Connect with us

Features

UNHRC’s brand of justice relating to external evidence gathering

Published

on

UNHRC in session (file photo)

by Neville Ladduwahetty

During the 57th Session of the UNHRC, Sri Lanka restated its opposition to HRC Resolution 51/1; a carryover of Resolution 46/1. These Resolutions were “consistently rejected” on grounds that the evidence gathering mechanism within the Office of the High Commissioner for Human Rights (OHCHR) “is an unprecedented and ad hoc expansion of the Council’s mandate and contradicts its founding principles of impartiality, objectivity and non-selectivity”.

The OHCHR’s mandate under Resolution HRC 46/1 states: “In March 2021, the United Nations Human Rights Council, through its resolution 46/1, recognized the importance of preserving and analyzing evidence relating violations and abuses of human rights and related crimes in Sri Lanka with a view to advancing accountability…” (OHCHR, Frequently Asked Questions). This document states that its scope addresses “four specific tasks”. The first task is to: “collect, consolidate, preserve and analyze information and evidence of violations and abuses of human rights and related crimes committed in Sri Lanka”.

FACTORS AFFECTING EVIDENCE ANALYSIS

Since the focus is only on the first specific task, the comments below are based on the following parameters: 1 Armed Conflict and 2 Declaration of Emergency

1 ARMED CONFLICT

During the period February 2002 to May 2009 the conflict in Sri Lanka was categorised as an Armed Conflict by none other than the OHCHR in their report of 2015. Thus, as an Armed Conflict, the report states that the applicable law is Common Article 3 to the four Geneva Conventions, which means that any violations or abuses committed during the armed conflict must be judged under provisions of International Humanitarian Law and to derogated Human Rights Law during an Emergency.

Consequently, evidence gathering and its analysis should take into account provisions of Humanitarian Law as provided in Additional Protocol II of June 1977 relating to Non-International Armed Conflict as part of Customary Law.

“Article 6 of Additional Protocol II of 1977 – Penal prosecutions”

1. “This Article applies to the prosecution and punishment of criminal offences related to the armed conflict”.

2. “No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality. In particular:

(a) The procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;

(b) No one shall be convicted of an offence except on the basis of individual penal responsibility;

(c) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;

(d) Anyone charged with an offence is presumed innocent until proved guilty according to law;

(e)Anyone charged with an offence shall have the right to be tried in his presence; (f) No one shall be compelled to testify against himself or to confess guilt”.

3. “A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised”.

4. “The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children”.

5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained”.

2 DECLARATION of an EMERGENCY

Since an emergency operated from May 2000 to June 2010 throughout Sri Lanka, Human Rights are derogated during this period as declared by Article 4 of ICCPR.

Article 4 of ICCPR states: “In times of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the State Parties to the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law…”.

Derogated Human Rights under emergency rules as permitted by ICCPR provisions stated in OISL Report are:

Articles 9 (2); 9 (3); 12 (1); 12 (2); 14 (3); 17 (1); 19 (2); 21 and 22 of the ICCPR.

Article 9 (2): “Anyone who is arrested shall be informed, at the time of arrest the reason for the arrest…”.

Article 9 (3): “Anyone arrested or detained on a criminal charge shall be brought before a judge….”.

Article 12 (1): “Everyone lawfully within the territory of State shall have the right to liberty of movement…”.

Article 12 (2): “Everyone shall be free to leave any country, including his own”.

14 (3): “In the determination of any charge, everyone shall be entitled to the following guarantees: to be informed promptly; time to prepare defence; tried without delay; tried in his presence; to examine witnesses against him; access to an interpreter; not to testify against him”.

Article 17 (1): “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence nor to unlawfully attack his honour…”.

Article 19 (2): “Right to freedom of expression …”.

Article 21: “…right to peaceful assembly…”.

Article 22: “…right to freedom of association…”.

