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Order in the court

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An important judicial personage was to be the Chief Guest at a prize giving of a leading school in Galle. And he prepared a six-page speech and getting his stenographer to make several copies of it, there was no photocopying at the time, he distributed them to the pressmen present saying, “You reporter fellows always distort, misreport or under-report speeches made by important people on important occasions like this. So I want to make sure that a complete report of my speech is published in your various newspapers.”

These tactless and ill-advised remarks got the goat of the local correspondent who decided to cut the Chief Guest down to size. Two or three days later the proceedings of the prize giving were reported in the country’s newspapers. The speeches of the manager of the school, the principal and even the head prefect’s vote of thanks were reported in detail and the report ended with the words; “The Chief Guest Mr. so and so also spoke.”

A.E. Buultjens was once the District Judge of Galle. One day a woman appeared before him charged with obstructing a court officer in the performance of duty. Apparently the officer had gone to evict her from a hut she had built on crown land. When her name was called, the woman walked into the dock accompanied by her two teenaged daughters. They were both blind. “Hamuduruwane,” said the women, “It is true that I obstructed the niladarithuma, but what else could I do? If we are thrown out of our house, my poor blind daughters and I will have no place to live.” Judge Buultjens fined the woman two hundred rupees for the offence. Then putting his hand into his pocket, he fished out two hundred rupee notes, and giving the money to his stenographer, asked him to pay the woman’s fine.

Once an ancient Egyptian Pharaoh paid a visit to a Court, when it was in session. On seeing the king, the judge rose from his seat and saluted the king. It is said that the king promptly dismissed the judge from the post, for failing to preserve the independence of the Judiciary.

A certain lawyer was noted for the vigour of his language and the brusqueness of manner. One day he was arguing an appeal and in so doing provoked the judge to lose his temper.

Then addressing the lawyer the judge said “I can teach you law but I cannot teach you manners.” “Quite so My Lord” shot back the lawyer with heavy sarcasm, “Quite so!”

The judge’s face turned red while those at the Bar suppressed their sniggers with great difficulty.

One day a psychiatrist while giving evidence before a pompous self-opinionated judge said, “Thinking generates electricity.”

“Then there will be lot of electricity around the Bench,” said the judge.

“Yes,” said the cross-examining counsel, “but of a very low voltage.”

During a murder trial a small boy had finished giving evidence. He was followed by his strikingly good-looking mother. The defence counsel asked her, “Are you the mother of the boy who gave evidence just now?” She answered that it was so. Then his next question was “Who is his father?” At this the judge lost his cool and asked the counsel whether all that was relevant to this murder trial as it is a waste of time. The counsel then replied, “I will not go ahead with that question as it seems to embarrass your Lordship.”

One day a lawyer for a defendant, who had the dice very much loaded against him, was nevertheless determined to do his best. As the judge kept interrupting him, the lawyer said that the Chief Justice Sir Anton Bertram’s chamber had a framed motto hung above his table.

The motto was ‘AUDI ALTERAM PARTEM’: Let both sides be heard. Thereafter there were no more interruptions from the Bench.

There was a news item, that a youthful defendant standing trial before a Court in Indonesia, on subversion charges, has objected to be tried by a female judge saying the sight of her sexcities him!

There was this lawyer who believed in introducing a little drama into any case he appeared in.

One day he appeared for a man accused of stabbing another to death. The Judicial Medical Officer had given evidence about the injuries sustained by the deceased, implying that he was standing when he was stabbed. When the lawyer for the defence, this man of drama, stood up to cross-examine the JMO, he threw himself on the floor, face upwards, and asked the JMO whether the deceased could not have been in that position when he was stabbed.

Naturally, the Judge was quite astonished at this rather undiginified exhibition, and rebuked the lawyer mildly. “Mr. Attorney” he said, with a twinkle in his eye, “thank Heavens you did not appear in the previous case. It was a rape case!”

Speaking of rape cases, in one such case, after the jury had returned having reached their verdict, the Foreman of the jury said, “We find the accused guilty, but we recommend mercy as he had committed the act on the spur of the moment.” “Oh?” said the judge coldly. “Will you please tell me on what other spur you expect the act to be done?”

