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How did we become a lawless State?

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Talk given by Rajan Hoole at the release of the book, Democracy Stillborn, at Trimmer Hall, Jaffna, on 11 Nov., 2022. The fellow speakers were Devanesan Nesiah, Ahilan Kadirgamar, Swasthika Arulingam and Kirupaimalar Hoole. The meeting was chaired by Mahendran Thiruvarangan

First, a message from K. Sritharan, who was with Rajani Thiranagama and Rajan Hoole in the University Teachers for Human Rights (Jaffna).

“The rule of law is in decline and has provoked much discussion, even in developed countries, where it has been the norm for over a hundred years. The West, which continually championed democracy and the rule of law itself, is facing a major crisis as populist right-wing politics make inroads into the mainstream. In the US, the legitimacy of institutions, which are crucial for accountability and the rule of law, are questioned, and conspiracy theories of utter distrust of authority become the fare among the masses. This crisis can lead to many upheavals.  We may eventually overcome and stabilize with more meaningful and broadened democratic formations. But the path towards that may not be smooth and the trend shows the moral high ground is ill-defined.

But, as an island nation, we have gone through major crisis after crisis and in the process have ruined and bankrupted our country. Many youths are now looking for the root causes for this plight. Our modern history is one of cohabitation with dominant colonial powers. During the British period, a cause of major social transformation was the colonial state formation. The vested interest of the British Colonial project, brought in institutional mechanisms and nurtured a political class to manage them.  The question is how the ruling elite of Ceylon used those institutions. In the balance, was it to enhance the interest of the people, or in pursuit of their short-term interests? Did their hold on power unleash forces which, of their own nature, created a series of fault lines by a perversion of nation building? In addressing these, we need to charter a new path. Of course, this cannot be done in isolation but it is necessary to identify the internal developments, and form broad solidarities that would get us out of this impasse.” End of message.

About Social Democracy

Arunachalam, was the first civil servant who radically stood for social democracy. He wanted the British officers, responsible for excesses during the Sinhalese-Muslim riots of 1915, punished, according to the law. In 1920, the British authorities, supported by Sinhalese nationalists, undermined the man hitherto deemed indispensable, and put him out to grass. Provoked by the economic collapse of 201, the Aragalaya protesters realised the state of acute lawlessness and got rid of the President and Prime Minister. We have Mahinda Rajapaksa finally admitting his mistakes, all implicitly permitted under the Constitution, and pleaded for another chance. Mahinda Rajapaksa comes in a line of leaders charged with murder, not only of journalists but also of war crimes and robbery. There were, of course, two parties to the war. But the Government’s intransigence made it intractable.

The law was simple, but we have muddled and obscured it. Had we followed it, we could have avoided this present impasse. Article 29 of the Constitution of 1948 had the provision, not to ‘Make persons of any community, or religion, liable to disabilities or restrictions to which persons of other communities or religions are not made liable …’ Quite simply it means treat everyone equally. The Government, being in a minority after the 1947 elections, used threat and bribery to disqualify Plantation Tamils from citizenship. What we may forget today is the Sinhalese opposition, left and liberal, for example H. Sri Nissanka, were united and firm in standing by the Plantation Tamils.

Britain’s gift to the Sinhalese leaders of cancelling the 1941 elections, gave them an eight-year free ride of power without an electoral mandate from 1940, during which time they were allowed to colour the future constitution. It led to indifference and apathy among opponents of the Citizenship Bill. Neither the Government nor the Supreme Court offered a cogent reason for the disenfranchisement of estate workers. The Supreme Court held that since Article 29 had no reference to race, taking away the franchise of a community was not a violation of Article 29, it was administrative. The Government was nervous when the Plantation Tamils appealed to the Privy Council.

The Privy Council first retreated because Parliament by defining citizenship indirectly by ancestry, had evaded the principle of equality in 29 (2). It however passed the Bill misquoting the Soulbury report which actually made clear that over 80 percent of Plantation Tamils were in 1941 either born in Ceylon or had resided over 10 years.

