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Make 20A an instrument of a modernising Govt.

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By Jehan Perera

 

The ongoing investigation into the Easter Sunday bombings, in 2019, which claimed hundreds of victims and brought the country’s economy to its knees, reveals more and more the lack of responsibility and failure on the part of the government authorities at that time.  Everyone being questioned in regard to the security failure seems to be seeking to pass the responsibility onto someone else or to say that all are responsible and so no one is.  The 19th Amendment which reduced the powers of the president and distributed it to the prime minister, parliament and other state institutions has been made the scapegoat for those human failures and unwillingness to take responsibility.  The political problem with the 19th Amendment is that it has enabled those who wish to shirk their responsibility many ways to point their fingers at others.

 It is in this unsavory context that the proponents of the 20th Amendment have been able to make their case to the general population that President Gotabaya Rajapaksa will do what other leaders have not been able to do.   The 20th Amendment goes to the other extreme of transferring powers to the President at the expense of other institutions which the President is willing to accept as the way forward to meeting the expectations of the people.  This was personified in his statement that even his verbal directions should be taken as the equivalent of written government circulars.  There have been many serious criticisms of this presidential statement especially in the social media.  However, to people who want their problems solved speedily and without getting stuck in bureaucracy, such criticisms are seen as politically motivated. 

Those who are able to see the larger picture, and from a comparative perspective, are aware that governments in which one institution dominates all others and in which there are no checks and balances are more likely to descend to autocracy instead of delivering good results to the people so that they enjoy the benefits of development and the protection of human rights.  As one of the country’s foremost political analysts, Prof Jayadeva Uyangoda, has said, “Undermining the rule of law, weakening the independence of the judiciary, and making the accountability institutions subservient to the executive will initially please the egos of the politicians and officials, but in the long run are bound to create a deep chasm between the government and the citizens, rulers and the ruled.” But the popular perception is to give the proposed new order a chance.

 

GOVERNMENTAL CONFIDENCE

 In its current formulation the 20th Amendment has many deficiencies and excesses.  Some of these have been noted by the Supreme Court in its determination of the 39 cases filed before it by concerned citizens, political parties and civic organisations.  There is unprecedented criticisms of the proposed 20th Amendment by sections of the religious clergy and civil society and not only by politically-motivated opposition parties.  They are concerned about the corrosive effect of unchecked power on powerholders.  Despite the strong opposition to the 20th Amendment the indications are that the government leadership is unwavering to have its way and have the constitutional amendment passed in parliament with the required 2/3 majority.  This resolve is reflected in the short date of October 21 for the debate to take place in parliament even though the Supreme Court’s determination of the constitutionality of the draft amendment will only be officially presented to parliament on October 20. 

 The absurdity of giving the parliamentarians only one day to study the Supreme Court determination and to come up with their own proposals is mitigated by the leak of a document purporting to be the determination of the Supreme Court on the proposed 20th Amendment.  This document became available on the internet and appeared on several news sites on October 10, the very day it was handed over as a confidential document to the President and Speaker of Parliament.  The fact that the document was strategically leaked to the public suggests that the government wishes to proceed with the new constitutional order as soon as possible and without any delay.  It has even denied the opposition the three days it requested for the debate to take place and limited the debate to just two days. 

 The manner in which the 20th Amendment is being taken to parliament, without delay, is both an indication of confidence, as well as the belief in decisive leadership that stands in contrast to the mode of governance of the previous government.  That government, headed by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, made many good plans and made commitments which they could not implement due to the lack of decisive and cohesive leadership.  By way of contrast, President Gotabaya Rajapaksa appears to be a leader who is driven by his sense of destiny to those who voted him to the presidency believing in his pledges to them.  The government’s position is that the centralization of power envisaged by the 20th Amendment is necessary to face the unprecedented challenges the country currently faces.

 

 MODERN STATE

 In particular, the country faces a difficult international environment in which the big powers are putting a great deal of pressure on it.  With the exception of China, the big powers have shown strong interest in human rights issues especially in relation to the long standing ethnic conflict.  While the motivations of big powers may be questioned, debt repayments, international market access and geo-political security considerations come mixed with human rights issues.  From 2011 onwards Sri Lanka has been subjected to resolutions of the UN Human Rights Council which put it into the category of countries such as North Korea, Syria and Myanmar.  This was one of the challenges that the previous government took up and committed itself to resolve but failed to succeed in even though it succeeded to a large extent in improving the country’s international image.

