Opinion
Freedom and Justice under political threat
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?
Opinion
Presidential election 2024 and Tamil votes
by B. Nimal Veerasingham
The presidential election would be soon over with new President being elected. He would be the president for the entire country irrespective of the ideological or religious/ethnic/educational/class differences of the populace.
Though the frontrunners are clearly identified many joined the bandwagon for reasons known and unknown. But there is one unusual twist, in particular to the placement of what is known as the common ‘Tamil’ candidate. There is another segment who wants to make a protest against the whole process by boycotting it. Who said you can’t continue to complain without voting? The emerging idea on the notion is to express solidarity with the unsolved grievances of the Tamils and to make it a demand or request to the newly elected President, somewhat like a collective petition.
The word diaspora, denoting the ‘Tamil diaspora’ is very much quoted in conversions, social/mass media or by commentary by the politicians and political pundits with just one purpose. That is to paint and perceive those who are designated with anti Sri Lankan sentiment and consider those against the interests of the country at large, notably to damage the reputation of the country.
There is a lot of inaccuracy to that description by continuing to bundle all Tamils who left the country to settle in another. Of course, technically they could be described as Diaspora, but not necessarily as a negative force at its entirety in the current context! I am not sure those who continue to use the word ‘diaspora’ knowingly understand or just consider it a status quo as in the case for the last 40 years plus.
Some weeks ago, in Toronto, Canada, one group of Tamils interrupted and created mayhem in order to sabotage an annual street festival organized by another Tamil group. Though skirmishes of this nature did happen on and off in the past, this culminated in an attempt to disrupt a well attended and well-known festival. The event is one of the main highlights of Tamil identity and celebration for three days participated by thousands of people, the venue being a stretch of busy roadway, a connecting artery to many cities and highways, but closed to accommodate the festival.
One of the key reasons propagated by the group which interrupted, is the sponsorship and participation of the other group in the ‘Himalayan accord’ process, meaning the idea of collaboration, reconciliation and participation towards common prosperity or shared governance is nowhere in their alphabet. It is difficult as some analysts suggest that the war time leniency towards fascist ideology has a long-term impact on this segment of followers, still living in the past.
It is well known that centralized autocracy, militarism, subordination of individual interests and forcible suppression of opposition are some characteristics of fascism, cloaked as political ideology leveraging on mass discontent. They point out that the group is still grappling to come out of that strain in accepting new realities in a changing world and common aspirations, without losing one’s identity. This is in clear conflict of what an average Tamil traditionally known for; educational upliftment, enterprising entrepreneurship and commercial farming whose fundamentals includes individual freedom, choice, clean governance and ownership of property.
As per political analysts, after the end of war there was lot of soul searching among the diaspora members, not so much as to what happened but how best the future path be paved to the best interest of people in the East and North. The average household abroad as per unofficial data, allocates 3-5% of their income towards the immediate and long-term welfare of common good including their kith and kin back home. Many aspiring investors and industrialists have already ploughed sizable funds in going beyond the individual households in establishing commercial enterprises including tourist, industrial and agrarian developments. It’s a coincident that even some of the mega investors have roared into entertainment business producing mass cinema productions that was not tried before in size and magnitude.
The Toronto incident is a clear reflection of forces at the opposite ends at power play, one steeped in the past and one forging ahead. As the diaspora is a microcosm for homeland comparison, its evident that the same forces are at play on home soil too. The side with a common Tamil candidate in place or the one for complete boycott, merely hangs on simply showcasing its historical and current plights, harbingering the continuation of ‘protest politics’. Sometimes its propagated as an expressed referendum to international agencies, where solution as everyone knows could mean only on paper alone! On the other hand, supporting a potential winning candidate from the majority could bring in measurable benefits, both on short and long term, argue the Progressives.
Though many in the current political spectrum both centered in Colombo and North/East do not openly admit or elaborate, is about the economic giant next door. Time-to-time the subject is being touched though it doesn’t get enough traction among political pundits, academics and economic planners.
