a government again. Behaviour of the MR’s disciples under a ‘friendly’ and weak speaker would be unimaginable. The Rajapaksas in a socio-political context are an abysmal example to the country. There is no argument about it. Slanderous gossip, alleged financial crimes in addition to boundless greed, self-indulgence and obsessive nepotism have all added up to a practice of lifestyles one should not follow. 
But with passage of time, almost four years, those hopes and aspirations have all evaporated like a fading mist against a furious, rising sun. They didn’t vanish overnight; nor did they give advance notice. But the coming of disaster was definitive
This socio-political example set by the Rajapaksas has assumed exponential proportions with the growth of a special class of businessmen and women whose solitary aim in life consists in gaining proximity to the powers that be and gaining access to the numerous unsolicited tenders and government-sponsored work which eventually bring enormous financial benefits both to themselves and their foremost clients, the ‘first family’. The most bizarre aspect of the culture that these political vagabonds set out to establish as a norm is this abrasive character of over-indulgence in material wealth and insatiable appetite for women and wine. 

The heavenly atmosphere that enveloped the state machinery began devouring the mere mundane. A very few who possessed a probing mind could detect the cracks and fissures of the veneer that covered an utterly corrupt and dishonest disposition of a family seemingly devoted to the five precepts of Buddhism. That culture is not for our children who pursue a role model. The victory over the Liberation Tigers of Tamil Elam (LTTE) is no licence for the rape of the country they allegedly saved. In addition to this rotten culture that they were instrumental in creating and then injecting into the surrounding brethren of society, the continuous stay in power gave them false hope of power for lifetime. 

It is this obsession of lasting power that ultimately killed their political ambitions. Dividing the country’s financial powers- by way of yearly appropriations called the Budget- among the three brothers, Mahinda, Basil and Gotabhaya, the first family ran the administration like their own private property. This malpractice of financial administration continued as long as the regime lasted.
Inflated budgets within their grasp helped them to further their stature in the country as super-men; unlimited access to the government coffers afforded them an unadulterated opportunity to ensure a false image of efficiency and go-to men. The average man and woman did not know nor did he/she understand the realistic position of this malpractice of government and its financial administration. 
The very promise that the coalition led by Maithripala Sirisena and Ranil Wickremesinghe held out to the voters in 2015 has fallen flat. The so-called corrupt politicians of the last regime are still free and even daydreaming about coming back to power in order to do more damage to the fabric of our society
Given this totally unacceptable culture and the socio-political ethos, so created by the Rajapaksas with the unexpressed acceptance of a large part of our population, took their winding and unkind journey for nearly two decades. The most distressing aspect of this political dynamic is the total docility of our people. Treatment of bribery and corruption as part of the system is truly dreadful. For the hardworking man, it is brutally unfair; for the school going child, it is unpromising and for their henchmen and women, it is salivating and alluring for more and more money and power. It is indeed a bad alternative. 

Yet today’s voter may have already forgotten about these past misdeeds; even if he does remember, he might let these vicious and heartless memories go, for his engagement with politics matters only on the eve of an election. And it is in this context of forgiving and forgetting climate the current government of Ranil Wickremesinghe has failed so miserably. Not pursuing the allegations against the former first family to its logical end has come to haunt them. Mark Twain said: “The government is merely a servant―merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn’t. Its function is to obey orders, not originate them.” The very promise that the coalition led by Maithripala Sirisena and Ranil Wickremesinghe held out to the voters in 2015 has fallen flat. The so-called corrupt politicians of the last regime are still free and even daydreaming about coming back to power in order to do more damage to the fabric of our society. 

After the Bond-scam scandal the so-called Yahapalanaya image has flown out of the window. The broken allegiance between Ranil and Maithripala, the President is beyond repair. Yet the air of freedom, especially among those who practise journalism and writing is soothing and seeming to be lasting. The establishment of the various Councils to govern the diverse sectors of the administration machinery seems to have taken control the best illustration of which was how independent our judiciary was during the attempted coup enacted by the Rajapaksas aided and abetted by the Executive. 

However, the current administration is bad; yet the alternative is beyond terrible. 

The writer can be contacted at vishwamithra1984@gmail.com

Good governance and economic development


Empirical studies have shown that countries which have established good governance regimes have been able to attain a faster economic growth and sustain it in the long run. Countries with poor governance have not only been laggards in the race but also failures to sustain high economic growth continuously – Pic by Shehan Gunasekara

Part I of Paper presented at SLEA Annual Sessions 2019

logo Monday, 28 January 2019

The presence of good governance at both the public and private sectors in a country has been viewed as a positive contributor to sustained economic growth.

At the private sector level, practising good governance principles will enable the stakeholders of a private venture to get the best out of their deals with such ventures. If a private venture does not practice good governance principles, it amounts to an unequal exchange and the stakeholders are destined to a substandard choice in their transactions with it. The economy-wide presence of such substandard choices will reduce the welfare of a nation, though it may have attained high economic growth for a number of years.

As compared to private ventures, government organisations are in an advantageous position, since they could use the sovereign power of the state to extract resources from society at will. Since economic development entails the use of scarce resources of a society to get the maximum out of the least, governmental organisations should practice good governance by observing both the spirit and the letter of the principles of good governance. It gives confidence to investors that the moneys they invest are safe from improper expropriation which is a necessary condition for a society to ensure sustained economic growth.

Empirical studies have shown that countries which have established good governance regimes have been able to attain a faster economic growth and sustain it in the long run. Countries with poor governance have not only been laggards in the race but also failures to sustain high economic growth continuously. This paper will concentrate on good governance in governmental organisations and how it would contribute to development. The responsibility for introducing and practicing good governance principles in the government sector of a country exclusively devolves on its political leaders.

Governance means how an individual, an organisation or a government would relate itself to its stakeholders in a responsible manner in delivering its promises to them. In politics, it relates to the manner in which elected politicians would perform their duties toward citizens who have elected them to power. In ancient times, kings and rulers of countries are said to have performed these duties by observing Ten Royal Qualities consisting of the qualities of gifting, sacrifice, virtue, austerity, uprightness, softness, non-harmfulness, having non-ill will, forbearance and non-conflict.

