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The Judicial Power of the People and a Presidential Interpretation of our Constitution?

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Friday Forum media release:

‘Since 1972 this country has known no monarch and the President has not inherited that mantle.All his powers are limited by the provisions of the constitution.’Dissolution of Parliament Case (2018)

We as citizens of the country have witnessed in the past weeks some grave political developments that impact the governance of our country.On 31 January the President’s Media Division (PMD) released a public document. This document indicates that it is meant to be the Secretariat’s interpretation of the President’s powers under our constitution.

Just before the PMD release, the Online Safety Bill was signed into law by the Speaker. This Bill was brought to Parliament after the Determination of the Supreme Court which required 31 amendments. The OSA was very controversial legislation, criticized by civil society, local experts and international organizations and Tech companies. They expressed grave concerns on its damaging impact on the democratic and fundamental rights of the people.

The Speaker ignored calls by the Opposition for time to debate the Bill in parliament and ensure that it complied with the amendments that the Court had determined were essential for this law to be legal. The Opposition had pointed out that compliance was essential to ensure the OSA was a valid law according to our constitution.

The Speaker’s actions have resulted in the OSA Act becoming the law of the country, with no assurance that it conforms to the Supreme Court Determination and the constitution. This is unprecedented in parliamentary procedures. We now have a law whose legality is doubtful.

Both these developments indicate a growing trend towards authoritarian governance, disregarding the constitution and the democratic rights of the people. The Friday Forum draws attention to some matters that clarify that the misleading media release of the Presidential Secretariat, published with the President’s approval, must be challenged and rejected:

· Under our constitution only the Supreme Court can interpret the constitution. The President and the Presidential Secretariat have no role and authority in this regard.

· For 76 years the courts, and their independence from the Executive and parliament through a constitutional system of checks and balances, has been a foundational value in governance in Sri Lanka, and is recognized in the1978 constitution. That concept has not been eliminated by 21 later amendments to this constitution. It is reflected in post- independence jurisprudence of the Superior Courts of the country, especially the apex Supreme Court.

· The document indicates that the President is empowered to exercise all powers under the constitution at the President’s sole discretion. No public institution, including the courts and the Constitutional Council on high post appointments, have a right to place any obstacles to the exercise of Presidential powers. If the President is deemed to have acted unconstitutionally, by exceeding his powers, the constitution “provides a procedure to address this”.

The President has taken an oath of office as President, and also as a lawyer, to be guided by the constitution of the country in all his actions. This PMD document suggests that he can disregard the constitution if he thinks that this is best for the country. The fact that he is challenging the Opposition in parliament to respond perhaps with an impeachment motion is indicative of his confidence in his parliamentary majority that will, as in the past, raise their hands in support of him with mindless loyalty whatever are the consequences for the country.

· The Supreme Court has indicated in many judgments in the last decades, that public office must be held in public trust and official powers must be exercised within the framework of the law and the constitution. This has been reiterated in several recent cases, including the case on the economic crisis and the fundamental rights of the people. President Wickremesinghe is aware that in 2018, the Supreme Court, in a seven-judge bench decision, decided that President Sirisena had acted arbitrarily and

unconstitutionally by dissolving Parliament. Consequently, he was restored to the office of Prime Minister. The President cannot seek unquestioning loyalty to himself from all public officials and institutions, in the exercise of what he personally considers are his powers and responsibilities.

· The Constitutional Council (CC) is not an executive body. It has been empowered by the constitution to scrutinize Presidential nominees, and to approve them to high posts. This has been reiterated in the 21st Amendment that President Wickremesinghe himself initiated. This body has a constitutional right and an obligation to fulfill its mandate of either nominating or approving the most suitable candidates for high office. The Constitutional Council rejecting a nominee cannot be considered an ‘obstacle’ to the exercise of presidential power.

