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Justice Minister Ali Sabry on what he’s trying to do

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Omnibus interview with Saman Indrajith

Justice Minister President’s Counsel Ali Sabry is known in the legal fraternity as among the most brilliant lawyers this country has seen in recent times. He has embarked on an ambitious plan to reform the legal system especially in respect of addressing law delays. He is confident that he could bring about the change and that will ultimately help this country and its people to reach their true potential, Minister Sabry said during an interview with The Sunday Island.

Excerpts:

 

Q: What is your assessment of the current political situation?

A:

In the current political situation, when it comes to party politics, the government is of course in a very strong position with its two thirds majority in parliament. Of course there are differences of opinion within the ruling party. That is how democracy works. But still in the government we are all united, compared to the opposition which is weak and not effective.

 

Q: The government came to power promising constitutional reforms. There were reports that the reforming process had commenced months back under your leadership. Would you like to comment on the current statusd of that process?

A:

On the instructions of President Gotabaya Rajapaksa and with the approval of the cabinet we have appointed an 11-member committee led by President’s Counsel Romesh de Silva to report on constitutional changes. It is a committee with diverse opinions and representations of many religions and communities. There are jurists, legal luminaries, legal academics, and members of civil society, Buddhists, Catholics, Sinhalese, Tamils and Muslims. They have been given a mandate to study and examine past attempts to amend the constitutions, to consult the public, religious leaders and political parties and to come up with a draft constitution. They have been working very hard. I understand that last weekend they traveled to Kandy to meet some of the people there to get their opinions as a part of the consultative process. They will submit their first draft in March. It would be then presented to the Cabinet to decide on its passage through parliament.

 

Q: There is a strong opinion that constitutions since Independence have not been able to support building what is known as a unique Sri Lankan identity but instead contributed to promoting communal identities. Do you think that the new constitution would be able to do something different and help promote a pan-Sri Lankan identity?

A:

Ideally that should be the case. But you have to understand that this is a country with a great history based on Buddhism. So Buddhism has to be preserved and given the foremost of place as it has been the case in the 1972 and 1978 constitutions. By doing so it should ensure we respect other religions too. We can embrace good qualities of all our communities and create a Sri Lankan identity that is acceptable to 70 percent of the Sinhala Buddhists. In that case we must promote the brand of Buddhism known in this country for centuries, helping people celebrate each other not despise each other, creating an identity which will help each other. That’s the brand of Buddhism known to people of this country for a long period of time.

The worst done to the Muslim community has been done by those promoting the ideology of Taliban and other extremist groups. They profess a brand of Islam that true Islam is never known for. It is a militant and non-tolerant, a rigid brand. Opposed to that we have a history of Sri Lanka known for its religious tolerance and love of peace. For example while the whole world was hating Japan at the San Francisco summit, Mr. JR Jayewardene, representing this country, who helped them to open their eyes to reality by explaining the Buddhist value that hatred never ceases by hatred but would only cease by love, respect and mercy. Whenever there were disputes between nations in the region, Japan and China, India and China and India and Pakistan, Prime Minister Sirima Bandaranaike met with their leaders and diffused those tensions by professing Buddhist values. When all the powerful nations were trying to write off Palestine from the world map, Mahinda Rajapaksa stood up and supported them.

Those leaders could achieve peace because our society is based on values Gautama Buddha had preached such as equality; respect for each other’s dignity and love. That is the brand I think that we should promote once again. If that happens we will be truly representing ourselves as true ambassadors of this great country and great philosophy of Buddhism which nobody can oppose or go against. It is a choice for all Lankans right now. As a Muslim I hate Taleban Islam. They have inflicted the biggest damage on the Islamic faith. We do not want any extremism of any sort. Every religion preaches peace, harmony, respect and brotherhood. Having said so, Sri Lanka should be primarily a Sinhala Buddhist country. We have been respected by the world as being primarily a Sinhala Buddhist country in the 1960s and 1970s. We must get a Sri Lankan identity which embraces everyone, Sinhalese, Tamils, Muslims so that all can feel proud and say that we, despite all our differences, are Sri Lankans. That is where I want to see this country going.

 

Q: There are news items quoting you of ambitious plans by the justice ministry to effect changes. According to some, the changes mean overhauling the system and that many archaic laws are being changed. How long do you think this would take?