These ancient 10 principles are so comprehensive that if any political leader follows them today, then, there is no need for enforcing governance on them externally. But, as remarked by James Madison, the fourth President of USA, ‘if men were angels, no government would be necessary’. This quote could be extended to governance as well: ‘since political leaders are not angels, enforcement of governance from outside is necessary’.

Actions taken by a government do not necessarily benefit all. Some in society are made better off by government action, while some others are made worse off. Hence, the practice of governance by political leaders is necessary in order to avoid harms and enhance the benefits to citizens. For instance, in the case of a government, trying to attain the highest growth, while damaging the environment by a nation is not considered a good governance practice. Similarly, in the case of a company, it is not good governance if it seeks to maximise profits, while displeasing employees or cheating customers.
Governance is, therefore, a matter that is concerned with every area of human relationships, though in most cases, reference is made only to political governance or corporate governance. Within the system of political governance, there are sub-governance aspects concerning economic policy governance, monetary policy governance and so on. The proper observation of all these aspects of governance is necessary for a political cum economic system to function properly. This paper will look at these aspects in detail and argue that it is the responsibility of the political leadership to establish proper governance systems within a society.


Matters that give rise to governance issues

Issues relating to governance arise due to two reasons, both connected to each other. The first is the division of labour which we have seen in the modern economies. Accordingly, to do things better, people have to depend on a large number of others whom they engage as servants.

For instance, since not everyone is competent to teach his or her own children, he or she has to depend on a profession called teachers. Similarly, since each one of them cannot treat his or her own illnesses, once again he or she has to depend on another profession called physicians to do so. Economists have branded those servants as agents and those who hire them as principals. That is at an individual level. At a company level, owners of a company hire managers to do the job and at the national level, citizens hand over the task of governing to elected politicians.

The second reason relates to the normal human nature. Man is by nature a selfish creature and, therefore, bent on satisfying his own self-interest over anything else. According to the evolutionary biologist, Richard Dawkins, who wrote the book ‘The Selfish Gene,’ the selfish nature is embodied in the very genetic constitution of species. This was noted by Adam Smith in relation to economic relationships more than two centuries ago when he argued that one should expect his dinner not from the benevolence of brewers, bakers or butchers, but from their regard to their own interest.

Thus, according to economists, the selfish servant or agent does not always act in the best of interest of the master or the principal for whom he works. Since the master has only two eyes and not ‘four eyes’, he cannot effectively control or see what the servant actually does. This has given rise to what is now known as the ‘Principal-Agent Problem’ in economics and it is this problem that has contributed to the governance issues in the society.

PAP is simply the existence of conflicting objectives between the principal and the agent whom he hires. The principal wants to gain the best for himself and that is why he pays the agent to do the job. But the agent, acting in his own interest may do things which are injurious to the principal. Thus, professionals whom an individual hires or the managers whom the shareholders engage or the politicians whom the citizens elect will not satisfy the needs of their respective principals, but try to satisfy their own desires which are different from those of the principals.

PAP had been known quite for some time and even measures to alleviate its harmful effects have been suggested. Kautilya, the Indian Economist in the 4th century BC, wrote in his economic text, The Arthashastra, that just like a person with honey or poison on the tip of his tongue cannot resist tasting some of it, public servants too cannot resist misappropriating the funds entrusted to them. Worse, the king cannot see it just like he cannot say whether a fish in the water is drinking water or not. Kautilya prescribed both the carrot and the stick to minimise its occurrence.

In the modern era, William A Niskanen, formerly an official of the US Budget Management Office and later an economist attached to the University of California, Los Angeles, in a path breaking publication titled ‘Bureaucracy and Representative Government’ in 1971, talked about PAP between the community represented by the government and its civil servants represented by public bureaus.

Drawing on the previous studies on the subject by economists like Ludwig von Mises and Gordon Tullock, Niskanen presented a new theory called ‘Economic Theory of Bureaucracy’ in which the community as the principal tries to maximise welfare of the members through public expenditure programmes and the civil servants as agents try to maximise their salaries and perks. Accordingly, government expenditure programmes tend to be overestimated and the community has to bear bigger and bigger burdens as tax payers if tax rates are raised or as victims of inflation if new money is printed to fund such programmes.

PAP is most prevalent in joint stock companies where owners and managers are two separate groups. Owners work with the support of the board of directors which has the responsibility for deciding on policy and exercising general oversight on the management. Managers, on the other hand, manage the company to attain its goals. If the Board is passive and cannot exercise its controlling functions effectively, it gives ample opportunities for managers to do everything in their way: rob from the principals, drive them to unwarranted risks, involve them in costly legal battles and make them lose reputation through displeasure of employees and customers. At the end of the day, managers can leave the place having soiled it, but the shareholders and board members who represent them have to break their necks to clean it.

Thus, the effective resolution of PAP is the solution to the governance issues in any place.


Good governance in politics leads to improvements in quality of life

The presence of good governance in politics as well as in economic policy making contributes to quality of life of people and sustainable economic growth. In a paper presented to the 5th Economic Panel Meeting at Harvard University in April 2002, under the title ‘Growth without Governance’ World Bank economists Daniel Kaufmann and Aart Kraay have argued that the quality of governance has a very strong positive impact on the per capita income across the countries.

Using a set of Worldwide Governance Indicators or WGIs, a good governance template prepared by them for the World Bank, in 175 countries for the period 2001/2, the two economists have also found two other important relationships. The first is relating to the theme of their paper that good governance contributes immensely to a sustainable high growth in PCI in countries. The second is that the growth in PCI does not contribute to improve the quality of governance in the same tempo. Their finding was that growth in PCI has either a weak or a negative impact on the improvement of the quality of governance if good governance had been absent in society initially. In other words, good governance certainly leads to economic growth but economic growth does not necessarily bring in quality governance in society.

