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Midweek Review

A mendicant nation

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by Usvatte-aratchi

Ediriweera Sarachchandra, the most celebrated man of letters in our country in the 20th century, wrote the prescient novel ‘With the begging bowl’. I have not read it but learnt that it was, in part, a reaction to his experience in Paris, where he was our ambassador and where Sri Lanka Aid Group annually met in those years. Why aid? Because our economy was crippled and we needed crutches to make the least move. The cause of the disease was our profligacy with so little effort to earn the income that we spent. I have written on these pages about this consistently undisciplined behaviour of ours, which we cover under the cloak of bad government. It is salutary to remember that in this country, unlike in dictatorships, government is us and the agents who activate our wishes are government. If our government acts irresponsibly, foolishly and as knaves, we must turn them out of office forthwith. The reserve of rights rests with the people and it is indeed our responsibility to throw out governments that behave as thieves, knaves and criminals – more easily said than done. Our governments are run by such knaves that a high dignitary in a church has been rightly able to publicly call a former President of the Republic to account and has gone unchallenged. They have been and are so common in our governments that it is not unreasonable to question our being able to govern ourselves responsibly. However, what is manifest is that we the people don’t realise that government acting in our name may lead us to ruin. One of the most admirable features of governments that ruled Germany after Hitler’s war, in which such unspeakable horrors were visited upon their own citizens and those peoples whom they conquered, is their acceptance of responsibility for those crimes. The reaction of the Ambassador of Germany here to a dangerous statement of a minister in this government is symptomatic of that behaviour. The ready acceptance of 1.2 million refugees in 2015-16, mostly Moslem, about 1.5 percent of its population by the people of Germany, I suspect, lies in the collective memory of the people of Germany that they poisoned to death, enslaved and chased away, among them so many of both ordinary and extraordinary achievements in their society. The recurring feature of our society is its inability to remember that year after year in the last 60 years or so, the rest of the world does not owe us a living and that we must live within our means, taking a few years moving one way or another. Those who governs us, whom we elect, have been more than willing to spend freely, if the expenditure included a packet of a few million dollars that would go into their bank accounts, maintained offshore secretly. We refuse to recognise the need for austerity, when bankruptcy stares in our face. We turn from one set of lenders to another and willingly accept conditions laid down by new lenders, our governments hiding behind a façade of blaming previous lenders. It may look smart, but in reality it is we the people who are forced to go a begging. We go abegging while those who run government wallow in wealth. A more blatant failure of principal failing to hold agent to account is hard to imagine.

It is not true that an economic entity, including a nation, cannot borrow and grow to be prosperous and strong. Experience does not support such contention. Young enterprises and well-established corporations borrow in the market and grow out of debt because with new resources they grow to be larger, stronger and more profitable. The huge market in debt in capital markets bears evidence of this. Lehman Brothers in New York City used to advertise ‘We were built of bonds.’ Enterprises borrow because the present owners do not want to dilute ownership and open themselves to the risks of changes in policy including those of merger and acquisition by allies of new owners. The fast dismantling of TWA airline is a case in point. A country that borrows and fails to grow out of debt runs the same risks, that creditors will determine its policies and even come to own parts of that country – that is in other words, a debt trap. Several countries in Africa run the risks of assets vital to it, running into the ownership of lenders. The government of Mahinda Rajapaksa undertook a policy of growing out of debt in 2010. That policy, in itself, was not unwise. Government investments grew rapidly, financed with debt. GDP at constant prices grew at rates above 7 percent in each of the years 2010 to 2014, if you believe their figures. That growth was built on higher government investment. The investments were in infrastructure. Those projects failed to give returns soon enough. The other constructions in Colombo were of a similar nature. In fact, they, including the Hambantota Port and the Beira Column, have failed to yield adequate returns yet, even now in 2021. The problem lay not in the strategy of growing out of growing out of debt but in the unwise choice of projects. That choice was perfect for China which was a savings surplus economy. At that time domestic savings in China was around 50 percent of its GDP. And foreign savings poured in steadily as investment. That part of domestic savings that did not go into domestic investment went into foreign investment, giving China a massive stock of foreign investments now totaling in excess of $ 4 trillion. That is sufficient information for one to see prima facie a case for long term investments: a far flung network of railways, aqueducts underground carrying water several thousand kilometers from Guangdong to Beijing, the three gorges dam and developing cities like Chongqing. That pattern did not fit Sri Lanka with domestic savings below 10 percent, little foreign investment and the balance of payments persistently in deficit, adding to indebtedness abroad: entirely the opposite of China. The problem lay not in the strategy of borrowing to grow out of debt but in the foolish choice of investments, which after nearly decade do not give a surplus to service those debts. We keep on borrowing to pay debt, not different from the Ponzi Game that Bernie Madoff went to jail for 150 years, where he died a few days ago. A Ponzi Game is one where debts due for repayment are repaid with new debt. It collapses when new debt does not come forth.

