Editorial

30th September 2001
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Depoliticise or repoliticise?

The idea of the Commissions came to fruition in one almost mad-rush, compared to the almost year of gestation that was endured. With one magical wave of the wand, does it mean that the Police, the Elections Commission, the Public Servants and the Judges have been given a backbone to stand upright and act professionally as well as independently?

The erosion of confidence in public administration was a gradual process. The UNP made its first political appointment in the 1960s to the key post of a Ministry Secretary. The appointee himself was an excellent man, but the appointment opened the floodgates for political appointments in the public service in the years to come.

The UNP also appointed a civil lawyer and a Queen's Counsel as a Chief Justice, who went on to be an excellent example to the judiciary. He acquitted himself admirably, and was seen to be upright and forthright for good measure. But, because he acted independently he was hounded out by the same powers that appointed him, and he retired to the acclaim of the entire legal fraternity.

In the process of all these appointments made for political purposes, the politicisation of the system came to be the order of the day. The trickle became a flood and finally by the 1970s all parties in power indulged, and the exercise came to be taken for granted. All of it was accomplished by doling out patronage in the form of cars, houses and perks, all courtesy the state, to a point where through all this bribery, public servants Policemen and Judges (with some noble and notable exceptions) became "government's servants" for all practical purposes. The composition of the brand new Independent Commissions tells us something about how these new brooms will sweep. Ten members have been appointed to the Constitutional Council which would have the onus of making the appointments in the Public Service, the Police, the Elections Commission and the Judiciary.

These 10 appointments are to be made by the President, the Prime Minister and the Leader of the Opposition, in order that they represent a fair balance of prevailing public opinion.

But, the country has been witness to the spectacle of somersaults from one side to another by men in public life.

If that happens, it's worth asking what will happen to the "balance'' of scales that was sought in the institution of the Independent Commissions? There seem to be no provision to remove such long - jumpers and high - jumpers. The new Constitutional Council also consists of three appointees from the minority communities. This goes totally against the grain of the national endeavour to establish a multi-ethnic Sri Lankan identity.

On an inversion of the logic that was probably behind this utterly regressive move, does it mean that all other appointments to the Constitutional Council should then be from the Sinhalese?

In the process of trying to depoliticize an obviously politicized and endangered public service, you are re-politicising, institutionalising communalism and racism. It is apparent that the evils of today's communal realpolitik have crept in and spoilt the credibility and sanctity which should have been otherwise attached to these new institutions. To the credit of the PA, UNP and JVP the ethnic issue did not surface. It was those ethnic parties that continue the ethnic rot this country has got itself into. Nevertheless, the systems that have been engineered represent a step in the right direction, warts, flaws and all. It is now hoped that these hopefully "Independent" Commissions, which have been thought of and touted as a panacea to all our national ills, will at least guide the ship of state through choppy seas towards safe harbour – despite the icebergs in the form of all the formidable obstacles in their wake.

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