Cracks in the administration
View(s):When the Ceylon Chamber of Commerce (CCC) holds its much-looked forward to economic summit next month, issues of governance, law and order, rule of law, corruption and accountability will invariably spring up.
To what extent, one can easily hazard a guess: On the surface!
While the theme of the meeting is “Sri Lanka 2020: Towards Surpassing $7000 Per Capita”, no country is able to create a sustainable economic model if the fundamentals based on the above are not in place.
The nice part is that tourism is booming, malls are overcrowded and nice parks created, etc. But yet laws whether it is dealing with societal issues – robbery, assault, murder, fraud, deceit – or business – conflict of interests, insider trading, fraud, manipulation, deception -, need to be enforced, whoever the culprit. As everyone knows and clearly established in recent times, laws at any level are enforced only against ordinary people without any political or business clout.
There was (amusing) applause all around over the recent conviction and sentence to 20 years of the former Tangalle Pradeshiya Sabha chairman for the brutal killing of a British tourist and the assault and rape of his girlfriend. On a lighter note it is laughable that no death sentence was slapped on the murderer (20 years jail means he could get out in 12 years with ‘good behaviour’ or earlier through a presidential pardon) but on a more serious note, disturbing that it was only after persistent demands and regular visits by the victim’s brother and British authorities that Sri Lanka was ‘forced’ to file charges against the suspects. This is a clear example of the law not taking its course for political reasons. The Sunday Times rights columnist Kishali Pinto Jayawardene’s column last week was aptly titled “One verdict as against a culture of savagery” reflecting on how many other crimes and their investigations are swept under the carpet. Impunity is at its peak. Next month’s economic summit will scratch the surface of these issues but the country’s business barons and regulators are unlikely to seek or demand action that the law be applied equally, efficiently and speedily. The recent Aluthgama incidents are another sad reflection of the times where the well-known perpetrators are yet to be arrested apart from their statements being recorded by some unfortunate police officer who may have even been reprimanded by the ‘suspects’ themselves if any ‘unnecessary’ questions were asked. A cup of tea would also have been offered in comparison to how the police treats any other criminal – knock him up a bit, scold in filth and throw him into the cell.
At the AGM of the Council for Business with Britain, the British High Commissioner recently urged the Sri Lankan authorities to establish a ‘one stop shop’ for investors together with increased transparency, more open tendering, a reduction in red tape, and respect for the rule of law.
While this didn’t draw any comments from ruling party politicians, they have often in the past rejected similar comments and counter with the usual rhetoric that western nations were interfering in the internal affairs of a country. The fact that Sri Lankans themselves have been critical on the same issues is lost in the melee.
Adding fuel to the fire, a hair brained BOI official issues a statement to a newspaper in response to the British envoy’s comments saying a one-stop-shop exists and has been for a long time. In doing so (and may be to impress his political masters) he misses the key point as to whether there is a mechanism/one-stop-shop that ensures a transparent tender process and respect for rule of law – not cutting red tape alone! Tourism industry insiders still talk of the formative years of the Kalpitiya development where one or two high-powered officials wanted payoffs for allocating the best blocks. And that was also under the one-stop-shop concept.The government’s coalition partners have also been raising governance and rule of law issues with the likes of D.E.W Gunasekera, Tissa Vitharana, Champaka Ranawaka and Wimal Weerawansa being critical in addition to Rauf Hakeem’s concern over state inaction over the Aluthgama riots.
DEW and Vitharana, silent in the past, are more vociferous now probably realising that there won’t be places for them in the next parliament, and if so it’s better to go out with some respect. They are publicly voicing concern on issues that they would have wanted to do so earlier but didn’t for fear of being ‘unseated’ from parliament.
Ranawaka’s recent criticism of an economy fashioned on entertainment and services, and about the ‘Lamborghine’ culture is a dig at the President himself and the Treasury Secretary. Cracks are showing in the ruling coalition.
When it comes to lawful and ethnic business practices in the private sector, corruption, governance and conflicts of interest continue with impunity. For example how can an official of a regulatory agency be part of a team formalising the political campaign of a ruling party politician?
The case of three independent or not-so independent directors at Commercial Bank – Dharma Dheerasinghe, Prithi Jayawardene and Lakshman Hulugalle – is well known and is discussed in the earlier page.
The entertainment and services economy has certainly taken off with new infrastructure being added on like the arcade at Independence Square for example. But that alone will not sustain an economy. For all the pluses in development trotted out by the authorities, there are more negatives which are not getting any attention for a simple reason: The powers-that-be are the responsible parties.
Thursday’s emergence of a new activist group including former President Chandrika Kumaratunga, former Chief Justice Shirani Bandaranayake and respected Buddhist monk Ven.Maduluwawe Sobitha, a potential Presidential candidate, could be the bearer of good news in the firm implementation of the rule of law and an end to unbridled corruption. However, all Sri Lankans only hope that once in power, this group does not forget where they began and plunder the country as most leaders opt to do after similar promises! History is full of broken promises. What is imperative is an agreement initialled on public platforms and with public participation to ensure promises are not only made, but kept.