A:

One of the main reasons that compelled me to take leave from the legal profession and enter politics was that the need to change the legal system. This system needs an overall change. In the World Bank’s ‘Ease of Doing Business in 2028’ world ranking we were at 112 out of 185 countries. In the index of ‘Enforcement of Contacts’ Sri Lanka was at 165 out of 189 countries because it takes such a long time to enforce a contract here. Countries such as Ethiopia, Rwanda are ranked better than us because their legal systems are more effective than ours. It is not about the independence of the judiciary per se. With regard to the independence of the judiciary I think we can be happy where Sri Lanka stands today irrespective of the few cases of which people are complaining. Independence of the judiciary itself is not everything. It has to be effective, efficient, time-tested, and affordable. That is what the rankings are about.

Before I started politics I was involved in legal reforms from the Bar Association as an executive committee member, as a treasurer then finally as the deputy president. We have a very strong strategy to look into all matters carefully. In one of our research results we found that Sri Lanka has 15 judges per one million population whereas advanced countries such as Germany and Canada have almost 200; countries like Singapore have more than 100 per million people whereas Malaysia and Thailand have 65 to 68 judges, even India has 20 judges per one million. We decided to increase the number of judges and started it from the Supreme Court and Court of Appeal. More judges would be appointed to lower courts in the coming months.

In addition we started improving infrastructure of court houses countrywide. We have not yet been able to embrace the advantages made available to us by technology. Other countries have done that and digitalized their systems. We recently started the digitizing process. The Supreme Court started e-filing rules. Magistrate Courts and Court of Appeal commenced to hear bail applications online. High Courts now accept e-filing and the Court of Appeal commenced e-hearing. There is so much to be done but we hope we can complete this in four years time.

We are also planning to bring about amendments to many laws that had not been visited for many decades. For that purpose we have appointed three committees on criminal law, civil law and commercial law. Altogether around 20 committees are now working on different specialized areas of law. I am happy to say more than 150 highly respected lawyers are serving in those different committees and most of them serve voluntarily without taking any fee for their services. There is an expectation in our legal community that something is happening and they need to be part of it. I am very optimistic that we could transform this system. It will take some time for results.

In some matters we have been able to see the results. When I assumed duties the backlog of cases stuck at the Government Analyst’s Department was around 16,000. Now, we have almost finished most of those case analyses and by the end of March we finish clearing the backlog. In January, we set a very high target of turning out 4,828 reports. We achieved 104 percent. That was something unthinkable six months ago. I am sure that we can transform the system.

Q: There were reports that Sri Lanka Law College Student’s Union had been agitating for some time demanding that there were academic, infrastructure and welfare issues of students that have been overlooked. There were also reports that the president and secretary of the union met you recently with all those matters presented in writing. The students complain that what they witness is a game of passing buck between authorities. In what way you can solve their problems because it was also your college once.

A:

I have a huge respect, love and admiration for the Law College. It is a great place which has turned out Lankan leaders such as Presidents JR Jayewardene and Mahinda Rajapaksa. We need to preserve that place and maintain its standards and stature and independence. The Incorporated Council of Legal Education is an independent body. The Justice Minister can appoint few people to the council, but the majority is ex officio – the Chief Justice, two members of the Supreme Court, the Attorney General, the Solicitor General, two members from the Bar Association of Sri Lanka and Secretary to the Ministry of Justice. It is an independent body and unfortunately there had been no funding from the government to the council for its functions. They have to meet their expenses with the funds collected as fees from the college. That is the problem.

I took over in August, and I did not want to remove serving members though some were appointed by the previous government. They are also respectable members of our profession. Though they have been appointed to the council by the previous minister, I did not want to be ungrateful and remove them in the middle of their terms. When their terms ended I appointed my representatives including Harsha Amarasekera, the Chairman of the Sampath Bank, Sanjeewa Jayawardena, Naveen Marapana, Sampath Mendis, all are President’s Counsels and Prof Camena Gunaratne and also the Dean of the Faculty of Law of the University of Colombo. I hope the new team will come together and study the situation and decide what is to be done. I agree the Law College needs to be upgraded and it has been long neglected in all aspects of its quality of education, infrastructure, welfare of students, extra-curricular activities, embracing technology etc. I am sure that his lordship, the Chief Justice and his Council will carefully re-look at problems and find a way to upgrade the Law College. I am ever willing to help.

