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PLAYING FOOTBALL WITH OUR CONSTITUTION

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by ASOKA SENEVIRATNE
Washington DC.

1978 Constitution: Our constitution is once again set for amendment for the 20th time within 42 short years. The 1978 JRJ constitution moved us away from the Westminster model to a more US-like model with the creation of the so called three co-equal branches; legislative, executive and judicial. The three branches were meant to be independent and watch over each other. The power of the purse was left to the legislature while the power to govern was the job of the executive. The judicial branch was meant to be the custodian of the constitution and the laws to ensure that the Rule of Law was ensured.

The 1978 constitution was full of holes and was self-contradicting. The legislature had the power of the purse while the executive appointed ministers to his leadership team, the cabinet. This simple ill-advised provision high-jacked the independence of the legislature. Compare this to the US constitution, wherein members of the legislature are not allowed to hold office within the executive branch. So we experienced a ton of meaningless ministers appointed by the executive to win them over. A rampant waste of money we don’t have.

Moreover, JRJ created the Provincial Councils, District Development Councils, Governors etc. and all for what? Just to manage a 25,000 sq. mile island? What an administrative mess he created. Nobody knew who did what! The entire administration apparatus was a gigantic wasteful mess with overlapping responsibilities. The public watched while their towns became yet another unplanned bunch of shops with broken sidewalks, open drains potholed roads and a barely functional and lethargic local beaureaucracy who don’t care a darn. The bosses in those local bodies were not in their offices while a frustrated public were left with no answers to their basic problems. Files were gathering dust on the boss’s desk; a simple bribe will locate lost files.

JRJ gave immense power to his office and bragged that the only thing he could not do was to turn a man into a woman. But who had oversight over the executive? The legislature whom he hijacked? Besides if the Executive is the all-powerful party leader, which member of his party would want to deny him money or cross his path? We lost accountability and transparency. This led to unprecedented corruption. There was no mechanism for oversight over the president, his cabinet or his bureaucracy. Rot began to set in to our political culture to the point that after 42 years people are simply fed up of corruption from the top to bottom.

The epitome of this level of corruption was when the central bank was robbed with the last regime just a few months into power. Millions were spent on a presidential investigation but nobody was indicted nor the findings made public. Everybody knows that this was not the only mega robbery. Billions of public money went unaccounted for. JR’s so called independent judiciary was hijacked by the top cop, the Attorney General coming under political pressure. The entire law enforcement apparatus was politicized. Police were not allowed to do the job they swore an oath to do. JR’s independent judiciary was a myth. So the entire JRJ experiment was just hog wash and dragged our government’s apparatus into historical levels of corruption.

 

National character

Besides being a 2,600 old civilization, can we be proud of our national character? Buddhist monks wearing the much revered saffron robe use thug-like language on national TV and in public with monks kidnapping monks in the fight for a seat in the legislature and monks attacking fellow citizens in broad daylight. This is unprecedented. Isn’t the essence of Buddhism elimination of craving? Huh!

Elected leaders are openly attacking private lives of each other or using abusive language in rallies instead of addressing much needed policy to fix our nation’s problems. They brazenly violate the law on national television. Remember the minister who grabbed the camera of a TV reporter and also tied a public servant to a tree? He was never indicted. Where was the Attorney General? Where was the police? Was this not because of the politicization of out law enforcement apparatus? JRJ constitution was not equipped to deal with this. Was it not a joke?

Worse, remember members of the legislature behaving like a herd of cattle in front of the nations’ eyes just a couple of years ago. They too hurled ugly verbal abuse at each other without debating policy and yelled other like street thugs while the House was in session. What happened to common decency and mutual respect at least while inside the nation’s supreme assembly? Is this the example the leaders set to our youth? Is this how we would like to define our national character? what happened to our nation? What happened to honor and common decency? Who is responsible?

 

President Rajapaksa

Never has our nation been led by a leader like Gotabaya Rajapaksa. He has the right thinking, approach and policies to rescue our nation from this sad state. He has a full plate. For the brief period he has been in power he has displayed competence and good judgment. He made the massive electoral victory for his party possible. He is confronted with a mammoth task created by mismanagement by all previous leaders. He appears fearless about achieving his goals. However, he is definitely challenged by at least some of the members of the new parliament who see politics as business as usual – gettting a luxury vehicle, getting a luxury bungalow, appointing family and friends to top jobs, wasting precious time at five star receptions, and virtually doing nothing much to help the nation but adding to its massive debt burden. It cannot be business as usual. The nation is in peril in every which way.