Many years ago, there was this King’s Counsel, who came from a very humble stock but with a deplorable tendency to treat the simple folk with scant courtesy. Once appearing in a murder case, he bullied and browbeated an aged woman from the village where he was born and spent his childhood, but whom pretended not to recognise. “Now tell me witness,” he thundered, “how far were you from the scene of the alleged crime?” “Hamuduruwane, the distance was about the same distance from Babun Signo’s boutique in our village, yours and mine, to the shanty, where your mother used to make hoppers for sale!”

A person who was called upon to serve on the jury begged to be excused. “My Lord,” he told the judge, “My wife is about to conceive!” Suppressing a smile the judge said, “No no what you mean is that your wife is about to deliver! Anyway in either case, I agree that your presence is essential!”

This story is about a rather exuberant Judge, whose sense of justice outran his discretion. A shipping company was being sued for damages by a consignee whose bags of rice had fallen into the water in the process of being unloaded into a barge, when the ship’s tackle had given way. The company that owned the barge disclaimed responsibility on the grounds that liability did not arise until the bags were actually placed in their barge. The shipping company that owned the ship disclaimed liability saying that their responsibility was over the moment the goods left the ship’s tackle. The Judge said angrily: “Both of you are trying to avoid payment of damages to this unfortunate man. He has lost twenty-eight bags of rice. Now, tell me, who is responsible?” “Neither of us,” chorused the two defending counsels. “It was an Act of God.” “Hell of a god,” exclaimed the Judge.

“An IRC who had been convicted several times by the same Judge in the same Court, was produced once more before the Judge. “It is time we checked your career of crime,” the Judge told the old offender severely. “How many times have you been convicted of this same offence before?” “Eight times, your honour,” was the man’s unruffled reply.” “Eight times?” Exclaimed the Judge. “Then this time I shall give you the maximum sentence laid down by the law.” “Maximum?” echoed the prisoner in dismay. “Aw, c’mon, your honour, don’t regular customers get a bit of a discount?”

A witness was giving evidence and it was evident that the fellow was lying. “Isn’t most of what you are saying completely untrue?” snapped the Judge. “M’lord,” said the man, drawing himself up haughtily. “I would have the court know that I have always been wedded to the truth!” “Oh?” said the Judge sarcastically. “And since when have you been a widower?”

As a judge was about to pass sentence on an accused found guilty of burglary, the man cried passionately, “May God strike me dead, your Honour, if I did it!” The Judge waited for a few moments, gazing heavenwards, and then said dryly, “Since Providence has not seen fit to interpose in your case, it is my duty to pronounce the lighter sentence prescribed by law. Six months!”

Many years ago an Englishman was the Panadura Magistrate. He wasn’t exactly bulging with brains, and many a person wondered how he ever became a magistrate. The young Secretary to the Court was getting married and naturally he invited the magistrate to be his attesting witness. On the day of the wedding, the English Magistrate, accompanied by his Interpreter Mudliyar, went to the Bride’s house in his chauffeur-driven car. As they approached the bride’s house, where the wedding was being held, the Magistrate noticed several coloured flags strung across the road. “Good God!” exclaimed the Magistrate, his face turning pale. “Quick turn back! Get away from here as fast as you can!”

The driver did as he was ordered, and as they sped away, the Interpreter Mudliyar turned to the Magistrate in consternation and asked. “What’s wrong sir? Why are we turning back?”

“Did you see that string of coloured flags?” asked the Magistrate mopping his brow. “I served a spell in the Royal Navy before I came to Ceylon, and those flags, strung in that particular order, is a signal that there is plague on board. Mudliyar, somebody in that house is having the plague.

When a 219 Notice is served on a person, he or she has to appear in Court and declare his assets so that they could be seized to satisfy a claim ordered by Court. One day, in the Galle Magistrate’s Court, one such examination, conducted by the counsel for the claimant, went like this:

Counsel: “Your father died recently?”

Respondent: “No.”

Counsel: “Then was it your mother?”

Respondent: “No it was my mother-in-law.”

“Didn’t she gift some thing to you prior to her death?”

“Yes, her daughter.”

“Have you a Savings Bank account?”

“Yes.”

“And how much have you in deposit?”

“Eleven rupees and fourteen cents.”

“The furniture in the house you are occupying is yours?”

“No, I have no furniture”.

“What? Then where do you sleep?”

“On two Sunlight Soap boxes.”

At this stage the notice was discharged and the Court, amidst loud laughter, advised the attorney to seize the assets that had been declared to satisfy his client’s claim!