In a Working Paper released by the Department of Economics and Finance of the Middle Tennessee State University in USA in December 2010, Bichaka Fayissa and Christian Nsiah have found that in African countries the gaps in economic growth between the richer and the poorer countries have been mainly due to the differences in the quality of governance in the respective countries. For their empirical study covering 28 African countries, the two economists have used the same WGIs relating to the relevant countries between 1995 and 2005.

Thus, the general consensus among economists is that good governance is a pre-requisite for sustaining economic growth and improving the quality of life of people. However, there are a few economists like Columbia University’s Jeffrey Sachs who believe that emphasis on good governance for sustaining economic growth has been a misguided policy drive.

In an article written to the magazine Foreign Affairs in October, 2012 Sachs has countered the argument by Daron Acemoglu and James Robinson in their book ‘Why Nations Fail’ that superior political institutions protect property rights and through such protections, incentivise the process of invention and the diffusion – distribution of such knowledge among prospective entrepreneurs – helping the countries to sustain economic growth.

Sachs has argued that what is more important is diffusion and therefore, without getting involved in inventions, if a country can cause diffusion to happen, that country can ensure continued economic growth as has been shown by many authoritarian countries in East Asia. His reference was to countries like South Korea, Taiwan and Singapore. Yet, in all these countries, people dissatisfied with the quality of life delivered by the authoritarian governments have agitated for democratic institutions which the authorities have delivered to them eventually. Thus, these countries were able to sustain economic growth. However, the other authoritarian countries were not so fortunate and had to go through bloody revolutions which have taken them back for many centuries.


Good governance contributes to economic growth

How does governance promote economic growth or in a different way, misgovernance impede growth? The six governance dimensions which the World Bank has included in its WGIs provide the answer to this question. The six are the following:

1. Voice and Accountability: capturing perceptions of the extent to which a country’s citizens are able to participate in selecting their government, as well as freedom of expression, freedom of association, and a free media.

2. Political Stability and Absence of Violence and Terrorism: capturing perceptions of the likelihood that the government will be destabilised or overthrown by unconstitutional or violent means, including politically-motivated violence and terrorism.

3. Government Effectiveness: capturing perceptions of the quality of public services, the quality of the civil service and the degree of its independence from political pressures, the quality of policy formulation and implementation, and the credibility of the government’s commitment to such policies.

4. Regulatory Quality: capturing perceptions of the ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development.

5. Rule of law: capturing perceptions of the extent to which agents have confidence in and abide by the rules of society, and in particular the quality of contract enforcement, property rights, the police, and the courts, as well as the likelihood of crime and violence.

6. Control of corruption: capturing perceptions of the extent to which public power is exercised for private gain, including both petty and grand forms of corruption, as well as “capture” of the state by elites and private interests.

Governance therefore makes people feel that they are included in the running of the affairs of society. This inclusiveness is an important policy goal of modern societies so that people will become the designers, executers and judges of their own destinies. They collectively ensure the property rights – right to life, physical and financial wealth and human intellect. When the above mentioned dimensions, at least as a minimum, are present in society, people have the ability to benefit from their own labour and efforts. It gives incentives for them to develop their human and physical capital, invent new things and use such inventions in market based productions. The continued market production ensures sustainable growth.

Misgovernance reduces the quality of life of people in society. For instance, suppose that the government is ineffective, public service is inefficient and corrupt and the system works under the pressure of politicians, elite power groups and extreme ethnic, religious or racialist social sects. Then, the law enforcement agencies, namely, the police and courts of law, will become dead ducks. As a result, people have no mechanism to get redress when they have been harmed simply by other members of society. They have to live in eternal fear for their life, property and wealth.

In society, per capita income may have increased to record levels. But what use of that income if it can be robbed by those who can claim impunity from the system? Property can be robbed by other fellow citizens, those supported by politicians in power or governments themselves. This last type of robbery had been a common situation even in the past. That was why the Buddha had to advise his lay followers, according to Pattakamma Sutra canonised in Anguttara Nikaya, to protect the wealth earned through one’s labour from, among others, the greedy kings.

This is similar to the expropriation of private property by modern governments whatever the justification attributed to such expropriations. It is the observance of the rule of law, control of corruption, independent and impartial law enforcement agencies and effective government that will protect the property rights of people.

(To be continued)

(W.A. Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com.)

President’s Brother Dudley Sirisena Trivialized Gota’s Museum Case: Offers To Pay The Money Allegedly Misappropriated By Gota

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President Maithripala Sirisena’s brother, controversial businessman Dudley Sirisena trivialized the corruption case against former Secretary to the Ministry of Defence Gotabaya Rajapaksa over the construction of the D.A. Rajapaksa Museum saying it was a “minor matter”.
Dudley Sirisena
Sirisena, in an interview with Derana TV channel last night, even offered to pay the amount allegedly misappropriated by Rajapaksa and save the former Defence Secretary from the case.
“It’s just 35 million. I sometimes wonder whether I can pay that money and end the case. We should not forget the service rendered by the former Defence Secretary to the country. He was the person who gave ‘administrative leadership’ to the war. This case is a negligible matter when compared to the service they have rendered to the nation,” Sirisena said.
“I was a former serviceman. So I personally know how valuable Gotabaya Rajapaksa is,” the controversial businessman said, lavishly praising the former Defence Secretary.
“He would have been a national hero during the time of our ancient kings,” Sirisena added while admitting that he has maintained close ties with the Rajapaksa family since the day former President Mahinda Rajapaksa fell out of power on January 09, 2015.
“I admit they made some mistakes. Who doesn’t make mistakes? But that does not mean we can undermine their service to the country.” the President’s brother, one of the main negotiators on behalf of Sirisena with the Rajapaksa family in the run up to the constitutional coup on October 26, said.
The Special High Court, last Tuesday, read out the indictments against Gotabaya Rajapaksa and six others over the DA Rajapaksa Museum case for misappropriating State funds amounting to nearly Rs. 34 million to construct the museum at Weeraketiya in Medamulana. They have been charged under Section 5(1) of the Public Property Act and Section 388 of the Penal Code, the Prevention of Money Laundering Act and the Public Property Act.
The case was taken up before the three-judge bench of Justices Sampath Abeykoon (Chairman), Sampath Wijeratne, and Champa Janaki Rajaratna.
After the defendants were read the indictments, President’s Counsel Romesh de Silva, appearing on behalf of Rajapaksa, raised objections that the Special High Court had no jurisdiction to hear the case noting that according to the Judicature Amendment Act, the permanent Special High Court had the authority to investigate cases of serious economic and financial fraud. De Silva argued that this case did not fall into that category.

