Opinion
Justice in the Street
Justice in the street is not a given. Dignity, too, through justice, is not where it might be, in the air or on the ground. This comment arises from the article by Tassie Seneviratne (TS) in The Sunday Times 20th Sept 2020 over a person sworn in as an MP, despite a criminal conviction record.
Oath of public office: The swearing in and the oath administered, and witnessed, raise questions as to its validity in law and on its effect on Justice and Dignity of public office. Mainly, the question is the purpose whether it has serious intention of the oath, not reduced to a plain utterance. Even the oath of office, as for justice and dignity ,is now in effect empty. Oath without dignity does not bind. Killing is not a disqualification for public office as legislators. It is contemptible to even think of such disqualification to hold public office in the Police, the Public Service, and the Judiciary. Even a questionable reputation of a remote distant relation of a candidate to public office was unacceptable to hold office. Promotions in public service depended much on the reputation of the aspirant, apart from some conviction. The reason is that their social background was important to swear an oath, in law and in society. It is impossible to think of killers, bribe takers and wastrels, in our public and police service, to pledge their word, since they cannot discharge their functions with such a murky character background. Only the clear could take their oath. With MPP there is little let or hindrance to take oath from unclear social background. Oath of public office is therefore not easily administered.
Oath of public office and the Law. It is even said the oath can be sworn as a ghost may swear. The effect of law on the oath of office is now, perhaps, only little beyond nominal. Legality and morality are also at odds with justice on the streets, as one sees. But sight again is only as one sees. Many have seen it one way and are shocked. To many others as they see, it is business as usual with some profit thrown in, in the while. Legal arguments are a waste of time if the return is good. Moral public concerns are still trying their utmost best, in Parliament and outside, even with less profit and takings. This is however the drama unfolding to hold the public in the pay off.
Many questions yet arise which reflect on administer of the oath and the validity of its attestation. These may be legal issues which may be explained away in various ways; that the words and the action are separate and hardly related to each other. These arguments will soon be forgotten. Where the law which is for justice does not help, one may then look to religion, at least for the reason that the oath is vowed with a religious intonation.
Oath of public office and Religion. Oath is subscribed to solemnly with a religious intonation. Religion too may then lend its claims and enter the fray but, apparently, does not help dignity of office. Many an oath is administered in the cloak of religion that is yet not worth the breath exhaled. Such is also the matter of everyday life experience of oath taking in medicine, in ethics, in many other professions, even law, and now in Parliament. Yet religion is spread through far and wide for other good effect in this country. Somehow religion barely matters to push dignity. Religious preaching is not at a loss, not less, though its effect is doubtful. If religion speaks to promote dignity in public life, the reality in Parliament and outside, may do much to help dignity in public office. The fault is still not with religion, but with those who may use religion otherwise. Public life nonetheless goes on, that even religious places may, perhaps, have uses that serve them better.
Oath of public office with conviction and with previous conviction. Into this void of a legal and religious effect of the oath, comes a social video, just at this time. Bribery and corruption took place there, the video said, before the very eyes of the dignitaries in those identical precincts dedicated to law and justice. In another sense, the market place has come into Hulftsdorf with transactions in and around the very pillars of justice. They were all involved, leaving no exception. They all are those who had subscribed to a solemn oath for justice and dignity with conviction, with no previous conviction. For every turn then of the administration in the law offices, taking extracts, moving files, and in the myriad interactions among these who alone are admitted to these premises, the exchanges are transactions, the video said. These are reduced to commodities for exchange at a price. The video says this clear and loud in the presence of police and other dignitaries who held a stoic face.
Oath of public office in the market. A market place, as described, in these hallowed precincts, is therefore yet another exercise to deal with. A form of market society has perhaps taken hold where much is up for buy and sale exchange, notwithstanding oath of public office. This scene in the area of the halls of justice, around the pillars of justice, is not easily countenanced with. The wigs, the robes, the pinstripes, the khaki, the flowing white banian, the variety, they did not cover that within. And all this is but some distance away from the Pettah market. Many would shoot the messenger who brought it to the public eye, the video compeer, as the only means they can think of to contend with reality.
Sworn to public office. Law does not help. Religion probably has other purposes. Can the public service, the public office, then steer through this morass? That has been the recurring problem diagnosed variously as problems of life; of a structural, of a systemic nature, of that between those in the public service and those who consider themselves beyond those niceties, the MPP, none of them resolved.