At the time the age of majority was twenty-one years, an accused was charged with posing as a major while he was actually a minor. His lawyer produced the birth certificate to prove that he was indeed a major a the time of its alleged offence. Holding up the birth certificate the Magistrate told the defence lawyer that, according to it, the accused’s age was twenty years and four months at the time of the offence. “Aha, your honour”, said the defence lawyer blandly, “you are forgetting to take into account the nine months my client spent in his mother’s womb!”

During a murder case the Prosecution led evidence to prove that the dead man was manually strangled. This was contested by the Defence and a doctor was called to give evidence in their support. “Now tell us, doctor,” said the Crown Counsel who was prosecuting, “what are your qualifications?” “I am an MBBS and I have been a Judicial Medical Officer for twelve years. Furthermore I have had six months training in Forensic Medicine under the renowned Dr. Burrows. I have also won a gold medal.”

“For what did you get the gold medal, doctor?”

“Hygiene.”

“Have you got a certificate from Dr. Burrows?”

“No, I’m afraid not.”

“Have you really been a JMO for twelve years?”

“Well actually, I was a Prison Doctor for twelve years and acted on and off for the JMO when he was on leave.”

“Do you know Dr. X. Y. Z. Fernando, an acknowledged expert in Forensic medicine?”

“Yes.”

“How do your qualifications compare with his?”

“I have far greater knowledge and a better brain!”

“In other words, doctor, the only certificates you have are certificates you give yourself?”

No answer. (Needless to say, the defence case collapsed).

 

(To be continued)



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Who Owns the Clock? The Quiet Politics of Time in Sri Lanka

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(This is the 100th column of the Out of the Box series, which began on 6 September, 2023, at the invitation of this newspaper – Ed.)

A new year is an appropriate moment to pause, not for celebration, but to interrogate what our politics, policies, and public institutions have chosen to remember, forget, and repeat. We celebrate the dawn of another brand-new year. But whose calendar defines this moment?

We hang calendars on our walls and carry them in our phones, trusting them to keep our lives in order, meetings, exams, weddings, tax deadlines, pilgrimages. Yet calendars are anything but neutral. They are among humanity’s oldest instruments of power: tools that turn celestial rhythms into social rules and convert culture into governance. In Sri Lanka, where multiple traditions of time coexist, the calendar is not just a convenience, it is a contested terrain of identity, authority, and fairness.

Time is never just time

Every calendar expresses a political philosophy. Solar systems prioritise agricultural predictability and administrative stability; lunar systems preserve religious ritual even when seasons drift; lunisolar systems stitch both together, with intercalary months added to keep festivals in season while respecting the moon’s phases. Ancient India and China perfected this balancing act, proving that precision and meaning can coexist. Sri Lanka’s own rhythms, Vesak and Poson, Avurudu in April, Ramadan, Deepavali, sit inside this wider tradition.

What looks “technical” is actually social. A calendar decides when courts sit, when budgets reset, when harvests are planned, when children sit exams, when debts are due, and when communities celebrate. It says who gets to define “normal time,” and whose rhythms must adapt.

The colonial clock still ticks

Like many postcolonial societies, Sri Lanka inherited the Gregorian calendar as the default language of administration. January 1 is our “New Year” for financial statements, annual reports, contracts, fiscal plans, school terms, and parliamentary sittings, an imported date shaped by European liturgical cycles and temperate seasons rather than our monsoons or zodiac transitions. The lived heartbeat of the island, however, is Avurudu: tied to the sun’s movement into Mesha Rāshi, agricultural renewal, and shared rituals of restraint and generosity. The result is a quiet tension: the calendar of governance versus the calendar of lived culture.

This is not mere inconvenience; it is a subtle form of epistemic dominance. The administrative clock frames Gregorian time as “real,” while Sinhala, Tamil, and Islamic calendars are relegated to “cultural” exceptions. That framing shapes everything, from office leave norms to the pace at which development programmes expect communities to “comply”.

When calendars enforce authority

History reminds us that calendar reforms are rarely innocent. Julius Caesar’s reshaping of Rome’s calendar consolidated imperial power. Pope Gregory XIII’s reform aligned Christian ritual with solar accuracy while entrenching ecclesiastical authority. When Britain finally adopted the Gregorian system in 1752, the change erased 11 days and was imposed across its empire; colonial assemblies had little or no say. In that moment, time itself became a technology for governing distant subjects.