The Minister of Finance in 1965, U. B.Wanninayake, presented the Budget for1965-66 and observed that the country was living far beyond its means; the government was getting deeper and deeper into debt, and the foreign exchange reserves of the country were falling at an alarming rate.

“As at the end of June, 1965, the country’s net external assets amounted to Rs. 303 million … the outstanding short term liabilities of Ceylon payable in foreign exchange amounted to 292 million at the end of June 1965 ….

Ceylon’s external assets are now at a precariously low level…”

Deputy Minister of Finance G. L. Peiris presented the budget for 1997 said: ‘We are heirs to over 17 years of haphazard, lackadaisical economic set up, that had no consistent perspective and was merely content to exist from hand to mouth….

Concessional assistance in the form of project loans from multilateral and bilateral sources are estimated to increase… to SDR 321 million in 1996. …. gross international reserves of the country are likely to further strengthen to SDR 1,747 million in 1996 ….”

It reads like a comment on the present government. In 2020, Mahinda Rajapaksa, the Minister of Finance presented the budget for 2021. He showed little concern about the foreign exchange problem, devoting that subject a paragraph at the end of that part of the budget speech. Perhaps, he and his advisors considered it a problem manageable in the normal course of business. So have they shown so far in the year. However, those that see their way kilometers away rather than ‘viyath’, understand that the problem requires much more serious attention.

A few days ago, China graciously offered to us 600,000 vaccines produced in that country, and the President of the Republic himself went to the airport to receive them. A few months ago, WHO gave us some vaccines for which we did not have to pay. Several weeks earlier, India was very generous to offer us several hundred thousand vaccines, produced in their facilities. So, do we go begging for medications, that we need to keep the pandemic at bay. It is symbolic of our mendicity. In a way it has to be accepted. Those whom we respect most in our society are bhikkhu who beg for their food.

 

They depend on others to sustain them, (pindapatha) to give them clothing (chievara), to give them lodging (senasana) and to cure them when sick (gilanapratya) and perhaps in the back of our minds we expect other peoples to do that for us. Pie in the sky.

When I was young in the 1950s, every prominent building in Colombo had been designed and built by the British, when they ruled us. Parliament met in one such building and the most important departments of government were housed there. The current President has his offices in that building. It took more than 30 years to move to Kotte and Battaramulla. The first imposing building in Colombo that was built anew was the Central Bank building. Outside the western province, the only major project for which the government of Sri Lanka paid from its own funds was the Gal Oya Valley Project. It is now home to a thriving community. Buildings in the Peradeniya University – The Senate Building, the Arts Building, buildings for the faculty of engineering, the magnificent halls of residence (Hilda Obeysekera, Sanghamitta, Arunachalam, Jayatilleke, Marrs, James Pieris and Ramanathan) were put up by local construction companies. I recall the name Samuel & Sons, who in 1955, were giving final touches to the Arts Theatre (Room A) on Galaha Road. Why weren’t they and their successors given opportunities to construct? Late in the 1960s, I had some association with the Irrigation Department. Some of brightest engineers of the department were working on the preliminary plans and designs of the Mahaweli Project. There was incessant talk about the importance of local construction companies working with foreigners in all aspects of the projects, including designing and construction. We seem to have thrown aside that wholesome practice and now even unskilled labour is imported. Perhaps, that practice is an integral part of the contract to lend as is the practice of bribing local politicians.

When I step out of my house in Colombo all I see are structures put up by Chinese, some of them gifts from the Chinese. The massive structures of Jetavanarama, Ranmali (Sonnamali is the Pali term; it has nothing to do with ruvan veli, gems and sands) seya and other structures leaves anyone, who can imagine the marvels of those constructions, in awe. Now we cannot build our own National Hospital. Those achievements make it sharply painful to step out of one’s house in Colombo now only to see foreigners build the simplest constructions for us. It takes a particular kind of folly to laugh at foreigners that were nowhere near us in their achievements, 700 years ago, and now go begging to the same barbarians for help to survive.

