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Judiciary – ‘a sleeping giant’?

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I stumbled upon an article published by Verite Research. It stated that the number of days it takes to enforce a contract through the court system in Sri Lanka was 1,318. That is in excess of three and a half years. The information was drawn from a World Bank study on the ease of doing business, with enforcing contracts being one of the metrics. A contract is one of the basic means of legal recourse. The article also showed that in Vietnam and Malaysia, time taken to enforce a contract was around 400 days. In Singapore it was 150 days.

You might safely assume that successive administrations since 2013 would have moved mountains to improve this most basic indicator. Especially considering that Sri Lanka was touting itself as a frontier economy in the region, in 2013, enforcing a contract ought to have been made much easier and quicker in the interim six -seven years.

Well, in 2013 it was 1,318 days and today, in 2020, the latest report from the World Bank shows that the number of days taken to enforce a contract is still 1,318 days! I dare say this may have something to do with inadequate reporting or a lack of data. I urge anyone to use the tools at hand to research this further.

Whatever these indices say about Sri Lanka, the lived experiences of many Sri Lankans are as good a measure as any. All Sri Lankans today, in 2020, know very well to avoid the legal system at any and all costs; as the expense, the time taken and the virtual harassment that the inefficiencies of the court system inflicts on ordinary citizens, are simply not worth the trouble. Even an employee that wants to seek redress for being unfairly treated by his or her employer will have to wait many years to obtain compensation, despite stringent labour laws. This shows that having strict laws in place is futile unless they can be implemented in a speedy manner.

During my career, I recall many instances where actions of competent officers were undermined by their organizations. I am aware of a specific instance at a foreign bank where there was a case of deferment of revenue by a senior officer, without formally advising the customer. This exposed a systemic failure of the bank’s internal systems, yet officers higher up the ladder were scapegoated. This allowed the bank to not only cover-up the deficiencies of their systems but to also conceal the incompetence of its expatriate CEO.

The expatriate CEO in question was conveniently transferred out of Sri Lanka, while the local officers are still in court, five years later. The expatriate CEO was allowed to take early retirement with full benefits, while the local officers even had their contributions to their own gratuity payments frozen by this foreign bank. The loss of earnings besides the effects on their reputations and the stress of the process is one thing. Yet to have an international organization use all of its financial and legal might to delay, block and mislead legal proceedings is shocking. What is downright disgusting is that the system is built for this type of delaying tactic, where justice comes after many years of court dates and many millions in legal fees.

Whether you are involved in a car accident or you have had a personal item stolen or you have been verbally abused, the most common course of action taken by you would be to shrug your shoulders and move on. Going to the police and resorting to legal action would basically be the utmost last resort, no matter what crime has been committed.

For reference, in the late 1980s, I met with a car accident while working in the Middle East; another motorist carelessly scratched my vehicle. There was a police officer nearby, who immediately intervened and took down my details. Within one week, I received a cheque from my insurance company to pay for the repairs. No going to the police station to record a statement, no prolonged wait for an insurance agent.

In Sri Lanka, if you are a business owner and you need legal recourse, you face a multi-year wait. Can we call this a fair judicial SYSTEM? Can something that is so clearly stunted, so obviously unfit for purpose, be described as a system? It you do so you must affix the word BROKEN, before the word, ‘system’. Is it broken beyond repair? Within this broken system, can there be justice? Without justice, can we be a truly democratic society?

There also seems to be a process of never-ending interviews and investigations. Witnesses and others related to an investigation are interviewed by the police for six or eight hours sometimes. I shudder at the thought of pages upon pages of unnecessary notes and records taken at these interviews. Another example of a lack of efficiency or intentional time wasting. The time taken to collect evidence after an offence has been committed simply allows those accused more time to escape punishment.