Read More

SRI LANKA’S POLITICAL PROBLEMS IMPERIL A FRAGILE ECONOMY


Image: A dock worker is seen on top of shipping containers in a ship at the main port in Colombo, Sri Lanka, 21 June 2018 (Photo: Reuters/Dinuka Liyanawatte).

Sri Lanka Brief
29/01/2019

28 January 2019.  Dushni Weerakoon, Institute of Policy Studies of Sri Lanka.

Sri Lanka plunged into a political crisis in October 2018 when President Maithripala Sirisena suddenly and unexpectedly sacked the sitting prime minister Ranil Wickremesinghe, his former partner in the National Unity Government formed in January 2015. It could not have come at a worse time for the Sri Lankan economy.

In a peculiar turn of events, the replacement prime minister sworn in was none other than Mahinda Rajapaksa, the former president of Sri Lanka against whom Ranil Wickremesinghe and Maithripala Sirisena joined forces to bring about a surprise regime change nearly four years earlier.

The situation worsened when the President dissolved the Parliament a week later. Finally, after 47 days of claims and counter claims about who was actually governing the country, Sri Lanka’s Supreme Court declared the dissolution to be unconstitutional and Ranil Wickremesinghe was once again sworn in as prime minister in December 2018.

It is well known that cracks in the ruling coalition deepened following a poor showing at local government polls in February 2018. Three years of economic underachievement is partly to blame. Weak growth averaging around 3.5 per cent and higher household taxes under an International Monetary Fund program are unsurprisingly unpopular.

Immediately after the polls, the President abolished the Cabinet Committee on Economic Management, which was headed by the Prime Minister, and brought economic decision-making under his control in the National Economic Council. The President further chipped at the Prime Minister’s portfolio by removing key economic agencies such as Sri Lanka’s Central Bank and Securities and Exchange Commission from his ministerial purview.

Still, the timing of the President’s actions came as a surprise to most given the worrying state of the economy and the risk those actions posed to destabilising it further. Indeed, it also raises the question of why any political grouping would seek to take responsibility for steering the economy through what is clearly a turbulent time, with the promise of even more testing times ahead.

Painstaking fiscal gains over the last two years are gradually reclaiming macroeconomic stability on Sri Lanka’s economic front. But the predominantly revenue-based adjustment process is imposing a heavy burden on households due to higher taxes as well as higher prices after the removal of fuel subsidies.

At a more macro level, the economy is further suffering as the favourable external financial conditions that prompted Sri Lanka’s excessive reliance on foreign borrowing start to reverse. US interest rate tightening and a stronger dollar prompted a steady outflow of foreign investors from Sri Lankan gilt-edged securities in 2018. The disruption saw the Sri Lankan rupee depreciate — by 14 per cent for the year up to October — posing significant economy-wide risks to a country burdened by a hefty total external debt stock of 60 per cent of GDP.

Pressure on the currency is bad news for Sri Lanka as it prepares to face a spike in foreign currency denominated debt settlements in 2019 — the first of a consecutive series of years in which the country has to roll over sovereign bonds.

In these circumstances, upholding a sustainable fiscal regime is considered a non-negotiable prerequisite to dispel any lingering foreign investor concerns. But the political turmoil has left the economy haemorrhaging further. By the end of 2018, the rupee had depreciated by nearly 20 per cent for the year, while Moody’s and Fitch Ratings downgraded Sri Lanka’s credit ratings in November and December 2018 respectively.

Sri Lanka is entering 2019 with a great deal of trepidation on the economic front. While the court verdict seemingly resolved the political impasse, it does not spell the end of Sri Lanka’s power struggles. These will only continue to heighten as the country approaches crucial presidential polls in 2019 and political candidates and parties start to stitch up alliances in the run up to it. The distraction is bad news for an economy that needs detailed and sustained attention. It will be worse news should there be a push to adopt more populist measures in a close-fought electoral contest.

Sri Lanka has to pull off a delicate act in the coming months: prevent economic policy slippages that damage the country’s investment prospects, and push ahead with reforms that will revamp the economy and lift growth. It is a tall order for a country that seems set to have little respite from political machinations in the year ahead.

Dushni Weerakoon is Executive Director of the Institute of Policy Studies of Sri Lanka.
This article is part of an EAF special feature series on 2018 in review and the year ahead

Fact-check to avoid disconnect between the real and the online

 2019-01-30

Social media is no longer an afterthought. It now forms an integral part of any company, any public personality and any public movement -- anything anyone wants to be known by someone else is more often in social media than not. 

It most certainly should when at least a fifth of your own country’s men and women are likely to be members of the world’s largest social media platform. 

Last year, the impact of social media on the Sri Lankan society was made clear twice -- once in March when platforms were blocked following riots in Kandy. This was more of a knee-jerk reaction to failures on the part of law enforcement to crackdown on violent mobs and also social media platforms to deal effectively with inflammatory content, on which they had been made aware of. 

  • SL badly in need of real-time fact-checking
  • Twitter is where the initial break-out of a story takes places
  • Political parties gearing up for battles ahead
  • No one would be foolish to say Facebook and Twitter were the two holy factors that combined to restore the pre-October 26 status quo

The second instance was during the impasse over the PM post. A pertinent question would be whether the peaceful campaign to restore the PM post back to Ranil Wickremesinghe would have evolved peacefully and eventually succeeded without social media. 

