Features
Fixing cockpit off nation right is need of the hour
By Lacille de Silva
Our constitution is a written instrument of the state. It embodies the fundamental principles and laws that determine the powers and duties of the government. It guarantees specific rights, privileges of the citizens. It lays down the role of the Executive President, the executive government and the composition of the legislature. It also defines how the Provincial Councils share power and the functions of the judiciary, including the nine independent commissions.
The fundamental characteristic of a constitutional government is the rule of law. The Constitution is considered to be the supreme law of the land. It outlines the make-up of government and spells out the powers, authority and the duties of government. It also spells out the distribution of power among the executive, legislative and judicial branches of government.
J.R. Jayewardene, the architect of the present Constitution, said, “I can do anything except make man a woman or a woman a man”. After four decades, having promulgated the 2nd Republican Constitution, the Constitution is simply a bundle of papers of little value for the politicians in our country. As electors, we only have to elect Presidents, Parliament, Provincial Councils and local government bodies at an exorbitant cost.
Ours is the oldest democracy in Asia, having achieved universal franchise in 1931. We became one of the first countries to hold elections, in Asia, to run a constitutional government. A Cabinet of Ministers, made up of members of the Parliament, which is answerable to the Parliament, had also been established under the Donoughmore Constitution.
The Cabinet is an important element of the government. It is usually made up of the senior members of the ruling party. It is the highest decision-making body that approves policies with collective responsibility. After decisions are accordingly approved, by the Cabinet, every single member is required to stand by the decisions, without any reservation.
Ministers are required to achieve coherent long term policies, plans and procedures. The Cabinet is chaired by the President. Constitutionally, the Cabinet cannot exceed 30 Ministers at present. Their powers derive from Parliament through the Constitution and other laws. All such powers are subject to limits and constraints. Abuse of such powers could be challenged in courts. Ministers are allowed to spend public money, only for the purpose authorised by Parliament.
The Westminster system requires that the ministers are chosen only if they have the capacity, ability, expertise, knowledge, including the skills, to give directions to run the government machinery.
Ministers are also expected to carry out their duties in such a way that they uphold the highest standards of propriety, while ensuring that no conflict of interest would arise between their official functions and their private interests. They are also required to abide by all laws and have a duty to be accountable and answerable to Parliament for the policies, decisions and actions taken in their Ministries and all departments and other institutions coming under them.
It is also necessary to ensure ‘individual responsibility’, which implies that each minister is individually responsible and answerable for lapses, departures from policies and procedures in all the institutions under the purview of the relevant minister. In New Zealand, Health Minister David Clark, under similar circumstances, during the coronavirus pandemic, resigned from his portfolio.
The ministers are expected to accept responsibility for any failure in administration. Ministerial responsibility specifies, under the constitutional doctrine of responsible government, that they are totally answerable to the Parliament. It must be emphasized that there are both legal and conventional obligations attached to the performance of ministers. It is also the practice to give accurate and truthful information to the Parliament. Making a deliberate untruth is considered a contempt of Parliament. Ministers who deliberately mislead Parliament are expected to resign from their Cabinet portfolio.
If in case, a minister does not agree to abide by collective decisions, it is a tradition that the relevant minister tenders resignation from the Cabinet. All ministers are, therefore, required to carry out their duties, based on the guiding principles of integrity, honesty, objectivity, and impartiality with a long term vision for the betterment of the citizens.
In Sri Lanka, when the ministers who had acted contrary to the public trust had subsequently been given appointments again without being dealt with by the law. Ministers in the UK are not allowed to accept any gifts or hospitality which could compromise their judgement or which could place them under an improper obligation. There are also specific guidelines issued that they should not use government resources, too, for political purposes in their political campaigns.
Boris Johnson, Prime Minister of the UK, in a letter addressed to his Cabinet colleagues, having enclosed a MINISTERIAL CODE, has stated, “We will make our country the greatest place to invest or set up business, the greatest place to send your kids to school, and greatest place in the world to live and bring up a family. To fulfil this mission… we must uphold the highest standards of propriety…. Time has come to act, to take decisions, and to give strong leadership to change this country for the better”.
In Sri Lanka, politicians think lying and dishonesty work. It is a tragedy that they have lied for decades to gain power. It is integrity which is the most valuable and respected quality of leadership. We need honest hardworking leaders in our Cabinet. Because it is a global phenomena that a Cabinet of Ministers is essentially a small one in size. We need Cabinet Ministers who can produce more leaders. Such leaders should help those who are doing poorly to do well and to help those who are doing well to do even better. Such a Cabinet could enable better policy outcomes and efficient and effective decision making. It is the ‘cockpit of the nation’. We need that fixed very well.