Sri Lanka has had a Ministry of Justice since 1947. Ministers of Justice throughout the years have included luminaries of public service such as Felix Dias Bandaranaike, Ratnasiri Wickramanayake, Nissanka Wijeyeratne in the past. More recently, W. J. M. Lokubandara, Rauf Hakeem and Wijeyadasa Rajapakshe have held this cabinet position. Yet, we see a shocking lack of attention paid to this issue which affects all Sri Lankans, of all walks of life.

By the Justice Ministry’s own latest available statistics, as at end 2016, about 725,000 cases were pending in courts, with the largest number, 535,000 cases, pending in Magistrates’ Courts. Consider what this number actually represents; in human terms. How many people must feel helpless at the lack of action? A wait that could last several years would be bad enough for the owner of an enterprise or an entrepreneur or even a simple shopkeeper.

Yet consider those waiting for justice for serious crimes; murder, rape, theft or even harassment. How desperate must someone feel to have been robbed, or had a loved one assaulted, but then wait years upon years for redress, with no guarantee and no definite time-line. How many people will watch the best years of their lives wither away in courtrooms around the country? The almost machine like process of taking a day off your job to attend a court date, only to be given another court date three-six months later, is simply dehumanizing. Let us call it what it is; an inhumane system, completely unfit for purpose.

If there are over 700,000 cases pending in our system, do we even dare consider how many cases never make it into the system at all? Such an estimate, if attempted would certainly be multiple times more and would perhaps be the most depressing statistic of all. Usually, what is most insidious is what the numbers do not show as well as the situations for which there are no numbers.

Sri Lankans seem to have internalized this notion of helplessness, perhaps this is ingrained in our psyche by design. We simply do not want to risk our precious time, energy, money, well-being and job security to take a case to the courts. The countless, faceless millions of Sri Lankans over the years that have had to simply grin and bear whatever misfortune befalls them, deserve better.

Worse still, this system allows those with even a modicum of power, to abuse it, as they know they will not be tried in a court of law, anytime within the next five years. The room this leaves for corrupt practices in every sphere of life is a blot on our society. The vacuum of law and order that this creates will necessitate desperate measures by Sri Lankans. We read many stories of Sri Lankans taking matters into their own hands, most times out of sheer desperation.

To gauge how bad the situation is, you need only revisit the infamous “Yahapalanaya” government, and its efforts (genuine or not) to litigate cases involving political corruption and abuse of power. President Maithripala Sirisena at the time decided to form special courts to hear such cases. This too seems to have been an abject failure, similar to the five year stint of that administration.

The people should also note that if certain cases need to be expedited, for political reasons, it can sometimes happen. Political expediency is the number one priority, not the needs of the common man. Yet another indication that the political class and elites of the country play by a different set of rules.

RW

Colombo

 



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Opinion

We do not want to be press-ganged 

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Reference ,the Indian High Commissioner’s recent comments ( The Island, 9th Jan. ) on strong India-Sri Lanka relationship and the assistance granted on recovering from the financial collapse of Sri Lanka and yet again for cyclone recovery., Sri Lankans should express their  thanks to India for standing up as a friendly neighbour.

On the Defence Cooperation agreement, the Indian High Commissioner’s assertion was that there was nothing beyond that which had been included in the text. But, dear High Commissioner, we Sri Lankans have burnt our fingers when we signed agreements with the European nations who invaded our country; they took our leaders around the Mulberry bush and made our nation pay a very high price by controlling our destiny for hundreds of years. When the Opposition parties in the Parliament requested the Sri Lankan government to reveal the contents of the Defence agreements signed with India as per the prevalent common practice, the government’s strange response was  that India did not want them disclosed.

Even the terms of the one-sided infamous Indo-Sri Lanka agreement, signed in 1987, were disclosed to the public.

Mr. High Commissioner, we are not satisfied with your reply as we are weak, economically, and unable to clearly understand your “India’s Neighbourhood First and  Mahasagar policies” . We need the details of the defence agreements signed with our government, early.

 

RANJITH SOYSA 

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Opinion

When will we learn?

