SRI LANKA AT CROSS-ROADS AND THE NEW DEVELOPMENT PARADIGM

by Dr. Dayanath Jayasuriya

President’s Counsel

Compared with most other erstwhile British colonies, independence was granted to Ceylon virtually on a silver platter. This statement is not meant to undermine the efforts of our own freedom fighters who without bloodshed managed to convince the colonial ruler that the country was gradually getting ready for independence. The Donoughmore system of government was a precursor to the decision for self-rule. When the first independence constitution was drafted, with the able assistance of Sir Ivor Jennings, there were simmering issues that the draftsmen took into consideration. Rights of minorities and stateless persons, religion, language of instruction, parity of status and land rights were among the many issues which multi-ethnic, multi-religious and multi-lingual issues that typically encounter when power is to be transferred from a colonial ruler to a self-elected body of representatives. The British approach varied from country to country; in India, for instance, the issue of the division of India and East and West Pakistan was left to be resolved after independence was granted.

In 1972, the first constitution was replaced with the country becoming a Republic and changing the name from Ceylon to Sri Lanka. Prior to the enactment of the Constitution, which followed an ad hoc method of working through a Constituent Assembly, the right of appeal to the Judicial Committee of the Privy Council was abolished. Her Majesty the Queen ceased to appoint her representative as Governor. During the period 1971 to 1977 the country witnessed many issues; an insurrection by a large number of youth was quelled within a short-time by then then Prime Minister Sirima Bandaranaike and the rise in global petroleum prices had a severe impact on the country. Import restrictions, ceiling on ownership of houses and land, nationalization of foreign industries etc. took place but with mixed results.

In 1977 a new Constitution was enacted. The Executive President, J. R. Jayewardene, led the initiative to liberalize the economy. With free trade and various expensive developmental projects, corruption began to erode the system slowly but surely. Even though the early signs of Sri Lanka becoming a transit centre for international drug smuggling, arms smuggling, illegal gambling, casino and sex establishments became evident but these were largely ignored by law enforcement agencies. This Constitution still remains in place, notwithstanding a record of 19 amendments. The 19th amendment was meant to curb the powers of the Executive President and to empower the Prime Minister. But on two occasions a President and a Prime Minister belonging to two different political parties led to disastrous results.

At the Presidential elections of 2019 and at the general elections of 2020, a major issue was the amendment or repeal of the 19th amendment and/or the adoption of a new constitution. The Government has opted to amend the 19th amendment through a 20th amendment as the first step.

The case for a strong Executive President is based on the assumption that the country can make rapid development under such a regime. In several speeches broadcast over the media the current President has requested that he be provided with the freedom to accomplish his developmental agenda without undue hindrance. Over the 72 years since independence the country has made only marginal gains in relation to many widely accepted socio-economic and related indicators. In the early 60s, the Sri Lankan model of development was studied by countries like Singapore and Malaysia but today Sri Lanka lags behind these and most other developing countries. Gains in the health and education spheres have had a major set back, caused partly by the 30-year long separatist war which exacted a heavy toll. Issues of internationally orchestrated calls for accountability for war crimes, justice for displaced minority groups, the rise in Islamic militancy as was evident by the brutal attack on churches and hotels in April 2019, the large numbers unemployed or underemployed due to COVID-19 are among a few of the major issues that loom large.

It is in this background that the Government is poised to push ahead with a new constitutional amendment. Only time will tell whether this was timely or not, as the country has had a major setback due to COVID-19 and the closure of the airports and the economy is barely recovering. The economy also took a major beating a few years ago when an expatriate Singaporean friend of the then Prime Minister possibly caused what is now regarded as the biggest Central Bank robbery.

This article looks at the enabling environment required for selected priority national development to gain speed under the enhanced powers of an executive President.

a) People-centred Development

The exact size of the wealthy class cannot be estimated. Operations against drug traffickers with large quantities of drugs, arms and currency notes and multiple bank accounts raise credibility issues with regard to our banking system and customs controls. The Financial Intelligence Unit has remained silent as to how banks would have done a genuinely serious job with regard to due diligence and ‘Know your Customer’ requirements; otherwise one cannot explain the large deposits in accounts of people who cannot possibly provide any legitimate sources of income. Political patronage and corrupt officials within the law enforcement agencies would have provided their blessings for crimes of such great magnitude to take place. Over the decades the poor classes have become poorer and a new class (nouveau riche) has emerged vying with the traditionally rich upper class. Large numbers have gone to the Middle-East for employment and have been remitting part of their relatively modest salary but this alone has not been sufficient to raise their standard of living.

Unlike India, Sri Lanka lacked a permanent National Planning Council. Several governments did set up small national planning cells but without any real impact. A national poverty alleviation plan requires precise information of unmet needs at the micro-level of villages and in the fringes of urban centres. Media coverage often shows how the impoverished classes live. Basic facilities such as safe drinking water are lacking in many parts of the country. Empirical evidence suggests that well nourished children live healthier lives and perform better at examinations but large numbers find it difficult to have even a square meal.