 

Q: Many brilliant lawyers held the post of justice minister. Some of them after their stint in politics returned to the Bar not to be welcomed. For example it is said that when Felix Dias Bandaranaike returned to the bar after a stint in politics, the legal fraternity at Hulftsdorp considered him a ‘plague’. The fraternity including judges and other lawyers will keep in mind what the justice ministers do. How do you see your future?

A

: I do not have long term ambitions in politics. I want to positively contribute for the upliftment of our country. Some people misinterpret even a single word I may say. All my intentions are very pure. I have sacrificed a lot to come here. I firmly believe in a single Sri Lankan identity. I also firmly believe Sri Lankan Muslims should live and embrace Sri Lankan culture. There is a sub-Sri Lankan Muslim culture that is different to the Sinhala Buddhist culture. But it is a Sri Lankan Muslim culture. That has to be embraced. There is nothing for us to be afraid of each other. We can help each other. We must create that environment. That is one of the objectives in my coming to politics.

As I already told you I decided to come to politics because I want to see a change of system. I have seen the agony of clients and people because of the delays. On the other hand this country cannot reach its true potential when the justice system is in the lower slots of international rankings. As long as I am here I work 24 hours by seven. My staff in the ministry too work in the same manner. Those at the government analyst’s department worked many extra hours without even applying for overtime to clear the backlog of reports. I am so grateful to them because they work very hard. They work because they have felt something is happening and the whole bisiness is moving in the right direction.

All the officers in this ministry, I am so glad, are working to complete their tasks. Some of them are working even on Saturdays and Sundays. That means that they know that we have come here for a reason and we will transform this place. The ultimate beneficiary of this work is the general public.

We are interested in making the Sri Lankan legal system world class, to bring our rankings higher so ultimately that will contribute to the rule of law so people will be safe on the streets; that they do not need to wait for a long period of time to see justice being done. After completing this I will go back to my profession to practice law.



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Who Owns the Clock? The Quiet Politics of Time in Sri Lanka

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(This is the 100th column of the Out of the Box series, which began on 6 September, 2023, at the invitation of this newspaper – Ed.)

A new year is an appropriate moment to pause, not for celebration, but to interrogate what our politics, policies, and public institutions have chosen to remember, forget, and repeat. We celebrate the dawn of another brand-new year. But whose calendar defines this moment?

We hang calendars on our walls and carry them in our phones, trusting them to keep our lives in order, meetings, exams, weddings, tax deadlines, pilgrimages. Yet calendars are anything but neutral. They are among humanity’s oldest instruments of power: tools that turn celestial rhythms into social rules and convert culture into governance. In Sri Lanka, where multiple traditions of time coexist, the calendar is not just a convenience, it is a contested terrain of identity, authority, and fairness.

Time is never just time

Every calendar expresses a political philosophy. Solar systems prioritise agricultural predictability and administrative stability; lunar systems preserve religious ritual even when seasons drift; lunisolar systems stitch both together, with intercalary months added to keep festivals in season while respecting the moon’s phases. Ancient India and China perfected this balancing act, proving that precision and meaning can coexist. Sri Lanka’s own rhythms, Vesak and Poson, Avurudu in April, Ramadan, Deepavali, sit inside this wider tradition.

What looks “technical” is actually social. A calendar decides when courts sit, when budgets reset, when harvests are planned, when children sit exams, when debts are due, and when communities celebrate. It says who gets to define “normal time,” and whose rhythms must adapt.

The colonial clock still ticks

Like many postcolonial societies, Sri Lanka inherited the Gregorian calendar as the default language of administration. January 1 is our “New Year” for financial statements, annual reports, contracts, fiscal plans, school terms, and parliamentary sittings, an imported date shaped by European liturgical cycles and temperate seasons rather than our monsoons or zodiac transitions. The lived heartbeat of the island, however, is Avurudu: tied to the sun’s movement into Mesha Rāshi, agricultural renewal, and shared rituals of restraint and generosity. The result is a quiet tension: the calendar of governance versus the calendar of lived culture.

This is not mere inconvenience; it is a subtle form of epistemic dominance. The administrative clock frames Gregorian time as “real,” while Sinhala, Tamil, and Islamic calendars are relegated to “cultural” exceptions. That framing shapes everything, from office leave norms to the pace at which development programmes expect communities to “comply”.