Lanka is a beneficiary of common laws, the Roman-Dutch and English. Good common law whatever its origins is transposable. Lanka learnt nothing from them. Answering the challenge to the Citizenship Act in 1951, Chief Justice Edward Jayatileke rejected equality and ruled that whatever Parliament passes has to be obeyed. However, Chief Justice Abrahams replying to DSG Wijewardene asserting Parliament’s supremacy in 1937 said, that a new law must accord with those that preceded it ‘so that there be no repugnance but a concordancy in all the parts thereof.’

Bills against the Plantation Tamils

We had Roman-Dutch law and English common law, both of which with different emphases, stood for common right. Both sets of law rejected the Citizenship and Franchise Acts from several angles. Having accepted the Donoughmore Bill in 1929 which promised the vote to everyone, we had 19 wasted years, no industrialisation, but demolish the voting rights of the Plantation Tamils. Nihal Jayawickrema gave a potent reason for treating the term community in the citizenship acts with respect: ‘Parliament must not discriminate against a particular community already resident in the country.’

We had in 1937 Chief Justice Abrahams upholding Habeas Corpus, no detention without the order of a judge, and freed Bracegirdle from deportation. The reversal, to detain without warrant, was legislated in the 1947 Public Security Ordinance, the last Bill passed under colonial rule. These were signposts on our march to independence and beyond.

Emergency permitted murder in ‘good faith.’ Although a British precedent was claimed for the Bill, in Britain actions under emergency became judicable once the emergency was lifted. The real fear in Ceylon was strike action by the combined unions over the Citizenship Bill of 1948. However, strike action was deterred by the ‘smash up’ of the 1947 general strike.

Ceylon Constitution and the

Citizenship Bill

Britain co-drafted a very fragile constitution to gain the Sinhalese leaders’ support during the Second World War. They cancelled State Council elections due in early 1941, jailed the Left and as pointed out, allowed Senanayake to rule eight years without a mandate prior to independence and determine the colour of the Judiciary. During this period. Left leaders N.M. Perera and Philip Gunawardena, then vocal advocates of the Indian Tamil equality, were cast into prison. Just before, the State Council in 1941 passed the Registration Bill, the precursor of the Citizenship Act of 1948. All Sinhalese, barring the imprisoned Left, voted for the Registration Bill. It required all qualifying as Ceylonese to have domicile of origin – produce father’s birth certificate – it was impossible for many in Ceylon, be it Sinhalese or Tamil, but Plantation Tamils were singled out for exclusion!

Carrot and stick on minorities to betray a fellow minority

The Muslims and Tamils were goaded to support the Citizenship Bill. Most of the Tamil elite, including prominent Youth Congress veterans, wanted the Tamils to support Senanayake. Out of 13 Ceylon Tamil MPs, a minuscule group of two opposed the Bill, S. Chelvanayakam and K.V. Nadarajah. Ponnambalam, however, voted against to avoid a split in the Congress, the remaining five MPs were absent on his instruction. The two Senators E. Naganathan and S. Nadesan, too, opposed the Bill, tooth and nail. For the Tamil minority it was suicide. Had it shown greater conviction the Muslims and the six government appointed members need not have supported the Citizenship Bill.

What we are left with is the Pollution of Administration of Justice by ignoring the principle of legality. The principle states that when we legislate to the hurt of a minority, it should be stated in clear unambiguous terms, acknowledging the political cost. This was never done in Lanka, although the cost was heavy. The new politics was exemplified in arm-twisting T.B. Jayah, champion of the underdog, to join the Government. But is that a way to build up a united nation?

In the 1950s any bill passed by a simple majority and signed by the Speaker was accepted as law, ignoring the two-thirds majority requirement for bills that violated the Constitution. Thus, Sinhala Only became law with 66 voting for and 29 against, short of a two-thirds majority. No one challenged it in court until Ranasinghe in the early 1960s, over something unconnected, the Bribery Tribunals Act. The Privy Council ruled that the Act required a two-thirds majority the Government did not show, and ruled in favour of Ranasinghe.