The OISL report concludes the list of derogated human rights during the period of the Armed Conflict by stating: “Measures taken pursuant to derogation are lawful to the extent they comply with the conditions set out in international human rights law as provided in Article 4 of ICCPR. In keeping with this provision, successive Sri Lankan Governments have derogated over a period of 10 years, 9 Articles out of a total of 19 Articles in Part II of the ICCPR that the OISL has declared as being lawful.

CONSOLIDATE, PRESERVE AND ANALYSE INFORMATION AND EVIDENCE

“The OHCHR Sri Lanka accountability project will collect information and evidence from all sources willing to provide it, including Government authorities, other Member States, victims, witnesses, civil society stakeholders and any other sources. Various UN bodies have already gathered extensive documentation of serious violations and abuses of human rights and violations of humanitarian law committed in Sri Lanka, particularly during and after the conflict, which ended in 2009. Information and evidence collected will be reviewed and analyzed by OHCHR Sri Lanka accountability project…” (Frequently Asked Questions from OHCHR).

Therefore, by OHCHR’s own admission, the sources that gave information and evidence will fade into oblivion and the information and evidence that would be left would only be the “reviewed and analyzed version formulated by OHCHR”.

This in essence amounts to a tampered version of what the witnesses and other source furnished; a procedure that not only trivialises the sanctity of evidence but also denies access to witnesses; a fundamental right called for by Article 14 (3) of the ICCPR. Furthermore, the witnesses and sources that furnished information and evidence are NOT in a position to verify whether the evidence furnished by them accurately reflects the “analyzed” version of the evidence in the possession of the OHCHR. Thus the procedure adopted by the evidence gathering mechanism violates natural justice as understood by the community of nations.

Consequently, those responsible for alleged violations and abuses are denied the opportunity to challenge the authenticity of the evidence presented, because the procedure does not provide “for an accused before and during his trial all necessary rights and means of defence” as called for by 2 (a) of Part 6 of Additional Protocol II of 1977 that today is accepted as Customary Law. Furthermore, the procedure does not permit whether the evidence presented guarantees that alleged violations assure that no one is “convicted of an offence except on the basis of individual penal responsibility” as stated in 2 (b) of Part 6 of Protocol II. Under the circumstances, the fact that UNHRC Resolution 46/1 followed by Resolution 51/1 was endorsed by the HR Council and the Co-Chairs is not only beyond belief, but has also become jointly a party to what amounts to UNHRC’s Brand of warped justice because it violates International Law.

CONCLUSION

As stated by the OHCHR “the information and evidence collected will be reviewed and analyzed by OHCHR Sri Lanka accountability project ….” However, what is not disclosed is the extent and scope of the analysis undertaken by the OHCHR. For instance, what is not disclosed is whether the information and evidence under the evidence gathering mechanism takes into account the special circumstances associated with the Armed Conflict and the fact that certain Human Rights are derogated during the Emergency that operated from May 2000 to June 2010.

Consequently, the evidence analysed by the OHCHR would drastically differ from the evidence furnished by witnesses and other sources in the event the OHCHR took into account the special circumstances of the Armed Conflict and the imposed Emergency. On the other hand, if the evidence gathered is the raw evidence furnished by witnesses and other sources, the need for the OHCHR to “analyze” the evidence does NOT ARISE.

Therefore, the outcome of the analysis is to tamper with the raw evidence presented; a task that not only far exceeds the mandate under which the UNHRC is authorized to operate but also trivializes the sanctity of evidence on which Justice depends. This makes the evidence gathering mechanism initiated by the UNHRC justified grounds for rejection; a fact that Sri Lanka should bring to the attention of the Member State of the HR Council and take joint action for the benefit of all. Furthermore, co-sponsoring such an exercise casts a deep shadow on the brand of justice that is being attempted jointly by the UNHRC and its sponsors at a time when the credibility, competence and relevance of the UN and its Institutions are in serious question.



Continue Reading
Click to comment

Leave a Reply

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

Features

Another Christmas, Another Disaster, Another Recovery Mountain to Climb

Published

on

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 ✍️

Continue Reading

Features

Feeling sad and blue?

Published

on

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

Continue Reading

Features

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

Published

on

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)

Continue Reading

Trending