The PMD document challenging the Opposition to impeach the President if he abuses power, demonstrates the manner in which, in the post war years, this office has been transformed into something even worse than the powerful executive presidency originally created by the 1978 constitution. President Wickremesinghe is clearly seeking to carry this office to an even higher level of an authoritarian dictatorship, with the justification of having to seek solutions to national bankruptcy.

The time has come for us as citizens to demand that the abolition of the executive Presidency is realized as a matter of urgency in 2024. It is a toxic model of governance that has damaged public institutions. All the major political parties in this country made this promise and never fulfille it. All Presidents who came to office, except President Chandrika Kumaranatunga, failed the nation in this regard. The draft constitution of 2000 which President Kumaratunga’s government presented, providing for abolition of the Executive Presidency could not be adopted by parliament because of the conduct of the Leader of the Opposition, who was at that time, current President Ranil Wickremesinghe.

He and his UNP rejected this constitution and tore the document during the debate in parliament. The disagreement was not in regard to the text of this constitution, but a provision on who would head the new government. It is classic irony that 24 years later, Mr Wickremesinghe is trying to strengthen the Executive Presidency and transform it into a political dictatorship beyond the limits of the constitution. His rationale appears to be his personal vision or “Idiri Dekma” or what he thinks is best for the country. Is this a new articulation of another Executive President’s “Vistas of Prosperity”?

The events of recent weeks in 2024 and our national economic and governance crisis must convince us as citizens to call for an affirmation by all parties and their leaders that they will abolish the executive presidency, and go back to a system of an elected Prime Minister responsible to parliament and the people. Let us call for a referendum on this matter, that is combined with the first election held in 2024.

Prof. Savitri Goonesekere, Prof. Deepika Udagama, Prof. Camena Guneratne, Prof Gananath Obeyesekere, Prof. Ranjini Obeyesekere, Dr. Geedreck Usvatte-Aratchi, Prof Gameela Samarasinghe, Mr. Chandra Jayaratne, Dr. A.C. Visvalingam, Bishop Duleep de Chickera, Mr. Daneshan CasieChetty, Dr. Ahilan Kadirgamar, Mr. Javid Yusuf, Mr. Priyantha Gamage, Rev. Dr. Jayasiri Peiris, Mr. S.C.C. Elankovan, Pulasthi Hewamanna and Shanthi Dias.

(The Friday Forum is an informal group of concerned citizens pledged to uphold norms of democracy, good governance, the rule of law, human rights, media freedom and tolerance in our pluralist society.)



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Building on Sand: The Indian market trap

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(Part III in a series on Sri Lanka’s tourism stagnation.)

Every SLTDA (Sri Lanka Tourism Development Authority) press release now leads with the same headline: India is Sri Lanka’s “star market.” The numbers seem to prove it, 531,511 Indian arrivals in 2025, representing 22.5% of all tourists. Officials celebrate the “half-million milestone” and set targets for 600,000, 700,000, more.

But follow the money instead of the headcount, and a different picture emerges. We are building our tourism recovery on a low-spending, short-stay, operationally challenging segment, without any serious strategy to transform it into a high-value market. We have confused market size with market quality, and the confusion is costing us billions.

Per-day spending: While SLTDA does not publish market-specific daily expenditure data, industry operators and informal analyses consistently report Indian tourists in the $100-140 per day range, compared to $180-250 for Western European and North American markets.

The math is brutal and unavoidable: one Western European tourist generates the revenue of 3-4 Indian tourists. Building tourism recovery primarily on the low-yield segment is strategically incoherent, unless the goal is arrivals theater rather than economic contribution.

Comparative Analysis: How Competitors Handle Indian Outbound Tourism

India is not unique to Sri Lanka. Indian outbound tourism reached 30.23 million departures in 2024, an 8.4% year-on-year increase, driven by a growing middle class with disposable income. Every competitor destination is courting this market.

This is not diversification. It is concentration risk dressed up as growth.

How did we end up here? Through a combination of policy laziness, proximity bias, and refusal to confront yield trade-offs.