No one would be foolish to say Facebook and Twitter were the two holy factors that combined to restore the pre-October 26 status quo. There were more potent forces than them at play. 
Would the country at large be in a position to have so many diverse information sources and opinions without social media, given how muzzled the national media could be?

But they did play more than a peripheral role. Combine the overtly biased reporting over some of the private networks with the embarrassingly-poor reportage in State media, and the country was getting a full dose of lopsided vitriol. The content often lacked any kind of subtlety, substance and sometimes were personal attacks of the worst kind. 

Would the UNP, JVP, other political parties and citizen groups clamouring against the removal of  Wickremesinghe be in a position to get two words into this one-sided dog fight without social media? 

Would the country at large be in a position to have so many diverse information sources and opinions without social media, given how muzzled the national media could be? 
Finally, would fake content, like forged letters from the Speaker’s office be found out speedily enough and before they could have spread without the crowd sourcing nature of social media?


In its tips for 2019, Twitter says its users should use the app as the place to break the news. That is precisely what is happening -- Twitter is where the initial break-out of a story takes places and then it takes a life of its own on Facebook, Instagram and others. On that second platform, I am now convinced, is where we get some of the best political and social commentary. They come from a multitude of sources, some partial, some not, in the form of memes. 

Look at the Facebook effect -- last week, the story on those youth foolishly on top of a stupa gained national attention and landed them in jail because of the social media network. If it were not so popular, the images would have not made such a commotion. I have no proof, but I would not be surprised if the youth posed as they did because of the attraction of social media. Just last December, we had a man approach an elephant who was of no harm to anyone, to make a Facebook video and get killed in the process. 

In an election year, political parties are gearing up for the battles ahead. They are putting in place resources and personnel to make sure they have traction online. 
In an election year, political parties are gearing up for the battles ahead. They are putting in place resources and personnel to make sure they have traction online

As much as the potential and reach of the likes of Facebook, WhatsApp, Instagram and Twitter rise, so will the dangers. A big concern would be fake and inflammatory content ploughing into communities and creating reverberations within those echo chambers. 

During the October-December impasse, the impact of fake content was low. The ones that were floated were easily revealed as fakes. But that was because relevant parties reacted fast, the level of fakes was not high and not because the platforms were geared for such. 

There is however no guarantee that a similar situation would prevail during national elections. Sri Lanka is badly in need of real-time fact-checking. 

The author is the Asia-Pacific Coordinator for the DART Centre for Journalism and Trauma, a project of the Columbia Journalism School
Twitter - @amanthap 

From instability to greater disability -AHRC

(Lanka e News -29.Jam.2019, 9.20AM) Perhaps one thing that was forgotten when Lord Dunmore gave Adult Franchise for all, and also when Sri Lanka became an independent nation, is the stability of the social structure of a country. This is what provides for the establishment of the government, which will ensure security and stability to all.
When these matters are talked or written about, the invariable reaction is that we have gone deep into this crisis. Not just cynics, but those who know the ground reality, feel that whatever description is given about this crisis is only an understatement, with the actual status being much worse.
Meanwhile, the middleclass critics continue discussion in a language that could be used anywhere. They do not have much interest in the actual depth of the crisis prevailing in their own country. While the media keeps up a general discussion, it does not go far enough to reveal the crisis that has now become disproportionate.
LEN logoHowever, the truth manifests in the streets, where murder (and other violations) have been made easy. This is a result of the careless neglect to investigate into any serious crime and convince the public that law enforcement agencies are competent and capable. Instead, the situation now is that actions are taken after events of crime, such as street patrols improved after the event. This occurs for a few days, until officers are called to other duties and the matter is then over. This is the fate of all crimes. The same thing is seen in the issue of corruption. In Sri Lanka, corruption has spread like a deadly cancer, but there is no wish on the part of anyone to provide healing aspects.
Governance has itself become an affair where corrupt elements vie for positions, with the hope that they could become richer than they had ever imagined. The selling of seats to the highest bidder has become a general practice. All this is known and talked about, but there is no will to fight and bring this to an end.
When crises become ever greater, people lose their resistance power. They get confused and disoriented. They do whatever they can to survive individually, and a pathetically hopeless situation develops. The noise of the crisis can be heard everywhere, and before such noises the people try to flee further.
These situations that exist in several countries, like Bangladesh, Sri Lanka, Pakistan, Philippines and others, should be treated as shocking. The Office of the High Commissioner for Human Rights and all other authorities should take this into consideration and take steps to ensure that the crises are prevented from becoming ever greater crises.
-A Statement by the Asian Human Rights Commission
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by     (2019-01-29 03:59:24)

Sri Lanka’s judicial institution should not be left to a few brave judges to uphold



Sunday, January 27, 2019

The ongoing war of words in Parliament over the appointment of judges to the superior courts has an increasingly sinister dimension to it that must not be underestimated.

Eerily familiar signs

The Sunday Times Sri LankaTaken together with the push by some politicians and supportive monks to seek a presidential pardon for General Secretary of the Bodu Bala Sena, Galagoda Aththe Gnanasara who is now serving a jail term for insulting the judiciary, the cumulative impact is highly inimical to the continued functioning of an independent judiciary.

The signs are unmistakable and eerily familiar. This is precisely the manner in which judges who acted as the Constitution’s guardian were brought to heel in the past. Then too, parliamentary privilege was used to personally attack judges. Little by devastating little, the edifice of an independent judiciary crumbled. Once upon a time, it would have been inconceivable for a judge to express partisan views from a political platform after retirement. But we began to shrug our shoulders and turn away. The repercussions of those years still rebound as this week, a former Chief Justice was noticed for contempt of court by the Supreme Court. Such a development would have been unheard of two decades ago.

So those cynics who maintain that the Sri Lankan judiciary has itself been responsible for its own degeneration may be correct but only in part. Even during those turbulent times in the past, brave judges stood up to political pressure and performed their judicial role impeccably, with painful costs to health and reputation. Last year, as judicial officers from the Supreme Court downwards to the Magistrate’s Court stood firm in face of unprecedented political chaos, pulling the country back from the brink of a constitutional abyss, we have reason to be grateful for that renewed strength.