Giving judgment on 5th May 1964 for Ranasinghe’s case, nine days after de Kretser’s ruling Sinhala Only unconstitutional in the Colombo District Court as violating Article 29 (2), Lord Pearce reaffirmed the long ignored ‘fundamental conditions,’ or equality, stressing Article 29. By this time the SLFP-Left coalition and the UNP wanted the Privy Council and the Soulbury Constitution out. The mutual embarrassment had become heavy. This was accomplished in the new 1972 constitution, ridding our final toehold on the rule of law.

By the time Lord Pearce ruled for a correction in 1964, the Left and the Sinhalese right had rejected reform. The tested and potent Magna Carta right of detention only on the sufferance of a Judge was gone in 1947 and reaffirmed in the 1972 ‘progressive’ constitution. The erosion of law made communal violence, the worst manifestation of barbarity, to savage and kill an innocent person on the basis of race, acceptable. The State failed to punish and the Sinhalese were apologetic in a half-hearted way – Sinhalese they said protected Tamils.

An uneasy calm prevailed until 1977. The Muslims regarded themselves fairly safe while Jayewardene opened all stops of the 1972 Constitution. As for the criminal intent of our laws, Dr. Rajasundaram, like many Tamils, approved of the militancy only for a defensive purpose, against state-initiated attacks on civilians. The Sansoni Commission report gives several examples of such in 1977. Having committed himself to rehabilitate Tamil refugees, Rajasundaram had to face the violence of the State. What he did was far from terrorism.

He was detained under the PTA on the gossipy charge of trying to make peace between Maheswaran and Santhathiyar. When the tortured victim was produced in court, Judge Bandaranayake, instead of discharging him, announced an indefinite postponement of the hearing. Six days later he was killed in the infamous Welikade Prison massacre on 25th July 1983. While proof will never be found, it is quite certain that the massacre was organised by the Kelaniya mafia, still a major force in government, the seed planted by the PSO. This was about the time the Government viciously accused the JVP of responsibility for July 1983 and forced it underground, just when it democratically contested the Government’s foul play over the 1982 referendum. The damage was far worse than recent scams that provoked protests.

The Tamils professing to fight for liberation were also infected with the vulgar legalism inherited from the State – its constant demand for proof over complaints about missing persons. In Jaffna, the university students spontaneously went on strike in 1986 charging the LTTE with the disappearance of student Vijitharan. The LTTE leader Kittu came to discuss matters in the University of Jaffna common room. When confronted with the allegation, he responded, “Where is the proof?”

The Government tried tactical evasion by introducing a Bureau of Rehabilitation law that was disallowed by the Supreme Court on 20th October 2022. The state of our laws flows directly from the Citizenship Act. No Government has tried to put us right. All worked in the same culture to our detriment. The Language issue is but a by-product of the Citizenship Act.



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Another Christmas, Another Disaster, Another Recovery Mountain to Climb

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In line with its overall response to Cyclone Ditwah that devastated many parts of Sri Lanka, India has undertaken to set up temporary Bailey Bridges at selected locations. Work on the first such bridge has begun in Kilinochchi on the Paranthan–Karaichi–Mullaitivu A35 road. Indian Army engineers are working with their counterparts. The Indian HC said that 185 tonnes of Bailey Bridge units were airlifted to restore critical connectivity, along with 44 engineers (Pic courtesy IHC)

The 2004 Asian Tsunami erupted the day after Christmas. Like the Boxing Day Test Match in Brisbane, it was a boxing day bolt for Indonesia, Thailand, Sri Lanka, India and Maldives. Twenty one years later, in 2025, multiple Asian cyclones hit almost all the old victims and added a few more, including Malayasia, Vietnam and Cambodia. Indonesia and Sri Lanka were hit hard both times. Unlike the 2004 Tsunami, the 2025 cyclones made landfalls weeks before Christmas, during the Christian Season of Advent, the four-week period before Christmas preparing for the arrival of the Messiah. An ominously adventus manifestation of the nature’s fury.