1. Proximity as Strategy Substitute

India is next door. Flights are short (1.5-3 hours), frequent, and cheap. This makes India the easiest market to attract, low promotional cost, high visibility, strong cultural and linguistic overlap. But easiest is not the same as best.

Tourism strategy should optimize for yield-adjusted effort. Yes, attracting Europeans requires longer promotional cycles, higher marketing spend, and sustained brand-building. But if each European generates 3x the revenue of an Indian tourist, the return on investment is self-evident.

We have chosen ease over effectiveness, proximity over profitability.

2. Visa Policy as Blunt Instrument

3. Failure to Develop High-Value Products for Indian Market

There are segments of Indian outbound tourism that spend heavily:

 

Wedding tourism: Indian destination weddings can generate $50,000-200,000+ per event

*  Wellness/Ayurveda tourism: High-net-worth Indians seek authentic wellness experiences and will pay premium rates

*  MICE tourism: Corporate events, conferences, incentive travel

 

Sri Lanka has these assets—coastal venues for weddings, Ayurvedic heritage, colonial hotels suitable for corporate events. But we have not systematically developed and marketed these products to high-yield Indian segments.

For the first time in 2025, Sri Lanka conducted multi-city roadshows across India to promote wedding tourism. This is welcome—but it is 25 years late. The Maldives and Mauritius have been curating Indian wedding and MICE tourism for decades, building specialised infrastructure, training staff, and integrating these products into marketing.

We are entering a mature market with no track record, no specialised infrastructure, and no price positioning that signals premium quality.

4. Operational Challenges and Quality Perceptions

Indian tourists, particularly budget segments, present operational challenges:

 

*  Shorter stays mean higher turnover, more check-ins, more logistical overhead per dollar of revenue

*  Price sensitivity leads to aggressive bargaining, complaints over perceived overcharging

*  Large groups (families, wedding parties) require specialised handling

 

None of these are insurmountable, but they require investment in training, systems, and service design. Sri Lanka has not made these investments systematically. The result: operators report higher operational costs per Indian guest while generating lower revenue, a toxic margin squeeze.

Additionally, Sri Lanka’s positioning as a “budget-friendly” destination reinforces price expectations. Indians comparing Sri Lanka to Thailand or Malaysia see Sri Lanka as cheaper, not better. We compete on price, not value, a race to the bottom.

The Strategic Error: Mistaking Market Size for Market Fit

India’s outbound tourism market is massive, 30 million+ and growing. But scale is not the same as fit.

Market size ≠ market value: The UAE attracts 7.5 million Indians, but as a high-yield segment (business, luxury shopping, upscale hospitality). Saudi Arabia attracts 3.3 million—but for religious pilgrimage with high per-capita spending and long stays.

Thailand attracts 1.8 million Indians as part of a diversified 35-million-tourist base. Indians represent 5% of Thailand’s mix. Sri Lanka has made Indians 22.5% of our mix, 4.5 times Thailand’s concentration, while generating a fraction of Thailand’s revenue.

This reveals the error. We have prioritised volume from a market segment without ensuring the segment aligns with our value proposition.

These needs are misaligned. Indians seek budget value; Sri Lanka needs yield. Indians want short trips; Sri Lanka needs extended stays. Indians are price-sensitive; Sri Lanka needs premium segments to fund infrastructure.

We have attracted a market that does not match our strategic needs—and then celebrated the mismatch as success.

The Way Forward: From Dependency to Diversification

Fixing the Indian market trap requires three shifts: curation, diversification, and premium positioning.

First

, segment the Indian market and target high-value niches explicitly:

 

Wedding tourism: Develop specialised wedding venues, train planners, create integrated packages ($50k+ per event)

*  Wellness tourism: Position Sri Lanka as authentic Ayurveda destination for high-net-worth health seekers

*  MICE tourism: Target Indian corporate incentive travel and conferences

*  Spiritual/religious tourism: Leverage Buddhist and Hindu heritage sites with premium positioning

 

Market these high-value niches aggressively. Let budget segments self-select out through pricing signals.