Tamil Nadu which is just 40+ miles North, is an economic powerhouse in the whole of India with an expected Trillion-dollar economy. It ranks # 1 in industries and skilled industrial force, leading in automobiles, auto components, textiles, chemicals, engineering, electronics and MedTech industries. Just for comparison ask any informed Canadian diaspora about Canada’s prosperity in relation to its economic giant US next door. Its nearly 70% of exports annually valued $ 500 Billion each way is with US, which has 10 times the population and economy. This is in comparison with only 5% with China.
In the current Presidential election in Sri Lanka, though there are clear roadmaps for abundant hope for greater prosperity for the nation in the horizon, there are too many distractions, distortions and most importantly to weigh in the right candidate. As for the Tamils, especially in the East and North, they have to rely on their sixth sense to battle their demons despite historical grievances and destructions of the past, to propel a better future for their children.
As in the words of Tamil leaders of the past, ‘Fatherly’ Mr. S.J.V, Chelvanayagam and ‘Upright’ Mr. K.A.W. Ariyanayagam, ‘Let the Good Lord grant wisdom and protection to the Tamils’.
Opinion
Ethics: from the abstract to the concrete?
by Susantha Hewa
The Covid-19 pandemic, which took more than seven million human lives in its destructive sweep across all borders of the planet could teach us, among other things, two lessons; first, that greed for money can dislodge essential human empathy even when the entire humanity is in danger of annihilation by a common threat. The reports of increased sales of counterfeit healthcare and sanitary products as well as personal protective equipment made this patently clear at the time. As Oxfam stated in 2020, “Seventeen of the top 25 most profitable corporations are expected to rake in $85 billion more in profits during 2020 than what they averaged in the four years before the pandemic” (Who Profits from COVID-19, and How Can We Use That Money to Help Us Get a Vaccine?, 2020, https://www.oxfamamerica.org/explore/stories/who-profits-covid-19-and-how-can-we-use-money-help-us-get-vaccine/). In other words, the pandemic bared to the world the most selfish and callous side of human nature – the craving for profit and personal enrichment at whatever cost. Conversely, the second lesson was regarding our concern for a better world; it taught us that the mechanisms that can benefit the entire society are the ones which best align individual interests with collective interests. That is, selfishness and altruism are not mutually exclusive; they can be made to coexist with each other sustaining each other for the benefit of all.
The latter is illustrated in the compulsory use of facemasks by all individuals. We wore masks principally for selfish reasons- to protect ourselves from the infected ‘other’, which, however, automatically translated into protecting the uninfected ‘other’ from being infected by us. That’s not very bad selfishness, to begin with. One might see it as a sort of connecting selfishness and unselfishness without splitting hairs about ethics. Perhaps it would become a jolly good moral with no undertones of religiosity – a kind of handy two-in-one, as they say, a selfish unselfishness. A serviceable idea which is potentially applicable in areas other than health. If the contagion had continued, people would have effortlessly learned it as a cool ethic without the stamp of any religious or moral authority. Perhaps it might work equally effectively in areas like business, policy making, education, ethics, social welfare, etc. For example, in business, it is likely to merge the maligned idea of unconscionable profitmaking seamlessly with the much commendable idea of profit-sharing.
Individual interests, instead of necessarily leading a person towards unashamed self-centeredness, may constructively be made to stand up with collective interests, says Zygmunt Bauman in his book “Does ethics have a chance in a world of consumers?”. In extolling the idea of “collective insurance against individual misfortune”, he goes on to say that the “order of egoism” in society may be replaced with the “order of equality” by turning the citizens into “stakeholders in addition to being stockholders, beneficiaries but also actors – the wardens as much as wards of the ‘social benefits’”. It seems to be an illustration of the seemingly paradoxical precept of “selfish altruism” symbolised by the pandemic-prevention facemask.
We all are naturally self-centred, which ensures our survival. Self-interest becomes injurious only when it begins to harm others- not when it promotes others’ interests. Wearing the facemask proved to be an exemplification of the apparently absurd ‘moral’– be unselfish by being selfish. The sad fact is that a pandemic had to ravage the planet to drive the lesson home. Perhaps, the nagging issue of global poverty and the scandalous income gap between the few superrich and the impoverished masses may find some solution in Bauman’s idea of “stakeholders…being stockholders”. Can we think of any moral principle of pure altruism without even a spark of self-interest? Too good to be true. It will be like trying to conceptualise “we” denying “I” being an essential constituent of it.