Yet it was not the “day of wrath and doom impending … heaven and earth in ashes ending” – heavenly punishment for government lying, as an opposition politician ignorantly asserted. By that token, the gods must have opted to punish half a dozen other Asian countries for the NPP government’s lying in Sri Lanka. Or all those governments have been caught lying. Everyone is caught and punished for lying, except the world’s Commander in Chief for lying – Donald J. Trump. But as of late and none too sooner, President Trump is getting his punishment in spades. Who would have thought?

In fairness, even the Catholic Church has banished its old hymn of wrath (Dies irae, dies illa) that used to be sung at funerals from its current Missals; and it has on offer, many other hymns of peace and joy, especially befitting the Christmas season. Although this year’s Christmas comes after weeks of havoc caused by cyclonic storms and torrential rains, the spirit of the season, both in its religious and secular senses, will hopefully provide some solace for those still suffering and some optimism to everyone who is trying to uplift the country from its overflowing waterways and sliding slopes.

As the scale of devastation goes, no natural disaster likely will surpass the human fatalities that the 2004 Tsunami caused. But the spread and scale of this year’s cyclone destruction, especially the destruction of the island’s land-forms and its infrastructure assets, are, in my view, quite unprecedented. The scale of the disaster would finally seem to have sunk into the nation’s political skulls after a few weeks of cacophonic howlers – asking who knew and did what and when. The quest for instant solutions and the insistence that the government should somehow find them immediately are no longer as vehement and voluble as they were when they first emerged.

NBRO and Landslides

But there is understandable frustration and even fear all around, including among government ministers. To wit, the reported frustration of Agriculture Minister K.D. Lalkantha at the alleged inability of the National Building Research Organization (NBRO) to provide more specific directions in landslide warnings instead of issuing blanket ‘Level 3 Red Alerts’ covering whole administrative divisions in the Central Province, especially in the Kandy District. “We can’t relocate all 20 divisional secretariats” in the Kandy District, the Minister told the media a few weeks ago. His frustration is understandable, but expecting NBRO to provide political leaders with precise locations and certainty of landslides or no landslides is a tall ask and the task is fraught with many challenges.

In fairness to NBRO and its Engineers, their competence and their responses to the current calamity have been very impressive. It is not the fault of the NBRO that local disasters could not be prevented, and people could not be warned sufficiently in advance to evacuate and avoid being at the epicentre of landslides. The intensity of landslides this year is really a function of the intensity and persistence of rainfall this season, for the occurrence of landslides in Sri Lanka is very directly co-related to the amount of rainfall. The rainfall during this disaster season has been simply relentless.

Evacuation, the ready remedy, is easier said than socially and politically done. Minister Lal Kantha was exasperated at the prospect of evacuating whole divisional secretariats. This was after multiple landslides and the tragedies and disasters they caused. Imagine anybody seriously listening to NBRO’s pleas or warnings to evacuate before any drop of rainwater has fallen, not to mention a single landslide. Ignoring weather warnings is not peculiar to Sri Lanka, but a universal trait of social inertia.

I just lauded NBRO’s competence and expertise. That is because of the excellent database the NBRO professionals have compiled, delineating landslide zones and demarcating them based on their vulnerability for slope failure. They have also identified the main factors causing landslides, undertaken slope stabilization measures where feasible, and developed preventative and mitigative measures to deal with landslide occurrences.

The NBRO has been around since the 1980s, when its pioneers supplemented the work of Prof. Thurairajah at Peradeniya E’Fac in studying the Hantana hill slopes where the NHDA was undertaking a large housing scheme. As someone who was involved in the Hantana project, I have often thought that the initiation of the NBRO could be deemed one of the positive legacies of then Housing Ministry Secretary R. Paskaralingam.