 

20th Amendment

The constitution of a nation is a sacred document . It is the national script. It defines our fundamental rights and obligations. It basically defines who we are as a nation. It is not meant to be amended every five years to suit the party in power. Instead it is meant to protect the nation against tyranny, abuse and excesses by rulers among other things.

For God’s sake let our constitution, including the proposed 20A be in simple and concise language. The US constitution which is the oldest in the world and written over 230 years ago only had 4,543 words and only 27 amendments to date. I quote the US constitution because it stands out as the founding document of the most successful nation the world has ever seen. The document in very simple language makes it possible for almost anybody to read and understand it. The constitution need not be filled with legal jargon and wrap around provisions, edits and exceptions. Just try and read the 19A and see how complicated it is. I am not sure if even some lawyers can comprehend it. Get rid of the office of the prime minister. Why do we need a costly prime minister when the executive power is vested with an elected president? Get rid of provincial councils. Get rid of governors. Get rid of chief ministers. Get rid of the nonsensical PR system. Get rid of state ministers. Get rid of MP’s appointed as ministers. Their job is to legislate and see to the welfare and development of their electorates.

The president’s leadership team or the cabinet should be made up of proven experts in their field from the private sector, military and state sector. The president can run his administration with the GA’s and grama niladharis. Use technology. Streamline processes. Hold ministers accountable with public hearings by committees from the legislature. Makes sure members of these committees know their constitutional responsibilities and not just loyalty to their parties. Sorry, but that is how a good democracy is supposed to work. Create a post of independent Inspector General in each ministry, appointed by the elected president whose job it is to watch over waste, fraud and abuse. He or she will be a watch dog on behalf of the president and the public.

Do not remove the independent commissions created by 19A. That was a great idea and Rail and Sirisena deserves credit for it. Do not change the term limits of the president. Countries have learned bitter lessons from leaders who remain in power for ever and ever. That includes USA too who enacted 22nd Amendment to create term limits after FDR displayed undesirable, high handed attitudes. The proposed 20A should not be a document merely discussed by the cabinet. It is too sacred not to deserve a large public debate. It should be debated over the local media so we can get it right. If not the next government will amend it again to suit itself.

Remember cabinet decisions are mostly the decisions of the leader of the cabinet. Do you think our cabinet members are free to challenge the leaders without losing their jobs or getting kicked out of the party? Thank you JRJ! You were so smart!!! People have respect for President Gotabaya and his ability to make correct decisions. That is also why his party won hugely. He has the noble task of amending the constitution to suit the country, not the party. Done right, he will be in the history books. Done wrong, he will go down in history as just another leader who played party politics just to remain in power!

I personally think Gota is better than that. May he have the wisdom to do right by his troubled nation!

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Islamophobia and the threat to democratic development

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There’s an ill more dangerous and pervasive than the Coronavirus that’s currently sweeping Sri Lanka. That is the fear to express one’s convictions. Across the public sector of the country in particular many persons holding high office are stringently regulating and controlling the voices of their consciences and this bodes ill for all and the country.

The corrupting impact of fear was discussed in this column a couple of weeks ago when dealing with the military coup in Myanmar. It stands to the enduring credit of ousted Myanmarese Head of Government Aung San Suu Kyi that she, perhaps for the first time in the history of modern political thought, singled out fear, and not power, as the principal cause of corruption within the individual; powerful or otherwise.

To be sure, power corrupts but the corrupting impact of fear is graver and more devastating. For instance, the fear in a person holding ministerial office or in a senior public sector official, that he would lose position and power as a result of speaking out his convictions and sincere beliefs on matters of the first importance, would lead to a country’s ills going unaddressed and uncorrected.

Besides, the individual concerned would be devaluing himself in the eyes of all irrevocably and revealing himself to be a person who would be willing to compromise his moral integrity for petty worldly gain or a ‘mess of pottage’. This happens all the while in Lankan public life. Some of those who have wielded and are wielding immense power in Sri Lanka leave very much to be desired from these standards.