Sri Lanka knows this logic. The administrative layers built under colonial rule taught us to treat Gregorian dates as “official” and indigenous rhythms as “traditional.” Our contemporary fiscal deadlines, debt restructurings, even election cycles, now march to that imported drumbeat, often without asking how this timing sits with the island’s ecological and cultural cycles.

Development, deadlines and temporal violence

Modern governance is obsessed with deadlines: quarters, annual budgets, five-year plans, review missions. The assumption is that time is linear, uniform, and compressible. But a farmer in Anuradhapura and a rideshare driver in Colombo do not live in the same temporal reality. Monsoons, harvests, pilgrimage seasons, fasting cycles, school term transitions, these shape when people can comply with policy, pay taxes, attend trainings, or repay loans. When programmes ignore these rhythms, failure is framed as “noncompliance,” when in fact the calendar itself has misread society. This mismatch is a form of temporal violence: harm produced not by bad intentions, but by insensitive timing.

Consider microcredit repayment windows that peak during lean agricultural months, or school examinations scheduled without regard to Avurudu obligations. Disaster relief often runs on the donor’s quarterly clock rather than the community’s recovery pace. In each case, governance time disciplines lived time, and the least powerful bend the most.

Religious time vs administrative time

Sri Lanka’s plural religious landscape intensifies the calendar question. Buddhism, Hinduism, Islam, and Christianity relate to time differently: lunar cycles, solar markers, sacred anniversaries. The state acknowledges these mainly as public holidays, rather than integrating their deeper temporal logic into planning. Vesak is a day off, not a rhythm of reflection and restraint; Ramadan is accommodated as schedule disruption, not as a month that reorganises energy, sleep, and work patterns; Avurudu is celebrated culturally but remains administratively marginal. The hidden assumption is that “real work” happens on the Gregorian clock; culture is decorative. That assumption deserves challenge.

The wisdom in complexity

Precolonial South and East Asian calendars were not confused compromises. They were sophisticated integrations of astronomy, agriculture, and ritual life, adding intercalary months precisely to keep festivals aligned with the seasons, and using lunar mansions (nakshatra) to mark auspicious thresholds. This plural logic admits that societies live on multiple cycles at once. Administrative convenience won with the Gregorian system, but at a cost: months that no longer relate to the moon (even though “month” comes from “moon”), and a yearstart with no intrinsic astronomical significance for our context.

Towards temporal pluralism

The solution is not to abandon the Gregorian calendar. Global coordination, trade, aviation, science, requires shared reference points. But ‘shared’ does not mean uncritical. Sri Lanka can lead by modelling temporal pluralism: a policy posture that recognises different ways of organising time as legitimate, and integrates them thoughtfully into governance.

Why timing is justice

In an age of economic adjustment and climate volatility, time becomes a question of justice: Whose rhythms does the state respect? Whose deadlines dominate? Whose festivals shape planning, and whose are treated as interruptions? The more governance assumes a single, imported tempo, the wider the gap between the citizens and the state. Conversely, when policy listens to local calendars, legitimacy grows, as does efficacy. People comply more when the schedule makes sense in their lives.

Reclaiming time without romanticism

This is not nostalgia. It is a pragmatic recognition that societies live on multiple cycles: ecological, economic, ritual, familial. Good policy stitches these cycles into a workable fabric. Poor policy flattens them into a grid and then blames citizens for falling through the squares.

Sri Lanka’s temporal landscape, Avurudu’s thresholds, lunar fasts, monsoon pulses, exam seasons, budget cycles, is rich, not chaotic. The task before us is translation: making administrative time converse respectfully with cultural time. We don’t need to slow down; we need to sync differently.

The last word

When British subjects woke to find 11 days erased in 1752, they learned that time could be rearranged by distant power. Our lesson, centuries later, is the opposite: time can be rearranged by near power, by a state that chooses to listen.