Of course, selflessness – selfishness, kindness – unkindness, sensitivity – callousness, fairness – unfairness, justice – injustice, honesty – dishonesty, etc. are all opposites in the morality spectrum. In all these sets, the left is universally acclaimed as wholesome while the right is unconditionally reproved as harmful. All religions and long held values want you to favour the ones on the left- the good ones. When you come to think of children, generally, you would attribute the qualities on the left to children. Incidentally, one is reminded of Blake’s “Songs of Innocence” where the poet focuses on children’s ingenuousness and uses imagery to associate them with purity and innocence. And as we know, it is when they grow up and get “experienced” that they gradually move into a lifelong pursuit of success in which “innocence” makes room for “efficiency” with the blessings of all superiors, mentors and gurus- an efficiency which blossoms on a set of values more pragmatic than those favour that passing juvenile innocence.
It is at this time we develop a liking for books on how to grow rich, to think like a billionaire and to think big; and become go-getters and leaders and set an example in time-management by taking a little time off our tight schedules for meditation, which is said to polish our entrepreneurial skills in a roundabout way, of course. In all these things, we are fueled by the variations of the mantra of getting ahead, coming out on top, taking the prize, gaining the day, etc. as they say. All this is not bad except that in none of these are we encouraged to focus on anything other than the self. Naomi Klein attacks this ruthless acquisitiveness when she refers to Donald Trump and Meredith Mclver’s book “How to get rich”, in which the authors are said to promote crass egotism which excludes even the slightest regard for the common welfare. She sardonically sums up the book’s patently overt message: “You may be on the verge of personal bankruptcy today, but if you (literally) play your cards right, you could be living large by morning”. This is not the ‘altruistic selfishness’ of the pandemic times, which would benefit the individual as well as the society, but one which unleashes the most repulsive side of man, without making him worried about how such selfishness comes into conflict with his accustomed ‘religiosity’.
It is only a crisis of ‘pandemic proportions’ which can teach us the happier possibility of securing your wellbeing in ensuring the wellbeing of all- to make you feel that it is only when all are safe that “I” can be safe. In terms of its stark pragmatism, it is much more commendable than a load of ethics which make us ‘spiritual’ in a secluded tower.
It seems that the more we separate ethics from the day to day life of constant ambition and competition, the more we think of them in their abstract forms floating above our heads, which we try to catch when we get a ‘break’ from the rat race – a rat race, which atomises society by celebrating ‘success stories’ of nobodies becoming somebodies, where the ‘hard’ virtues like courage, diligence, persistence, drive, initiative, etc. get all the credit. The only virtues that get ignored are the ones codified in religion – love, kindness, empathy, etc. We know that they are passable when it comes to going places. Business is business. What is in tune with achievement is the ability to do ‘business’ without letting religion or the ‘soft’ ethics to mystify your vision of success. In fact, when it comes to success, all those practical people have a more nuanced and analytical approach not particularly susceptible to religion. Yuval Noah Harari shows our general reluctance to think of secular matters in terms of ethics, religion and spirituality when he writes, “The assertion that religion is a tool for preserving social order and for organizing large-scale cooperation may vex those for whom it [religion] represents first and foremost a spiritual path” (Homo Deus: A brief history of tomorrow).
Perhaps, the way forward towards a better world is not to put ethics on the backburner till the time comes to look forward to the trip to the next world where nobody wants to go, but to have a wise mixture of selfishness and altruism in all practical matters for the benefit of both “I” and “we”. Albert Einstein said, “We cannot solve our problems with the same thinking we used when we created them”. Perhaps, it may be relevant to changing our rigid attitudes about success which we take to be conflicting with common wellbeing.
Opinion
Decoding Lanka’s workforce: Challenges and solutions for a balanced economy
By Lalin I De Silva
Senaka Muhandiramge holds a degree in Economics, Translation, and French from the University of Kelaniya, an MBA from the University of Colombo, and a National Diploma in Personnel Management (NDPM) from CIPM Sri Lanka. With over 35 years of HRM and administration experience, he has worked in various sectors, including multinationals. He is a lecturer in HRM and Organisational Behaviour (OB) for universities and professional institutions. A fellow of CIPM and a member of SLITAD, he now works as a freelance HR consultant and lecturer. Passionate about developing future leaders, he has supervised research and conducted numerous training programs. Senaka is a freelance value chain management consultant at www.vivonta.lk
Aim of this Write-Up:
To explore how Sri Lanka’s workforce is categorised and measured compared to global standards, and to offer HRM-driven solutions for optimizing workforce participation and economic growth.
