A black-suited Opposition and a white clad black-ribboned government had a field day in parliament, when the country marked the second anniversary of the Easter Sunday carnage.
It was a preview of what could be the trend in parliamentary affairs – with verbal violence and near physical violence being the stuff of the new parliamentary democracy.
The Colombo Port City Economic Commission Bill is not discussed in parliament, as it is being considered in the Supreme Court, on the many petitions filed against it.
While the Supreme Court seeks to make up its mind on this highly controversial draft legislation, the very court system or the judicial process is facing a major threat, not merely a challenge, with the Presidential Commission Report on political victimisation under the previous government.
We are now facing a situation where former members of the judiciary as members of a Presidential Commission, can call upon parliament, the legislature of the country, to reject, overturn, depose, throw out cases that have been concluded and judgments passed, and cases that are still being heard in courts. Those found guilty or are accused in these cases are to be recognised as innocents, or those not facing any charges.
That is not all; those who have initiated these court procedures by filing cases –– for murder, child kidnapping, illegal handling of weapons, overall fraud relating to the state funds, and even fraud on private funds––are to be found guilty and punished. Under what law?
The process of justice is not, and has not been, one of complete independence and fairplay in this country. There have been many distortions of the judicial process under different political leaders over the years. But over all the public have considered the judiciary as the final source of honesty and fair play, in a society riddled with corruption, manipulation of the law, and the distortions of reality.
Politicians who become leaders of the country by the twists and turns of politics and crooked society have often given pardons to convicts including those on death row. They have never been widely accepted by the public, who have never been asked for their opinion on such acts. Such pardons were based on the rights of the Head of State, just like the release of prisoners for the New Year and some special celebratory occasions.
But how does any Commission, even if presidential, recommend the removal of current legal action against those who have been charged through the procedure for legal action by the Attorney General? How can such a Commission recommend the pardoning of those found guilty by the Supreme Court itself?
How can such a commission find that those accused of the kidnapping of several youth are free of such charges?
In a mockery to the process of democracy based on justice and fairplay, the commission gives no legal reasons for throwing away earlier legal judgments or terminating legal procedures. These are acts to suit the prevailing political masters as against their predecessors.
Satisfy those who are now in power is what matters to the presidential commission, with so many in power today having many trails of fraud, cheating, swindling, embezzlement and other crooked actions.
What is the judicial process in the country being moved into?
The Colombo Port City Economic Commission may pose threats to the democratic system, which certainly needs consideration with depth and fairness by the courts and political process. But the recommended actions against alleged political victimization, certainly poses a far larger threat to society, to the very judicial process, with all of its many shortcomings such as the delay in courts, and the profit-centred goals of the legal profession.
This government almost began its work with the pardoning of a murderer, killing several people, in the latter stages of the war against LTTE terror. There was no public call for such a pardon. Such action seems to be the political and strategic thinking of this government, supported by its own Presidential Commission, which is totally against good governance.
This country is aware of the failures of the judiciary and the legal process. We know how the Rajapaksa mishandling or crooked handling of the tsunami funds was covered up by courts, to be later admitted by the responsible justice himself. We see how the judiciary sentences a first time contempt of court accused, to four years of rigorous imprisonment, where the law does not lay down any term of imprisonment – short or long.
We are also aware of President Sirisena suddenly pardoning a murderer Anthony Jayamaha, who killed a foreign girl.
Such distortions of the law and the judiciary should not be the guiding lines for a legal process that upholds the principles of Justice and the Rule of Law. The role and task of governance is to learn from the past and avoid repetitions of such flaws, and bring in new legislation to prevent such distortions of the law and justice.
But that warning we saw in the Black vs White display in parliament on the Easter carnage anniversary, and the moves to pardon and free so-called “Political Victims”, is our stepping back into the dark days of pre-democracy in this country. We are moving to even a pre-feudal reign of power. The rule of the unquestioned Majesty. The deadly display of the Rajavasala Balaya.
Do we have the freedom to restore the independence of the judiciary?