 The previous government’s efforts to co-sponsor a UN Human Rights Council resolution was appreciated internationally but was controversial within the country.  The government did not have the strength or commitment to implement what it promised.  Mechanisms that it set up such as the Office on Missing Persons and the Office of Reparations have been left high and dry.  Even the Rs 6000 a month that was promised to families of the missing has not been given to most of them who live in poverty without their breadwinner for the most part.  The manner in which the present government addresses these issues can win it more support from the international community while also addressing an internal problem that has caused utmost distress to its people and weakened and divided the country for decades. 

 At the March session of the UN Human Rights Council in Geneva this year the government formally announced its withdrawal from the co-sponsorship of UNHRC Resolution 30/1 of 2015 entered into by the previous government.  In February, when it first announced its withdrawal from the UNHRC resolution, the government pledged a nationally designed reconciliation process to replace the previous one, which it said was internationally driven.  Concluding his speech at the UNHRC session, in Geneva, Foreign Minister Dinesh Gunawardena said: “No one has the wellbeing of the multi-ethnic, multi-lingual, multi-religious and multi-cultural people of Sri Lanka closer to their heart than the Government of Sri Lanka.” Once armed with the powers of the 20th Amendment the government can go down the path of a “tribal society” as warned by the religious clergy or create a modern state that incorporates a nationally designed reconciliation process in which equal citizenship and inclusive development leaves out no section or part of the country.  The hope will be that President Gotabaya Rajapaksa will succeed where predecessor presidents armed with similar powers failed.

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Scholar, Advisor, Innovator and Great Friend

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by AUSTIN FERNANDO

Dr. Wickrema Weerasooria, son of Queen’s Counsel NE Weerasooria, studied at Royal College, and entered the University of Ceylon, Peradeniya, and won Harvard Memorial Prize and the Governor General’s Prize. He graduated in Law from Peradeniya, with First-Class Honours, and was later called to the Bar, as an Advocate.

I have known and associated with Dr. Wickrema Weerasooria in different capacities. First, I knew him as a pioneer Law Educator at Vidyodaya University. His students at Vidyodaya, and later even at the Post-Graduate Institute of Management, recall how he lectured, without even a short note in hand, attracting students’ attention, and enthusiasm. Additionally, he focused on teaching Commercial, Administrative, and Constitutional laws, and published texts in Sinhala, one on the Law of Contracts, another on Commercial Law.

His vast knowledge as an author was exhibited, mostly in Banking Law. Some of his publications were on Australian banking systems. Later, he delved into Buddhist Ecclesiastical Law, which produced a monumental work and a Treatise on Sri Lankan Statute Law and Judicial Decisions on Buddhist Temples and Temporalities.

His book ‘The Law Governing Public Administration in Sri Lanka,’ is a text that must be read by all public administrators and politicians. Whilst at Monash University, he wrote ‘Links between Sri Lanka and Australia: A Book about Sri Lankans (Ceylonese) in Australia’, dealing with Sri Lanka- Australia links.

With President JR Jayewardene in Office, Wickrema was appointed as the Secretary to the Ministry of Plan Implementation– a completely different role for him in public service. Working with him was also a novel experience and challenge for officers too, since he pushed them to the deep end to make quick, practical, non-traditional, sometimes unsavoury decisions for the benefit of the public.

He was the innovator of Integrated Rural Development Projects, for which he harnessed foreign assistance, and a performer, evaluator, programmer, and institution builder, proven by the establishment of Secretariats for Women, Children, Fertilizer, Nutrition, Population under his Ministry.

Sri Lanka Planning Service was made a professional service in 1985, for which the initiatives and support given by Wickrema were substantial. Accordingly, planners were made responsible for planning to achieve the goals of the respective institutions, formulate policies, strategies, and evaluate the development projects and programmes.

Wickrema was responsible for enhancing human resources among cadres through foreign exposures, which culminated with some officers obtaining post-graduate degrees, some even PhDs, and reaching apex ranks in public services, i.e. Secretaries of Ministries.

Specifically, his contribution to my work when I served as Government Agent, Nuwara Eliya was substantial. He was the guide, mentor, and sometimes savior. His involvement was on behalf of his brother-in-law Minister Gamini Dissanayake. Wickrema was instrumental in planning Nuwara Eliya through the establishment of Nuwara- Eliya Development Commissioners Committee, where I served as Chairman, with professionals as Commissioners. The initial planning was done by the Urban Development Authority.