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At every election—general or presidential—we do not truly vote, we simply outvote. We push out the incumbent and bring in another, whether recycled from the past or presented as “fresh.” The last time, we chose a newcomer who had spent years criticising others, conveniently ignoring the centuries of damage they inflicted during successive governments. Only now do we realise that governing is far more difficult than criticising.

There is a saying: “Even with elephants, you cannot bring back the wisdom that has passed.” But are we learning? Among our legislators, there have been individuals accused of murder, fraud, and countless illegal acts. True, the courts did not punish them—but are we so blind as to remain naive in the face of such allegations? These fraudsters and criminals, and any sane citizen living in this decade, cannot deny those realities.

Meanwhile, many of our compatriots abroad, living comfortably with their families, ignore these past crimes with blind devotion and campaign for different parties. For most of us, the wish during an election is not the welfare of the country, but simply to send our personal favourite to the council. The clearest example was the election of a teledrama actress—someone who did not even understand the Constitution—over experienced and honest politicians.

It is time to stop this bogus hero worship. Vote not for personalities, but for the country. Vote for integrity, for competence, and for the future we deserve.

 

Deshapriya Rajapaksha

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Opinion

Chlorophyll –The Life-giver is in peril

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Chlorophyll

Chlorophyll is the green pigment found in plants, algae, and cyanobacteria. It is essential for photosynthesis, the process by which light energy is converted into chemical energy to sustain life on Earth. As it is green it reflects Green of the sunlight spectrum and absorbs its  Red and Blue ranges. The energy in these rays are used to produce carbohydrates utilising water and carbon dioxide and releasing oxygen in the process. Thus, it performs, in this reaction, three functions essential for life on earth; it produces food and oxygen and removes carbon dioxide from the atmosphere to maintain equilibrium in our environment. It is one of the wonders of nature that are in peril today. It is essential for life on earth, at least for the present, as there are no suitable alternatives. While chlorophyll can be produced in a lab, it cannot be produced using simple, everyday chemicals in a straightforward process. The total synthesis of chlorophyll is an extremely complex multi-step organic chemistry process that requires specialized knowledge, advanced laboratory equipment, and numerous complex intermediary compounds and catalysts.

Chlorophyll probably evolved inside bacteria in water and migrated to land with plants that preceded animals who also evolved in water. Plants had to come on land first to oxygenate the atmosphere and make it possible for animals to follow. There was very little oxygen in the ocean or on the surface before chlorophyll carrying bacteria and algae started photosynthesis. Now 70% of our atmospheric oxygen is produced by sea phytoplankton and algae, hence the importance of the sea as a source of oxygen.

Chemically, chlorophyll is a porphyrin compound with a central magnesium (Mg²⁺) ion. Factors that affect its production and function are light intensity, availability of nutrients, especially nitrogen and magnesium,  water supply and temperature. Availability of nutrients and temperature could be adversely affected due to sea pollution and global warming respectively.

Temperature range for optimum chlorophyll function is 25 – 35 C depending on the types of plants. Plants in temperate climates are adopted to function at lower temperatures and those in tropical regions prefer higher temperatures. Chlorophyll in most plants work most efficiently at 30 C. At lower temperatures it could slow down and become dormant. At temperatures above 40 C chlorophyll enzymes  begin to denature and protein complexes can be damaged.  Photosynthesis would decline sharply at these high temperatures.

Global warming therefore could affect chlorophyll function and threaten its very existence. Already there is a qualitative as well as quantitative decline of chlorophyll particularly in the sea. The last decade has been the hottest ten years and 2024 the hottest year since recording had started. The ocean absorbs 90% of the excess heat that reaches the Earth due to the greenhouse effect. Global warming has caused sea surface temperatures to rise significantly, leading to record-breaking temperatures in recent years (like 2023-2024), a faster warming rate (four times faster than 40 years ago), and more frequent, intense marine heatwaves, disrupting marine life and weather patterns. The ocean’s surface is heating up much faster, about four times quicker than in the late 1980s, with the last decade being the warmest on record. 2023 and 2024 saw unprecedented high sea surface temperatures, with some periods exceeding previous records by large margins, potentially becoming the new normal.