Calendars shape memory, expectation, discipline, and hope. If Sri Lanka can reimagine the governance of time, without abandoning global coordination, we might recover something profound: a calendar that measures not just hours but meaning. That would be a reform worthy of our island’s wisdom.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Medicinal drugs for Sri Lanka:The science of safety beyond rhetoric

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The recent wave of pharmaceutical tragedies in Sri Lanka, as well as some others that have occurred regularly in the past, has exposed a terrifying reality: our medicine cabinets have become a frontline of risk and potential danger. In recent months, the silent sanctuary of Sri Lanka’s healthcare system has been shattered by a series of tragic, preventable deaths. The common denominator in these tragedies has been a failure in the most basic promise of medicine: that it will heal, not harm. This issue is entirely contrary to the immortal writings of the Father of Medicine, Hippocrates of the island of Kos, who wrote, “Primum non nocere,” which translates classically from Latin as “First do no harm.” The question of the safety of medicinal drugs is, at present, a real dilemma for those of us who, by virtue of our vocation, need to use them to help our patients.

For a nation that imports the vast majority of its medicinal drugs, largely from regional hubs like India, Pakistan, and Bangladesh, the promise of healing is only as strong as the laboratory that verifies these very same medicinal drugs. To prevent further problems, and even loss of lives, we must demand a world-class laboratory infrastructure that operates on science, not just sentiment. We desperately need a total overhaul of our pharmaceutical quality assurance architecture.

The detailed anatomy of a national drug testing facility is not merely a government office. It is a high-precision fortress. To meet international standards like ISO/IEC 17025 and World Health Organisation (WHO) Good Practices for Pharmaceutical Quality Control Laboratories, such a high-quality laboratory must be zoned into specialised units, each designed to catch a different type of failure.

*  The Physicochemical Unit: This is where the chemical identity of a drug is confirmed. Using High-Performance Liquid Chromatography (HPLC) and Gas Chromatography-Mass Spectrometry (GC-MS), scientists determine if a “500mg” tablet actually contains 500mg of the active ingredient or if it is filled with useless chalk.

*  The Microbiology Suite: This is the most critical area for preventing “injection deaths.” It requires an ISO Class 5 Cleanroom: sterile environments where air is filtered to remove every microscopic particle. Here, technicians perform Sterility Testing to ensure no bacteria or fungi are present in medicines that have to be injected.

*  The Instrumentation Wing: Modern testing requires Atomic Absorption Spectrometers to detect heavy metal contaminants (like lead or arsenic) and Stability Chambers to see how drugs react to Sri Lanka’s high humidity.

*  The injectable drug contamination is a serious challenge. The most recent fatalities in our hospitals were linked to Intravenous (IV) preparations. When a drug is injected directly into the bloodstream, there is no margin for error. A proper national laboratory must conduct two non-negotiable tests:

*  Bacterial Endotoxin Testing (BET): Even if a drug is “sterile” (all bacteria are dead), the dead bacteria leave behind toxic cell wall products called endotoxins. If injected, these residual compounds cause “Pyrogenic Reactions” with violent fevers, organ failure, and death. A functional lab must use the Limulus Amoebocyte Lysate (LAL) test to detect these toxins at the parts-per-billion level.

*  Particulate Matter Analysis: Using laser obscuration, labs must verify that no microscopic shards of glass or plastic are floating in the vials. These can cause fatal blood clots or embolisms in the lungs.

It is absolutely vital to assess whether the medicine is available in the preparation in the prescribed amounts and whether it is active and is likely to work. This is Bioavailability. Sri Lanka’s heavy reliance on “generic” imports raises a critical question: Is the cheaper version from abroad as effective as the original, more expensive branded formulation? This is determined by Bioavailability (BA) and Bioequivalence (BE) studies.

A drug might have the right chemical formula, but if it does not dissolve properly in the stomach or reach the blood at the right speed, it is therapeutically useless. Bioavailability measures the rate and extent to which the active ingredient is absorbed into the bloodstream. If a cheaper generic drug is not “bioequivalent” to the original brand-named version, the patient is essentially taking a useless placebo. For patients with heart disease or epilepsy, even a 10% difference in bioavailability can lead to treatment failure. A proper national system must include a facility to conduct these studies, ensuring that every generic drug imported is a true “therapeutic equivalent” to the brand-named original.

As far as testing goes, the current testing philosophy is best described as Reactive, rather than Proactive. The current Sri Lankan system is “reactive”: we test a drug only after a patient has already suffered. This is a proven recipe for disaster. To protect the public, we must shift to a Proactive Surveillance Model of testing ALL drugs at many stages of their dispensing.

*  Pre-Marketing Approval: No drug should reach a hospital shelf without “Batch Release” testing. Currently, we often accept the manufacturer’s own certificate of analysis, which is essentially like allowing students to grade their own examination answers.

