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Fixing cockpit off nation right is need of the hour

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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?

 



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Features

Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber

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“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “

According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.

Sri Lanka’s Absence from Section 301 Consultations

But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.

In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.

As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .

Awakening from Diplomatic Slumber and AKD’s Gazette

Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.

As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?

Challenges ahead

“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.

With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.

So, this is definitely not the time to slumber.

(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira ✍️

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Tales of Mystery and Suspense 10 Casino for Sale

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After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.

I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.

This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could  not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.

Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.

Caryl and Simon

The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.

But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.

Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.

Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.

Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.

Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.

When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.

Again, lots of excitement, and entertaining references  – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.

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The challenge of being positive about SAARC

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The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

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