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Editorial

Docs, politicians and shamans

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Friday 18th December, 2020

Many Sri Lankans are likely to miss the rare celestial dance of Jupiter and Saturn next Monday, due to bad weather, etc., but they need not worry. They have already witnessed something extremely rare: doctors and the Minister of Health have seen eye to eye. The Government Medical Officers’ Association (GMOA), which is not at peace with the Health Ministry, has praised Health Minister Pavithra Wanniarachchi. It is happy that she has sacked the members of the Sri Lanka Medical Council (SLMC). If only they agreed on other issues as well for the sake of the ordinary people, who suffer immensely due to trade union disputes in the health sector.

One may not contest or endorse the GMOA’s position on the SLMC sackings, which have however been condemned in some quarters, but one is puzzled by the government’s thinking. One of the reasons given for the removal of the SLMC members is the alleged registration of some persons without requisite qualifications as doctors. The GMOA has said so, according to a news item we published yesterday. Out of curiosity, one seeks an explanation from the Health Minister.

Health Minister Wanniarachchi was recently seen swallowing a spoonful of herbal syrup prepared by a kapuwa (custodian of a shrine), who flaunts it as a miracle potion capable of killing coronavirus, of all things. Thereafter, thousands of people went running to his shrine, where he distributed the decoction free of charge. In so doing, they threw caution to the wind and exposed themselves to the virus. Thus, the Health Minister seems to think that knowledge of medicine is not necessary for a person to find a cure for COVID-19, which has befuddled the entire global scientific community. How can anyone who promotes untested ‘remedies’ produced by shamans question the eligibility of those who fail to enter local medical faculties but graduate from foreign medical schools? Most of all, how would the Health Minister reconcile her willingness to rely on untested, homemade herbal brews, and practices such as dumping clay pots into rivers in trying to tackle the pandemic, with the government’s claim that it has sought to raise the standards of the medical profession, among other things, by getting tough with the SLMC?

Several MPs were also seen drinking the shaman’s decoction at the Parliament complex, the other day. Some doctors within the government ranks have said that the educational qualifications of the person who claims to have found the so-called cure for COVID-19 are immaterial, and what really matters is the ‘remedy’. A minister has sought to defend the shaman by asking whether anyone questioned the educational qualifications of Newton, who came up with the theory of gravity after a falling apple bonked him on the head. He seems to think Newton was an ordinary person who had that epoch-making aha moment solely because of the shock from the apple. Such politicians should be made to sit under coconut palms with mature nuts about to fall so that they, too, will get their aha moments, or the public will be relieved of the burden of maintaining them.

How can the politicians who fall for the claims of shamans hook, line, and sinker argue that the public will be in great peril unless restrictions are imposed on the registration of the medical graduates from foreign universities as doctors?

We are not arguing that all foreign qualified medical graduates should be registered with no questions being asked about their educational qualifications. Instead, ours is an attempt to point out that the government policy and action anent the SLMC and the professional standards of doctors is full of contradictions.



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Editorial

Problem of being POTUS Biden

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Saturday 13th July, 2024

US President Joe Biden is in the news for all the wrong reasons, ranging from his backing for Israel, which is wreaking havoc on Gaza, and his unconditional support for Ukraine, which is ruining itself by fighting a proxy war against Russia at the behest of NATO. Pressure is now mounting on him to leave the presidential race owing to a string of gaffes and other signs of memory lapses, the latest being his slip-up during a presser, where he spoke to reporters about continued NATO support for Ukraine; he referred to Ukrainian President Volodymyr Zelensky as President Putin much to the astonishment of all those present. Biden promptly corrected himself, saying jokingly that he was so focused on beating Putin that he had erred, but the press and the US public were far from amused. His accidental falls, which are many, confused state of mind, gaffes, etc., have prompted the Americans to ask if he is mentally and physically fit enough to serve another term. Even the Democrats have expressed serious doubts about his eligibility to recontest.