Dangerous undercurrent to the attacks

This is why political attacks on judges have resumed and must be resisted in full force. For there is a dangerous undercurrent to the attacks that was absent earlier or perhaps, was not articulated with total political impunity as it is today. Then, the clashes were institutional; the institution of the legislature or the executive against the institution of the judiciary and the competing power dynamics therein. Now there is a distinct crudity to the attacks on the floor of the House, using every weapon to hand (communal, religious, race). This is crossing a line that was not crossed earlier, at least openly. Where will this end? We must surely be glad that Illustrious judges of the Court whose reputations and judgments marked Sri Lanka as a singular example of a Commonwealth country where the law and the Bench was respected despite decades of civil and ethnic conflict, are not alive today to witness this ugliness.

Overall, there are two aspects that are equally important. First, we have the hate-mongering indulged in by pointmen of the Rajapaksa faction as seen recently in statements made from the Opposition benches without any credence whatsoever that judges of a ‘Christian persuasion’ were being favoured over their colleagues in the promotion process. These are crude tactics. But the second aspect of this problem concerns the call by Opposition parliamentarians to disclose the criteria on which promotions and appointments of judicial officers take place. Clearly this is a thinly transparent device to mask its crude tactics but even so, a sensible way of meeting those challenges may be in order.

In the face of a sustained campaign from the Opposition benches in this regard, Speaker Karu Jayasuriya defended the process adopted by the Constitutional Council (CC) this week, saying that the seniority of nominees was just one factor that was considered, along with (as reported in the media), the ‘reputations’ of the nominees and the recommendation of the Chief Justice when promotions of judicial officers were considered. This was in the context of a tussle between President Maithripala Sirisena and the CC in respect of the appointment of the President of the Court of Appeal when the President’s nominee was rejected by the CC. The Speaker observed that when considering recommendations for appointments or promotions as required by the law, the CC followed the same criteria specified in the 17th Amendment to the Constitution.

Disciplinary processes of judges of the superior courts

There is little doubt that seniority is only one of several considerations. Sri Lanka’s history is replete with instances where senior deserving judges have been bypassed for politically compromised choices. However and even so, it is important to note that this matter is linked to a larger question of the disciplinary processes of judges of the superior courts. In any institution, the criteria for promotions takes into account, seniority, performance in the position, inquiries of fraud and corruption or behaviour not befitting the post. This must surely be the same for judges as well. For example, if a judge is found to have misappropriated public funds or taken money from a politician or any other person for that matter or received any inducement (be it a car or the funding of a wedding ceremony of a child), that must lead to impeachment proceedings.

But while it is the Judicial Service Commission which looks into the disciplinary processes of judges of the subordinate courts, an impeachment motion in Parliament (with all its attendant political divisions) is the sole and only option where judges of the superior courts are concerned. That must change. Rather than impeachment at each and every point which is rarely resorted to unless for political purposes in Sri Lanka, the process of inquiry into such allegations must be devised in such a way that it is less politicised.

Further, transgressions of a ‘lesser variety’ (as opposed to impeachable grounds) on the part of judicial officers must also be of record, not float around in the realm of speculation, gossip or the frenzied habitats of the social media. Conflicts of interest that are not declared when hearing a case must rank on the top of that list. In that way, no politician can get up on the floor of the House and bellow that ‘so and so’ should not be disregarded in the process of promotions as the factors militating against such a promotion will be on record.

Courageous judges must not face crude political storms

This calls for serious and thorough reform proposals on the Sri Lankan judiciary that the Bar may well have usefully got itself engaged in during the past three years without swaying from one side of the political divide to the other. Issuing statements condemning politicians who attack judges using parliamentary privilege is just the bare minimum. Much more is expected from the Bar. The strength of Sri Lanka’s judicial institution should not rest on the shoulders of a few courageous judges who are then left to face a crude political storm at the whim and fancy of political ruffians. The events of October 2018 may have gone in an entirely different direction if judicial fortitude had not been demonstrated.
That is a self-evident warning.

May the good men take care of the public good! Do we have such leaders? Part 1



logoMonday, 28 January 2019

The first Governor-General, Sir Henry Monck Mason Moore, of independent Ceylon, had said that “Ceylon would prove the best bet in Asia”. Likewise, it had been the considered opinion of everybody that Ceylon had excellent prospects of achieving economic development in independent Sri Lanka.

Consequently, by the time we had reached the fifties and sixties, our nation had been far superior in our standards of education, literacy, health, mortality of women/children, transport, etc., compared to even developed countries.

What really happened thereafter? The nation had been worryingly at odds politically, socially, economically and even ethnically. Furthermore, leaders had failed to resolve governance and policymaking issues futuristically for the public good.

They were in three sharply divided ends; the old-fashioned right, the communist-oriented left and on ethnic lines. Positive leaders, with a vision, supported by a strong organisational culture were seriously lacking. They did not walk the talk. Many of our leaders did not ensure that they are duty bound to build a strong, transparent, and well-communicated governance mechanisms together with an emphasis on integrity, ethics and the other characteristics needed for organisational success.

It was fortunate, unlike at present, all communities, namely, Sinhala, Tamil, Muslims, Burgers and Malays had unitedly struggled for independence and for building up one nation. They had built up this common platform, separated by religion, culture, language, etc. The party which brought them under one umbrella had been the United National Party (UNP). It was ethnically a “super mix”.

How did the deterioration between Sinhala-Tamil relations begin after the UNP Government headed by the first Prime Minister D.S. Senanayake enacted two separate laws? The new leadership made an attempt to repatriate a section of plantation workers and to disenfranchise Indian Tamils in the estate sector during 1948-49 periods. In 1956, thereafter, the S.W.R.D. Bandaranaike Government introduced laws to make Sinhala language the official language. Governments thereafter had introduced reformist provisions such as “the reasonable use of Tamil language” in 1958, 1972 and 1978. Tamil has now been recognised as “an official language”.

