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Writing the Soulbury Constitution

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The first Cabinet of independent Ceylon with Lord Soulbury

Excerpted from A Cabinet Secretary’s Memoirs by BP Peiris

It was war time. Villavarayan was Legal Draftsman, H. N. G Fernando second in command and I next. Constitutional reforms were in the air and D.S. Senanayake and Governor Caldecott were in correspondence with the Colonial Office in London regarding the grant of Independence to Ceylon. The Colonial Office would not hear of drafting constitutions while they were in the midst of a war and told D.S. bluntly that they had no draftsmen to spare.

D.S. had told them that he had draftsmen in Ceylon and would have the draft Order in Council prepared. And so it was agreed with peace on both sides. It is not necessary here to refer to the correspondence between the Governor and the Secretary of State for the Colonies which has already been published in the Sessional Papers of Government.

Villavarayan was expecting, as was his right, to be asked at any time, to begin the drafting of the Constitution. He had given up reading his Greek and Latin and was looking into treaties on constitutional Law and Cabinet Government. D.S. in the meantime, having told the Colonial Office that he would produce the goods, was putting the Criminal Investigation Department behind every draftsman to enable him to decide which man should be entrusted with the drafting and could be trusted to keep the drafting a top secret.

I heard this later from Sir Charles Collins who was, at that time Adviser to the Government on Administrative Changes. The Police dossier, I am told, ran something like this:

Villavarayan –               Classics man from Oxford.

Fernando –                    Oxford and Orient Club

Peiris –                            No Clubs

Abeysundera –              One-time Private Secretary to D.S.

Namasivayam –            Oxford, Grandson of Arunachalam

De Silva –                       Son of Geo De Silva, Member, State Council

Mahadeva  –                  Grandson of Ramanthan

I was also told that D.S. was reluctant to entrust the drafting to a clubman or a Tamil.One day, Legal Secretary Nihill summoned me and said that he had been instructed by the Colonial Office to draft the Constitution. He could not do it personally as he was not a draftsman. He asked me whether I was willing to undertake the task. I agreed provided I was relieved of all other work, in which case, I suggested he should speak to Villavarayan.

As he was about to take up the telephone, I got up to leave and he beckoned me to be seated. “It will be easier and less embarrassing”, he said. Villavarayan was reluctant to release me in view of the work I had in hand, and Nihill told him that this was a decision by D.S. and that this work was far more important and far more urgent than any major Bill. Villavarayan was forced to agree to my immediate release and I was gazetted as an Assistant to the Legal Secretary.

D.S. had asked that I be warned that if one line of what I was drafting leaked out, I would be “hanged by the neck.” Nihill asked me to lock up even my blotting paper whenever I left my room and gave me the key of his safe. I started drafting – Clifford Pereira’s (lawyer/astrologer consulted by Peiris) fifth correct forecast!

My instructions were quite clear. I was to keep strictly within the “documents in the case”. These were the documents usually known as the Ministers’ Draft, the Report of the Soulbury Commission, and the White Paper embodying the decisions of His Majesty’s Government as an officer on special duty in the Legal Secretary’s Department. I had nothing to do with the other matters that department normally dealt with.

In these circumstances, and in view of other distractions like the telephone, I asked Nihill whether it was necessary that the drafting should be done in the office. He said he didn’t care where I did the drafting. He wanted the draft as quickly as possible. My study at home now became my office and, about once in every two weeks, I came from Panadura to Hultsdorp to look up necessary references in the library. The fact that I was drafting the Constitution was kept secret by my colleagues.

I had undertaken responsible work and I had to be careful. Many were the times I drafted a clause and tore it up. In the face of D.S.’s threat to hang me, I was unable to consult any of my colleagues when I was in a drafting difficulty. I had to rely on myself. There was no one I could take into my confidence. I struggled alone, sometimes tearing sheet after sheet of foolscap.

Many small but difficult points arose for consideration. The Ministers’ Draft, which had been prepared by Sir Ivor Jennings, was in a most confusing form as a draft and, although it contained all the essential points, had to be entirely redrafted. It had to be divided into Parts, each Part coming into operation on a different day.