Chances are that the Democrats will find it extremely difficult to allow Biden to run for President again, and they may even be compelled to opt for some other candidate, given his appalling performance in a recent debate with his arch rival, Donald Trump. Paradoxical as it may sound, Biden has become an invaluable political asset to Trump; his signs of failing mental and physical health have distracted public attention from Trump’s deficiencies and wrongs, which are legion. If Trump had faced a Democrat of the calibre of Bill Clinton or Barack Obama in the debate, his fate in the presidential race would have been sealed then and there.

Biden is determined to contest, but he is coming under increasing pressure to undergo detailed cognitive and neurological testing. He has the same determination as Sri Lankan politicians to cling on to power. Obviously, his kitchen Cabinet does not want him to call it quits.

The real question however is not whether Biden is mentally and physically fit enough to seek re-election; instead, it is whether the US would have done differently on his watch if he had been free from the mental issues he is allegedly grappling with. Whenever one watches, on television, the ongoing carnage of Palestinians in relentless Israeli attacks, one wonders whether all those who support the Gaza invasion are of sound mind, much less of good moral character which they claim to possess. Would any other US President have stepped in to stop the massacre of civilians including children, in Gaza? Biden’s predecessors were no different. Bloody military coups and wars that the US has engineered to further its geo-strategic and economic interests at the expense of tens of thousands of lives in other countries make one wonder whether the American Presidents who presided over them were of sound mind. Even Clinton and Obama, who was given the Nobel Peace Prize even before he was ensconced in office, unflinchingly backed the destruction of life and property on the pretext of protecting democracy and combating terrorism.

Most of all, if Biden is not mentally fit enough to seek re-election, as many Americans including Democrats are said to believe, the question is whether it is advisable to allow him to continue to serve as the President of the most powerful nation on earth until November 2024. There are situations where Biden confuses wars. He has recently referred to the Ukraine war as the Iraq war. A wag asks what would happen if he ever mistook the nuclear button, which is said to be on his desk, for some other switch?

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Editorial

Forgotten flaws in laws

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Friday 12th July, 2024

The government is going hell for leather to resolve some constitutional ambiguities as regards the length of the presidential term, etc. Now that the Supreme Court has determined that the duration of the President’s tenure is five years, the matter could be considered closed.

The government is apparently trying to use the constitutional amendment on the anvil to bolster its claim that it had nothing to do with the abortive fundamental rights petition that sought to delay the next presidential election on the basis of a non-existent constitutional issue. However, there is a pressing need to rectify some real flaws in the Constitution and make new laws to safeguard democracy. The Parliamentary Elections Act should also be amended to prevent it being used to circumvent a vital constitutional provision pertaining to the people’s franchise.

A chronic flaw in the Constitution allows political party leaders and their cronies to undermine the people’s franchise. It enabled Ranil Wickremesinghe, who lost his seat in the 2020 general election, to enter Parliament via the National List (NL) and become the President. Even a person who has never contested a parliamentary election can enter Parliament by having an NL vacancy created; worse, it is possible for him or her to become the President in a situation like the one we experienced in 2022. Hence the need for a constitutional amendment to prevent the misuse of the NL mechanism.

A questionable change effected to the parliamentary election laws about 36 years ago has had a corrosive effect on the Constitution, especially the people’s franchise, which is a fundamental component of representative democracy. That abominable provision has enabled the political parties to bypass the Constitution and appoint individuals of their choice to Parliament as NL members.

As we have pointed out in a previous editorial comment, Article 99A of the Constitution allows only the persons whose names are included in the lists submitted to the Commissioner of Elections or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at elections to be appointed to Parliament via the NL. In 1988, the then UNP government introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL and the people’s sovereignty.

The Parliament Election Act of No 1 of 1981, as amended in 1988, allows ‘any member’ of a political party to be appointed to fill an NL vacancy. After parliamentary elections, political parties appoint their NL members as prescribed by the Constitution, and thereafter engineer NL vacancies to bring in persons of their choice as MPs. Attempts to have this highly undemocratic practice terminated by judicial means have been in vain. This ‘smuggling tunnel’ must be closed once and for all.

Worse, it has now been revealed that the words, ‘any member’, were smuggled into the Parliamentary Elections (Amendment) Act after its ratification by Parliament! Strangely, there has been no sustained campaign for the abolition of this legal provision, which allows virtually anyone to enter Parliament without contesting a general election or being nominated as an NL candidate, and even become the Prime Minister, who takes over as the Acting President in case of the popularly elected President’s death, removal or resignation.