When calendars enforce authority

History reminds us that calendar reforms are rarely innocent. Julius Caesar’s reshaping of Rome’s calendar consolidated imperial power. Pope Gregory XIII’s reform aligned Christian ritual with solar accuracy while entrenching ecclesiastical authority. When Britain finally adopted the Gregorian system in 1752, the change erased 11 days and was imposed across its empire; colonial assemblies had little or no say. In that moment, time itself became a technology for governing distant subjects.

Sri Lanka knows this logic. The administrative layers built under colonial rule taught us to treat Gregorian dates as “official” and indigenous rhythms as “traditional.” Our contemporary fiscal deadlines, debt restructurings, even election cycles, now march to that imported drumbeat, often without asking how this timing sits with the island’s ecological and cultural cycles.

Development, deadlines and temporal violence

Modern governance is obsessed with deadlines: quarters, annual budgets, five-year plans, review missions. The assumption is that time is linear, uniform, and compressible. But a farmer in Anuradhapura and a rideshare driver in Colombo do not live in the same temporal reality. Monsoons, harvests, pilgrimage seasons, fasting cycles, school term transitions, these shape when people can comply with policy, pay taxes, attend trainings, or repay loans. When programmes ignore these rhythms, failure is framed as “noncompliance,” when in fact the calendar itself has misread society. This mismatch is a form of temporal violence: harm produced not by bad intentions, but by insensitive timing.

Consider microcredit repayment windows that peak during lean agricultural months, or school examinations scheduled without regard to Avurudu obligations. Disaster relief often runs on the donor’s quarterly clock rather than the community’s recovery pace. In each case, governance time disciplines lived time, and the least powerful bend the most.

Religious time vs administrative time

Sri Lanka’s plural religious landscape intensifies the calendar question. Buddhism, Hinduism, Islam, and Christianity relate to time differently: lunar cycles, solar markers, sacred anniversaries. The state acknowledges these mainly as public holidays, rather than integrating their deeper temporal logic into planning. Vesak is a day off, not a rhythm of reflection and restraint; Ramadan is accommodated as schedule disruption, not as a month that reorganises energy, sleep, and work patterns; Avurudu is celebrated culturally but remains administratively marginal. The hidden assumption is that “real work” happens on the Gregorian clock; culture is decorative. That assumption deserves challenge.

The wisdom in complexity

Precolonial South and East Asian calendars were not confused compromises. They were sophisticated integrations of astronomy, agriculture, and ritual life, adding intercalary months precisely to keep festivals aligned with the seasons, and using lunar mansions (nakshatra) to mark auspicious thresholds. This plural logic admits that societies live on multiple cycles at once. Administrative convenience won with the Gregorian system, but at a cost: months that no longer relate to the moon (even though “month” comes from “moon”), and a yearstart with no intrinsic astronomical significance for our context.

Towards temporal pluralism

The solution is not to abandon the Gregorian calendar. Global coordination, trade, aviation, science, requires shared reference points. But ‘shared’ does not mean uncritical. Sri Lanka can lead by modelling temporal pluralism: a policy posture that recognises different ways of organising time as legitimate, and integrates them thoughtfully into governance.

Why timing is justice

In an age of economic adjustment and climate volatility, time becomes a question of justice: Whose rhythms does the state respect? Whose deadlines dominate? Whose festivals shape planning, and whose are treated as interruptions? The more governance assumes a single, imported tempo, the wider the gap between the citizens and the state. Conversely, when policy listens to local calendars, legitimacy grows, as does efficacy. People comply more when the schedule makes sense in their lives.

Reclaiming time without romanticism

This is not nostalgia. It is a pragmatic recognition that societies live on multiple cycles: ecological, economic, ritual, familial. Good policy stitches these cycles into a workable fabric. Poor policy flattens them into a grid and then blames citizens for falling through the squares.

Sri Lanka’s temporal landscape, Avurudu’s thresholds, lunar fasts, monsoon pulses, exam seasons, budget cycles, is rich, not chaotic. The task before us is translation: making administrative time converse respectfully with cultural time. We don’t need to slow down; we need to sync differently.

The last word

When British subjects woke to find 11 days erased in 1752, they learned that time could be rearranged by distant power. Our lesson, centuries later, is the opposite: time can be rearranged by near power, by a state that chooses to listen.