Half of the global sea surface has gradually changed in colour indicating chlorophyll decline (Frankie Adkins, 2024, Z Hong, 2025). Sea is blue in colour due to the absorption of Red of the sunlight spectrum  by water and reflecting Blue. When the green chlorophyll of the phytoplankton is decreased the sea becomes bluer. Researchers from MIT and Georgia Tech found these color changes are global, affecting over half the ocean’s surface in the last two decades, and are consistent with climate model predictions. Sea phytoplankton and algae produce more than 70% of the atmospheric oxygen, replenishing what is consumed by animals. Danger to the life of these animals including humans due to decline of sea chlorophyll is obvious. Unless this trend is reversed there would be irreparable damage and irreversible changes in the ecosystems that involve chlorophyll function as a vital component.

The balance 30% of oxygen is supplied mainly by terrestrial plants which are lost due mainly to human action, either by felling and clearing or due to global warming. Since 2000, approximately 100 million hectares of forest area was lost globally by 2018 due to permanent deforestation. More recent estimates from the UN’s Food and Agriculture Organization (FAO) indicate that an estimated 420 million hectares of forest have been lost through deforestation since 1990, with a net loss of approximately 4.7 million hectares per year between 2010 and 2020 (accounting for forest gains by reforestation). From 2001 to 2024, there had been a total of 520 million hectares of tree cover loss globally. This figure includes both temporary loss (e.g., due to fires or logging where forests regrow) and permanent deforestation. Roughly 37% of tree cover loss since 2000 was likely permanent deforestation, resulting in conversion to non-forest land uses such as agriculture, mining, or urban development. Tropical forests account for the vast majority (nearly 94%) of permanent deforestation, largely driven by agricultural expansion.  Limiting warming to 1.5°C significantly reduces risks, but without strong action, widespread plant loss and biodiversity decline are projected, making climate change a dominant threat to nature, notes the World Economic Forum. Tropical trees are Earth’s climate regulators—they cool the planet, store massive amounts of carbon, control rainfall, and stabilize global climate systems. Losing them would make climate change faster, hotter, and harder to reverse.

Another vital function of chlorophyll is carbon fixing. Carbon fixation by plants is crucial because it converts atmospheric carbon dioxide into organic compounds, forming the base of the food web, providing energy/building blocks for life, regulating Earth’s climate by removing greenhouse gases, and driving the global carbon cycle, making life as we know it possible. Plants use carbon fixation (photosynthesis) to create their own food (sugars), providing energy and organic matter that sustains all other life forms.  By absorbing vast amounts of CO2 (a greenhouse gas) from the atmosphere, plants help control its concentration, mitigating global warming. Chlorophyll drives the Carbon Cycle, it’s the primary natural mechanism for moving inorganic carbon into the biosphere, making it available for all living organisms.

In essence, carbon fixation turns the air we breathe out (carbon dioxide) into the food we eat and the air we breathe in (oxygen), sustaining ecosystems and regulating our planet’s climate.

While land plants store much more total carbon in their biomass, marine plants (like phytoplankton) and algae fix nearly the same amount of carbon annually as all terrestrial plants combined, making the ocean a massive and highly efficient carbon sink, especially coastal ecosystems that sequester carbon far faster than forests. Coastal marine plants (mangroves, salt marshes, seagrasses) are extremely efficient carbon sequesters, absorbing carbon at rates up to 50 times faster than terrestrial forests.

If Chlorophyll decline, which is mainly due to human action driven by uncontrolled greed, is not arrested as soon as possible life on Earth would not be possible.

(Some information was obtained from Wikipedia)

by N. A. de S. Amaratunga ✍️

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