Be that as it may, the NBRO it has been tracking and analyzing landslides in Sri Lanka for nearly three decades, and would seem to have come of age in landslides expertise with its work following 2016 Aranayake Landslide Disaster in the Kegalle District. Technically, the Aranayake disaster is a remarkable phenomenon and it is known as a “rain-induced rapid long-travelling landslide” (RRLL). In Kegalle the 2016 RRLL carried “a fluidized landslide mass over a distance of 2 km” and caused the death of 125 people. International technical collaboration following the disaster produced significant research work and the start of a five-year research project (from 2020) in partnership with the International Consortium on Landslides (ICL). The main purpose of the project is to improve on the early warning systems that NBRO has been developing and using since 2007.

Sri Lankan landslides are rain induced and occur in hilly and mountainous areas where there is rapid weathering of rock into surface soil deposits. Landslide locations are invariably in the wet zone of the country, in 13 districts, in six provinces (viz., the Central, Sabaragamuwa, Uva, Northwestern, Western and Southern, provinces). The Figure below (from NBRO’s literature) shows the number of landslides and fatalities every year between 2003 and 2021.

Based on the graphics shown, there would have been about 5,000 landslides and slope failures with nearly 1,000 deaths over 19 years between 2003 and 2021. Every year there was some landslide or slope failure activity. One notable feature is that there have been more deaths with fewer landslides and vice-versa in particular years. In 2018, there were no deaths when the highest number (1,250) of landslides and slope failures occurred that year. Although the largest number in an year, the landslides in 2018 could have been minor and occurred in unpopulated areas. The reasons for more deaths in, say, 2016 (150) or 2017 (250+), could be their location, population density and the severity of specific landslides.

NBRO’s landslide early warning system is based on three components: (1) Predicting rainfall intensity and monitoring water pressure build up in landslide areas; (2) Monitoring and observing signs of soil movement and slope instability in vulnerable areas; and (3) Communicating landslide risk level and appropriate warning to civil authorities and the local public. The general warnings to Watch (Yellow), be Alert (Brown), or Evacuate (Red) are respectively based on the anticipated rainfall intensities, viz., 75 mm/day, 100 mm/day; and 150 mm/day or 100 mm/hr. My understanding is that over the years, NBRO has established its local presence in vulnerable areas to better communicate with the local population the risk levels and timely action.

Besides Landslides

This year, the rain has been relentless with short-term intensities often exceeding the once per 100-year rainfall. This is now a fact of life in the era of climate change. Added to this was cyclone Ditwah and its unique meteorology and trajectory – from south to north rather than northeast to southwest. The cyclone started with a disturbance southwest of Sri Lanka in the Arabian Sea, traversed around the southern coast from west to east to southeast in the Bay of Bengal, and then cut a wide swath from south to north through the entire easterly half of the island. The origin and the trajectory of the cyclone are also attributed to climate change and changes in the Arabian Sea. The upshot again is unpredictability.

Besides landslides, the rainfall this season has inundated and impacted practically every watershed in the country, literally sweeping away roads, bridges, tanks, canals, and small dams in their hundreds or several hundreds. The longitudinal sinking of the Colombo-Kandy Road in the Kadugannawa area seems quite unparalleled and this may not be the only location that such a shearing may have occurred. The damages are so extensive and it is beyond Sri Lanka’s capacity, and the single-term capacity of any government, to undertake systematic rebuilding of the damaged and washed-off infrastructure.

The government has its work cutout at least in three areas of immediate restoration and long term prevention. On landslides warning, it would seem NBRO has the technical capacity to do what it needs to do, and what seems to be missing is a system of multi-pronged and continuous engagement between the technical experts, on the one hand, and the political and administrative powers as well as local population and institutions, on the other. Such an arrangement is warranted because the landslide problem is severe, significant and it not going to go away now or ever.

Such an engagement will also provide for the technical awareness of the problem, its mitigation and the prevention of serious fallouts. A restructuring could start from the assignment of ministerial responsibilities, and giving NBRO experts constant presence at the highest level of decision making. The engagement should extend down the pyramid to involve every level of administration, including schools and civil society organizations at the local level.