For example, one Part come into operation on the date on which the Order in Council was published in the Gazette, another, on a date to be appointed by the Governor being a date not earlier than nine months from the date of publication of the Order, another on an appointed date not later than the date on which the names of members elected to the first House of Representatives were published in the Gazette, and another on the date of the first meeting of the House.

The Royal Power of Veto with regard to Bills had not been exercised in the United Kingdom since the days of Queen Anne, but the Power, though not exercised, was in every Dominion Constitution. Should I go outside my instructions and include it? I decided to do so, but at the final revision, D.S. with his horse sense said “Why should we include a Power which has not been exercised” and deleted it.

And now, after months of dreary but interesting work, the draft was coming to an end. When it was completed, I borrowed a typewriter and typed three copies of it. I am no typist and all the work was done with one finger of each hand. This was a slow and painful business which took me a very long time as the draft went into 52 pages of foolscap. The spacing was sometimes wrong; the alignment of the paragraphs was not always correct; there was much miss-typing, but the typing at last came to an end and I was happy.

Apart from the difficulties of drafting, I had to contend with other difficulties. I was drafting at Panadura in wartime and my petrol ration for an Austin Eight was two gallons a month. Telegrams were still going between Nihill and the Colonial Office over the drafting and, one night, I was asked to come at once to the Galle Face Hotel where Nihill was staying, as an urgent telegram had come from the Secretary of State.

I told him I was unable to come as I had no petrol in my tank and there was no train which I could use. When I met him the next day., he thought it preposterous that I should be given only two gallons of petrol a month and wrote, with his own hand, a letter to the Petrol Controller saying that I was engaged on matters of high state which could not be disclosed and asking that I be given all the petrol I needed.

This was too precious a letter for me to part with and I held on to it for the duration of the war. Armed with a copy, I went to see the Controller. I have spoken earlier about courtesy in high places, for example, among the Supreme Court Judges. Now, to my surprise, I came across a small man in boots that were too big for him. On the way to the general office, I passed three notices which said prominently in red “No interviews today” and entered a working room presided over by the person I thought was the Office Assistant.

I saw a man walking among the clerks’ desks smoking a cigarette but he took no notice of me. I kept standing at a table until, at last, he came to me and said rudely “No interviews”. I asked him whether he was the Office Assistant and he repeated what he had said earlier. I repeated my question a little louder and he answered “Yes” in a very superior voice.

Speaking staccato, I said “If you are, read this. Here’s a copy for your file. I want the original. Send me twenty-five gallons’ coupons to the Legal Secretary’s Office” and left. Why cannot public servants be courteous when courtesy costs nothing? I have noticed that it is always the small man, promoted, who tries to throw his weight about. The big men are there because they are big and they know the rules.

I informed Nihill and Drayton that I had completed the draft. They were both happy and requested me to come to Nuwara Eliya in a few day’s time with five copies of the draft. I was asked not to stay at any hotel as I was carrying secret papers. I told Nihill that I had only three copies of the draft, that I had typed them myself and that it was impossible, within the time allowed, to type the two extra copies required.

Drayton was surprised when he heard that I had typed the draft myself. He said that typing was not my job and asked the Civil Defence Commissioner, Sir Oliver Goonetilleke, to give me immediately a confidential stenographer-typist who could be entrusted with a most secret job. O.E.G., ever ready to help, sent me his own man, Basil A. R. Candappa and, with Candappa at my house typing till four in the morning, we produced the required number of copies in time. The two extra copies were intended for D.S. and Jennings who were in the background.

When I had the five copies, I sent the following note to Drayton as Nihill had suddenly gone to England for a couple of days for consultations:

C. S.

On Mr Nihill’s instructions five copies of the draft Order-in Council have been typed. Mr Nihill left with me the annexed note re distribution of copies and asked me to hand all the copies to you.

Drayton minuted back: My dear Peiris,

Thank you. I have distributed accordingly. A good piece of work I think and now for the Elections O in C:

Yours sincerely

Robert Drayton

On Nihill’s return, I reported at Nuwara Eliya. Drayton and Nihill were at the Lodge. I was at Lakshmi Mahal, the residence of Mr Walter Salgado of Panadura, a fully furnished luxurious place with grand piano, which he was kind enough to place at my disposal.