The public service, the police and many others, have therefore only to depend on themselves, as best or otherwise as they may. The issue with them still remains one of Justice, Public good and Morality. Dignity of public office goes with it. With it, dignity governs the conduct of public officers. This is the continuing problem for Public officers who occupy public office. Public servants have even to discharge their duties in courts where his duty makes a high call on his dignity. As a witness in court, the public servant’s dignity comes to the fore in the reception of his evidence. The public servant’s dignity then stands on its own. MPP have their speeches in Parliament untested in any manner. They are delivered with some narcissi glee and glow.
MPP as Legislators hardly consider themselves to thus hold public office. Such constraints and niceties do not stay them. Inappropriate dress offends MPP dignity. Conviction for murder does not offend MPP sense of dignity. So there is confusion along the way, when dignity is, when dignity is not. The confusion is quite useful to some that there is space for manoeuvre to confuse many, of the validity of the oath, of their attire and much else, against dignity of public office. For much flows from dignity than from law and religion, and much else, now shows. Dignity of public office yet stands though it can be bulldozed away as one incident showed. The mangrove incident at Negombo showed the clash of the two interests and of the dignity of their respective offices. The dignity and the career of the public officer with the mangrove were razed away. The politician got his promotion.
Bribery and corruption are collectively the malady in the absence of justice and dignity. Waste and defalcation all follow in its train. In fact a series of other forms of misdemeanour have been vindicated in the political life of many in Parliament. None of the MPP stood up to protest their innocence or be exposed, when so challenged in Parliament. Dignity can wait the MPP said. But none of this rubbed on the body of the legislator. In Parliament all is different. Questionable conduct is even a proud distinction; it is a qualification. This apparently is the reason that none of the MPP who were dared to, did stand up and risk their conduct being exposed in Parliament. They only kept their seats wearing only a sheepish grin in contempt of the accusers. Speeches in Parliament are not restrained by oath or fraught by problematic social background, MPP are spared quandary.
Oath of public office then and now. Could an article, as this, have been written 50, 40, 30 years ago, then? Politicians, Judges, Lawyers, Police and Prison Commissioners, University dons, Election Commissioner (singular) Public servants, then, all were of repute and dignity. Do names need to be mentioned? What then and whence was the difference? Many reasons, now, are ascribed for the breakdown. The replacement of social values by market values in about 2008/09 with the financial crisis is given as the breaking point. That breakdown was ,however, coming, in slow change, before the crisis. Social institutions, political and religious organisations, law associations and traditions and much else, none excepted, were caught in the throes of this silent revolution. Money now mattered. None are clear. This opinion cannot be dismissed.
A matter of regret, then, is that much that is awry including law and order can be accounted so for this collapse. The dysfunction of law and order process has quite well set in now. Much of the malfunction though freely termed ‘laws delay’ is now, as in a market society, described even as a way of life! If one applies this same analysis around that is equally applicable to all.
Justice and dignity are yet in the street, not in the Hall.
Frank de Silva
Narahenpita.
It was just over one month ago that Gnana Moonesinghe departed from this world after having lived a very fruitful life on this earth. It was indeed a privilege that Mallika and I came to know Gnana after we moved into Havelock City. During that short period, we became very close friends, along with another mutual friend of ours, Dr. Disampathy Subesinghe, who, too, was living in the same Tower after having come from the United Kingdom. Unfortunately, Dr. Subesinghe pre-deceased Gnana.
Gnana was a graduate of the University of Ceylon, Peradeniya having been at Peradeniya during the halcyon days of that University.
She tied the nuptial knot with Mangala Moonesinghe who was a very respected politician and who served as our High Commissioner in London and New Delhi. She was an exceptional hostess while being the wife of the High Commissioner. It was a very interesting coincidence that our second son, Anuke, had won a trip to New Delhi having won an All-Island essay competition about India while still a schoolboy. The team had met the High Commissioner and Gnana when they attended a reception hosted at the High Commission, where Gnana had been an exceptional hostess to the young boys.
Gnana was a member of many organisations and played an important role in all of them. In addition to these activities, she contributed to newspapers on varied subjects, especially relating to good governance and reconciliation. She was a keen player of scrabble and rummy with her friends and of course entertaining them to a meal if played at her home.
It was while in New Delhi that Gnana wrote and published a book titled “Thus have I heard…”in the year 2009 and she presented a copy to me). This book gives lucid descriptions of the Buddhist teachings of the Buddha and the places of interest in India with historical descriptions of what transpired in each place.