How the governance system deteriorated

Let me briefly outline how the governance system deteriorated to the present level. The abolition of the independent Public Service Commission (PSC) was a major cause. The PSC was until then the appointing authority with vested powers for transfers, promotions, and disciplinary control over public officers.

The 1972 Constitution strengthened the powers of the Cabinet of Ministers and paved the way for politicisation of the public service. Public Service has finally become a virtual appendage manipulated by the politicians, since the introduction of the republican Constitution, with effect from 22 May 1972.

Secondly, the establishment of the all-powerful presidential system, with an Executive President, elected by the people directly for a fixed term of five years (which was previously six years until the enactment of the 19th Amendment) too was a disaster.

The Executive President, constitutionally is the Head of State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces. Presidential system has run in to trouble. And what could we do to revive one of the oldest democracies in the world? In a top-heavy kleptocratic government, Executive President devalued the parliamentary system of governance.

The country needs an Executive President who could rebuild our country.

US President Franklin D. Roosevelt 

President Franklin D. Roosevelt on his inauguration day 4 March 1933 had said that “they had nothing to fear but fear itself”. He had thereafter within hours embarked on what was considered to be the greatest 100 days program in American presidential history.

President FDR had taken steps to enact 15 major laws, which were all designed to get people back to work by building federally funded infrastructure development projects. As President FDR had pledged during his election campaign, it had been a new deal for the American citizens.

President FDR had said that the government had an obligation to its citizens. The country at the time President FDR had been elected, it was on the verge of a second civil war or a revolution. The new deal of FDR Government had been designed to make sure that such a disaster never happened. It is said that in Roosevelt’s America, digging a drainage ditch was not just a job, all that had been considered the contribution of the work force to make America great.

Building a school was not considered as an employment to find an income and they had considered that it was their contribution to the next generation to make America even better. Our politicians too had copied concepts like ‘100 days program’ from America but failed to produce results to make Sri Lanka great. They have chosen to confine all that purely for rhetorical comments to hood-wink the masses.
A distorted democracy
The Proportional Representation system introduced by the UNP with the promulgation of the 1978 Constitution too, has presently converted one of the oldest democracies to a distorted democracy – where rent-seeking politicians blatantly abuse power and form coalition governments purely for the benefit of the governors and not the governed. This has finally led to produce deal-making coalition governments. All these has seriously affected running ethical, moral people friendly governments for the last few decades.

As we have experienced, the 1978 Constitution paved the way for even worse governance – systemic and procedural problems. We have experienced instances of blatant disregard for constitutional requirements, violation of fundamental rights, neglect for universal norms of governance, most importantly the dream of the citizens to live in a democratic society, by the elected representatives themselves. All these deficiencies have finally eroded the governance system and created an inferno for the people. Furthermore, it has therefore become necessary to restore the institutional credibility, legitimacy, and respect of the people.

Since 1970s, all successive governments reduced the allocation for education even below 2 and 3% of the GDP, only to pay teachers’ salaries and the cost of expansion in order to accommodate new admissions. Owing to this, quality of education had come down drastically. Education moulds people. Having cut down allocations for education they spend billions for luxury vehicles etc. The government during the last budget removed the ad-volerum calculation method of duty on luxury vehicles.

How can a country progress when concessions are granted causing immense losses to the Government Treasury?

“To build a country, you need passion, if you just do your sums – plus, minus, debit, credit – you are a wash-out” – Lee Kuan Yew. Greg Sheridan in his book ‘Tigers’ says – “Lee has been a man of passions, of burning brilliant passions. He has been passionate about the big things: Singapore’s independence, communism in Indochina, benefits of a free-market economy. But he has also at times been passionate about amazingly trivial – about the lengths of young men’s hair, about the cleanliness of Singapore’s streets.”

Unite to fight the common enemy

It is unbelievable how our leaders, mostly being Buddhists, had disregarded that individual development lies on both physical and spiritual attainments. Lord Buddha acknowledges that physical wellness is equally important as the mind because of their mutual interdependence. Lord Buddha had refused to preach to a hungry man to prove the fact that the economic factors are extremely important elements of spiritual welfare of people. Lord Buddha had taught “hunger is the greatest disease”.

I have seen people accuse that Sinhala Buddhists are people who are worse than animals. Ven. Dr. Rahula, one of the greatest well-known scholars of international repute quoting a Buddhist Sutta had mentioned, “One of the causes of immorality and crime is poverty.” And that applies to all communities. In my view, it is what these rulers have created over the last few decades by depriving people of their basic needs. We should therefore unite to fight the common enemy – the rent seeking corrupt politicians.

Raise voice on quorum

The Constitution of Ceylon (Sessional Paper III – 1948) I quote – Article 20 (Quorum): “Fewer than twenty members present, the person presiding shall …adjourn the sitting without question put”, if in case the quorum is not present. This was the practice we had observed since time immemorial, when they had less than even half the number in the present parliament.  There has been no change at all in regard to the quorum since independence. They have amended all the other laws, etc., if the rules introduced by the British were not favourable to them. There have been two Constitutions replaced in 1972 and 1978 and this is one about quorum, which remains unchanged.

In countries like Netherlands, one of the most important rules is that they cannot start the proceedings of the House until “half of the members plus one are present”. In Sri Lanka, we have adjourned sittings, committee meetings for want of quorum, on endless occasions, which no doubt is a disgrace. There is also a scandalous practice among shameful parliamentarians, that with the mutual agreement of both opposition and government, they do not raise the issue of “no quorum”, to suit the convenience of our corrupt legislators. Is this the way how they conduct business in the supreme legislature? These are practices which are totally irregular.

May I request that we must raise our voice that the quorum should be raised to match with countries like Netherlands? In Netherlands, when they enter the building they sign the roll and when the required number is present only the sittings can be officially begin. If in case, this practice is introduced, I have no wonder the country will learn to observe punctuality and not otherwise.