I have rambled on a bit. Therefore, let me sum up what I said. We are and have been indebted to the rest of the world, for many decades. That is fundamentally because we have used more resources than we produced. To live at standards that we have enjoyed so far and to pay back the accumulated debt, we must either temporarily go into austerity or grow fast enough to spend as we have done so far and at the same time earn a surplus to pay back debt. There seems little desire for belt tightening. It is foolish to expect that the rest of the world owes us a living, as the bhikkhu sangha does from the laity. To grow fast, we must not invest in projects with long gestation periods. The change in patterns of demands in external markets and new technology for production has made it feasible to for economies to invest and obtain results in a few years. Those products are usually for export. To do that we do not need infrastructure development so much as good policies. That seems too far for our leaders either to grasp or to reach.



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Midweek Review

India’s role in re-moulding the SAARC

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Making sense of regional integration in South Asia:

 

By Dr Srimal Fernando

Regional integration and cooperation have proven to be vital in dealing with political and economic challenges that cannot otherwise be dealt with effectively

In a national context, India’s unique positioning in the South Asian region has influenced the responses of the other South Asian Association for Regional Cooperation (SAARC) member states regarding regional cooperation. Hence, South Asian Association for Regional Cooperation SAARC’s strength and effectiveness are reliant not only on the organization’s institutional capabilities but also on the stableness of the member states that are less powerful and the security issues that appear at both the regional and extra-regional levels. For the South Asian region to attain successful regionalism, the less powerful countries in the region will need to espouse India’s power. Given that the South Asian nations share close cultural, historical and social ties, it becomes almost impossible to isolate them. In South Asia, India controls a greater proportion of the trade surplus and informal trade with other nations in the region. It can be debated that India’s policies on regional cooperation and SAARC has been symbolic of a worldwide approach in addressing the problems in a region.

India’s strategic location could provide the impetus required for promoting meaningful regional cooperation. Hence, India should renew its interest in promoting the agenda for regional cooperation and also engage in developing greater ties with other SAARC member states. Given India’s power, it can cause significant implications for SAARC’s political and economic structure. Hence, it is vital that India proactively advances both inter-regional as well as intra-regional integration in the economies of the region. A close evaluation of SAARC’s context indicates that there is insufficient commitment amongst its member states in pushing forward the regional integration agenda.

 

India and the South Asian Regionalism agenda

In South Asia, India is seen as a major player in the sphere of promoting initiatives for regional cooperation. Interestingly, the concept of establishing a regional identity in South Asia to boost intra-regional cooperation can be traced back to the endeavours of pre-independent India. India’s foreign policy had been progressively shaped by the Non-Alignment principles from the time of the Afro-Asian movement in achieving its objectives. Subsequently, this Nehruvian approach to regionalism has been succeeded by new regionalism in South Asia, which has seen a redirection in India’s approach towards this concept. India was also part of the Bandung Conference of 1955, which predominantly is considered to have paved the way for regional cooperation in Asia and South Asia. Subsequently, over the years, India has taken an active role in the SAARC initiatives.

Consequently, India recognized the proposal made by President Ziaur Rahman of Bangladesh for the creation of a regional platform which identified numerous areas of cooperation. The establishment of SAARC came to be seen by India as a remedy to the strained political posture in South Asia, and since then, India has emerged as an influential member state of the organization. Nevertheless, finally India was convinced about the potential economic advantages that cooperation could bring about by merging most of the South Asian economies at that time. Although the areas of cooperation were limited to a few spheres such as technical cooperation during the initial years of forming SAARC, India subsequently came to fully accept and support the proposal for founding SAARC.

Eventually, given India’s strategic importance in the region, it became crucial for the country to actively participate in the joint initiatives for cooperation in the region. A striking feature of the region’s political and economic dynamics has been India’s political and economic dominance in contrast to the unequal levels of development among the other SAARC member nations.

 

India and Regional Economic Integration in South Asia

India’s economic dominance over the rest of the SAARC member states can be crucial in unifying the rest of the South Asian nations under a single umbrella. Given India’s role in promoting trade and attracting foreign direct investment, it can be said that regional integration has been an essential part of its foreign policy. This is notably significant to India, given that the dynamics of globalization and cross-border value chains are crucial for a state’s economy.

India’s magnitude as well as its economy, which is the largest in the region, provides the country an advantage over the other member states of SAARC. India has a Gross National Product (GNP) which is almost three times the total national product of the other SAARC member states. Being a vital player in the region in advancing regional prosperity and in reviving SAARC, these elements have vested India with high prospects. Subsequently, this has led India to be actively engaged in fostering regional cooperation through numerous endeavours to promote growth and development in the region. This has been further assisted by India’s strategic positioning which makes it possible for the nation to trade with its neighbours. Notably, India accounts for 80 percent of all intra-regional trade in South Asia.