As for external resources, several Asian countries, with India being the closest, are already engaged in multiple ways. It is up to the government to co-ordinate and deploy these friendly resources for maximum results. Sri Lanka is already teamed with India for meteorological monitoring and forecasting, and with Japan for landslide research and studies. These collaborations will obviously continue but they should be focused to fill gaps in climate predictions, and to enhance local level monitoring and prevention of landslides.

To deal with the restoration of the damaged infrastructure in multiple watershed areas, the government may want to revisit the Accelerated Mahaweli Scheme for an approach to deal with the current crisis. The genesis and implementation of that scheme involved as many flaws as it produced benefits, but what might be relevant here is to approach the different countries who were involved in funding and building the different Mahaweli headworks and downstream projects. Australia, Britain, Canada, China, Italy, Japan, Sweden and Germany are some of the countries that were involved in the old Mahaweli projects. They could be approached for technical and financial assistance to restore the damaged infrastructure pieces in the respective watershed areas where these countries were involved.

by Rajan Philips ✍️

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Feeling sad and blue?

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Rowan Atkinson

Here is what you can do!

Comedy and the ability to have a good laugh are what keep us sane. The good news to announce is that there are many British and American comedy shows posted up and available on the internet.

They will bring a few hours of welcome relief from our present doldrums.

Firstly, and in a class of its own, are the many Benny Hill shows. Benny is a British comedian who comes from a circus family, and was brought up in an atmosphere of circus clowning. Each show is carefully polished and rehearsed to get the comedy across and understood successfully. These clips have the most beautiful stage props and settings with suitable, amusing costumes. This is really good comedy for the mature, older viewer.

Benny Hill has produced shows that are “Master-Class” in quality adult entertainment. All his shows are good.

Then comes the “Not the Nine o’clock news” with Rowan Atkinson and his comedy team producing good entertainment suitable for all.

And then comes the “Two Ronnies” – Ronnie Barker and Ronnie Corbett, with their dry sense of humour and wit. Search and you will find other uplifting shows such as Dave Allen, with his monologues and humour.

All these shows have been broadcast in Britain over the last 50 years and are well worth viewing on the Internet.

Similarly, in The USA of America. There are some really great entertainment shows. And never forget Fats Waller in the film “Stormy Weather,” where he was the pianist in the unforgettable, epic, comedy song “Ain’t Misbehavin”. And then there is “Bewitched” with young and glamorous Samantha Stevens and her mother, Endora who can perform magic. It is amazing entertainment! This show, although from the 1970s was a milestone in US light entertainment, along with many more.

And do not overlook Charlie Chaplin and Laurel and Hardy, and all the Disney films. Donald Duck gives us a great wealth of simple comedy.

The US offers you a mountain of comedy and good humour on Youtube. All these shows await you, just by accessing the Internet! The internet channel, ‘You tube’ itself, comes from America! The Americans reach out to you with good, happy things right into your own living room!

Those few people with the ability to understand English have the key to a great- great storehouse of uplifting humour and entertainment. They are rich indeed!

by Priyantha Hettige

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Lalith A’s main enemy was lack of time and he battled it persistently

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Athulathmudali

Presidential Mobile Service at Matara amid JVP terror

Like most Ministers, Mr. Athulathmudali over programmed himself. In this respect his was an extreme case. He was an early riser and after his morning walk and the usual routines of a morning, was ready for business by 6.30 a.m. In fact he once shocked an IMF delegation by fixing the appointment with it at this hour. The delegation had to be persuaded that they had heard right, and that the appointment was indeed for 6.30 a.m. and not 6.30 p.m. This desire to get through much as possible during a day inevitably led to certain imbalances. Certain matters which needed more time did not get that time, whilst at the level of officials, we felt that we needed more time with him, and quality time at that.