It could be said that fear has prevented Sri Lanka from growing in every vital respect over the decades and has earned for itself the notoriety of being a directionless country.

All these ills and more are contained in the current controversy in Sri Lanka over the disposal of the bodies of Covid victims, for example. The Sri Lankan polity has no choice but to abide by scientific advice on this question. Since authorities of the standing of even the WHO have declared that the burial of the bodies of those dying of Covid could not prove to be injurious to the wider public, the Sri Lankan health authorities could go ahead and sanction the burying of the bodies concerned. What’s preventing the local authorities from taking this course since they claim to be on the side of science? Who or what are they fearing? This is the issue that’s crying out to be probed and answered.

Considering the need for absolute truthfulness and honesty on the part of all relevant persons and quarters in matters such as these, the latter have no choice but to resign from their positions if they are prevented from following the dictates of their consciences. If they are firmly convinced that burials could bring no harm, they are obliged to take up the position that burials should be allowed.

If any ‘higher authority’ is preventing them from allowing burials, our ministers and officials are conscience-bound to renounce their positions in protest, rather than behave compromisingly and engage in ‘double think’ and ‘double talk’. By adopting the latter course they are helping none but keeping the country in a state of chronic uncertainty, which is a handy recipe for social instabiliy and division.

In the Sri Lankan context, the failure on the part of the quarters that matter to follow scientific advice on the burials question could result in the aggravation of Islamophobia, or hatred of the practitioners of Islam, in the country. Sri Lanka could do without this latter phobia and hatred on account of its implications for national stability and development. The 30 year war against separatist forces was all about the prevention by military means of ‘nation-breaking’. The disastrous results for Sri Lanka from this war are continuing to weigh it down and are part of the international offensive against Sri Lanka in the UNHCR.

However, Islamophobia is an almost world wide phenomenon. It was greatly strengthened during Donald Trump’s presidential tenure in the US. While in office Trump resorted to the divisive ruling strategy of quite a few populist authoritarian rulers of the South. Essentially, the manoeuvre is to divide and rule by pandering to the racial prejudices of majority communities.

It has happened continually in Sri Lanka. In the initial post-independence years and for several decades after, it was a case of some populist politicians of the South whipping-up anti-Tamil sentiments. Some Tamil politicians did likewise in respect of the majority community. No doubt, both such quarters have done Sri Lanka immeasurable harm. By failing to follow scientific advice on the burial question and by not doing what is right, Sri Lanka’s current authorities are opening themselves to the charge that they are pandering to religious extremists among the majority community.

The murderous, destructive course of action adopted by some extremist sections among Muslim communities world wide, including of course Sri Lanka, has not earned the condemnation it deserves from moderate Muslims who make-up the preponderant majority in the Muslim community. It is up to moderate opinion in the latter collectivity to come out more strongly and persuasively against religious extremists in their midst. It will prove to have a cementing and unifying impact among communities.

It is not sufficiently appreciated by governments in the global South in particular that by voicing for religious and racial unity and by working consistently towards it, they would be strengthening democratic development, which is an essential condition for a country’s growth in all senses.

A ‘divided house’ is doomed to fall; this is the lesson of history. ‘National security’ cannot be had without human security and peaceful living among communities is central to the latter. There cannot be any ‘double talk’ or ‘politically correct’ opinions on this question. Truth and falsehood are the only valid categories of thought and speech.

Those in authority everywhere claiming to be democratic need to adopt a scientific outlook on this issue as well. Studies conducted on plural societies in South Asia, for example, reveal that the promotion of friendly, cordial ties among communities invariably brings about healing among estranged groups and produces social peace. This is the truth that is waiting to be acted upon.

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Pakistan’s love of Sri Lanka

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By Sanjeewa Jayaweera

It was on 3rd January 1972 that our family arrived in Karachi from Moscow. Our departure from Moscow had been delayed for a few weeks due to the military confrontation between Pakistan and India. It ended on 16th December 1971. After that, international flights were not permitted for some time.

The contrast between Moscow and Karachi was unbelievable. First and foremost, Moscow’s temperature was near minus 40 degrees centigrade, while in Karachi, it was sunny and a warm 28 degrees centigrade. However, what struck us most was the extreme warmth with which the airport authorities greeted our family. As my father was a diplomat, we were quickly ushered to the airport’s VIP Lounge. We were in transit on our way to Rawalpindi, the airport serving the capital of Islamabad.