Second

, rebalance market mix toward high-yield segments:

 

*  Increase marketing spend on Western Europe, North America, and East Asian premium segments

*  Develop products (luxury eco-lodges, boutique heritage hotels, adventure tourism) that appeal to high-yield travelers

*  Use visa policy strategically, maintain visa-free for premium markets, consider tiered visa fees or curated visa schemes for volume markets

 

Third

, stop benchmarking success by Indian arrival volumes. Track:

 

*  Revenue per Indian visitor

*  Indian market share of total revenue (not arrivals)

*  Yield gap: Indian revenue vs. other major markets

 

If Indians are 22.5% of arrivals but only 15% of revenue, we have a problem. If the gap widens, we are deepening dependency on a low-yield segment.

Fourth

, invest in Indian market quality rather than quantity:

 

*  Train staff on Indian high-end expectations (luxury service standards, dietary needs)

*  Develop bilingual guides and materials (Hindi, Tamil)

*  Build partnerships with premium Indian travel agents, not budget consolidators

 

We should aim to attract 300,000 Indians generating $1,500 per trip (through wedding, wellness, MICE targeting), not 700,000 generating $600 per trip. The former produces $450 million; the latter produces $420 million, while requiring more than twice the operational overhead and infrastructure load.

Fifth

, accept the hard truth: India cannot and should not be 30-40% of our market mix. The structural yield constraints make that model non-viable. Cap Indian arrivals at 15-20% of total mix and aggressively diversify into higher-yield markets.

This will require political courage, saying “no” to easy volume in favour of harder-won value. But that is what strategy means: choosing what not to do.

The Dependency Trap

Every market concentration creates path dependency. The more we optimize for Indian tourists, visa schemes, marketing, infrastructure, pricing, the harder it becomes to attract high-yield markets that expect different value propositions.

Hotels that compete on price for Indian segments cannot simultaneously position as luxury for European segments. Destinations known for “affordability” struggle to pivot to premium. Guides trained for high-turnover, short-stay groups do not develop the deep knowledge required for extended cultural tours.

We are locking in a low-yield equilibrium. Each incremental Indian arrival strengthens the positioning as a “budget-friendly” destination, which repels high-yield segments, which forces further volume-chasing in price-sensitive markets. The cycle reinforces itself.

Breaking the cycle requires accepting short-term pain—lower arrival numbers—for long-term gain—higher revenue, stronger positioning, sustainable margins.

The Hard Question

Is Sri Lanka willing to attract two million tourists generating $5 billion, or three million tourists generating $4 billion?

The current trajectory is toward the latter, more arrivals, less revenue, thinner margins, greater fragility. We are optimizing for metrics that impress press releases but erode economic contribution.

The Indian market is not the problem. The problem is building tourism recovery primarily on a low-yield segment without strategies to either transform that segment to high-yield or balance it with high-yield markets.

We are building on sand. The foundation will not hold.

(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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Digital transformation in the Global South

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AI Summit, India

Understanding Sri Lanka through the India AI Impact Summit 2026

Artificial Intelligence (AI) has rapidly moved from being a specialised technological field into a major social force that shapes economies, cultures, governance, and everyday human life. The India AI Impact Summit 2026, held in New Delhi, symbolised a significant moment for the Global South, especially South Asia, because it demonstrated that artificial intelligence is no longer limited to advanced Western economies but can also become a development tool for emerging societies. The summit gathered governments, researchers, technology companies, and international organisations to discuss how AI can support social welfare, public services, and economic growth. Its central message was that artificial intelligence should be human centred and socially useful. Instead of focusing only on powerful computing systems, the summit emphasised affordable technologies, open collaboration, and ethical responsibility so that ordinary citizens can benefit from digital transformation. For South Asia, where large populations live in rural areas and resources are unevenly distributed, this idea is particularly important.

