Features
Whither legal profession?
By Dr. Justice Chandradasa Nanayakkara
The recent judgment of the Supreme Court disenrolling attorney at law Nagananda Kodituwakku from legal practice for professional misconduct should prompt us to take a realistic and dispassionate look at the whole legal profession in this country.
Professional conduct is a fundamental prerequisite in any profession. Every profession has time-honoured ethical values and practices that its members are expected to observe in conducting their professional tasks and duties. These fundamental values and practices have been handed down from generation to generation. They are considered to be of fundamental importance and enduring value in any profession. The primary object of ethics in a profession is to, maintain the dignity and integrity of the profession. They also go a long way towards building trust and credibility with clients, colleagues, and the wider community.
Ethics in simple terms are the moral principles and standards that guide the behaviour and conduct of the professionals in their chosen fields. Today, we live in a time when the core values of every profession are being openly violated and treated with scant regard. The decline in professional values and professionalism has seeped into nearly every profession so much that no profession can boast of having maintained an untarnished professional reputation. This has resulted in the whole climate of opinion becoming hostile to many professions.
Professional ethics is particularly important in fields such as law medicine, engineering, and accounting. where professional conduct has a significant impact on the lives of individuals and society as a whole. Failure to adhere to ethical standards in these fields is bound to result in serious consequences, including loss of life, property, and financial loss.
In the legal profession, just as in other renowned professions adherence to ethical principles becomes very significant as every action, word, and decision professionals make has profound implications for society. As such it is crucial for lawyers to adhere to a strict code of ethics ensuring that they act with utmost honesty, integrity, and dedication.
The legal profession is one of the traditional professions characterised by certain features. Firstly, it is presumed that its members have specialised knowledge and a set of skills that are not generally available to a person who does not belong to that profession. Secondly, society accords special privileges to the legal profession because it thinks that lawyers would utilise their specialised knowledge in the best interests of their clients.
The word profession suggests a certain stature and prestige. The legal profession has been considered honourable and noble for centuries. It occupies a unique and responsible position in all civilised societies.
The legal profession has a long, distinguished, and eminent place in the history of this country. For many centuries’ lawyers have stood at the center of society and have played an important role in society. Not only in Sri Lanka but worldwide there is a high proportion of heads of state, ministers, and high officials drawn from the ranks of the legal profession. Leading the country in the right direction has fallen to the task of lawyers and it is generally the lawyers who have given leadership in our country more than any other. The future of a democratic state largely depends on the leadership provided by the legal profession.
There were eminent and patriotic lawyers in the past who fought indefatigably for the independence of this country. It is the lawyers who preserve inviolate the sacred fundamental and constitutional rights of the people enshrined in the Constitution whenever there are incursions into those rights. Lawyers have also fought valiantly to create a more equitable and just society in a period of crisis. Occasions have been many when lawyers fought for justice and equality. Therefore, there are ample reasons for the legal fraternity to be proud of its rich and glorious past.
Therefore, it is up to the present members of the profession look to the past and draw inspiration from the forebearers of the profession and keep the prestige of the profession inviolate.
Regrettably, today people witness a marked deterioration in the standard of the legal profession and the practice of law has now become a business in this country. It is important to remember that the legal profession is not a business or trade but a profession. A lawyer is expected to maintain a standard of conduct above that of a businessman.
As Thomas Shaffer, an American and most prolific author once declared. People become lawyers for many reasons. For some it is money: for some, it is the thrill of competition and desire for success: for others, it is the status that comes with it. At one time legal profession was ranked as the lowest among the professions and was considered one the most despised and hated professions in the US. It commanded little respect in their estimation. The President of the New York State Bar Association referring to the United States legal profession declared “Greed and avarice seem to permeate every facet of life in this country and practice of law too, is, not exempt.” It is no exaggeration to say that this applies equally to our legal profession. The legal profession has indeed moved away from long-established traditions and cannons of professional ethics.
In Sri Lanka, the practice of law by direct solicitation is prohibited in law. Nevertheless, how this prohibition is openly flouted with impunity by some unscrupulous lawyers can be seen if a person walks into some of the Magistrate’s Courts in the country. He will be able to see for himself how touts and other intermediaries hang around in the precincts of the courts to persuade prospective litigants to retain particular lawyers regardless of their capabilities. Such direct solicitation is bound to degrade the legal practice into a graft and destroy the confidence and respect of the community in the profession as a whole.
Some lawyers lack boundaries when stooping to low conduct, as they go to the extent of standing outside the courthouses with business cards in their hands offering their services to litigants. It is a disgusting practice degrading the whole profession, as a lawyer is not expected to solicit business or advertise either directly or indirectly.
People are appalled by the shame and disgrace to the profession and the legal profession has suffered tremendous damage to its image by the conduct of a few unscrupulous lawyers.
Moreover, some lawyers depend entirely on the police for their practice. They resort to what is known as police touting for their survival. There are also instances where defence lawyers have attempted to win over the witnesses with the cooperation of prosecuting officers intending to secure acquittals in cases.
Some lawyers are not dignified in their speech. They address the police officers on a friendly basis and address them as machan to obtain cases for them. Even some female lawyers address police officers by their first names and police officers in return address them by their first names. There have been instances when some junior lawyers have been abusive towards the senior members of the bar. It is sad to note that there are thorough misfits in the profession
However, it cannot be denied that there are exemplary practitioners in the legal profession and many lawyers are decent, ethical in their conduct and are hard-working, and maintain a high degree of integrity and commitment.
To uphold the integrity of the legal profession lawyers must be held accountable for breaches of established standards of professional conduct. It is of paramount importance that complaints against lawyers for misconduct in their professional capacity should be investigated expeditiously and appropriately dealt with if they are found wanting in their professional duties.
Although, much has been written and spoken on the deteriorating standards but nothing substantial seems to have been done to arrest the declining trend by the authorities whose responsibility it is to regulate the profession in the country.
The Bar Association as the governing body that represents the profession should have full control and powers of discipline over its members. However, the Bar Association’s failure to maintain high standards of ethics and professionalism warrants criticism.
It appears that there have been little efforts to arrest professional misconduct and malpractices committed by some black sheep and misfits in the profession. Disciplinary actions by the Bar Association to deal with professional misconduct committed by lawyers are few and far between. One can see an attitude of complacency and resignation in the face of the declining trend. There is a sense of apathy and inertia on the part of the authorities. The continued failure of the Bar Association to ensure that its members maintain high ethical standards in the practice of law has led to the decline in the profession and the corresponding decline in the public esteem of lawyers. As a result of the marked increase in the lawyers misconduct and the failure of the authorities to discipline violators, the standing of the legal profession is at its lowest. Therefore, it behoves the president of the bar association to take steps to arrest the declining trend in the profession.
The government should also be committed to safeguarding and improving a strong and independent legal profession. However, the legal profession’s independence is not a justification for immunity from public scrutiny. The government has a role to act in the public interest in setting the framework in which the self-regulating legal profession can provide an independent and quality legal service to the public.
I have adverted to some of these unpalatable truths that bring discredit and dishonour to the entire profession in one of my previous articles.
It is important to remember that the nobility of the legal profession lasts only so long as its members maintain their commitment to integrity and service to the community. The honour and nobility come to the profession through the conduct and behaviour of its members. Therefore, it is the duty of a person practicing law to maintain probity and a high standard of professional ethics and morality.
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 . )
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