We quickly realized that the word “we are from Sri Lanka” opened all doors just as saying “open sesame” gained entry to Aladdin’s cave! The broad smile, extreme courtesy, and genuine warmth we received from the Pakistani people were unbelievable.

This was all to do with Mrs Sirima Bandaranaike’s decision to allow Pakistani aircraft to land in Colombo to refuel on the way to Dhaka in East Pakistan during the military confrontation between Pakistan and India. It was a brave decision by Mrs Bandaranaike (Mrs B), and the successive governments and Sri Lanka people are still enjoying the fruits of it. Pakistan has been a steadfast and loyal supporter of our country. They have come to our assistance time and again in times of great need when many have turned their back on us. They have indeed been an “all-weather” friend of our country.

Getting back to 1972, I was an early beneficiary of Pakistani people’s love for Sri Lankans. I failed the entrance exam to gain entry to the only English medium school in Islamabad! However, when I met the Principal, along with my father, he said, “Sanjeewa, although you failed the entrance exam, I will this time make an exception as Sri Lankans are our dear friends.” After that, the joke around the family dinner table was that I owed my education in Pakistan to Mrs B!

At school, my brother and I were extended a warm welcome and always greeted “our good friends from Sri Lanka.” I felt when playing cricket for our college; our runs were cheered more loudly than of others.

One particular incident that I remember well was when the Embassy received a telex from the Foreign inistry. It requested that our High Commissioner seek an immediate meeting with the Prime Minister of Pakistan, Mr Zulifikar Ali Bhutto (ZB), and convey a message from Mrs B. The message requested that an urgent shipment of rice be dispatched to Sri Lanka as there would be an imminent rice shortage. As the Ambassador was not in the station, the responsibility devolved on my father.

It usually takes about a week or more to get an audience with the Prime Minister (PM) of a foreign country due to their busy schedule. However, given the urgency, my father spoke to the Foreign Ministry’s Permanent Sectary, who fortunately was our neighbour and sought an urgent appointment. My father received a call from the PM’s secretary around 10 P.M asking him to come over to the PM’s residence. My father met ZB around midnight. ZB was about to retire to bed and, as such, was in his pyjamas and gown enjoying a cigar! He had greeted my father and had asked, “Mr Jayaweera, what can we do for great friend Madam Bandaranaike?. My father conveyed the message from Colombo and quietly mentioned that there would be riots in the country if there is no rice!

ZB had immediately got the Food Commissioner of Pakistan on the line and said, “I want a shipload of rice to be in Colombo within the next 72 hours!” The Food Commissioner reverted within a few minutes, saying that nothing was available and the last export shipment had left the port only a few hours ago to another country. ZB had instructed to turn the ship around and send it to Colombo. This despite protests from the Food Commissioner about terms and conditions of the Letter of Credit prohibiting non-delivery. Sri Lanka got its delivery of rice!

The next was the visit of Mrs B to Pakistan. On arrival in Rawalpindi airport, she was given a hero’s welcome, which Pakistan had previously only offered to President Gaddafi of Libya, who financially backed Pakistan with his oil money. That day, I missed school and accompanied my parents to the airport. On our way, we witnessed thousands of people had gathered by the roadside to welcome Mrs B.

When we walked to the airport’s tarmac, thousands of people were standing in temporary stands waving Sri Lanka and Pakistan flags and chanting “Sri Lanka Pakistan Zindabad.” The noise emanating from the crowd was as loud and passionate as the cheering that the Pakistani cricket team received during a test match. It was electric!

I believe she was only the second head of state given the privilege of addressing both assemblies of Parliament. The other being Gaddafi. There was genuine affection from Mrs B amongst the people of Pakistan.

I always remember the indefatigable efforts of Mr Abdul Haffez Kardar, a cabinet minister and the President of the Pakistan Cricket Board. From around 1973 onwards, he passionately championed Sri Lanka’s cause to be admitted as a full member of the International Cricket Council (ICC) and granted test status. Every year, he would propose at the ICC’s annual meeting, but England and Australia’s veto kept us out until 1981.

