Editorial

6th February 2000

Muzzling the servant of the public

The government's move to impose the provisions of the Establishment Code to the letter comes on of all weeks, the week the nation celebrates freedom and independence.

This is a quote from the PA election manifesto, 1994: "Restoration of the dignity and self - respect of the public service, which has been strikingly eroded by successive UNP regimes, is an objective of the greatest importance.'' Contrast that with the Cabinet decision taken five years and several honeymoons later. The Cabinet decided last week to strictly invoke Chapter XXXI of the Establishment Code which says inter alia, that a public officer should not use the medium of the newspapers by writing an article or granting an interview, to a reporter, in order to criticize the government, or government department, or publicise his grievance whether or not of an official or unofficial nature. This was in tandem with the state decision to dismiss several public servants who opposed the President at the Presidential elections.

At the fag end of colonial rule, the public servants were referred to as just that — public servants. Mudliyars , Rate Mahattayas, civil service mandarins — they all signed off any official communication to any ordinary citizen with "I'm your obedient servant.''

All this changed gradually and public servants metamorphosed into government servants. The constitution refers to this same breed of officers now with a slightly different label — as state officers. That gives the unadulterated version of what is expected of these officers. "State officer'' is today an euphemism for "servants of the ruling party'', or slaves of the ruling politician, and that is the long and the short of what has become of Sri Lanka's public service 52 years after independence.

The recent announcement about invoking the provisions of the Establishment Code has sent shivers down the spines of hapless public officers who have gone into a state of paranoia, and that's not strange as their fate often depends on politicians – despite some redress offered by the Fundamental Rights legislation that have been written into the so called bahubootha constitution of J R Jayewardene.

Yet, public servants who have a spine should stand up and be counted, and though that's easier said than done, it has to be reiterated that the freedom that has been handed down to the present generation by our forefathers should not be whittled away so easily by invocation of an archaic piece of administrative fiat. It's curious and quixotic that all this relatively mediaeval legislation regarding restriction of the public service comes at a time when modern and enlightened democracies are enacting legislation ensuring Freedom of Information. Here we are in the 21st century, and the third millennium of the Gregorian calendar, and are yet being transported back into an era when government servants are the king's minions.

The last century bears testimony to the dangers that are wrought in placing lids on the free flow of information and of sweeping things under the carpet; of taking an ostrich-like attitude that what is not said does not happen. The Bengali born Nobel Peace prize winner Amartya Sen had already pointed out the dangers of a system without proper mechanisms for information dissemination. He said effectively that no country that has enjoyed a free and open press has ever suffered a famine. What greater testimony for the freedom of information.

This week, one of our reporters who contacted the Director of the Epidemiological Clinic to get a quote on the rising number of measles patients, was told that he has to get written permission from the Ministry of Health to talk. This, despite the discretion given to heads of departments to speak in the interests of the public. That is but one example of the chilling effect on the free flow of information resulting from the resurrection and revival of the Establishment Code.

There is a mini-epidemic of measles in and around Colombo and a raging flu in Anuradhapura. We in the press cannot help public awareness. There is a war in the North and East. The press is censored.

If no news is good news - that's bad news.

The Political Column

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