Gnana had brought up a very good daughter Avanthi and a son Sanath. She doted on her grandchildren and in turn they loved her. It was Avanthi and her husband, Murtaza who looked after Gnana during the last stages of her life.
We will miss Gana’s hospitality, soft spoken conversations, and the love that she used to emanate towards her friends.
HM NISSANKA WARAKAULLE
The current government’s spectacular electoral success, was in essence a clear rejection of the chaos, incompetence and corruption, that were hallmarks of the traditional parties that have exercised dominant electoral power since Independence in 1948.
The remarkably successful Aragalaya was an emphatic rejection of the ‘old’ parties and hopes of a refreshingly enlightened “System Change”. This was the unspoken reliance on the NPP, (a lightly disguised JVP).
The unsavoury history of the unimaginable and intolerable violence of the JVP, matched by an equally cruel retaliation by Government forces, thankfully faded out around the last decade of the 20th century, is still a feared eventuality, in the memories of those who experienced the nightmare. Maybe, most of the currently active youth, had not even been born at the time. But the fear lingers. It is not unusual that the current NPP leadership, is none too eager to remember that period of history, nor to market this ancestry.
The shift into oblivion of the LSSP, is perhaps a signal that the era of sloganeering and “catch phrases of Marxist verbiage” as electoral currency, is now past.
One hopes that a home-grown model, based on the rugged strengths of rural society, is much more marketable, and representative of the Swabasha nourished, youth leadership. The leader in this transformation, AKD stamps his class with remarkably effective oratorical skills. The ready recall of incidents and instances, to follow logical trends of thought, and the ease with which he changes style and substance, to suit his varied audiences, is simply brilliant. This, with not a note (or prompt) in support, nor an hour to craft his fresh delivery to a new audience. The massive crowds that attended the pre-election rallies, seem to have morphed significantly into votes. The 150-odd seats secured, would have surprised even the most committed supporters. However, can they “walk the talk” of electoral rhetoric?
It also seems that even the few of the Old Guard, possibly crippled by left wing ideology, have taken on a new stance, with emphasis on existing local reality.
The hopes of a majority, enthused by the change of attitudes, professionalism and integrity of the new dispensation, will endure and thrive. The early signs are positive, but this leopard may well change its spots.
The claim that the promised changes, especially of seizure of the proceeds of crime and lawful punishment of fraudsters, is demonstrably slow. There must however be much discomfort among these rogues, that the handcuffs to adorn their wrists, may not be too far away. The President assures the people that the seeming delay, was to allow irrefutable and water-tight evidence to be assembled for successful prosecution, and to eliminate the all too frequent instances where the accused are acquitted and released.
It is increasingly evident that the roots of criminality run deep and far, and even the institutions designed to aid in successful probes, can be compromised by massive enticements, which would be easily accommodated, within the sheer size of the sums involved.
The trails may be clear to the optimistic, but the craftiness of seasoned rogues ensures that although the truth will eventually prevail, it may be a very deep dig. If the lack of “legal provision” is a real impediment, the present parliamentary majority should facilitate speedy correction. However, in many instances, it seems apparent that it is not the lack of laws, but the tardiness in acting where sufficient laws already exist is the problem.
To return to the matter of lying or otherwise distorting reality, there seems to be a kind of permissible and generous threshold, beneath which unreal extravagance can be concealed. If conscience overrides mere legality, and zero tolerance of fraud prevails, there will be public aversion towards any departures from common decency and rectitude.
Credit will be its reward, for the “Clean Sri Lanka” initiative if it goes beyond mere elimination of environmental pollutants and encompasses restoration of moral and ethical standards as well.
But, are we not presently guilty of a shallow pretense of religiosity, when our Constitution urges (or permits), the creation of Ministries of Buddhism and those charged with the “protection” of Christian, Muslim or Hindu affairs? This is hypocrisy of a high order especially in a country, wedded to concepts of equality, compassion and fairness in a pluralistic community. It is infinitely easier to preserve unity in a mixed populace, than to repair a fractured one. As one of our political leaders asserted, in a different context, “We have scrambled the egg and invite any to try “unscrambling it”.
As the late D. M. Jayaratne, as PM, as well as Minister of Buddha Sasana, saw no qualms about declaring that “Only idiots would believe Election manifestos, when their intent was merely to deceive voters into voting for them”. One has to trust that this still prevails. We remain undaunted, in a country that prides itself in a religiosity cemented within a constitution which permits such divisive content.