In spite of these developments, the disproportionate distribution of trade advantages, that frequently favours India owing to its economic supremacy, has caused inequalities among the SAARC nations. Consequently, the prospects of India playing a leading role in fostering regional growth and development have been riddled with suspicion and fear of India’s dominance over the smaller and weaker economies of SAARC. Moreover, there exists immense prospects for improving political and economic ties amongst SAARC member states and the rest of the world. Accordingly, one of the critical developments in regional politics in the past three decades can be considered to be the emergence of regional cooperation institutions such as SAARC. Hence, nearly all of the South Asian countries have been encouraged by this development to embraced regionalism. However, the extent to which India and the SAARC nations can remain committed towards implementing regional initiatives under the SAARC framework is yet to be seen, given the rapid proliferation of regional arrangements and manifold memberships between India and the rest of the SAARC nations within such arrangements.

 

New Regionalism in South Asia

A close evaluation of SAARC indicates that there is insufficient commitment among its member states towards pushing forward the regional integration agenda. However, despite many challenges, SAARC’S continued existence for over three decades since its formation provides new prospects for improving the organization. Hence, it is vital that India takes on an active role in advancing initiatives in the region as a mode of reaching high GDP rates and trade growth.

In addition, given that the South Asian region is considered to be one of the least integrated regions of the globe, it is crucial that India is robust in promoting both inter-regional as well as intra-regional integration in the economies of South Asia.

About the Author

Dr. Srimal Fernando received his PhD in International Affairs. He was the recipient of the prestigious O. P Jindal Doctoral Fellowship and SAU Scholarship under the SAARC umbrella. He is also an Advisor/Global Editor of Diplomatic Society for South Africa in partnership with Diplomatic World Institute (Brussels). He has received accolades such as 2018/2019 ‘Best Journalist of the Year’ in South Africa, (GCA) Media Award for 2016 and the Indian Council of World Affairs (ICWA) accolade. He is the author of ‘Politics, Economics and Connectivity: In Search of South Asian Union’

 

 

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Midweek Review

House seeks public views on ‘the role of an MP and aspirations of the people’

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Speaker Karu Jayasuriya, MP, at the inauguration of a three-day capacity building programme for the Staff of Secy Gen of Parliament, at CITRUS Hotel, Waskaduwa, in early March 2016. The USAID funded the programme meant to promote much touted good governance. Training of parliament staff was part of an overall project worth Rs 1.92 bn.

By Shamindra
Ferdinando

Sri Lanka’s parliamentary democracy is in deepening turmoil. Political parties are in disarray, with the country’s two major political parties – the United National Party (UNP) reduced to just one (National List) and the Sri Lanka Freedom Party (SLFP) 14 (one National List/13 on the Sri Lanka Podujana Peramuna (SLPP) ticket), respectively. Leaderships of those parties have caused so much damage to their parliamentary groups, over the years, that both are unlikely to recover for a long time.

Unfortunately, the SLFP’s offshoot the SLPP, and the breakaway UNP faction the Samagi Jana Balavegaya (SJB), too, are struggling to cope up with the deteriorating political environment. Overall, the country is in disorder with political parties, beset by internal conflicts, pulling in different directions, whereas the status of the Parliament remains questionable.

Lawmaker Dr. Wijeyadasa Rajapakse’s assertion that Parliament is the most corrupt institution in the country cannot be dismissed. The declaration made by President’s Counsel Rajapakse, in response to a query by the writer, at a media briefing, called by him, at the Sri Lanka Foundation (SLF), in June 2019, highlighted the unprecedented crisis. Having made that declaration, as a UNP lawmaker, Wijeyadasa Rajapakse’s own political future, as a member of the ruling SLPP, is uncertain today against the backdrop of him moving the Supreme Court against the Colombo Port City Economic Commission Bill – whatever the court ruling may be. In a way, one-time BASL (Bar Association of Sri Lanka) President Wijeyadasa Rajapakse’s plight reflected the growing instability and insecurity, in general, mainly brought on by the unprecedented pandemic, in living memory, but amplified by the unabated immoral political shenanigans.