*  Random Post-Marketing Surveillance (PMS): Regulatory inspectors must have the power to walk into any rural pharmacy or state hospital, pick a box of medicine at random, and send it to the lab. This could even catch “substandard” drugs that may have degraded during shipping or storage in our tropical heat. PMS is the Final Safety Net. Even the best laboratories cannot catch every defect. Post-Marketing Surveillance is the ongoing monitoring of a drug’s safety after it has been released to the public. It clearly is the Gold Standard.

*  Pharmacovigilance: A robust digital system where every “Adverse Drug Reaction” (ADR) is logged in a national database.

*  Signal Detection: An example of this is if three hospitals in different provinces report a slight rash from the same batch of an antibiotic, the system should automatically “flag” that batch for immediate recall before a more severe, unfortunate event takes place.

*  Testing for Contaminants: Beyond the active ingredients, we must test for excipient purity. In some global cases, cheaper “glycerin” used in syrups was contaminated with diethylene glycol, a deadly poison. A modern lab must have the technology to screen for these hidden killers.

When one considers the Human Element, Competence and Integrity, the very best equipment in the world is useless without the human capital to run it. A national lab would need the following:

*  Highly Trained Pharmacologists and Microbiologists and all grades of staff who are compensated well enough to be immune to the “lobbying” of powerful external agencies.

*  Digital Transparency: A database accessible to the public, where any citizen can enter a batch number from their medicine box and see the lab results.

Once a proper system is put in place, we need to assess as to how our facilities measure up against the WHO’s “Model Quality Assurance System.” That will ensure maintenance of internationally recognised standards. The confirmed unfavourable results of any testing procedure, if any, should lead to a very prompt “Blacklist” Initiative, which can be used to legally bar failing manufacturers from future tenders. Such an endeavour would help to keep all drug manufacturers and importers on their toes at all times.

This author believes that this article is based on the premise that the cost of silence by the medical profession would be catastrophic. Quality assurance of medicinal compounds is not an “extra” cost. It is a fundamental right of every Sri Lankan citizen, which is not at all subject to any kind of negotiation. Until our testing facilities match the sophistication of the manufacturers we buy from, we are not just importing medicine; we are importing potential risk.

The promises made by the powers-that-be to “update” the testing laboratories will remain as a rather familiar, unreliable, political theatre until we see a committed budget for mass spectrometry, cleanroom certifications, highly trained and committed staff and a fleet of independent inspectors. Quality control of therapeutic medicines is not a luxury; it is the price to be paid for a portal of entry into a civilised and intensively safe healthcare system. Every time we delay the construction of a comprehensive, proactive testing infrastructure, we are playing a game of Russian Roulette with the lives of our people.

The science is available, and the necessary technology exists. What is missing is the political will to put patient safety as the premier deciding criterion. The time for hollow rhetoric has passed, and the time for a scientifically fortified, transparent, and proactive regulatory mechanism is right now. The good health of all Sri Lankans, as well as even their lives, depend on it.

Dr B. J. C. Perera  

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL) 

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

Joint Editor, Sri Lanka Journal of Child Health

Section Editor, Ceylon Medical Journal

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Rebuilding Sri Lanka Through Inclusive Governance

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Management Committee of the 'Rebuilding Sri Lanka' Fund Appointed with Representatives from the Public and Private Sectors - PMD

In the immediate aftermath of Cyclone Ditwah, the government has moved swiftly to establish a Presidential Task Force for Rebuilding Sri Lanka with a core committee to assess requirements, set priorities, allocate resources and raise and disburse funds. Public reaction, however, has focused on the committee’s problematic composition. All eleven committee members are men, and all non-government seats are held by business personalities with no known expertise in complex national development projects, disaster management and addressing the needs of vulnerable populations. They belong to the top echelon of Sri Lanka’s private sector which has been making extraordinary profits. The government has been urged by civil society groups to reconsider the role and purpose of this task force and reconstitute it to be more representative of the country and its multiple  needs.

 The group of high-powered businessmen initially appointed might greatly help mobilise funds from corporates and international donors, but this group may be ill equipped to determine priorities and oversee disbursement and spending. It would be necessary to separate fundraising, fund oversight and spending prioritisation, given the different capabilities and considerations required for each. International experience in post disaster recovery shows that inclusive and representative structures are more likely to produce outcomes that are equitable, efficient and publicly accepted. Civil society, for instance, brings knowledge rooted in communities, experience in working with vulnerable groups and a capacity to question assumptions that may otherwise go unchallenged.