He was the key organizer of the Spring Festival in Nuwara-Eliya. I remember how he planned the city and revived the Car Racing event, after a lapse of some years. I remember Upali Wijewardena taking part in the first motor car road race. The new Motor-Cross racing event on the newly constructed track was added to the Mahagastota Hill Climb for motor racers. Motor-Cross racing spread to other areas later. He attended these events and enjoyed the great company.

A little-known fact about Wickrema is that the Sri Lanka Council for the Blind (as President) and Sri Lanka Federation of the Blind (as Advisor) still appreciate his services rendered to the blind community, especially in resource mobilization and housing.

He was a person with subtle wit and humour. While teaching, he used this talent, as a student has reminisced, for “easing the pressure and stress of learning.” His lighter vein utterances and behaviour in groups made him a more sought-after teacher, friend, relative, colleague, and boss. His wit and humour depicted by cartoons in political campaigning, (i.e. The Family Tree), left an indelible mark in canvassing votes at the 1977 Elections. It is recycled even today, making Wickrema’s talent eternal.

I am reminded that even regarding efficiency creation he had humorous comments. I remember his “evaluation of the efficiency” of public officers. He used to quip that when asked to produce relevant documentation within two days to send an officer on a foreign scholarship, knowing it would take weeks, he would swear with utmost certainty that the officer would fulfill the requirement within two days. The best litmus test of the efficiency of an officer is the offer of a foreign scholarship! He lamented that such efficiency is lacking to serve the people.

I have a personal regret. Just before I left for India as High Commissioner, he promised to visit me in Delhi with his dear wife Rohini, which he could not fulfill, bidding adieu in weeks. Hence, I missed his company, advice, wit, and humor before departure.

I may say, he was a great student, scholar, academic, educator, public officer, diplomat, social worker, an advisor, innovator, and above all a great friendly human being, who enjoyed life and made others enjoy too, with his friendship, and camaraderie. Sadly, we will miss him forever.

May he attain the Supreme Bliss of Nibbana!

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Ethiopia: War in Tigray

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By Gwynne Dyer

“Love always wins. Killing others is a defeat,” said Ethiopia’s Prime Minister Abiy Ahmed in June 2018, shortly after surviving a grenade attack at a rally in Meskel Square in the capital, Addis Ababa. How was he to know that just thirty months after saying that he would have to stop loving and start killing?

That’s the problem with being a reforming zealot who becomes Prime Minister: you have to deal with some really stubborn people, and sometimes it’s hard to shift them without a resort to force. That’s why Abiy launched an invasion of Tigray state on 4 November, and so far it’s been doing very well.

“The next phases are the decisive part of the operation, which is to encircle Mekelle using tanks, finishing the battle in the mountainous areas, and advancing to the fields,” Col. Dejene Tsegaye told the Ethiopian Broadcasting Corporation on 22 November.

Here we are only less than two weeks later, and the federal government’s troops have already captured Mekelle, a city of half a million people that is Tigray’s capital. It’s not clear how many people were hurt or killed in the fighting, but it went so fast that the butcher’s bill can’t be all that high.

In fact, it has all gone so well that Abiy Ahmed’s soldiers are probably thinking they might be home in time for Christmas. When Col. Dejene talked about “finishing the battle in the mountainous areas and advancing to the fields,” however, he was talking about the nine-tenths of Tigray that has seen no federal government troops at all, or at most a brief glimpse as they passed through.

Tigray is exactly the size of Switzerland, with about the same ratio of mountains to fields (although the mountains are somewhat lower). In other words, it is ideal guerilla territory, and a high proportion of the seven million Tigrayans are rural people who know the land. Moreover, they have long experience in fighting the central government’s troops.

That was the old central government, of course: the Communist dictatorship called the Derg, led by Mengistu Haile Mariam, that murdered the emperor and ruled the country with an iron fist from 1977 to 1991.

Tigrayans were the first ethnic group to rebel against Mengistu’s rule. They are only 6% of Ethiopia’s population, but the Tigrayan People’s Liberation Front (TPLF) was the most effective of the ethnically-based rebel groups that finally defeated the Derg.

The federal government that took over afterwards, called the Ethiopian People’s Revolutionary Democratic Front (EPRDF), was formally a multi-ethnic alliance. In practice, however, TPLF cadres controlled most senior posts and prospered greatly as a result – a situation that continued until the EPRDF appointed Abiy Ahmed prime minister in 2018.