The whole political setup seems to be in a dilemma. The House couldn’t have picked a better time to launch the second volume of an academic journal, titled ‘Parlimenthu Sara Sanhitha’, to discuss a range of topics which dealt with parliamentary matters. The themes are (1) Constitution and Amendments to the Constitution (2) Representative Democracy and the Committee System (3) Legislative Functions of Parliament (4) Parliament and the Endowment of its Citizens (5) Standing Orders, Members’ Conduct and Parliamentary Procedures (6) Electoral System, the Parliament and Public Outreach (7) Parliamentary Reporting and Mass Communications (8) Sustainable Development Goals and the Parliamentary System (9) New Trends in Sri Lankan Women Politics and finally (10) The Role of an MP and Aspirations of the People.

The Communications Department of the Parliament called for submission of articles, in all three languages (3,000 to 5,000 words each), to: journal.slparliament@gmail.com by, or before, May 21, 2021, after having informed the relevant officer, handling the project, on weekdays, on 0112 777328, of their desire to furnish articles.

The writer feels the entire gamut of issues, at hand, can be addressed by dealing with only the final topic: ‘The Role of an MP and aspirations of the People.’ The Communications Department assured those interested in submitting articles that their work would be reviewed by a panel of experts.

Sri Lanka’s parliamentary democracy is at a crossroads, with the SLPP bent on further consolidating executive powers, whereas the other political parties sought to dilute the powers enjoyed by the President. The Role of an MP and aspirations of the people, or any other relevant topic, cannot be discussed unless all stakeholders acknowledge the failure on the part of Parliament to fulfill its two primary obligations. There is no point in denying the fact that Parliament pathetically failed to ensure financial discipline as well as enactment of required laws to combat it. If Parliament achieved its objectives, or at least, made a genuine effort over the years, there wouldn’t have been a need for projects such as ‘Parlimenthu Sara Sanhitha.’ Would the expert panel accept the brutal truth?

 

Timely setting up of Communication Department

Can Parliament, as the supreme law-making institution, absolve itself of the responsibility for the deterioration of every sector, through sheer negligence? Thanks to the setting up of a proper Communication Department, the public, to a large extent, gets to know what is going on. The Communication Department, so far, has dealt quite professionally with proceedings of the COPE (Committee on Public Enterprises), COPA (Committee on Public Accounts) and the Public Finance Committee (PFC) thereby giving the public a clear idea as to what is really going on. The coverage of COPE, COPA and PFC proceedings disclosed a pathetic state of affairs. Waste, corruption irregularities and negligence seem to be the order of the day.

Let me briefly discuss the shocking revelation made by COPE proceedings on Feb 12, 2021, just to underscore the public dilemma. COPE examination of the Education Ministry reveals that the National Child Protection Policy is yet to be implemented though the National Child Protection Authority (NCPA) has been in existence since 1998. COPA Chairman Prof. Charitha Ratwatte, serving his first term as a National List lawmaker of the SLPP, stressed the need to implement it without further delay.

According to a statement issued by former journalist Shan Wijetunga, Director, Communications Department, COPE directed Education Secretary Prof. Kapila Perera to expedite the process. During the proceedings, the revelation of the failure on the part of the NCPA to furnish its 2016, 2017, 2018 and 2019 annual reports to Parliament, is also a grave embarrassment. The Education Ministry owed an explanation how NCPA, an institution under its care, brazenly neglected its responsibility. Would you believe the NCPA’s Legal Section comprised just two employees and just one to handle complaints? The COPE placed the number of complaints that hadn’t been addressed, by January 1, 2021, at a staggering 40,668.

Perhaps ‘Parlimenthu Sara Sanhitha’ should include an additional topic to address the plight of the hapless children for want of a responsible Parliament. Can Parliament explain how it failed to take remedial measures in respect of NCPA? Let me stress, The Island dealt with the Feb 12 COPE proceedings only. If one examined the entire lot, the public would curse those who had served successive governments over the years. The NCPA/Education Ministry’s failure seems relatively light when compared with the shoddy handling of almost all other key ministries.

Against the backdrop of such poor performances by Parliament, the House itself should examine a high-profile costly project, implemented by the US Agency for International Development (USAID), during previous administration. The USAID was launched in late Nov 2016 with a Rs. 1.92 billion (USD$13 million) partnership with the Parliament of Sri Lanka to strengthen accountability and democratic governance in Sri Lanka.

According to the American aid agency, the three-year Strengthening Democratic Governance and Accountability Project (SDGAP) was meant to improve strategic planning and communication within the government and Parliament, enhance public outreach, develop more effective policy reform and implementation processes, and increase political participation of women, and underrepresented groups, in Parliament, and at local levels.

Nearly two years after the conclusion of the project, wouldn’t it be necessary to examine whether the USAID project did any good? Did the USAID project make a tangible change? If not, who benefited from the Rs 1.92 bn project? These questions need answers. Perhaps, the issue can be dealt by some of those who will contribute to ‘Parlimenthu Sara Sanhitha.’