Devolution of powers

Devolution of political and administrative power to the provincial level, since the enactment of the 13th Amendment, in 1987, involves the establishment of nine elected bodies in the form of nine Provincial Councils, with devolved powers, contained in three different lists: (1) Provincial Council List (2) Reserved List and (3) Concurrent list.

The Local Government institutions, as a devolved subject, thereafter, came under the Provincial government system. The notorious 14th Amendment (1988), paved the way to nominate defeated candidates from the back-door, in the guise of bringing in educated people to the Parliament, by the JRJ Government.

After having established Provincial Councils, the next best step could have been the reduction of the number of parliamentarians. My argument is that composition of Parliament should never have been increased, from 196 to 225, having devolved power to the provinces. It should only have been decreased – the right step to bring it down to at least to 125 elected representatives. In addition, the bureaucracy too is extremely large, exorbitantly costly, and immensely wasteful. It is totally inefficient and ineffective.

Our politicians are greedy for power

It is important to achieve excellence in governance and encourage all public sector employees to take responsibility for issues within their control and to actively deal with the matters as they arise at the centre, the provinces and at the grass-root level. It however could be seen that instead of decentralisation there appears to be centralisation because our politicians are greedy for power. Our political leaders do not address the burning issues appropriately to increase better service delivery at all levels.

Nevertheless, according to a report issued by the Steering Committee on Local and Regional Democracy, CDLR, Council of Europe, a policy has been introduced for implementation that anyone having suffered unjustified damage, as a result of act or omission of local elected representatives, has the right to sue the local authority and receive full and rapid compensation. At the last Local Government elections (336 Local Government institutions: 23 MCs, 41 UCs, 272 PSs) the composition of members had been raised from 4486 to 8825 at a huge cost over Rs. 2 billion for a year.

 The Report of the Administrative Committee in 1996 had stated that the Sri Lankan cadre system was far beyond the reasonable requirement for efficient government operation. I am certain that these corrupt politicos will never introduce reforms to uplift the public sector institutions. It is indeed a great tragedy.

(To be continued)

Sri Lanka’s Center for Investigative Reporting ceremonial launch today


Keynote speech by Iqbal Athas :-Wednesday, January 30, 2019


Addressing a long-felt vacuum, Sri Lanka will launch Center for Investigative Reporting (CIR) at a ceremony at ‘The Lighthouse’ Auditorium of the Lakshman Kadirgamar Institute in Colombo today (January 30).

Iqbal Athas, Consultant Editor - Defence Correspondent and Political Editor, The Sunday Times of Sri Lanka will deliver the keynote speech, followed by a panel discussion on ‘Re-imagining Investigative Reporting in Sri Lanka’.

The panelists are Hana Ibrahim, Editor, Daily/Weekend Express; Amal Jayasinghe, Bureau Chief, AFP; and Amantha Perera, Asia-Pacific Coordinator, DART Center for Journalism and Trauma, Columbia University. Moderator of the panel is Shan Wijetunga, Director, Sri Lanka College of Journalism.

“The Center is a collective effort of a group of journalists and media trainers who wish to raise the bar in Sri Lankan journalism. The Center is conceptualised and driven by Sri Lankan journalists for journalists here,” CIR Executive Director Dilrukshi Handunnetti said.

“We wish to support groundbreaking investigative reporting initiatives, adhering to the highest global professional standards,” Ms. Handunnetti said.

“The Center is committed to fostering investigative journalism in Sri Lanka by working with newsrooms to enhance existing talent and by nurturing the next generation of investigative journalists who will represent the industry’s highest standards and equipped to challenge the culture of self-censorship by speaking truth to power,” she said.

The Center has been recognised by the Global Investigative Journalism Network (GIJN)as a member. GIJN is an international association of nonprofit organizations that support, promote and produce investigative journalism.” Its membership is open to “nonprofits, NGOs, and educational organizations” that are active in investigative reporting and data journalism.

SL ranked 89th in Corruption Perceptions Index (CPI) 2018


2019-01-29
Sri Lanka has failed to show progress on the 2018 Corruption Perceptions Index (CPI), compiled by Transparency International (TI), where Sri Lanka has scored 38 on the index retaining the same score from 2017, the Transparency International (TI) said today.
Sri Lanka is ranked 89th in the world and 3rd in South Asia, behind Bhutan (25th) and India (78th) ; on a scale of 0 (highly corrupt) to 100 (very clean).
Denmark and New Zealand are ranked 1st and 2nd respectively with scores of 88 and 87, with Somalia coming in last at 180th with a score of 10.
The CPI performance of Sri Lanka underscores its stagnant anti-corruption environment, which has seen the country’s CPI score fluctuate between 36 and 38 since 2013, despite the anti-corruption mandate provided to the government.  
Speaking on Sri Lanka’s performance on the CPI 2018, Transparency International Sri Lanka’s Executive Director Asoka Obeyesekere said, “It is important to note that the CPI deals with perceived levels of public sector corruption and as such the existence of a legislative framework, without the will or operational ability to ensure timely justice, reflects on Sri Lanka’s clear lack of progress to date.
However, with the likely conclusion of several high-profile corruption cases in 2019, it is essential that all authorities uphold their impartiality and independence. If the application of the law is interpreted as selective or politically motivated, it could prove detrimental to the anti-corruption drive and the justice system”.
Transparency International noted that a cross analysis with global democracy data reveals a link between corruption and the health of democracies.
Full democracies score an average of 75 on the CPI; flawed democracies score an average of 49; hybrid regimes – which show elements of autocratic tendencies – score 35; autocratic regimes perform worst, with an average score of just 30 on the CPI. Sri Lanka’s CPI score suggests that it falls between a flawed democracy and a hybrid regime.  
To make real progress against corruption and strengthen democracy around the world, Transparency International calls on all governments to strengthen the institutions responsible for maintaining checks and balances over political power, and ensure their ability to operate without intimidation, close the implementation gap between anti-corruption legislation, practice and enforcement.
It also calls on all governments to support civil society organisations which enhance political engagement and public oversight over government spending, particularly at the local level while supporting a free and independent media and ensure the safety of journalists and their ability to work without intimidation or harassment.