It was a non-violent revolution, conducted not in the streets but in ranks of the federal bureaucracy. Abiy was the ideal candidate: in religion and ethnicity he is Ethiopian everyman, with a Muslim Oromo father and a Christian Amhara mother. (In person he is Pentecostal Christian, and very devout.)

As a young man Abiy fought in the war against Eritrea; he has served as a senior intelligence official and knows where the bodies are buried; he is well educated and speaks Amharic, Afaan Oromo, Tigrinya and English fluently. His first and most important job was to prise the fingers of the Tigrayan elite off the levers of government without a civil war.

Unfortunately, Abiy’s approach – merging all the parties based on the various ethnic militias into a single ‘Prosperity Party’ – didn’t work. The resentful TPLF cadres refused to join, and gradually withdrew to their heartland in Tigray. They don’t yet openly advocate secession, but they do point out that they have that right under the current federal constitution.

Whether or not the shooting war began with an unprovoked attack by the Tigrayan militia on the federal army’s base in Mekelle at the start of last month, as Abiy’s spokesmen claim, it was bound to end up here. All Tigray’s cities have now been taken by federal troops, but almost none of the rural areas.

This could be a brilliant victory for the federal troops that puts a swift end to the fighting. It’s more likely to be the result of a decision by the TPLF leadership to skip the conventional battles they were almost bound to lose, and go straight to the long and bloody guerilla war that they might eventually win.

That would mean secession, in the end, for they can never win power back in Addis Ababa. The risk is that if the war goes on long enough, other major ethnic groups may break away from Ethiopia as well. Abiy’s loosening of the tight centralised control that prevailed under the emperor, the Derg and the TPLF has already unleashed ethnic and sectarian violence that has rendered 2 million Ethiopians homeless.

Abiy recently got a PhD in peace and security studies from Addis Ababa University, but he’ll be concentrating on the ‘security’ part for the foreseeable future.

 

 

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Safety Equipment and Procedures and Exploding Fire Extinguishes

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by Capt. G A Fernando MBA

gafplane@sltnet.lk

RCyAF, SLAF, Air Ceylon, Air Lanka, SIA, SriLankan Airlines

Former SEP instructor/ Examiner Air Lanka

By law the Regulator Civil Aviation Authority Sri Lanka (CAASL) requires all Airline Crew to annually undergo continuous training and achieving proficiency in Safety Equipment and Procedures (SEP). At the end of the training, also answer a written examination to prove to all and sundry that the particular Flight Crew Member has sufficient SEP knowledge to continue serving in the Cabin or Flight Deck of that Airline, for another year. The SEP questions were relatively easy (no tricks) but each crew member had to score over 80% and carry out mandatory, practical proficiency tests such as operation of aircraft doors and Emergency exits, conduct evacuations, Life Raft operations (in the swimming pool), know the location and use of emergency equipment such as megaphones, Crash Axes, Asbestos Gloves, Emergency Locater Transmitters (ELT’s), the administration of Oxygen, First Aid and use of equipment such as smoke hoods and fire extinguishers to combat Cabin smoke and Fires, The airline is usually delegated to carry out these duties and functions at the behest of the Civil Aviation Authority.

The first year after Air Lanka was established (September 1979), crew members had to go to Singapore Airlines or get the instructors across to Colombo to carry out these checks on behalf of Air Lanka. After about the second year of existence, it was decided that a team SEP instructors/ examiners would be appointed ‘in house’ to carry out this training and mandatory checks. Three of us from the ‘Flight Deck’ crew were appointed to the team. They were First Officer Elmo Jayawardene, Flight Engineer Gerrard Jansz and yours truly. We had, had some experience in crew SEP training in Air Ceylon.

We were sent to the British Airways (BA) Flight Training (Cranebank), UK, during our regular stay overs in London, to undergo refresher training, so that we could incorporate some of the BA curricula in our own (Air Lanka) programs. The then Air Lanka Manager Operations had been an ex BOAC (British Overseas Airways Corporation) Captain. As a direct result of our visit to BA, the then airline doctor (Dr Mrs Sherene Wilathgamuwa) was inducted to the SEP team to lecture the ‘troops’ on not only First Aid but also on delivering babies, with limited facilities on board!  I believe that this information has been extremely useful many times during the last 40 years of Air Lanka. This was not taught to us in Air Ceylon. The training curriculum was developed by the SEP team.  