The aforesaid legal provision has become a fait accompli because the Constitution does not provide for the post-enactment judicial review of legislation. In a country like Sri Lanka, the need for the judiciary to be empowered to review laws after their ratification cannot be overstressed, given the devious methods that governments employ to subjugate even the Constitution to their political interests. It may be recalled that the UNP-led Yahapalana government stuffed the Provincial Council Elections (Amendment) Bill with questionable sections at the committee stage before rushing it through Parliament, in 2017, to postpone the Provincial Council polls indefinitely.

The vociferous members of both sides of the House, given to talking hind legs off a donkey, have not cared to take up the aforesaid issues which undermine the integrity of the Constitution and the electoral process. No wonder public confidence in Parliament is at a low ebb; anti-politics is on the rise, and protesters wear Guy Fawkes masks.

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Editorial

Grusha and Ayesha

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Thursday 11th July, 2024

The SLPP-UNP government has become an epitome of absurdity. Its leaders made frantic efforts recently to grant Attorney General (AG) Sanjay Rajaratnam a service extension amidst protests. They even strove to manipulate the Constitutional Council to compass their end. Thankfully, their plan went awry. Rajaratnam, however, should consider himself lucky; if they had succeeded in extending his term, he would have ended up having to pull a lot of political chestnuts out of the fire for them. Now, those worthies who went all out to give Rajaratnam what he did not deserve are denying Solicitor General Ayesha Jinasena what she richly deserves—the post of Attorney General. They are dragging their clumsy feet on the appointment of the AG.

SJB MP Rohini Wijerathne, speaking in Parliament, on Tuesday, asked the government why Ayesha had not been elevated to the post of AG. Her question went unanswered. She accused the government of discriminating against Ayesha in spite of having passed new laws to ensure women’s empowerment. She has struck a responsive chord with the public.

A request made by the Bar Association of Sri Lanka (BASL) to President Ranil Wickremesinghe that the seniority principle be honoured in appointing the next AG has elicited a negative response. Saman Ekanayake, Secretary to the President, has reportedly informed the BASL that it should not advocate for the claims of a single candidate, and there is a need for a broad consideration of all potential candidates to ensure the appointee commands the confidence of the President and the Cabinet. It is the adoption of this criterion in making appointments to high posts that has ruined the state service as well as the country; most public officials command the confidence of the powers that be but are square pegs in round holes; they consider it their duty to please their political masters, and never do they serve the interests of the public. The country needs upright, capable officials in key positions in the state service.

Self-important Sri Lankan politicians want to have all others, including judges, on a string. They have succeeded in reducing the AG’s Department to a mere appendage of the government in power, over the years, to all intents and purposes, and the time has come for it to be liberated from their clutches. Despicable attempts are made in Parliament to launch witch-hunts (read Parliamentary Select Committee probes) against the judges who do not pander to the whims and fancies of the politicians intoxicated with power. Some MPs and ministers abuse parliamentary privileges to vilify the members of the judiciary to their heart’s content. Public confidence in the AG’s Department has eroded severely over the decades thanks to political interference and the subservience of some of its bigwigs. There are intrepid officials who carry out their duties and functions without fear or favour, and it is they who can restore public trust in the AG’s Department. Hence the need to ensure that the government will not catapult one of its lackeys to the post of AG.

President Wickremesinghe never misses an opportunity to liken himself to Grusha, the protagonist in Brecht’s The Caucasian Chalk Circle, and expects the public to act like Azdak, the wise judge. Grusha embodies justice, righteousness, goodness, and leads a life of selfless moral rectitude. How come Ayesha has been denied her due place?

We are told in The Caucasian Chalk Circle: “Things should belong to those who do well by them; children to motherly women that they may thrive, wagons to good drivers that they may be well driven and the valley to those who water it that it may bear fruit.” There is no reason why the post of the Attorney General should not go to Ayesha. We, like many others, cannot think of a better person. If Azdak were around, he would definitely nod approvingly.

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