 A positive and important development is that the government has been responsive to these criticisms and has invited at least one civil society representative to join the Rebuilding Sri Lanka committee. This decision deserves to be taken seriously and responded to positively by civil society which needs to call for more representation rather than a single representative.  Such a demand would reflect an understanding that rebuilding after a national disaster cannot be undertaken by the state and the business community alone. The inclusion of civil society will strengthen transparency and public confidence, particularly at a moment when trust in institutions remains fragile. While one appointment does not in itself ensure inclusive governance, it opens the door to a more participatory approach that needs to be expanded and institutionalised.

Costly Exclusions

 Going  down the road of history, the absence of inclusion in government policymaking has cost the country dearly. The exclusion of others, not of one’s own community or political party, started at the very dawn of Independence in 1948. The Father of the Nation, D S Senanayake, led his government to exclude the Malaiyaha Tamil community by depriving them of their citizenship rights. Eight years later, in 1956, the Oxford educated S W R D Bandaranaike effectively excluded the Tamil speaking people from the government by making Sinhala the sole official language. These early decisions normalised exclusion as a tool of governance rather than accommodation and paved the way for seven decades of political conflict and three decades of internal war.

Exclusion has also taken place virulently on a political party basis. Both of Sri Lanka’s post Independence constitutions were decided on by the government alone. The opposition political parties voted against the new constitutions of 1972 and 1977 because they had been excluded from participating in their design. The proposals they had made were not accepted. The basic law of the country was never forged by consensus. This legacy continues to shape adversarial politics and institutional fragility. The exclusion of other communities and political parties from decision making has led to frequent reversals of government policy. Whether in education or economic regulation or foreign policy, what one government has done the successor government has undone.

 Sri Lanka’s poor performance in securing the foreign investment necessary for rapid economic growth can be attributed to this factor in the main. Policy instability is not simply an economic problem but a political one rooted in narrow ownership of power. In 2022, when the people went on to the streets to protest against the government and caused it to fall, they demanded system change in which their primary focus was corruption, which had reached very high levels both literally and figuratively. The focus on corruption, as being done by the government at present, has two beneficial impacts for the government. The first is that it ensures that a minimum of resources will be wasted so that the maximum may be used for the people’s welfare.

Second Benefit

 The second benefit is that by focusing on the crime of corruption, the government can disable many leaders in the opposition. The more opposition leaders who are behind bars on charges of corruption, the less competition the government faces. Yet these gains do not substitute for the deeper requirement of inclusive governance. The present government seems to have identified corruption as the problem it will emphasise. However, reducing or eliminating corruption by itself is not going to lead to rapid economic development. Corruption is not the sole reason for the absence of economic growth. The most important factor in rapid economic growth is to have government policies that are not reversed every time a new government comes to power.

 For Sri Lanka to make the transition to self-sustaining and rapid economic development, it is necessary that the economic policies followed today are not reversed tomorrow. The best way to ensure continuity of policy is to be inclusive in governance. Instead of excluding those in the opposition, the mainstream opposition in particular needs to be included. In terms of system change, the government has scored high with regard to corruption. There is a general feeling that corruption in the country is much reduced compared to the past. However, with regard to inclusion the government needs to demonstrate more commitment. This was evident in the initial choice of cabinet ministers, who were nearly all men from the majority ethnic community. Important committees it formed, including the Presidential Task Force for a Clean Sri Lanka and the Rebuilding Sri Lanka Task Force, also failed at first to reflect the diversity of the country.

 In a multi ethnic and multi religious society like Sri Lanka, inclusivity is not merely symbolic. It is essential for addressing diverse perspectives and fostering mutual understanding. It is important to have members of the Tamil, Muslim and other minority communities, and women who are 52 percent of the population, appointed to important decision making bodies, especially those tasked with national recovery. Without such representation, the risk is that the very communities most affected by the crisis will remain unheard, and old grievances will be reproduced in new forms. The invitation extended to civil society to participate in the Rebuilding Sri Lanka Task Force is an important beginning. Whether it becomes a turning point will depend on whether the government chooses to make inclusion a principle of governance rather than treat it as a show of concession made under pressure.

by Jehan Perera

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