In Sri Lankan context, these considerations have been disregarded. All we need is a change of direction. We need a serious change in our thought process. That is the required paradigm shift at this juncture. Ministers are expected to uphold political impartiality and neutrality and allow public servants to act in the best interest of the citizens in accordance with the Constitution and other laws.
Nevertheless, our political leaders have always catered to the demands of self-centred politicians. They hold onto power and leadership greedily while enjoying the privileges and rewards of a leadership role without meaningful involvement with their juniors. They are only keen to make the best use of the organization without putting value in. As such, they practice a leadership style where the leader allows the group members to take decisions. Researchers have proved that this leadership style leads to the lowest productivity among such group members.
We have similar political leaders in our country in abundance. They do not follow the norms practiced globally in the best interest of the citizens. After being elected, they totally forget that they had been elected based on party manifestos they had presented. They do not take the trouble to run a legitimate government. The role of junior party members is also such that they do not support their elected leader to implement the manifesto presented to people.
Such political party leaders do not insist that the government Ministers must attend Parliament, particularly at the question time, to answer questions without fail. It is also vital to keep the Parliament always informed of any important decisions they have taken in the Government. Constitutionally, Government is required to seek Parliamentary approval for all executive actions.
The government is answerable to the Parliament and through it to the electors. In this lies the distinctiveness of the Westminster model – the interrelation of the executive government and the Parliament. It is the essence of what in Westminster terms is called ‘parliamentary government’.
It is noteworthy, that the Civil Service, established by the colonial rulers, were able to perform their duties satisfactorily. The best proof for the purpose is Bradman Weerakoon, M. D. D. Peries had served as Secretaries to different Prime Ministers. They were competent to meet the heavy demands of their political leaders.
There had been several others who had served as Permanent Secretaries under different governments. They too had won the confidence of the Ministers in the past though the duties of the then Civil servants have been immensely numerous. They, too, had to assist various Ministers in different governments to perform their parliamentary duties.
They assist in preparation of necessary legislation. They also assist the relevant ministers during its passage through Parliament. They produce briefs, drafts rules, regulations to strengthen accountability and constitutionality to run legitimate governance. All these need a thorough knowledge of the subject matter and practical judgement.
Top public Servants, in the past, were afforded with the opportunity to rise up and develop the necessary skills as they go up the ladder. They were therefore equipped to handle political, economic, social, scientific and technical problems with competence at the time. They were fully well aware of the needs, aspirations and even in regard to the developments overseas. They were able to keep up with the rapid growth of new knowledge and had acquired the necessary skills etc to apply them in their day to day work.
The public service was not a place for the amateur. It was staffed by men and women who were truly professional. What went wrong? Since the promulgation of the 1978 Constitution, appointments of Secretaries to Ministries have been assigned to the President under Article 52. The appointments, transfers, disciplinary control of other top public officers have been entrusted to the Cabinet of Ministers under Article 55. The whole public service has therefore become totally politicised.
Being professional means two fundamental attributes, which in my view are extremely important in varying combinations to be a good public servant. One is being suitably skilled to perform his/her job, which usually is acquired with sustained experience and good training. The other is the possession of the necessary knowledge and the familiarity and the scrupulousness with the particular subject.
The work of government demands these qualities from the elected representatives and also from all types of appointed employees at all levels and in every public institution in the entire Island. Sadly, this kind of professionalism is presently not found in the public service in most places at different levels.
However, it must be placed on record that in certain sectors such as medical, academic and other fields we have plenty of them, who have acquired specific qualifications and skills in the relevant fields. It is unfortunate that such valuable professionals too due to political instability, poor quality of life, lack of economic and other benefits leave Sri Lanka in search of greener pastures, where they have greater opportunities.
Owing to political appointments, there are obstacles in all areas where they cannot reach the top without political support which should be removed. Steps should be taken to empower men and women with wide experience, ability and necessary qualifications in running the government machinery to become the fully professional advisers of Ministers and other elected officials.
Recruitment to the public service should be totally independent. Reports published the world over had condemned nepotism, the incompetence and other similar defects in the Public Service. We have experienced excessive politicization of the public service.
We now understand that the role of public service and the goals of a government have changed. The government is now compelled to take on vast new responsibilities. It is expected to achieve such general economic aims such as creation of employment opportunities, a satisfactory rate of growth, stable food prices including a healthy balance of payments. If it is a government genuinely concerned about fullest possible development of human potential, all that involves a massive increase in public expenditure.
We do not handle public expenditure as desired. Extravagant and unnecessary expenditure have not been avoided. Public money has been wastefully invested for corrupt purposes other than public good. All successive governments have failed to keep its budget well-balanced. There had been ever-recurring deficits in the budgets for decades and decades. Shouldn’t we put a stop to all that?
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