 

Why not examine the Rs 1.92 bn

USAID project?

Karu Jayasuriya, who accepted the USAID project, in his capacity as the Speaker, at that time, (with the consent of the then President Maithripala Sirisena’s SLFP), owed an explanation as regards how US funding benefited the country. Interestingly, KJ today heads the NMSJ (National Movement for Social Justice), the brainchild of the late Ven. Maduluwawe Sobitha, who spearheaded a political campaign that brought the Mahinda Rajapaksa government down. Prof. Sarath Wijesuriya took over the NMSJ, in the wake of Ven Sobitha’s demise, in early Nov 2015, before giving up the post to pave the way for KJ. The civil society organization NMSJ accommodated KJ in the wake of the former Speaker quitting active politics. But the irony is, it must be noted that NMSJ, too, is involved in anti-government politics to its neck.

‘The Role of an MP and Aspirations of the People,’ the last topic offered by Parliament to those interested in contributing to ‘Parlimenthu Sara Sanhitha,’ would be an ideal opportunity to discuss how the political party system mercilessly failed the country. While the vast majority of people struggled to make ends meet, the political class, and their crowd, enjoyed life at the expense of the national economy. Political parties plundered the country with impunity, regardless of the consequences.

The deterioration of parliamentary standards today cannot be compared with any particular post-independence period. That is the undeniable truth. It would be pertinent to mention that lawmakers should be held accountable for massive waste, corruption, irregularities as well as negligence revealed by COPE, COPA, and PFC. Examine how the mega sugar duty scam, perpetrated by the incumbent administration, cost the Treasury dearly. Can the Finance Ministry absolve itself of responsibility, whoever ordered it do so?

Serving Attorney General Dappula de Livera, PC, recently commented on the role of the judiciary, vis-a-vis the Executive and the Legislature. Both the Executive and the Legislature should take note of the President’s Counsel’s assertion. The courts had quite justly come to be regarded as the sentinel over the powers of the legislature and the executive in Sri Lanka in order to safeguard the rights of the citizen, under the law and the Constitution, the Attorney General Dappula de Livera has said on March 23, at the ceremonial sitting of the Court of Appeal.

The ceremonial sitting was held to welcome, His Lordship Justice Arjuna Obeysekere as the President of the Court of Appeal, Her Ladyship Justice Menaka Wijesundera, their Lordships Justice Nihal Samarakoon, Justice Prasantha de Silva, Justice Mohamed Laffar, Justice Pradeep Kirthisinghe, Justice Sampath Abayakoon and Justice Sampath Wijeratne as Judges of the Court of Appeal.

Just a week after the AG’s extraordinary declaration, at a ceremonial sitting many an eyebrow was raised when he had to intervene in respect of a Colombo High Court ruling, pertaining to two narcotics cases.

The PC moved the Court of Appeal in revision of two bail orders of the Colombo High Court 04 as regards detection of 65 grams and 485 grams of heroin.

Following the AG’s intervention, the Court of Appeal stayed bail being granted to the suspects. The AG intervened after a State Counsel assigned to Court No 04 challenged the granting of bail.

Of the seven High Courts in Colombo, two Courts, namely No 04 and 05, have been assigned the additional task of dealing with bail applications.

Newly appointed Court of Appeal judge Menaka Wijeyasundera issued the stay order pending further investigations. The Attorney General’s Department examined the cases pertaining to bail applications handled by both Colombo High Courts before the intervention was made.

Democracy cannot thrive unless the Executive, the Legislature and the Judiciary work for a common agenda. The much-touted ‘One Country, One Law’ concept would never be a reality if the Executive, Legislature and the Judiciary pulled in different directions, whoever wielded political power. In the absence of a common objective to lift the living standards of the public, in a stable environment, whoever exercised political power, the country will remain in simmering turmoil.

If one genuinely examines the topics acceptable to ‘Parlimenthu Sara Sanhitha’ he or she will quickly realize the entire parliamentary system is in a mess. In spite of introducing 20 Amendments to the President JRJ’s dictatorial Constitution enacted in 1978, the very basis of the law is mired in controversy. And in some cases, the role of lawmakers has been questioned.