People friendly AI

One of the most important concepts promoted at the summit was the idea of “people friendly AI.” This means that artificial intelligence should be accessible, understandable, and helpful in daily activities. In South Asia, language diversity and economic inequality often prevent people from using advanced technology. Therefore, systems designed for local languages, and smartphones, play a crucial role. When a farmer can speak to a digital assistant in Sinhala, Tamil, or Hindi and receive advice about weather patterns or crop diseases, technology becomes practical rather than distant. Similarly, voice based interfaces allow elderly people and individuals with limited literacy to use digital services. Affordable mobile based AI tools reduce the digital divide between urban and rural populations. As a result, artificial intelligence stops being an elite instrument and becomes a social assistant that supports ordinary life.

Transformation in education sector

The influence of this transformation is visible in education. AI based learning platforms can analyse student performance and provide personalised lessons. Instead of all students following the same pace, weaker learners receive additional practice while advanced learners explore deeper material. Teachers are able to focus on mentoring and explanation rather than repetitive instruction. In many South Asian societies, including Sri Lanka, education has long depended on memorisation and private tuition classes. AI tutoring systems could reduce educational inequality by giving rural students access to learning resources, similar to those available in cities. A student who struggles with mathematics, for example, can practice step by step exercises automatically generated according to individual mistakes. This reduces pressure, improves confidence, and gradually changes the educational culture from rote learning toward understanding and problem solving.

Healthcare is another area where AI is becoming people friendly. Many rural communities face shortages of doctors and medical facilities. AI-assisted diagnostic tools can analyse symptoms, or medical images, and provide early warnings about diseases. Patients can receive preliminary advice through mobile applications, which helps them decide whether hospital visits are necessary. This reduces overcrowding in hospitals and saves travel costs. Public health authorities can also analyse large datasets to monitor disease outbreaks and allocate resources efficiently. In this way, artificial intelligence supports not only individual patients but also the entire health system.

Agriculture, which remains a primary livelihood for millions in South Asia, is also undergoing transformation. Farmers traditionally rely on seasonal experience, but climate change has made weather patterns unpredictable. AI systems that analyse rainfall data, soil conditions, and satellite images can predict crop performance and recommend irrigation schedules. Early detection of plant diseases prevents large-scale crop losses. For a small farmer, accurate information can mean the difference between profit and debt. Thus, AI directly influences economic stability at the household level.

Employment and communication reshaped

Artificial intelligence is also reshaping employment and communication. Routine clerical and repetitive tasks are increasingly automated, while demand grows for digital skills, such as data management, programming, and online services. Many young people in South Asia are beginning to participate in remote work, freelancing, and digital entrepreneurship. AI translation tools allow communication across languages, enabling businesses to reach international customers. Knowledge becomes more accessible because information can be summarised, translated, and explained instantly. This leads to a broader sociological shift: authority moves from tradition and hierarchy toward information and analytical reasoning. Individuals rely more on data when making decisions about education, finance, and career planning.

Impact on Sri Lanka

The impact on Sri Lanka is especially significant because the country shares many social and economic conditions with India and often adopts regional technological innovations. Sri Lanka has already begun integrating artificial intelligence into education, agriculture, and public administration. In schools and universities, AI learning tools may reduce the heavy dependence on private tuition and help students in rural districts receive equal academic support. In agriculture, predictive analytics can help farmers manage climate variability, improving productivity and food security. In public administration, digital systems can speed up document processing, licensing, and public service delivery. Smart transportation systems may reduce congestion in urban areas, saving time and fuel.

Economic opportunities are also expanding. Sri Lanka’s service based economy and IT outsourcing sector can benefit from increased global demand for digital skills. AI-assisted software development, data annotation, and online service platforms can create new employment pathways, especially for educated youth. Small and medium entrepreneurs can use AI tools to design products, manage finances, and market services internationally at low cost. In tourism, personalised digital assistants and recommendation systems can improve visitor experiences and help small businesses connect with travellers directly.

