Connect with us

Midweek Review

Give him a breather

Published

on

By Rohana R. Wasala

Sri Lankan Catholics, led by His Eminence Malcom Cardinal Ranjith, Bishop of Colombo, marked Black Sunday on March 7, with the participation of representatives from Buddhist, Hindu, Christian and Muslim religious communities, demanding justice for the victims of the Easter Sunday suicide bomb attacks carried out by local Islamist Jihadists two years ago. The Archbishop threatened further activism including asking for international help unless there emerge sure signs before April 21 that the real masterminds behind the horrendous crime are clearly identified and duly punished so that no repetition of the like will occur in the future. The event was immediately provoked by what was perceived by them and members of the Opposition as well as some law-makers of the ruling alliance, and sections of the civil society, as foot-dragging by the government over punishing the guilty. 

That questionable perception was prompted by the President’s appointment on February 19 of a six-member ministerial committee to study the Final Report of the Presidential Commission of Inquiry into Easter Sunday attacks which had been presented to him nearly three weeks before, and also the report submitted to Parliament by the Sectoral Oversight Committee on National Security. (I, for one, do not question the appropriateness of the president’s move; it must be part of the proper procedure he has chosen to deal with the matter. Considering the dismal history of commissions of inquiry in our country, which a past left politician in Parliament likened to a ‘loo visit’ – sitting, deliberating, reporting and dropping the matter, what is at present happening under President Gotabaya is quite efficient quick.) The ministerial committee was required to hand over its report before March 15. Committee member Minister Prasanna Ranatunga said yesterday (March 8) that the report will be submitted on March 15, as scheduled. The PCoI was appointed by (previous) President Sirisena in September, 2019, and its term was extended several times by incumbent president Gotabaya without introducing any change to the composition of its membership. It is not likely that the unacceptable practice of interfering with the judiciary or in legal processes for which the previous yahapalanaya was severely criticised and was made to pay a heavy price in the form of a humiliating electoral defeat would be repeated by the present government, especially by Gotabaya, given his unsullied professional record and his immaculate personal probity. (Incidentally, something I observed in Gotabaya’s campaign speeches in Sinhala was his studied avoidance of noncommittal promissory statements containing (First Person Singular) verbs ending in the suffix -nnam, e. g., karannam (I shall/will do); he always used the present affirmative forms like ‘mama karanawa’ ‘I do’ instead of the future optative ‘karannam’ (I’ll do) form; ‘karanawa’ expresses a solemn pledge, not a casual promise.  Gotabaya has already amply proved that he is a man of his word, just as much as he is a man of action.) Meanwhile, it is unlikely that the Cardinal has lost his trust in the President, who had repeatedly reassured him that the culprits won’t be allowed to go free, though the former has found it fit to observe a Black Sunday. That must be to provide a shot in the arm for the President and the government to reaffirm their commitment and renew their resolve for expediting the commencement of due processes for ultimately meting out justice to all affected persons; but that kind of coaxing is redundant, in my opinion. 

A day before the Black Sunday was marked (i.e., Saturday 6), the President held the 13th session of his ‘Gama Samaga Pilisandara’ ‘Conversation with the Country’ programme with the people of the village of Giribawe, Weragala, in Kurunegala. He had a copy of the final report, and spoke turning its pages, which showed that he had a good idea of its contents. He explained to the people that he had got the report on February 1, and that the commission had been appointed by the previous President. President Gotabaya pointed out that the report clearly blamed the (Yahapalana) government; it identified governmental inefficiency as the principal contributory factor that led to the Easter Sunday attacks. He stressed the fact that the report apportioned blame not only to former President Sirisena and the ex-Premier (Ranil), but also to the government (that they headed).

‘But today’, he added, ‘those who were in that government speak as if they weren’t in it. During president Mahinda Rajapaksa’s time, we gave priority to state security…. This report makes it clear that a situation like this resulted from the discontinuance of that security framework. We completely reject the absurd, baseless allegation that our government must be held responsible for the Easter Sunday attacks … The Report has recorded who is accountable for them. It is our responsibility to see them punished, because we are the government now. We will properly execute that (duty). We have not only this report, but also (reports from) the CID, the TID, and intelligence sectors. Since we came to power, we have apprehended many other new suspects. We are continuing (with this process). Punishments will be meted out to these people and those.’  