I had spoken to him several times on this subject. He always had good intentions and wanted to give us more time. But with his political, social and even intellectual responsibilities in regard to speaking engagements of a highly professional nature, it was not often possible to find this time. This situation was highlighted in a comic way, when one day on hearing that the minister had arrived in office for a short time, I grabbed some important papers which I wanted to discuss with him, and made for his room. When I entered, I found three officers, with files in their hands milling outside the door of the washroom. The minister was inside.

I suggested that we might as well form a queue outside the door, a queue which I also joined. An official who came after me also joined the queue. When the minister opened the door, to his great astonishment, and then to his amusement, he found five senior officials, including his Secretary lined up outside the bathroom door! It was funny and we made it funny. But the underlying intentions were quite serious, and we wanted to send him a message that we wanted more time with him. We had to however grab moments such as these in order to keep the flow of work going.One day he good humouredly said, “You all swamp me as I come in,” to which I lightly replied “As a distinguished lawyer you should know that possession is nine-tenths of the law, and now we are in possession of both your room and your attention.” Mr. Athulathmudali chuckled.

An important requirement under Mr. Athulathmudali was a report that had to be submitted to him if any official under his Ministry went abroad on official business. The report had to be reasonably brief, more analytical than descriptive and wherever possible or relevant contain specific recommendations in regard to the betterment of the officer’s area of work. Since the Ministry was quite large, a considerable number of officials went abroad for seminars, study tours, research collaboration, conferences, negotiations and so on. There were, therefore a significant number of reports coming to him. Many of these he read, and on some, he commented or asked questions or sought clarifications. What amazed us was how he found the time. His main enemy was time and he battled it with persistence and determination. Most of us were also in a similar position, and in this, his powerful example was a source of encouragement.

Duties not quite pleasant

As mentioned in several places in these memoirs, a senior public servant’s or a Secretary’s job is not always a pleasant one. At the level of the hierarchy of officials the buck stops with you. Thereafter, when necessary, battling the minister becomes your business. I used to insist to my officials that I needed a good brief. I was not prepared to go and start an argument with a minister unless I was in possession of the full facts. Interpretation was my business. But I needed verifiable facts and authentic figures. Officers who worked with me were soon trained to comply with these requirements. After that was done, if there was any flak, it was my business to take it upon myself. On one such occasion, I had to speak rather firmly to the acting Minister, Mr. G.M. Premachandra. He was young, energetic and even aggressive and was somewhat of a “stormy petrel.” He was an effective speaker in the Sinhala e and could be a formidable debater.

When he became State Minister for Food, he took it upon himself to probe everything. He started getting involved in administrative matters, the implications of which he did not understand, and the details of which he had no time for. During the course of these he not only started criticizing officials liberally, but also employed innuendo to suggest that they were corrupt. When interested parties got to know this, they fed him with halftruths and sometimes plain lies. This naturally confirmed the suspicions in his own mind. He blindly felt around and got hold of some tail and thought that was the elephant. The State Secretary, Mr. Sapukotana, an experienced and balanced official tried his best to advice the minister of the consequences of his actions.

Senior officials in the Food Department were being kept off balance much of the time. Paralysis as creeping into the decision making process. No one was taking decisions because taking decisions risked misinterpretation, suspicion and innuendo. The Deputies were pushing papers up to the Food Commissioner, and soon the Food Commissioner was pushing papers up to the State Secretary. Matters were getting really serious, because delays in calling for and deciding on tenders, attending to commercial disputes and so on were bound to have a serious effect on the availability of timely food supplies, and the maintaining of food security.

Mr. Sapukotana kept me informed from time to time of the developing situation. He tried his best to handle it without disturbing me. But it gradually came to a point that we were both of the view that my intervention was necessary. I took an opportunity that presented itself after a “mini cabinet” meeting which Mr. Premachandra chaired as Acting Minister. I asked him whether he would stay back for a moment. His Secretary seemed embarrassed to stay, but I asked him also to sit. Thereafter, I politely but firmly explained to the minister, the consequences of his actions.