Digital inequality

However, the integration of artificial intelligence also raises serious concerns. Digital inequality may widen if only educated urban populations gain access to technological skills. Some routine jobs may disappear, requiring workers to retrain. There are also risks of misinformation, surveillance, and misuse of personal data. Ethical regulation and transparency are, therefore, essential. Governments must develop policies that protect privacy, ensure accountability, and encourage responsible innovation. Public awareness and digital literacy programmes are necessary so that citizens understand both the benefits and limitations of AI systems.

Beyond economics and services, AI is gradually influencing social relationships and cultural patterns. South Asian societies have traditionally relied on hierarchy and personal authority, but data-driven decision making changes this structure. Agricultural planning may depend on predictive models rather than ancestral practice, and educational evaluation may rely on learning analytics instead of examination rankings alone. This does not eliminate human judgment, but it alters its basis. Societies increasingly value analytical thinking, creativity, and adaptability. Educational systems must, therefore, move beyond memorisation toward critical thinking and interdisciplinary learning.

AI contribution to national development

In Sri Lanka, these changes may contribute to national development if implemented carefully. AI-supported financial monitoring can improve transparency and reduce corruption. Smart infrastructure systems can help manage transportation and urban planning. Communication technologies can support interaction among Sinhala, Tamil, and English speakers, promoting social inclusion in a multilingual society. Assistive technologies can improve accessibility for persons with disabilities, enabling broader participation in education and employment. These developments show that artificial intelligence is not merely a technological innovation but a social instrument capable of strengthening equality when guided by ethical policy.

Symbolic shift

Ultimately, the India AI Impact Summit 2026 represents a symbolic shift in the global technological landscape. It indicates that developing nations are beginning to shape the future of artificial intelligence according to their own social needs rather than passively importing technology. For South Asia and Sri Lanka, the challenge is not whether AI will arrive but how it will be used. If education systems prepare citizens, if governments establish responsible regulations, and if access remains inclusive, AI can become a partner in development rather than a source of inequality. The future will likely involve close collaboration between humans and intelligent systems, where machines assist decision making while human values guide outcomes. In this sense, artificial intelligence does not replace human society, but transforms it, offering Sri Lanka an opportunity to build a more knowledge based, efficient, and equitable social order in the decades ahead.

by Milinda Mayadunna

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Governance cannot be a postscript to economics

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Kristalina-Georgieva

The visit by IMF Managing Director Kristalina Georgieva to Sri Lanka was widely described as a success for the government. She was fulsome in her praise of the country and its developmental potential. The grounds for this success and collaborative spirit go back to the inception of the agreement signed in March 2023 in the aftermath of Sri Lanka’s declaration of international bankruptcy. The IMF came in to fulfil its role as lender of last resort. The government of the day bit the bullet. It imposed unpopular policies on the people, most notably significant tax increases. At a moment when the country had run out of foreign exchange, defaulted on its debt, and faced shortages of fuel, medicine and food, the IMF programme restored a measure of confidence both within the country and internationally.

Since 1965 Sri Lanka has entered into agreements with the IMF on 16 occasions none of which were taken to their full term. The present agreement is the 17th agreement . IMF agreements have traditionally been focused on economic restructuring. Invariably the terms of agreement have been harsh on the people, with priority being given to ensure the debtor country pays its loans back to the IMF. Fiscal consolidation, tax increases, subsidy reductions and structural reforms have been the recurring features. The social and political costs have often been high. Governments have lost popularity and sometimes fallen before programmes were completed. The IMF has learned from experience across the world that macroeconomic reform without social protection can generate backlash, instability and policy reversals.

The experience of countries such as Greece, Ireland and Portugal in dealing with the IMF during the eurozone crisis demonstrated the political and social costs of austerity, even though those economies later stabilised and returned to growth. The evolution of IMF policies has ensured that there are two special features in the present agreement. The first is that the IMF has included a safety net of social welfare spending to mitigate the impact of the austerity measures on the poorest sections of the population. No country can hope to grow at 7 or 8 percent per annum when a third of its people are struggling to survive. Poverty alleviation measures in the Aswesuma programme, developed with the agreement of the IMF, are key to mitigating the worst impacts of the rising cost of living and limited opportunities for employment.