Today’s call for ‘Health Promotion’
As a nation, we have reached a really critical stage with the corona pandemic. This is what The Hindustan Times reported on the 2nd of May, 2021: “Sri Lanka’s health authorities have issued new tough guidelines, including banning wedding receptions and gatherings at religious sites, to prevent the spread of the coronavirus as the Island nation continued to record a spike in daily infections”. The time has come for all citizens of the country to understand the gravity of the disaster. Anyway, we have witnessed a section of Sri Lankans enjoying, despite many restrictions. It can be seen that people travel here and there without face masks, and organising events and parties amidst this situation. There is a problem with discipline. Also, I have observed that there is a segment of people who violate health guidelines and post messages on social media criticising the authorities. This “duplicity” must be interesting social research for investigators to read people in a different microscope.
Ownership and Empowerment:
At the moment we could not see any “ownership” of this disaster among Sri Lankans. Still, we can see only “health education” in the country, and we need to change this to “health promotion”. The country needs to consider this as top urgent, under these circumstances. The government should carefully use some stakeholders in this mission of “Health Promotion”. Refer to the following diagram for some selected sectors to take the initiative.
The role of the Health Promotion Bureau should be redefined. And the role of the Ministry of Education should not be underestimated in this context, to communicate messages to relevant parties — including schoolchildren and parents. In this task force, there can be community leaders, experts in the industry, representatives of the media, and some researchers as well. All members should have a Clear Plan (short-term strategy and long-term objectives) to address this pandemic situation. We have seen many times the media reporting how people violate health guidelines. But rather than concentrating on the ‘negative’ side, there can be ‘positive’, reporting as well. (As an example, a worker in the Colombo Municipal Council adhering to all guidelines by showcasing an example for the community). This is the time we need to have positive news. ((http://www.ft.lk/columns/Negative-and-positive-news-Rare-corpse-flower-set-to-bloom-at-Royal-Botanical-Gardens-Peradeniya/4-658936) for better immunity of people!
Also, there are many success stories that need to be followed by a task force of “health promotion”. In this context, we can discuss the success story of Vietnam. As the International Monetary Fund (IMF) reports, on 10th March 2021, “Swift introduction of containment measures, combined with aggressive contact tracing, targeted testing, and isolation of suspected COVID-19 cases helped keep recorded infections and death rates notably low on a per capita basis (IMF,2021). “Also, as per fitchratings.com “Vietnam’s economy has been more resilient than most other markets in the Asia-Pacific, as the local authorities have had greater success in containing Covid-19. It was one of the few economies in the region to report GDP growth in 2020 (fitchratings.com, Thu 22 Apr, 2021). More importantly, like in Vietnam, we also should have a successful communication strategy. Refer below:
“Vietnam’s successful communication strategy catalyzes the active participation of both governmental and private sectors as well as communities. The government centers its people in an active role with the slogan translated as “every citizen is a soldier”. In addition, non government-led initiatives, including the donation of funds and personal protection equipment by entrepreneurs and individuals, have contributed positively to social stability. For example, “the rice ATM” – a free rice dispenser reserved for the most vulnerable people, including those who lost income due to the pandemic, the elderly, students and disabled people. Students have been mobilized to assist in epidemic control by engaging them in various roles, such as data entry, sample collection or provision of phone counselling for COVID-19 suspected people. However, the number of students who joined the COVID-19 taskforce was very small (124 volunteer medical students) compared to its capacity. At the central level, a relief bill of approximately 80,600 VND billion was signed by the government to address the financial burden resulting from the COVID-19 pandemic. Nearly 62,000 VND billion of these funds were allocated to individuals who were poor, near poor, with meritorious services or under social protection schemes. The remaining funds were allocated to support small to medium production and business establishments.” The COVID-19 global pandemic: a review of the Vietnamese Government response – https://www.joghr.org/article/21951-the-covid-19-global-pandemic-a-review-of-the-vietnamese-government-response)
The time has come for Sri Lanka to think differently, learn, and work with responsibility. This is a disaster in which we need to stop the “blame game” and understand the situation with more responsibility. If we can use “health promotion” in an effective way, it would be one of the success stories for the world, always helping for long term sustainable development of the nation.
Prof. NALIN ABEYSEKERA
(Professor of Management Studies, Faculty of Management, Management Studies, The Open University of Sri Lanka
– firstname.lastname@example.org )
Political interference aggravating Deadly Pandemic
Humankind is in the middle of the deadly COVID pandemic, the worst ever seen in our lifetime. The virus, with all its ongoing mutations, is causing havoc all over the world, leading to untold misery and death. In the absence of any effective curative medication, and inadequate vaccine cover, prevention, with strict public health measures, based on sound scientific evidence, remains the fundamental way out of this impending catastrophe.