My feeling, for what it is worth, is that the President and the government must be allowed time and freedom to deal with the burning issues in the current unprecedented critical circumstances. A local, Sri Lanka-bashing, propagandist tabloid has started calling the President ‘Nandasena’ (from his full name ‘Gotabaya Nandasena Rajapaksa’). This is clearly meant to be derogatory, for it acoustically links him with his failed predecessor Sirisena, who in actuality, through his ungrateful 2014-November betrayal of his elder brother the then President Mahinda, has brought endless disaster to the country. Such inimical portrayal of President Gotabaya as a failure is wrong. (It is tragic that some prominent monks who helped bring Gotabaya to power, have now been duped into looking away from him in apparent disillusion and defend Sirisena instead who is being justly threatened with possible prosecution in connection with the Easter Sunday attacks). With a little hindsight Gotabaya supporters may draw fresh inspiration. 

The newly elected President Gotabaya Rajapaksa handled with aplomb the sham kidnap episode which had been staged, courtesy the Swiss Embassy in Colombo on November 25, 2019, and which had certainly been meant to embarrass and undermine him internationally. The alleged abduction and rape of a local female employee of the Embassy was soon revealed by the police to have been a hoax, driven by anti-Sri Lanka politics. Having been elected President without a burdensome backpack of a professional political background, he was able to adopt a confident, unperturbed, and matter-of-fact approach to get at the truth, and suitably dispose of the filthy stuff. The naive Embassy officials who had been taken for a ride by the plotters of the hoax had egg on their faces; but the President treated them with the respect that their posts deserved, without any rancour. He even offered them a piece of friendly advice about the importance of guarding against being misled by fabrications of liars against the country (or something to that effect). 

Currently, a worse, more damaging, drama is being acted out by the powers that be centering on the release of the Final Report of the Presidential Commission of Inquiry on the Easter Sunday Attacks. This must be intended to bamboozle the SLPP government under Gotabaya’s presidency to veer off its course into floundering in the stormy seas of geopolitics. This time however, the issue that is to be tackled is not so straightforward as the silly embassy skit. It will need Gotabaya’s hard-nosed practical approach as well as a seasoned politician’s pragmatism. Unfortunately, according to my lights, at present, Gotabaya is not getting the undivided support of those who are closest to him, but who are apparently pulling in different directions, though their loyalty may be unquestioned; this is  an unacknowledged dichotomy in the government’s inner circle, which is good for his and the country’s enemies. 

This unnecessary division of opinion or lack of unanimity has significantly stymied the resolution of a range of issues including the trivial burial problem fraudulently blown into international proportions by Jihadist apologists. How the government ignominiously embarrassed itself through unnecessarily bungling the issue is now common knowledge. Mandatory cremation of Covid-19 dead was a sound scientific decision. It was just yesterday (March 8) that 9NEWS, the national news service of the Nine Network in Australia, reported Deputy Chief Health Officer Dr Chris Lease revealing at a press conference held the day before (March 7) that a ‘very strong positive’ COVID-19 sample had been detected in Adelaide’s wastewater and that in response to this South Australia had been put on coronavirus alert. Doesn’t this suggest that Sri Lankan experts’ caution regarding possible contamination of groundwater was correct? Mandatory cremation (condemned as ‘forced cremation’ by vested interests) was not politically motivated to hurt the feelings of a particular religious community. 

The ad hoc use of plots of land on the edge of environmentally sensitive forest reserves for rural poverty alleviation in these hard times is a process that must be strictly supervised by state officials and utilized by a properly informed, responsible civilian population with the least environmental impact. This need not be a basis for attacks on the government. Of course, it is absolutely necessary to protect the forest reserves from endless encroachments in the future by unscrupulous elements. It is the authorities’ responsibility to turn the local beneficiaries of the concession into committed environment protectors. This can be done by injecting into them a dose of patriotism. Issues relating to the development of important sea ports with or without foreign collaboration, and the findings and recommendations of various commissions of inquiry appointed to look into bank scams, political victimizations, and the Easter Sunday attacks of April 21, 2019 should be dealt with as national issues that should not be mishandled inviting detrimental foreign intervention in our domestic affairs.    

 

 



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Midweek Review

India’s role in re-moulding the SAARC

Published

on

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’

 

 

Continue Reading

Midweek Review

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

Published

on

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”.

Continue Reading

Midweek Review

CAS for our secondary school students   

Published

on

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.) 

Continue Reading

Trending