Governance Included

The second important feature of the IMF agreement is the inclusion of governance criteria to be implemented alongside the economic reforms. It goes to the heart of why Sri Lanka has had to return to the IMF repeatedly. Economic mismanagement did not take place in a vacuum. It was enabled by weak institutions, politicised decision making, non-transparent procurement, and the erosion of checks and balances. In its economic reform process, the IMF has included an assessment of governance related issues to accompany the economic restructuring process. At the top of this list is tackling the problem of corruption by means of publicising contracts, ensuring open solicitation of tenders, and strengthening financial accountability mechanisms.

The IMF also encouraged a civil society diagnostic study and engaged with civil society organisations regularly. The civil society analysis of governance issues which was promoted by Verite Research and facilitated by Transparency International was wider in scope than those identified in the IMF’s own diagnostic. It pointed to systemic weaknesses that go beyond narrow fiscal concerns. The civil society diagnostic study included issues of social justice such as the inequitable impact of targeting EPF and ETF funds of workers for restructuring and the need to repeal abuse prone laws such as the Prevention of Terrorism Act and the Online Safety Act. When workers see their retirement savings restructured without adequate consultation, confidence in policy making erodes. When laws are perceived to be instruments of arbitrary power, social cohesion weakens.

During a meeting between the IMF Managing Director Georgeiva and civil society members last week, there was discussion on the implementation of those governance measures in which she spoke in a manner that was not alien to the civil society representatives. Significantly, the civil society diagnostic report also referred to the ethnic conflict and the breakdown of interethnic relations that led to three decades of deadly war, causing severe economic losses to the country. This was also discussed at the meeting. Governance is not only about accounting standards and procurement rules. It is about social justice, equality before the law, and political representation. On this issue the government has more to do. Ethnic and religious minorities find themselves inadequately represented in high level government committees. The provincial council system that ensured ethnic and minority representation at the provincial level continues to be in abeyance.

Beyond IMF

The significance of addressing governance issues is not only relevant to the IMF agreement. It is also important in accessing tariff concessions from the European Union. The GSP Plus tariff concession given by the EU enables Sri Lankan exports to be sold at lower prices and win markets in Europe. For an export dependent economy, this is critical. Loss of such concessions would directly affect employment in key sectors such as apparel. The government needs to address longstanding EU concerns about the protection of human rights and labour rights in the country. The EU has, for several years, linked the continuation of GSP Plus to compliance with international conventions. This includes the condition that the Prevention of Terrorism Act (PTA) be brought into line with international standards. The government’s alternative in the form of the draft Protection of the State from Terrorism Act (PTSA) is less abusive on paper but is wider in scope and retains the core features of the PTA.

Governance and social justice factors cannot be ignored or downplayed in the pursuit of economic development. If Sri Lanka is to break out of its cycle of crisis and bailout, it must internalise the fact that good governance which promotes social justice and more fairly distributes the costs and fruits of development is the foundation on which durable economic growth is built. Without it, stabilisation will remain fragile, poverty will remain high, and the promise of 7 to 8 percent growth will remain elusive. The implementation of governance reforms will also have a positive effect through the creative mechanism of governance linked bonds, an innovation of the present IMF agreement.

The Sri Lankan think tank Verité Research played an important role in the development of governance linked bonds. They reduce the rate of interest payable by the government on outstanding debt on the basis that better governance leads to a reduction in risk for those who have lent their money to Sri Lanka. This is a direct financial reward for governance reform. The present IMF programme offers an opportunity not only to stabilise the economy but to strengthen the institutions that underpin it. That opportunity needs to be taken. Without it, the country cannot attract investment, expand exports and move towards shared prosperity and to a 7-8 percent growth rate that can lift the country out of its debt trap.

by Jehan Perera

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