We have recently seen the current President visiting selected villages and ascertaining problems and immediately suggesting to officers a solution. This is reminiscent of late President Premadasa’s taking the “Kachcheri to the villages and towns” concept where a one-stop improvised centre promptly attended to unmet needs, particularly documentation such as national identity cards, birth certificates etc. This is what should be done by Provincial Councils and other local authorities and respective ministers. It is to be hoped that the example that is now being set will trickle down to ministers, state ministers and heads of departments. For each village or cluster of villages there should be a mapping exercise done of unmet needs and the resources required for timely action. Bottle-necks should be identified and brought to the notice of the relevant authorities who should not hesitate to give directions for prompt action. Accountability mechanisms are grossly lacking or even if they do exist they are largely ineffective. ‘Passing the buck’ is a skill many public servants have effectively mastered.

The State alone cannot uplift the status or influence the life-styles of millions living in under-served villages and towns. The private sector should be assigned the responsibility of assisting selected villages for developmental activities as part of the CSR agenda or otherwise. This might result in a new paradigm shift in poverty alleviation through public sector-private sector joint endeavors. We have witnessed foundation stones being laid for so many important projects such as new hospitals and medical centres, schools etc. but follow-up action is often lacking due to bureaucratic indifference or lack of funds.

Bureaucratic indifference or sabotage is not a problem confined only to small developing nations. It is significant that a few weeks ago the Presidents of the US National Academy of Sciences and the National Academy of Medicine issued a strongly worded message condemning ad hoc policy-making in relation to US health policy:

“As advisers to the nation on all matters of science, medicine, and public health, we are compelled to underscore the value of science-based decision-making at all levels of government. Our nation is at a critical time in the course of the COVID-19 pandemic with important decisions ahead of us, especially concerning the efficacy and safety of vaccines. Policymaking must be informed by the best available evidence without it being distorted, concealed, or otherwise deliberately miscommunicated. We find ongoing reports and incidents of the politicization of science, particularly the overriding of evidence and advice from public health officials and derision of government scientists, to be alarming. It undermines the credibility of public health agencies and the public’s confidence in them when we need it most. Ending the pandemic will require decision-making that is not only based on science but also sufficiently transparent to ensure public trust in, and adherence to, sound public-health instructions. Any efforts to discredit the best science and scientists threaten the health and welfare of us all.”

An Executive President should be able to periodically monitor what happens in the field by getting regular feedback from responsible ministers, state ministers, departmental heads and so on and play the role of a trouble-shooter when necessary without fear or favour.

b) Good Governance, Law and Order

When the first post-independent constitution was being drafted Sir Ivor Jennings was against the idea of providing for the justiciability of human rights stating that this would hinder administration and will become a gold-mine for lawyers. The 1977 Constitution empowered citizens to invoke the jurisdiction of the Supreme Court if their fundamental rights are violated. Though an important development per se, it comes at a cost

Reluctance by some heads of department to institute disciplinary action is impeded by several reasons, two such reasons being the possibility of the action being challenged in a court of law or due to the interference by a Minister or other powerful politician. The tradition of appointing commissions or committees to look into each and every major problem issue is a costly and often meaningless exercise. After a period of time public and media attention is diverted to new public issues.

There needs to be a robust system of accountability at every level for any issue that is subjected to investigation. On certain important national matters, the Cabinet itself or the Minister in charge of the relevant ministry, department or agency, as the case may be, must be accountable for ensuring that due process is followed and consult the Executive President where his or her guidance is required.

In matters of international relations, the country has to delicately balance competing vested interests and demands and speak with one voice. The country has to be sensitive to international commitments offered in the past. Rating agencies have given a low rating which is a red flag to possible foreign investors.

Recent media reports on the smuggling of drugs, liquor, arms, cigarettes and other contraband suggest the degree to which law and order had deteriorated within many law enforcement agencies and how certain officials have facilitated or participated in these illegal activities. The April 2019 bomb blasts could have been possibly avoided if relevant officials had done what they ought to have done with regard to such a serious matter and the officials monitoring national security had acted more sensibly in a timely fashion.

A major task ahead of an Executive President is to take stock of institutional strengths and weaknesses, identity bottlenecks and improve governance systems leaving little or no room for deviations from accepted procedures. It is when those at the top are indifferent or lack moral courage to take on problems as and when they arise, that the rot begins to percolate down the entire system and a sense of complacency arises. A proper system of checks and balances will ensure better productivity, efficiency and a better outcome. Nepotism, bribery or corruption and undue interference will gradually phase-out when a better and just governance system is in place.

Lord Acton once remarked that “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” Sri Lanka now has a chance to prove that even with almost absolute power there can be great and good men. As I conclude this article I hear someone playing one of Elvis Presley’s classics: “It’s now or never,… tomorrow will be too late.”

[The author is the former Chairman of the Securities and Exchange Commission of Sri Lanka. He has previously served as UNDP Regional Adviser on HIV and Development and Community Development Adviser for Asia and the Pacific and as Head, UNAIDS Secretariat and Senior Policy Adviser to the Government of Pakistan. He could be contacted at (ichpl@hotmail.com)]

Dr Dayanath Jayasuriya

Tel. 0777 384047