Larger countries, where politicians ignored professional advice, based on science, and took politically popular decisions, saw the inexorable spread of the disease causing much preventable deaths. Brazil, the USA (during the Trump presidency), and India, at present, are classic examples of this unfortunate situation. Countries like New Zealand, Australia, Israel and South Korea, taking decisions based purely on scientific advice, despite causing temporary hardship and restrictions on the people, have managed to return to near normal pre-COVID status.
Sri Lanka has a literate population.It also has a well-established public health service responsible for prevention and even eradication of many diseases, which are still ravaging many South Asian countries. The country is held out as an example of a success story in this regard by even the World Health Organization (WHO). As such, we should have succeeded in controlling the epidemic by now.
What went wrong in Sri Lanka, still causing the epidemic to escalate on a daily basis with ever increasing morbidity and mortality? The associations of doctors, other healthcare professionals, and even the laboratory technologists have been giving well considered advice and issuing guidelines to curtail the epidemic. But mostly, such advice appears to have been ignored by the political authorities, taking their own decisions instead. The COVID Control Task Force, being headed by the Army Commander, and the Vaccine Task Force, being under an elderly non-medical administrator, are classic examples of this ignorance. It is obvious that both these positions, as well as a majority of the membership of the task forces, should be held by medical professionals. The initial apparent success was hailed by politicians taking full credit, leading to them doing well at the elections. Most such decisions were directed at increasing the popularity of those in power or financial gain for people close to them. This has led to much bungling in decision-making, summarily listed below.
1. Health regulations were not strictly enforced . There was an escalation of the number of cases soon afterwards.
Health regulations were not strictly enforced during the general election last year.
2. The controversy on disposal of dead bodies; the scientifically correct decision to allow burial was taken by the politicians only after much heartburn of the community and even humiliation in the international scene.
3. Allowing and openly promoting unproven native medication, making the people ignore public health guidelines.
4. Conducting the Lanka Premier League (LPL) cricket tournament in Hambantota, bringing in players from countries with a roaring epidemic. One of the players found to be PCR positive then is alleged, though without proof, to have brought in the UK variant of the virus.
5. Entertaining tourists from Ukraine, where authorities had no control over the fast spreading disease. It is an open question whether the quarantine procedures were properly implemented. Same mistake is being made now, with Indians being allowed to come in for so called quarantining purposes. It is well known that the financial interests of acolytes took precedence over the health of the people.
6. Messing up the vaccination process. Notwithstanding the somewhat unforeseen situation in India, timely action should have been taken to obtain adequate supplies of approved vaccines. The authorities appeared to depend on the donation of an unapproved vaccine from a friendly country. The priority list for vaccination was disrupted, thus exhausting the supplies of the vaccine. As a result, only an insignificant proportion of the people have received the first dose, with no guarantee of the second.
7. Allowing free movement of people during the festivals, largely ignoring recommended preventive guidelines. These were openly patronised by the kith and kin of the political leaders.
8. In many meetings and other gatherings organised and attended by the politicians at the highest level, scant regard is given for public health precautions.
9. Claiming success until a few weeks ago, and reducing the PCR testing and other measures until caught unawares with a rapidly rising case load.
10. Restriction of movement and isolation of areas is hampered by political interference. This was well illustrated by what happened recently in Piliyandala, where the isolation of the area, on medical advice, was reversed within a few hours at the behest of a political bigwig.
11. All social gatherings were banned a few days ago. However, it was comical how largely attended weddings were allowed for a few days more, obviously to accommodate someone close to the centers of power. Though rumours abound, the beneficiary of this anomaly is still not known for certain.
To what extent the hierarchy in the medical administrators of the Health Ministry contributed to this dismal situation is open to question. The general impression is that they are succumbing to political pressure, without standing their ground. It is widely suspected that even the correct statistics are not divulged to avoid embarrassing the politicians. However, knowing how overpowering the politicians could be, it may be unreasonable to blame the hapless officials doing a thankless job under trying circumstances.