Calendars shape memory, expectation, discipline, and hope. If Sri Lanka can reimagine the governance of time, without abandoning global coordination, we might recover something profound: a calendar that measures not just hours but meaning. That would be a reform worthy of our island’s wisdom.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Medicinal drugs for Sri Lanka:The science of safety beyond rhetoric

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The recent wave of pharmaceutical tragedies in Sri Lanka, as well as some others that have occurred regularly in the past, has exposed a terrifying reality: our medicine cabinets have become a frontline of risk and potential danger. In recent months, the silent sanctuary of Sri Lanka’s healthcare system has been shattered by a series of tragic, preventable deaths. The common denominator in these tragedies has been a failure in the most basic promise of medicine: that it will heal, not harm. This issue is entirely contrary to the immortal writings of the Father of Medicine, Hippocrates of the island of Kos, who wrote, “Primum non nocere,” which translates classically from Latin as “First do no harm.” The question of the safety of medicinal drugs is, at present, a real dilemma for those of us who, by virtue of our vocation, need to use them to help our patients.

For a nation that imports the vast majority of its medicinal drugs, largely from regional hubs like India, Pakistan, and Bangladesh, the promise of healing is only as strong as the laboratory that verifies these very same medicinal drugs. To prevent further problems, and even loss of lives, we must demand a world-class laboratory infrastructure that operates on science, not just sentiment. We desperately need a total overhaul of our pharmaceutical quality assurance architecture.

The detailed anatomy of a national drug testing facility is not merely a government office. It is a high-precision fortress. To meet international standards like ISO/IEC 17025 and World Health Organisation (WHO) Good Practices for Pharmaceutical Quality Control Laboratories, such a high-quality laboratory must be zoned into specialised units, each designed to catch a different type of failure.

*  The Physicochemical Unit: This is where the chemical identity of a drug is confirmed. Using High-Performance Liquid Chromatography (HPLC) and Gas Chromatography-Mass Spectrometry (GC-MS), scientists determine if a “500mg” tablet actually contains 500mg of the active ingredient or if it is filled with useless chalk.

*  The Microbiology Suite: This is the most critical area for preventing “injection deaths.” It requires an ISO Class 5 Cleanroom: sterile environments where air is filtered to remove every microscopic particle. Here, technicians perform Sterility Testing to ensure no bacteria or fungi are present in medicines that have to be injected.

*  The Instrumentation Wing: Modern testing requires Atomic Absorption Spectrometers to detect heavy metal contaminants (like lead or arsenic) and Stability Chambers to see how drugs react to Sri Lanka’s high humidity.

*  The injectable drug contamination is a serious challenge. The most recent fatalities in our hospitals were linked to Intravenous (IV) preparations. When a drug is injected directly into the bloodstream, there is no margin for error. A proper national laboratory must conduct two non-negotiable tests:

*  Bacterial Endotoxin Testing (BET): Even if a drug is “sterile” (all bacteria are dead), the dead bacteria leave behind toxic cell wall products called endotoxins. If injected, these residual compounds cause “Pyrogenic Reactions” with violent fevers, organ failure, and death. A functional lab must use the Limulus Amoebocyte Lysate (LAL) test to detect these toxins at the parts-per-billion level.

*  Particulate Matter Analysis: Using laser obscuration, labs must verify that no microscopic shards of glass or plastic are floating in the vials. These can cause fatal blood clots or embolisms in the lungs.

It is absolutely vital to assess whether the medicine is available in the preparation in the prescribed amounts and whether it is active and is likely to work. This is Bioavailability. Sri Lanka’s heavy reliance on “generic” imports raises a critical question: Is the cheaper version from abroad as effective as the original, more expensive branded formulation? This is determined by Bioavailability (BA) and Bioequivalence (BE) studies.

A drug might have the right chemical formula, but if it does not dissolve properly in the stomach or reach the blood at the right speed, it is therapeutically useless. Bioavailability measures the rate and extent to which the active ingredient is absorbed into the bloodstream. If a cheaper generic drug is not “bioequivalent” to the original brand-named version, the patient is essentially taking a useless placebo. For patients with heart disease or epilepsy, even a 10% difference in bioavailability can lead to treatment failure. A proper national system must include a facility to conduct these studies, ensuring that every generic drug imported is a true “therapeutic equivalent” to the brand-named original.

As far as testing goes, the current testing philosophy is best described as Reactive, rather than Proactive. The current Sri Lankan system is “reactive”: we test a drug only after a patient has already suffered. This is a proven recipe for disaster. To protect the public, we must shift to a Proactive Surveillance Model of testing ALL drugs at many stages of their dispensing.