 

Ranjan’s removal et al

SJB lawmaker Ranjan Ramanayake losing his Gampaha district parliamentary seat, over contempt of court charges, the arrest of All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen for allegedly aiding and abetting, Easter Sunday bombers, the CID investigation into a complaint as regards SJB National List lawmaker Diana Gamage’s nationality, controversy over SLPP lawmaker Premalal Jayasekera, sentenced to death over 2015 killing, taking oaths, dismissal of murder charges against Minister Janaka Bandara Tennakoon, MP Sivanesathurai Chandrakanthan alias Pilleyan as well as termination of proceedings by the Attorney General and CIABOC in respect of several other lawmakers highlighted the crisis the country is in.

The fact that the incumbent government enacted the 20th Amendment to the Constitution with the backing of the ACMC, as well as the SLMC, whose leader and Attorney-at-Law Rauff Hakeem has been pictured with Easter Sunday carnage mastermind Zahran Hashim’s brother, Mohammed Rilvan, recuperating in a hospital from injuries he suffered while testing a bomb in 2018, painted a bleak picture. High profile accusations and still unanswered questions raised by SJB lawmakers, Manusha Nanayakkara and Harin Fernando pertaining to alleged involvement of some members of the intelligence services in the Easter Sunday carnage, shocked the community. Such accusations should be examined. Sri Lanka paid a very heavy price for turning a blind eye to the Tamil National Alliance (TNA) recognizing the Liberation Tigers of Tamil (LTTE) as the sole representative of their community. Parliament never bothered to raise this issue with TNA. How come a recognized, political grouping recognized proscribed organization as sole representative of their community. Perhaps, the now banned National Thowheed Jamaat (NTJ) tried similar tactics, in 2015, when it sought to infiltrate Parliament. The NTJ secured an electoral alliance with the UNP-led political alliance, ahead of the 2015 general election, and was cunning enough to secure a National List place for one of Sri Lanka’s richest traders, Mohammad Yusuf Ibrahim, whose sons, lham and Insath carried out the bombings of the Shangri-La and Cinnamon Grand hotels.

The Parliament, as the lawmaking institution, should undertake a genuine examination of its shortcomings. The House should discuss ‘ The Role of an MP and Aspirations of the People’ the last topic offered by ‘Parlimenthu Sara Sanhitha’ as part of the overall efforts to streamline the parliamentary process.

The political process, adopted in respect of the 17th, 18th, 19th and 20th Amendments, revealed that such politically motivated strategies wouldn’t work. Those seeking to enact a new Constitution should realize that the passage of a new Law, only on the basis of a two-thirds parliamentary majority, wouldn’t ensure the much desired political stability, especially in the face of the daunting Covid-19 challenge. All four above mentioned Amendments were introduced as part of a political strategy, pursued by those in power at the time of the enactment.

Some of those who voted in early 2015 for the 19th Amendment, depicted as the panacea for Sri Lanka’s ills in 2020 backed the 20th brought in at the expense of the previously enacted Amendment. Beleaguered former President and SLFP leader Maithripala Sirisena excused himself from voting for the 20th Amendment last Oct, whereas his MPs did. The SLPP has no qualms in securing the passage of the 20th Amendment with the backing of the SLMC and the ACMC, having lambasted them in the run up to the 2019 presidential and 2020 general election.

Those exercising parliamentary powers and privileges should realize that real power can be achieved through genuine consensus. Political tools, such as urgent bills, will only serve limited purposes and even if succeeded in depriving the Opposition, the civil society and the media from playing their classic role, there cannot be certainty in the final outcome. Parliament should take note of the BASL statement, dated April 15, issued by BASL Secretary, Rajeev Amarasuriya, in respect of the Colombo Port City Economic Commission. Let me produce the relevant section verbatim. It stated: “On the 8th of April 2021, just fifteen (15) calendar days after the publication of the Bill in the Gazette, the Bill was placed on the Order Paper of Parliament. In terms of the Constitution, a citizen intending to challenge the constitutionality of a Bill has to do so within one week from the Bill being placed on the Order Paper of Parliament.

The Executive Committee of the BASL is extremely concerned about the limited time given for scrutiny and discussion of this important Bill, as well as the timing of placing the Bill on the Order Paper of Parliament, which was after the suspension of sittings of the Supreme Court, a time when many members of the legal profession are unavailable. Furthermore, the period of one (1) week within which such a Bill could be challenged before the Supreme Court to determine its constitutionality, included not only the weekend but also three public holidays. Thus, the members of the public have been deprived of a meaningful opportunity to scrutinize the Bill and to discuss its merits.”