Dr Upatissa Pethiyagoda
by Sudharman Siripala
Sri Lanka is grappling with the increasing threat of climate change, which has led to unpredictable weather patterns. The country faces a dangerous combination of flooding in some regions and water shortages in others, a situation exacerbated by shifting rainfall patterns. Rivers originating in the Central Hills, such as the Mahaweli, Kalu, and Kelani, flow through much of the country, but these water sources are not being distributed evenly. Districts like Monaragala and Hambantota, located in the dry zone, are experiencing severe water shortages. To address this challenge, experts suggest the development of an interconnected river system to harness excess water during floods and redirect it to drier areas, ensuring a year-round water supply for agriculture and daily use.
Global Case Studies in River Management
Several countries facing similar water-related challenges have implemented successful water management systems that Sri Lanka could adapt to its unique circumstances:
The Netherlands – Room for the River Programme
The Netherlands, a country prone to flooding, widened its rivers and relocated dikes to create floodplains. This approach allows rivers to overflow without damaging urban areas, while preserving water flow and natural habitats. Sri Lanka could apply this concept by designating specific riverbank areas for temporary flood storage.
China – South-North Water Transfer Project
China’s massive project channels excess water from the flood-prone Yangtze River to drier northern regions. This system of canals and reservoirs could inspire Sri Lanka to divert water from rivers in the Central Hills to drier areas in the south and east.
Bangladesh – River Interlinking Projects
Bangladesh has implemented river interlinking projects to redistribute water from flood-prone rivers, such as the Brahmaputra, to drier regions. Sri Lanka could link its major rivers like the Mahaweli and Kelani to smaller rivers in water-scarce districts to balance water distribution.
India – National River Linking Project
India’s National River Linking Project connects major rivers to manage both floods and droughts. Sri Lanka could use similar strategies, connecting rivers around the 500-foot contour line in the Central Hills to help distribute water more effectively.
United States – Mississippi River and Tributaries Project
The Mississippi River system combines levees, floodways, and diversion channels to manage flooding. Sri Lanka could adopt similar flood-control measures in vulnerable river basins such as the Kelani and Kalu.
Japan – Underground Reservoirs and Flood Channels
Japan’s G-Cans Project in Tokyo channels excess water into underground reservoirs to prevent urban flooding. A similar underground system could be implemented in Colombo and other flood-prone cities in Sri Lanka.
Singapore – Marina Barrage
Singapore’s Marina Barrage serves as both a flood control measure and a water supply resource. Sri Lanka could develop similar systems to control flooding in urban areas and ensure water availability during dry spells.
Thailand – Chao Phraya River Basin Management
Thailand uses diversion channels in the Chao Phraya River Basin to prevent flooding in Bangkok and direct water to agricultural areas. Sri Lanka could replicate this by creating diversion channels to supply water to its agricultural zones.
Actionable Solutions for Sri Lanka
Develop an Interconnected River System
Establish water diversion channels along the 300-500 meter contour lines of the Central Hills to capture excess rainfall during floods and redirect it to drier areas.
Build Reservoirs and Storage Tanks
Construct reservoirs to store diverted water, ensuring a steady supply for agriculture and domestic use. Sri Lanka has around 14,000 ancient tanks out of 30,000 that could be revitalized for this purpose.
Improve Urban Flood Defenses
Drawing inspiration from Japan and Singapore, build underground reservoirs and flood channels in cities like Colombo to mitigate urban flooding.
Strengthen Watershed Management
Restore natural floodplains and create wetlands to absorb excess rainwater, as seen in the Netherlands, helping to reduce flood risks.
Encourage Public-Private Partnerships
Foster collaboration between the public and private sectors to fund large-scale water management infrastructure, leveraging models from China and the United States.
Leverage Technology
Utilise modern forecasting and real-time water management systems, similar to those in Bangladesh and Thailand, to monitor water levels and manage river flows dynamically.
International Collaboration
Form partnerships with countries that have successfully implemented flood control and water management systems to share expertise and technology.
Sri Lanka’s dual challenges of flooding and water scarcity, compounded by climate change, require immediate action. By developing an interconnected river system and learning from successful global water management models, Sri Lanka can mitigate the effects of floods while ensuring a sustainable water supply for agriculture and daily life. It is crucial for the country to act now, as these solutions have the potential to transform Sri Lanka’s water management system for the better.
Sudharman Siripala Managing Director of Geoinformatics Group and a Registered Licensed Surveyor, specializes in geo-spatial applications. He also serves as a freelance value chain consultant for Vivonta Green Tech Consultants (www.vivonta.lk)
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