*  Pre-Marketing Approval: No drug should reach a hospital shelf without “Batch Release” testing. Currently, we often accept the manufacturer’s own certificate of analysis, which is essentially like allowing students to grade their own examination answers.

*  Random Post-Marketing Surveillance (PMS): Regulatory inspectors must have the power to walk into any rural pharmacy or state hospital, pick a box of medicine at random, and send it to the lab. This could even catch “substandard” drugs that may have degraded during shipping or storage in our tropical heat. PMS is the Final Safety Net. Even the best laboratories cannot catch every defect. Post-Marketing Surveillance is the ongoing monitoring of a drug’s safety after it has been released to the public. It clearly is the Gold Standard.

*  Pharmacovigilance: A robust digital system where every “Adverse Drug Reaction” (ADR) is logged in a national database.

*  Signal Detection: An example of this is if three hospitals in different provinces report a slight rash from the same batch of an antibiotic, the system should automatically “flag” that batch for immediate recall before a more severe, unfortunate event takes place.

*  Testing for Contaminants: Beyond the active ingredients, we must test for excipient purity. In some global cases, cheaper “glycerin” used in syrups was contaminated with diethylene glycol, a deadly poison. A modern lab must have the technology to screen for these hidden killers.

When one considers the Human Element, Competence and Integrity, the very best equipment in the world is useless without the human capital to run it. A national lab would need the following:

*  Highly Trained Pharmacologists and Microbiologists and all grades of staff who are compensated well enough to be immune to the “lobbying” of powerful external agencies.

*  Digital Transparency: A database accessible to the public, where any citizen can enter a batch number from their medicine box and see the lab results.

Once a proper system is put in place, we need to assess as to how our facilities measure up against the WHO’s “Model Quality Assurance System.” That will ensure maintenance of internationally recognised standards. The confirmed unfavourable results of any testing procedure, if any, should lead to a very prompt “Blacklist” Initiative, which can be used to legally bar failing manufacturers from future tenders. Such an endeavour would help to keep all drug manufacturers and importers on their toes at all times.

This author believes that this article is based on the premise that the cost of silence by the medical profession would be catastrophic. Quality assurance of medicinal compounds is not an “extra” cost. It is a fundamental right of every Sri Lankan citizen, which is not at all subject to any kind of negotiation. Until our testing facilities match the sophistication of the manufacturers we buy from, we are not just importing medicine; we are importing potential risk.

The promises made by the powers-that-be to “update” the testing laboratories will remain as a rather familiar, unreliable, political theatre until we see a committed budget for mass spectrometry, cleanroom certifications, highly trained and committed staff and a fleet of independent inspectors. Quality control of therapeutic medicines is not a luxury; it is the price to be paid for a portal of entry into a civilised and intensively safe healthcare system. Every time we delay the construction of a comprehensive, proactive testing infrastructure, we are playing a game of Russian Roulette with the lives of our people.

The science is available, and the necessary technology exists. What is missing is the political will to put patient safety as the premier deciding criterion. The time for hollow rhetoric has passed, and the time for a scientifically fortified, transparent, and proactive regulatory mechanism is right now. The good health of all Sri Lankans, as well as even their lives, depend on it.

Dr B. J. C. Perera  

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL) 

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

Joint Editor, Sri Lanka Journal of Child Health

Section Editor, Ceylon Medical Journal

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Rebuilding Sri Lanka Through Inclusive Governance

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Management Committee of the 'Rebuilding Sri Lanka' Fund Appointed with Representatives from the Public and Private Sectors - PMD

In the immediate aftermath of Cyclone Ditwah, the government has moved swiftly to establish a Presidential Task Force for Rebuilding Sri Lanka with a core committee to assess requirements, set priorities, allocate resources and raise and disburse funds. Public reaction, however, has focused on the committee’s problematic composition. All eleven committee members are men, and all non-government seats are held by business personalities with no known expertise in complex national development projects, disaster management and addressing the needs of vulnerable populations. They belong to the top echelon of Sri Lanka’s private sector which has been making extraordinary profits. The government has been urged by civil society groups to reconsider the role and purpose of this task force and reconstitute it to be more representative of the country and its multiple  needs.

 The group of high-powered businessmen initially appointed might greatly help mobilise funds from corporates and international donors, but this group may be ill equipped to determine priorities and oversee disbursement and spending. It would be necessary to separate fundraising, fund oversight and spending prioritisation, given the different capabilities and considerations required for each. International experience in post disaster recovery shows that inclusive and representative structures are more likely to produce outcomes that are equitable, efficient and publicly accepted. Civil society, for instance, brings knowledge rooted in communities, experience in working with vulnerable groups and a capacity to question assumptions that may otherwise go unchallenged.