The way Parliament handled the 2015 and 2016 Treasury bond scams and the shocking revelation that some lawmakers, on both sides, received donations from the disgraced Perpetual Treasuries Limited (PTL) tarnished the image of the House beyond salvation. Having funded a high profile good governance project, the USAID totally turned a blind eye to the Treasury bond scams! So, we will end this with the warning written by Virgil more than 2000 years ago; “Beware of Greeks bearing gifts”.

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Midweek Review

CAS for our secondary school students   

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by Anton Peiris
B.Sc. (Ceylon), PGCE (Kenya), M.Sc. (London ), DAES (York). Emeritus Coordinator, International

Baccalaureate, Switzerland.

 (Reduce O/L STRESS (continued): The package of 7 subjects plus computer skills plus CAS is designed to impart an all-round education.)

CAS was introduced to 10 schools in Europe, the UK and North America by the International Baccalaureate Organisation in 1970.  By 2010 it had spread to more than 5,000 Secondary and High schools worldwide. Now it is Sri Lanka’s turn to introduce it. CAS should be compulsory for all Senior Secondary students (i. e. Grades 10 – 12).

It is something that is done outside school hours.

 

C = CREATIVITY : 

That is, learning to play a musical instrument or taking lessons in oriental dancing or Art or Music or taking part in a theatre production or singing in a choir or doing Painting or Sculpture or pursuing a Hobby like stamp collection or carpentry or metal work or motor mechanism or photography or aeromodelling or playing chess or bridge or poker, etc.

 

A = ACTIVITY: 

Playing cricket or football or basketball or badminton or tennis or netball or volleyball or hockey or swimming or athletics or any other sporting activity.

 

S = SERVICE  : 

For example, giving Tuition in English or Mathematics to a weak student from a poor family or to a handicapped child for free ( no fees charged ) for 45 minutes during a weekend or baking a cake to sell the cake slices at a fundraising event for a worthy cause or visiting an orphanage occasionally and playing a musical instrument to entertain the poor orphans or taking a handicapped person (in a wheelchair) to the cinema, or visiting a handicapped or old or retired  person or couple living alone and reading a short story to them or informing them of the local / international news items once a month, etc. That is, to undertake a project that often involves community service. 

It is not necessary to do a Service activity every week. The aim should be to do it at least three times during the year.

The students playing for the school cricket team or any other sports team have already fulfilled their Activity component of CAS. Similarly, the students who are members of the school band or dramatic society have already fulfilled their Creativity component. If a group of students take part in a particular community service project, then all the members of the group have fulfilled their Service component. 

Some students take part in Service projects in their Temple or Church. These also count as Service activities for CAS.  

It is the duty of the teachers to provide the students with some guidance on the choice of suitable Service projects. CAS should be an enjoyable experience for the students.

CAS should be monitored by the school for each student. Each school should appoint at least one CAS Coordinator, i.e. a competent teacher. He/she should not be a full-time teacher because it is a post of responsibility requiring many hours of work per week both inside and outside the school hours. A CAS Coordinator should be paid a salary equivalent to that of a Deputy School Principal. 

The CAS Coordinator must ensure that, at the end of Grade 11, every student has worked on Creativity, Activity and Service for at least one year.

There is a school in Sri Lanka that has a strong CAS programme for A / L (IB) students: The Overseas School of Colombo in Battaramulla. The senior officers of the Ministry of Education should visit this school and meet the CAS Coordinator.   

About 35 years ago, a teacher in the Overseas School of Colombo discovered that a village school, a few kilometres away from Battaramulla, had only a well and no tap water and there was no pipe borne water nearby. A CAS project was organised to provide the school with a water pump, a water tower and tank. To raise the required money, the students organised bake sales, staged a theatre production, donated part of their pocket money and solicited donations from parents and their employers.

A parent who was a civil engineer drafted the plans and a group of Advanced Level (IB) students spent a few hours during their weekends mixing cement, bricklaying, etc., (all under expert supervision ). Senior students in the village school also took part in the manual work. The project was completed and the school had tap water in the school premises. The grateful village headmaster brought the OSC students and their CAS Coordinator in Perahara with drummers and Kandyan dancers for the opening ceremony. 

Those OSC students (most of them foreigners) not only fulfilled the Creativity and Service components of their CAS requirement but also acquired an ‘awareness of a common humanity and social responsibility ‘.

CAS will provide our students with the joys of childhood and school life that they have missed and also equip them with qualities like empathy and love of neighbour. 

Long live CAS! 

 

(To be continued.

Next instalment: A solution to the problem of extra heavy School Bags. The writer has taught O/L, A/L and IB mathematics and physics for 45 years in Sri Lanka, Kenya and Switzerland.) 

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