The global workforce is divided into formal and informal sectors, including categories such as government employees, corporate workers, self-employed individuals, and casual labourers. Each of these groups contributes to a country’s labour force participation rate (LFPR) and overall economic performance. In Sri Lanka, much of the workforce remains informal, and the nation faces challenges in accurately counting and integrating these workers into official statistics. This write-up examines the complexities of workforce measurement, the legal and illegal employment divide, and how governments calculate the workforce. We offer insights into Sri Lanka’s labor market, focusing on the gap between its structure and global best practices, and suggest HRM strategies to improve workforce participation, particularly in the informal economy and underrepresented groups like women and rural workers.
The Gap:
The Gap Between Global Situation and Sri Lanka: Globally, workforce categorisation is well-defined, with labour force participation measured by both formal and informal sectors. In developed economies, governments have a more accurate count of the workforce due to strong institutional frameworks, labour surveys, and effective data collection methods. Additionally, formal employment, with legal benefits, dominates in these regions, supported by well-regulated informal sectors that contribute to the economy but are harder to measure.
In contrast, Sri Lanka faces significant gaps in its ability to fully measure and harness its workforce potential. The informal sector accounts for a large portion of Sri Lanka’s labor force, making it difficult for the government to assess economic contributions accurately.
Key challenges include:
High Informality: A large number of self-employed, day laborers, and family workers are unaccounted for in official statistics, reducing the visibility of their contribution to the economy.
Agricultural Workforce: In Sri Lanka, many agricultural workers operate informally, unlike global models where agriculture is more structured.
Under-the-Table Jobs and Illegal Workers:
Unregistered work, including informal domestic and casual labour, is prevalent in Sri Lanka but remains outside the tax and social security systems, limiting government oversight and revenue collection.
Limited Female Participation:
Gender inequality continues to affect Sri Lanka’s labour force, with many women excluded from formal employment opportunities.
Suggestions from an HRM Perspective: To address these challenges and bring Sri Lanka closer to global workforce standards, HRM strategies are vital.
Here are several recommendations:
1. Formalising the Informal Sector:
Introduce incentives for informal workers to register their businesses and encourage small business owners and family workers to transition into the formal economy. This could be done through tax incentives, business support, and microfinance opportunities.
2. Reinforcing Labor Laws:
Strengthen and modernise labor regulations to cover informal workers, ensuring protections for casual laborers and self-employed individuals. This includes creating labor policies that integrate informal workers into social security and pension schemes.
3. Promoting Agricultural Formalisation:
Develop structured cooperatives or associations in the agricultural sector, ensuring that workers are included in formal employment statistics. This can improve data accuracy and provide these workers with access to benefits.
4. Addressing Gender Inequality:
Implement targeted programmes to increase female workforce participation. These could include flexible work arrangements, affordable childcare, and training programmes focused on enhancing women’s skills in high-demand sectors like digital services, finance, and healthcare.
5. Enhancing Data Collection:
Improve labor force surveys to more accurately capture the informal workforce. This could be done through localized data collection efforts, particularly in rural areas, ensuring that underrepresented workers are included in economic planning.
Sri Lanka’s workforce is complex, with a significant portion operating outside the formal economy, making accurate measurement and effective policy-making difficult. Bridging the gap between global workforce standards and Sri Lanka’s current situation requires a concerted effort to formalise the informal sector, strengthen labour laws, and enhance data collection. From an HRM perspective, modernising labour policies, promoting female participation, and addressing the challenges faced by informal and unregistered workers will be crucial for Sri Lanka to improve its labour force participation rate, boost economic productivity, and foster long-term development. By taking these steps, Sri Lanka can better align its labor market with global standards and unlock the potential of its entire workforce.
Lalin I De Silva, former Senior Planter, Agricultural Advisor / Consultant, Secretary General of Ceylon Planters Society, Editor of Ceylon Planters Society Bulletin and freelance journalist
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