SENIOR MEDICAL CONSULTANT
Making O/L English literature more accessible
In his feature article, titled “Reduce O/Level STRESS”, appearing in The Island of 03 May, Anton Peiris makes a timely intervention to introduce an alternative mathematics course for O/L students, which will be tailored to suit the capacity of a considerable number of students who find the customary mathematics paper too challenging. This is surely a more pragmatic and student-friendly approach, because for the past few years we have been trapped in the split between two extremes: either in support of a pass in math to be made compulsory for all A/L students or the exemption of Arts students from this requirement. “Maths Studies” would be a happy compromise between the two extremes, which would stand in good stead for many O/L students. with a gift for Arts subjects to pursue their goals without math being an undue hindrance or, conversely, its total exemption turning out to be a free license for laxity.
O/L English literature seems to be another subject not available to many students due to at least two reasons: first, the want of qualified teachers and, second, the standards being set too high for the average student, as in the case of math. This deters many students who are not competent enough to meet the high-end demand for “appreciating literary texts” from gaining many other benefits literature would otherwise offer them, if provided as a more watered down package, as in “Maths Studies.” In short, the introduction of a less daunting variant such as “Literature Studies” for the average student, for whom the regular “English Literature” is virtually a taboo, can ensure the same gains “Maths Studies” intends to bring to those less proficient in math.
Such leniency would not be wholly out of tune with the learning outcomes of O/L English Literature, enunciated in the relevant syllabus issued by the NIE, which states:
The national goal of making an informed reader means a critical thinker as well. The learner must be able to appreciate any “well written” book and recognize a “good book” when he sees one. It is a training for life. But the whole enterprise of studying literature has been coloured by non-educational, even non-humanistic objectives. For most students and more for their parents, English literature has become a symbol of prestige, culminating in a fantasy of a distinction pass at the GC.E. (O/L) examination. (http://www.nie.lk/pdffiles/tg/e10tim130.pdf)
This goes to provide at least two good reasons for introducing a less demanding option like “Literature Studies” for the average student. As the latter part of the above paragraph admits, for many students, as well as their parents, studying English literature has become a “symbol of prestige.” This is sad because promoting such snobbery flies in the face of all the lofty ideals contained in the first three sentences, such as making the student well informed, critical and sensitized enough to appreciate good literature, etc. As such, it would not be undesirable, in the least, to aim at moulding a reasonably broadminded and sensitive person, by adjusting the syllabus to focus more on increasing their general awareness of the richness of world literature, without making the study of O/L literature a strenuous exercise of gaining a set of “skills,” which may be more suitable for the purpose of grooming critics rather than making students read for pleasure. Arguably, the emphasis on critical appreciation of the texts might be one reason why the students end up becoming stuck-up, as described in the above passage.
There is no doubt that the regular O/L literature course prepares the student to study literature at the A/Ls – hence the need for its continuation. However, a more student-friendly variant intended for encouraging the average student to read literature, without the unnerving prospect of having to write a critical essay on each of the prescribed texts she has to read, is sure to cultivate the reading habit among students. The performance evaluation defined in the NIE syllabus cited below proves the rigid test-oriented and technical nature of the process:
Appreciation of English literary texts is tested as a component of the G.C.E. (O/L) examination formatively as well as summatively at the end of a two-year course of study. At school level, it is assessed formally at term tests. It is also assessed informally in the classroom using a variety of techniques, both oral and written. Conventionally literature is tested by written examinations. The test items most frequently used are the context question and the critical essay. The context question is more effective since it directly tests the candidate’s familiarity with the texts.
Undoubtedly, a more student-friendly and less formulaic syllabus intended for coaxing the average student to read for pleasure, may ideally minimize the focus on critical writing aspect and the emphasis on a knowledge of the textual mechanics. Instead, such a syllabus may include a prudent selection of interesting biographical details of writers and their famous works, their dominant themes and the relevant social contexts, short samples of texts not intended for critical evaluation but for familiarizing them with various writing forms, etc. – anything that will stimulate the reading habit of the student who may even be encouraged to read the translations in their mother tongue, if time permits.
The most important outcome would be to make them keen readers. The essential fine-tuning with regard to the selection of teaching materials and testing can be done by the syllabus designers and teachers who know the terrain well. Thus, as in the case of math, the modified syllabus of literature would help students who are not adequately proficient to follow the standard literature course, to find a more manageable way of developing a liking for literature.
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