I asked him whether he was aware that nobody was prepared to take a decision in the food sector. I pointed out that should disaster strike, Minister Athulathmudali would certainly ask him for an explanation. I told him further, that in such a contingency, that we as officials will have to tell the truth to the minister. The acting minister listened in silence. I wondered as to what forces of counter attack were gathering in his breast. He did not have the reputation of bowing meekly to a challenge and here I was calling into question his entire approach to his work.

Ultimately when he spoke, he said something that we least expected and which took us completely by surprise. He said that he listened carefully to me; he said that until now he had not realized the gravity of the situation that his actions were precipitating. Then to my great astonishment he said: “You have given me advice like a parent, like a father. Even parents don’t always give such good advice. I will act according to your advice.” Mr. Sapukotana and I were rendered speechless. This was one more of the many experiences I had in public service, where the totally unexpected had occurred.

Through my experience I have been convinced that one should not shirk one’s duty to advice ministers. This duty has to be performed in the public interest and one should not be deterred by possible consequences. However, there is a way and manner of giving this advice. One has to be polite. One should not adopt a confrontational attitude. In my experience, some of these “consequences” which people fear are more imagined than real, and ministers and politicians do not always act according to their perceived public characteristics. On this occasion Mr. Premachandra was a case in point.

Presidential Mobile Service – Matara

The second Presidential Mobile Service was to be held at Matara on November 3, 1989. This was a time of intense JVP activity when the country was gripped by fear. The decision to hold the service in Matara in the deep south was it a sense a challenge to the JVP. Rumours were rife that they would disrupt activities. We were to leave during the early morning of Nov. 3 and this itself was scary. In fact the country had reached a stage where there was very little traffic on the roads after about 9 p.m. We had now to leave for Matara to face an unknown situation leaving home around 4.30 in the morning.

When we left, we noticed that there was hardly any traffic on the roads. All around was in pitch darkness. Even some of the street lights were not functioning. It was quite eerie. We made our way past numerous check points at a couple of which we were stopped.

All this was not a comfortable experience. One felt apprehension. I was booked at the Weligama rest house but when I reached it I found that the power had been disrupted by the JVP during the previous night. We would have to be without lights or fans. But what was far worse was that the disruption of power had affected the pumping of water and the toilets could not be flushed.

The rest house was in short uninhabitable. The authorities there informed us that power would be restored by evening. But none of us had confidence that this would be done or if done, that it would not be disrupted again during the night. Some of us therefore decided to make alternative arrangements, which were not easy to make. Most of the hotels in the vicinity of Matara and even somewhat beyond had already been booked. Eventually, after a diligent search and with the assistance of friends, I found myself a room at Koggala Beach hotel.

This was an immense relief. In fact, it turned out to be much more than mere relief because of the interesting crowd of public servants in occupation. They were a jolly group of story tellers who had a variety of the most hilarious anecdotes to retail, which spared no one. When we reached the hotel at the end of a tiring day, we were able to forget the grim reality outside. Perhaps we really needed to laugh our cares away. Most of us had been subjected to considerable strain for a significant period of time.

At the mobile service itself in the Rahula College premises where the service was held was almost completely deserted on the first day. People were afraid to defy a JVP ban on attending. On the second day however the dam burst. People flocked in from all quarters and directions jamming the space and facilities available. Long queues formed outside areas allocated to all Ministries. The people themselves had suffered due to the disruption of their lives and activities, and when some relief seemed available, one day was all they could contain themselves however dire the threat. They voted with their feet.

On that second day we couldn’t finish at 5 p.m. There were so many people that hours were extended till 6.30 p.m. By the time we got back to our hotels, it was well past 8 p.m. Usually, the third day of the service was a half day, where we finished by 1 p.m., had lunch and started for home. But because of the lost first day and the crowds, the third day was extended to 5 p.m. But that was the official time. Many of us were stuck till about 7 p.m. We did not want to abandon the people still in the queue and who were now looking pretty desperate that they would not be attended to. They had suffered much. This meant once again traveling in the dark, this time to get home.

(Excerpted from In Pursuit of Governance, autobiography of MDD Peiris)

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