An Executive President On Fast-Track With Public Servants Limping Behind

by Dr. Dayanath Jayasuriya P. C.

When the Institute of Fundamental Studies was set up in Kandy in the 1980s, its second Chairman Professor Cyril Ponnamperuma invited me to visit him to discuss possible social science projects. He said that he wanted to revamp the ‘ARs and FRs’- a legacy of administrative and financial regulations left behind by the British colonial rulers. But he had been advised that the ‘JRs’ should also be included- an obvious reference to the verbal instructions of the then President J. R. Jayewardene who spearheaded the liberalization programme and paved the way for foreign direct investments. One may now have to add ‘GRs’ as well since the current President had quite rightly remarked that his verbal orders on urgent matters must be promptly implemented.

When Dr. Sarath Amungama, a former civil servant of distinction, was in charge of Public Administration as the Minister he wanted the officials to revisit these rules but I believe the response was lukewarm.

During my almost 10-year stint in the Attorney-General’s Department, it was quite a familiar sight for us to see public officials coming to the Department for consultations armed with copies of ARs and the FRs to defend their actions challenged by aggrieved citizens in courts by way of writ jurisdiction, violation of fundamental rights or civil action for damages. Invariably, they found some bizarre clause in the ARs and/or the FRs which had a remote bearing to defend their actions. Needless to state, most courts took a more liberal view rather than relying on anachronistic and arbitrary rules and upheld principles of fairness and natural justice.

Anyone who has had the misfortune to deal with government ministries, departments and agencies would have almost invariably encountered ‘masters of procrastination’. Letters sent under registered post were never received; the files cannot be located; the officer concerned is on long-leave; awaiting a response from another officer or department- these are some of the excuses often given. Subsequent visits will hopefully see some movement but yet not sufficient to conclude the matter.

A few weeks ago, addressing a group of aggrieved villagers, President Gotabaya Rajapakse stated (and this was covered by several T.V. channels) that if people have waited for so long to get a reply or relief, why not send a letter stating that unless a reply is received to the contrary within 15 days you will assume that your request is in order or has been granted? This, of course, is a salutary development which should be brought to the attention of public servants by entrenching the decision in the ARs/FRs/JRs/GRs collection.

Over the years, numerous research studies have been done to focus on the dysfunctional nature of certain ministries, departments, services and agencies. Computerization has been a useful innovation but delays in feeding information and not making meaningful use of data can defeat the purpose. There are other recommendations which would have been implemented on a piece-meal or on ad hoc basis but with few exceptions, if any, the overall the efficiency of the public service does not appear to have significantly improved.

A priority for the new regime is to ensure that election pledges have to be honoured. To compound the unemployment situation caused by the COVID-19 lockdown, large numbers of Sri Lankan workers have returned to the island giving up their overseas jobs. Most are unlikely to return to certain Middle-Eastern countries. The country would have to develop urgently a human resources utilization plan, without unnecessarily overburdening a public service which is already over-staffed but not over-stretched in terms of the volume of work. Alternative employment paths would have to be created in tandem with the private sector.

Uplifting the quality of life is not a mere moral obligation but is increasingly gaining currency as a legal obligation. In an earlier article, I proposed that micro-level needs assessments should be done to identify unmet needs and bottle-necks in each rural area coming under the purview of a grama seva niladhari and again working in tandem with the private sector address priority issues. Living conditions in rural areas including in plantations, continue to be appalling. The country has missed many opportunities during the post-independent period to address even fundamental basic needs.

The rationale for the speedy adoption of the 20th amendment was to enable a full-fledged Executive President to implement policies unimpeded by constraints. Taking a cue from the Donoughmore system of government which sought to promote participatory democracy – and much of the developmental activities were smoothly implemented in the 1930s through the 1940s – the Government must enlist the support of politicians of every conviction. At least until significant improvements in the quality of life are achieved, a people-centred rather than a party politics-centred ethos must prevail.

The public servants cannot afford to adopt a tick-box technical approach and must move towards adopting a more holistic view of enabling stakeholders to achieve their needs. A zero-corruption free work ethic is what is lacking in many developing countries and Sri Lanka is no exception. Changing the attitudes and working styles of public servants is not an easy task. The momentum gained with the enactment of the 1978 Presidential system was lost after a few years but now with the resurrection of an Executive Style of Government, public servants must learn to gather speed for the rapid implementation of new policies and programmes. Adapting the answer to Ernest Hemingway’s For Whom the Bell Tolls, undoubtedly it tolls for all of us.a