I always felt that our Cricket Board made a mistake by not inviting Pakistan to play our inaugural test match. We should have appreciated Mr Kardar and Pakistan’s efforts. In 1974 the Pakistan board invited our team for a tour involving three test matches and a few first-class games. Most of those who played in our first test match was part of that tour, and no doubt gained significant exposure playing against a highly talented Pakistani team.

Several Pakistani greats were part of the Pakistan and India team that played a match soon after the Central Bank bomb in Colombo to prove that it was safe to play cricket in Colombo. It was a magnificent gesture by both Pakistan and India. Our greatest cricket triumph was in Pakistan when we won the World Cup in 1996. I am sure the players and those who watched the match on TV will remember the passionate support our team received that night from the Pakistani crowd. It was like playing at home!

I also recall reading about how the Pakistani government air freighted several Multi Barrell artillery guns and ammunition to Sri Lanka when the A rmy camp in Jaffna was under severe threat from the LTTE. This was even more important than the shipload of rice that ZB sent. This was crucial as most other countries refused to sell arms to our country during the war.

Time and again, Pakistan has steadfastly supported our country’s cause at the UNHCR. No doubt this year, too, their diplomats will work tirelessly to assist our country.

We extend a warm welcome to Mr Imran Khan, the Prime Minister of Pakistan. He is a truly inspirational individual who was undoubtedly an excellent cricketer. Since retirement from cricket, he has decided to get involved in politics, and after several years of patiently building up his support base, he won the last parliamentary elections. I hope that just as much as he galvanized Sri Lankan cricketers, his political journey would act as a catalyst for people like Kumar Sangakkara and Mahela Jayawardene to get involved in politics. Cricket has been called a “gentleman’s game.” Whilst politics is far from it!.

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Covid-19 health rules disregarded at entertainment venues?

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Believe me, seeing certain videos, on social media, depicting action, on the dance floor, at some of these entertainment venues, got me wondering whether this Coronavirus pandemic is REAL!

To those having a good time, at these particular venues, and, I guess, the management, as well, what the world is experiencing now doesn’t seem to be their concerned.

Obviously, such irresponsible behaviour could create more problems for those who are battling to halt the spread of Covid-19, and the new viriant of Covid, in our part of the world.

The videos, on display, on social media, show certain venues, packed to capacity – with hardly anyone wearing a mask, and social distancing…only a dream..

How can one think of social distancing while gyrating, on a dance floor, that is over crowded!

If this trend continues, it wouldn’t be a surprise if Coronavirus makes its presence felt…at such venues.

And, then, what happens to the entertainment scene, and those involved in this field, especially the musicians? No work, whatsoever!

Lots of countries have closed nightclubs, and venues, where people gather, in order to curtail the spread of this deadly virus that has already claimed the lives of thousands.

Thailand did it and the country is still having lots of restrictions, where entertainment is concerned, and that is probably the reason why Thailand has been able to control the spread of the Coronavirus.

With a population of over 69 million, they have had (so far), a little over 25,000 cases, and 83 deaths, while we, with a population of around 21 million, have over 80,000 cases, and more than 450 deaths.

I’m not saying we should do away with entertainment – totally – but we need to follow a format, connected with the ‘new normal,’ where masks and social distancing are mandatory requirements at these venues. And, dancing, I believe, should be banned, at least temporarily, as one can’t maintain the required social distance, while on the dance floor, especially after drinks.

Police spokesman DIG Ajith Rohana keeps emphasising, on TV, radio, and in the newspapers, the need to adhere to the health regulations, now in force, and that those who fail to do so would be penalised.

He has also stated that plainclothes officers would move around to apprehend such offenders.

Perhaps, he should instruct his officers to pay surprise visits to some of these entertainment venues.

He would certainly have more than a bus load of offenders to be whisked off for PCR/Rapid Antigen tests!

I need to quote what Dr. H.T. Wickremasinghe said in his article, published in The Island of Tuesday, February 16th, 2021:

“…let me conclude, while emphasising the need to continue our general public health measures, such as wearing masks, social distancing, and avoiding crowded gatherings, to reduce the risk of contact with an infected person.

“There is no science to beat common sense.”

But…do some of our folks have this thing called COMMON SENSE!

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