My hours of work at the Lodge were from 9 a.m. till 7 p.m. with a break of one hour for lunch before which gin was served. At about 6 p.m. the whisky came round. My one regret was that when at last our labours had come to an end and I invited Drayton and Nihill over to my place for a drink, Drayton very politely refused saying that they should not put me to any trouble. Drayton scrutinized my draft with a magnifying glass and found few faults. Nihill, not having been a draftsman, was more or less silent unless a matter of law was being discussed.

After the whisky, with my papers in my bag, I used to drive to the Public Service Club as I was mentally tired and wished to have a game of billiards. When I reached the Club, I gave my bag to the Bar keeper to be locked up. My name was then put on the billiards board as a player waiting for a game. All the members of the Club knew that I was engaged in some official work – what the nature of the work was they did not know.

And, although my game was about midnight, each game being of half an hour’s duration, the members were kind enough to accommodate me. As soon as the first after my arrival was over, one of them who was down to play the next game would invite me to take his place, and this happened night after night, with the result that I was able to get back home for an early dinner and bed and be fresh for the next day’s drafting.

There was only one unfortunate incident – the club sponger. The membership consisted mainly of clerks but there was one ‘Staff Officer’ who played bridge and not billiards, and the bridge section was on the other side of the Bar. He had the knack and the habit of coming into the billiards section with an empty glass in his hand just at the moment when a round of drinks was about to be ordered. How he timed his visit was never found out and the poor, foolish clerks, in ordering the next round of drinks, which they could afford with difficulty, would include the staff officer.

The high-up would then collect his glass and return to the bridge room; and this process was repeated three or four times a day. I noticed this technique about my third day at the club and asked the clerks whether the old boy ever stood them a drink, His salary was five or six times theirs, and they said “Never”. I said “Watch it, chaps, next round” and held a pow-wow with the bar keeper. It happened as I expected; he came and stood, empty glass in hand.

From the high bench I raised my hand and the bar keeper brought a tray of drinks for everyone in the room, less one. Someone asked whose round of drinks this was and was told “Mr Peiris”. The tray was taken round and, when it came to serving the Staff Officer, the Bar Keeper skipped him. He went back to the bridge room and was not seen in the billiards section thereafter. I received the grateful thanks of the others for helping them to get rid of a pest.

The draft as finally approved by Drayton and Nihill had now to be submitted to D.S. who was being advised by Jennings. These secret meetings were held at Temple Trees which was not then what it is now. Jennings has related this part of the story elsewhere. We were all seated round a small oval dining room table and D.S., with Jennings to assist him went through the entire Order in Council clause by clause.

At times, D.S. was so suspicious about some phraseology that I had used that Drayton, Nihill and I felt that we were suspected of ‘cooking up’ the draft to give effect to some secret instructions received by Nihill from the Secretary of State. The fact was that the three of us were, strictly, agents for His Majesty’s Government while Jennings was agent for D.S. Whenever there was a slight difference of opinion among the lawyers on a question of legal interpretation, was it not natural for the layman D.S. to feel that his agent’s interpretation was the correct one?

There was no love lost between the two European officials, on the one hand, and the Vice-Chancellor, on the other. The native officials appeared to be there, like an air-cushion, to soften the blows. When after thrust and counter-thrust, complete agreement was reached by both parties, Candappa again typed the final wax sheets. This was necessary because, I believe, the Colonial Office required 15 copies.

The 52 wax sheets had to be carefully checked before they could be rolled off the machine, and that was a task I couldn’t handle single-handed.

Some outsider had to be taken into my confidence (there had been no leak and my neck was still intact) and that outsider had to be a person who was very good in his English, who was unlikely to go to a club and blab, and who, above all, had not the slightest interest in anything political. There was only one such I could think of – my friend Alexis Roberts who figures prominently in these Memoirs.

He lived at Auburnside at Dehiwala by the sea. On a full-moon night I took my wax sheets and went to him with a bottle of whisky. Stretched out on the lawn on a tarpaulin and cushions, the sea breeze keeping us cool and the whisky keeping us warm, he read the fifty-two pages of manuscript slowly with the aid of a reading lamp on a very long lead, while I kept my eyes glued on the wax sheets. The reading went on till four in the morning, with frequent intermissions, when we felt we had to wet the whistle if we were to survive.



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Features

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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Features

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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Features

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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