The early days of Air Lanka wasn’t easy. While an operational profit was made, the ‘debt servicing’ put an unbearable strain on the overall profitability. We had neither a designated training department nor proper equipment. Our ‘wet drill’ constituted jumping into the pool in shirts and trousers for the boys and ‘made up’ Sarees without the ‘fall’ for the Girls, wearing life jackets of course. Initially the Sri Lanka Air Force (SLAF) Katunayake pool was used and subsequently the pools of the two hotels down Katunayake airport road were used till Air Lanka got its own pool. We didn’t even have a permanently deployed Slide/ Raft either for teaching purposes. It all cost money. I was the Instructor in charge of the ‘wet drill’. In contrast SIA I worked for subsequently, had a pool with a ‘wave maker’ to give a realistic experience. There was no doubt Air Lanka at that point of time was ‘pinching pennies’ where crew SEP training was concerned.

To provide fire fighting experience to the Flight Crews we were forced to use regular Industrial Fire Extinguishing equipment to keep the costs down. That was acceptable since the basic fire fighting principles were the same. The fire fighting part of the training was carried out by the Ground Safety Section Instructors who were mainly ex SLAF types. A few months before, Lalantha one of the Chief Stewards was practicing the use of a Carbon Dioxide (CO2) extinguisher on a fire and the extinguisher exploded and flew off his hand, narrowly missing Leone who was just behind him. The on-board extinguishers were much smaller, lighter and more manageable than the industrial ones. A complaint was filed by me, but treated by the ‘Management’ as a one off case! It seemed as if one swallow doesn’t make a summer!  The extinguisher had been certified as serviced. The Administrative Executive in charge of SEP those days was a young man who had a degree in Marine Biology and perhaps was clueless on safety issues and couldn’t champion our cause.  We were all part time Instructors.

The annual recurrent training programme took two days. On one particular day, Chief Stewardess Jayantha and I were the instructors in charge. When it came to the Fire Fighting exercise, we handed over students of our class to the Air Lanka Ground Instructors and proceeded to the parking apron (opposite the Terminal Building), to check out a Lockheed L1011 ‘Tri-Star’ aircraft which was newly leased, by Air Lanka. It was a pre-owned, aircraft that had arrived the day before. Unfortunately, the locations of and the make of emergency equipment in the same type of aircraft (L-1011) differed from airline to airline. Therefore in the name of air safety and standardisation, it was important to resolve matters before the said aircraft saw service on the line on regular revenue flight services. It was a big deal as all Flight Crew had to know by memory as to where the specific locations of safety equipment were, so that when a ‘push’ came to a ‘shove’, no time would be wasted by the crew members involved, looking for these essential items. It could be a matter of life and death.

 I was not too happy sending the participant boys and girls by themselves for fire fighting and had an uneasy feeling. On other hand, our task too was also extremely important. So it was a case of ‘risk management’ and gave in. 

While we were checking out the new addition to our L 1011 Tri-Star fleet, we received a frantic message saying that another water type extinguisher had exploded and the injured had been removed to the Air Force Hospital across the runway to the Northern side.

Jayantha and I rushed to the SLAF Base Hospital in her ‘Mini -moke’ the long way around, up the Airport Road and via the 20th milepost main entrance along the Negombo road and found two crew members injured and in shock. Steward Senaka who had got the wheel shaped handle smack on his face, had injuries in the same shape and Naomal too had some minor injuries. We were assured by the Air Force doctor, Dr Narmasena Wickremasinghe that injuries were not too serious. We stayed there till the arrival of the next of kin who had been informed and went back to Office to meet Mr Wilmot Jayewardena, the Air Lanka Senior Manager Inflight Services.

When Jayantha and I sheepishly walked into his office he gave us the silent treatment initially and then softly declared that being responsible for the wellbeing of the participants, at least one of us Instructors should have been present when fire fighting was going on, even under the supervision of the Ground Safety Instructors. We accepted our mistake and defused the situation. When I look back now I am amazed as to how we coped with such limited resources to keep the National Carrier going. Safety Experts today, recommend that during risky activity, we should trust our ‘gut feeling’. It is usually correct as there is a connection between the brain and the gut resulting in feelings like ‘butterflies’ in the stomach. Needless to say the lesson was learnt.  

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