 A positive and important development is that the government has been responsive to these criticisms and has invited at least one civil society representative to join the Rebuilding Sri Lanka committee. This decision deserves to be taken seriously and responded to positively by civil society which needs to call for more representation rather than a single representative.  Such a demand would reflect an understanding that rebuilding after a national disaster cannot be undertaken by the state and the business community alone. The inclusion of civil society will strengthen transparency and public confidence, particularly at a moment when trust in institutions remains fragile. While one appointment does not in itself ensure inclusive governance, it opens the door to a more participatory approach that needs to be expanded and institutionalised.

Costly Exclusions

 Going  down the road of history, the absence of inclusion in government policymaking has cost the country dearly. The exclusion of others, not of one’s own community or political party, started at the very dawn of Independence in 1948. The Father of the Nation, D S Senanayake, led his government to exclude the Malaiyaha Tamil community by depriving them of their citizenship rights. Eight years later, in 1956, the Oxford educated S W R D Bandaranaike effectively excluded the Tamil speaking people from the government by making Sinhala the sole official language. These early decisions normalised exclusion as a tool of governance rather than accommodation and paved the way for seven decades of political conflict and three decades of internal war.

Exclusion has also taken place virulently on a political party basis. Both of Sri Lanka’s post Independence constitutions were decided on by the government alone. The opposition political parties voted against the new constitutions of 1972 and 1977 because they had been excluded from participating in their design. The proposals they had made were not accepted. The basic law of the country was never forged by consensus. This legacy continues to shape adversarial politics and institutional fragility. The exclusion of other communities and political parties from decision making has led to frequent reversals of government policy. Whether in education or economic regulation or foreign policy, what one government has done the successor government has undone.

 Sri Lanka’s poor performance in securing the foreign investment necessary for rapid economic growth can be attributed to this factor in the main. Policy instability is not simply an economic problem but a political one rooted in narrow ownership of power. In 2022, when the people went on to the streets to protest against the government and caused it to fall, they demanded system change in which their primary focus was corruption, which had reached very high levels both literally and figuratively. The focus on corruption, as being done by the government at present, has two beneficial impacts for the government. The first is that it ensures that a minimum of resources will be wasted so that the maximum may be used for the people’s welfare.

Second Benefit

 The second benefit is that by focusing on the crime of corruption, the government can disable many leaders in the opposition. The more opposition leaders who are behind bars on charges of corruption, the less competition the government faces. Yet these gains do not substitute for the deeper requirement of inclusive governance. The present government seems to have identified corruption as the problem it will emphasise. However, reducing or eliminating corruption by itself is not going to lead to rapid economic development. Corruption is not the sole reason for the absence of economic growth. The most important factor in rapid economic growth is to have government policies that are not reversed every time a new government comes to power.

 For Sri Lanka to make the transition to self-sustaining and rapid economic development, it is necessary that the economic policies followed today are not reversed tomorrow. The best way to ensure continuity of policy is to be inclusive in governance. Instead of excluding those in the opposition, the mainstream opposition in particular needs to be included. In terms of system change, the government has scored high with regard to corruption. There is a general feeling that corruption in the country is much reduced compared to the past. However, with regard to inclusion the government needs to demonstrate more commitment. This was evident in the initial choice of cabinet ministers, who were nearly all men from the majority ethnic community. Important committees it formed, including the Presidential Task Force for a Clean Sri Lanka and the Rebuilding Sri Lanka Task Force, also failed at first to reflect the diversity of the country.

 In a multi ethnic and multi religious society like Sri Lanka, inclusivity is not merely symbolic. It is essential for addressing diverse perspectives and fostering mutual understanding. It is important to have members of the Tamil, Muslim and other minority communities, and women who are 52 percent of the population, appointed to important decision making bodies, especially those tasked with national recovery. Without such representation, the risk is that the very communities most affected by the crisis will remain unheard, and old grievances will be reproduced in new forms. The invitation extended to civil society to participate in the Rebuilding Sri Lanka Task Force is an important beginning. Whether it becomes a turning point will depend on whether the government chooses to make inclusion a principle of governance rather than treat it as a show of concession made under pressure.

by Jehan Perera

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