Features
A ringside view of governance – Memoirs of BP Peiris, Ceylon’s first full-time cabinet secretary
by Nihal Jayawickrama
From the best possible vantage point, Bernard Percival Peiris was a witness to the unfolding of history. In 1947, with the entering into force of the new Constitution under which Ceylon achieved self-government, he was instructed by Prime Minister D.S. Senanayake to take charge of the Cabinet Office as its Assistant Secretary.
In 1954, he succeeded the Secretary to the Treasury as the first full-time Secretary to the Cabinet. In the Cabinet Office, he served through the administrations of six Prime Ministers — D.S. Senanayake, Dudley Senanayake, Sir John Kotelawala, S.W.R.D. Bandaranaike, W. Dahanayake, and Sirimavo Bandaranaike. For 16 years, he attended every Cabinet meeting, and was privy to the processes that led to every significant political decision of the time.
He was relied upon by successive Prime Ministers with opposing political agendas to draft the Speech from the Throne whenever a new session of Parliament was due to open. He observed their different styles of governance and the political strategies which they employed to outmaneuver their political opponents. He recounts many of these, while debunking some of the more publicized political myths of the time.
No other Sri Lankan served for so long, and so many governments of conflicting political ideologies, in that most sensitive nerve centre, the cutting edge of decision-making. No one is likely to do so in the future since that critical office has now been politicized.
Few are aware that B. P. Peiris was also one of the principal actors in the dramatic events of that period. When the British Government refused to undertake the drafting of a Constitution in the midst of World War II, the 37-year old Assistant Legal Draftsman was chosen by D.S. Senanayake, then Vice-Chairman of the Board of Ministers, to draft the Constitution that would lead to the grant of independence to Ceylon.
He was gazetted as an assistant to the Legal Secretary, confined to his home in Panadura, and warned by Senanayake that if his assignment leaked out in any form or shape he would be “hanged by the neck”. Keeping strictly within the “documents in the case” – the Ministers’ Draft, the Report of the Soulbury Commission, and the White Paper embodying the decisions of the British Government, B.P. Peiris produced the Ceylon (Constitution) Order in Council 1946.
When the draft was completed, he borrowed a typewriter and typed. 52 pages of foolscap, using one finger of each hand to do so. When Legal Secretary Nihill took the draft to Whitehall for vetting, few corrections were made.
The 1946 Constitution which B. P. Peiris drafted was the best that Sri Lanka has yet had. It was the model which the British Government used (with the added value of a Bill of Rights which Sir Ivor Jennings had unwisely persuaded the Ceylonese leaders not to include) when it began dismantling its far-flung colonial empire.
It had no ideological basis, and professed no economic or social objectives. It was only concerned with establishing the essential framework for democratic governance. It did so by creating the principal institutions and defining their powers – a constitutional head of state; a parliament comprising two chambers; a cabinet of ministers headed by a prime minister charged with the general direction and control of government and collectively responsible to parliament; permanent secretaries charged with exercising supervision over the departments of government subject to the general direction and control of the relevant ministers; security of tenure for judges of the Supreme Court; a judicial service commission and a public service commission; the consolidated fund, a contingencies fund, and an auditor-general. It was described by one commentator as having “had entrenched in it all the protective provisions for minorities that the wit of man could devise”.
Under the 1946 Constitution it was possible for both right-wing and left-of-centre political parties to be elected to office, and for them to implement their respective programs unhindered. It was possible for both free market and regulated economies to be practised. The parliamentary executive system of. government it provided was strong enough to withstand a military coup d’etat in 1962 and a youth insurrection in 1971.
It was also flexible enough for a government that had lost its popularity to be removed either by a parliamentary vote of no-confidence or through defeat at a general election. The separation of powers was an inherent feature of that Constitution, and judges exercised the power of judicial review of both legislative and executive action. Under this Constitution, the people of Sri Lanka enjoyed a quarter century of relative tranquility, stable government and, generally, respect for individual rights and freedoms.
B.P. Peiris’ eye-witness account of the governance of Ceylon in the first 16 years of its independent existence is unique and has never been related before. His narrative commences at a time when politicians, civil servants and judges attempted to replicate the best features of British democracy in a colony which was described as “the jewel in the British Crown”.
These were halcyon years when Ceylon had the highest per capita income in Asia. Its sterling reserves were high, and its registered unemployed was low. It had one of the smallest military budgets and one of the most extensive social welfare programs covering free education, a free mid-day meal for schoolchildren, free medical facilities, free milk for expectant mothers and growing children, and subsidized prices for rice and flour.
A long familiarity with the application of English common law concepts, constitutionalism, experience of political and social organization and agitation, a remarkably high standard of literacy, a vibrant middle class, a principled national press, and a spiritual commitment to the dignity and worth of the human person, were characteristics that were strikingly evident at the time. His narrative ends with the first stirrings of ethnic tension and the beginnings of the erosion of professionalism and constitutionalism.
Percy Peiris’ memoirs are also a record of the life and times of a versatile, privileged young man growing up in the early decades of the twentieth century in colonial urban society. From his schooldays at Royal College, Colombo, to life as an undergraduate in London and dinners in the Inns of Court; from a relatively brief encounter among the giants of Hultsdorp to 11 years as a law draftsman giving legal form to the sometimes incoherent thoughts of politicians, his memoirs are an invaluable substantial slice of the social and political history of Ceylon.
This accomplished pianist does not fail to recall the lighter moments of his life, such as the musical club the teenager formed with his brothers and sisters; the controversial sowing and reaping dance which the Cabinet Secretary learned from his daughter and then performed on a table-top in the presence of six hundred old Royalists at the Royal-Thomian match-night stag dinner at a time when he was doubling-up as the Secretary to the Prohibition Commission; and the naughty French song which the newly honoured Officer of the British Empire (OBE) crooned to his Prime Minister Sir John Kotelawala at his “honours” party at home.
B.P. Peries completed writing his memoirs in 1967, four years into his retirement. After his death in 1977, the manuscript remained with his daughter Kamala (Binkie) for the next 28 years, until it was retrieved and read by Professor Laksiri Jayasuriya who immediately recognized its historical and social value and insisted that it be published. The computerized text was edited for typographical errors by Rohan Pethiyagoda, the personalities in the accompanying photographs were identified by Nihal Seneviratne, and the original manuscript has now been reproduced with editorial amendments by Siri Almeida of Sarasavi Publishers.
Percy Peries and I belonged to the same generation, his mother and my father being cousins. But we were separated in age by nearly 30 years, his contemporaries in that era of large families and spacious homes being his mother’s brother D.S. Jayawickrama Q.C., and my mother’s brother T.S. Fernando Q.C.
I consider it a privilege to have been invited, despite this confusing generational gap, to write the preface to this unique and original contribution to knowledge of the social, political, cultural and constitutional history of twentieth century Ceylon.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
