Challenge of business, professions and society

An emerging challenge of leaders of Business, Professions and Society in 2008 will be the challenge of facing charges served on them by the “People’s Court of Justice”- “Janatha Adhikaranaya”.

“The People's Court” referred to here is not the American court show, widely considered to be the first highly popular court programme on television, in which small claims court cases are heard, though what is shown on television is actually a binding arbitration.

The concept here is that the common citizens of Sri Lanka, having watched leaders of Business, Professions and Society remain silent and inactive in the face of the lack of law and order, war, violence, injustice, inequalities, unfair/bad governance, corruption, nepotism, lack of meritocracy, waste of public resources, inhuman conduct, failing to observe fundamental human rights/ values and societal norms, are very soon likely to arrogate to themselves the right to discharge “justice” and will in the process assume “judicial discretion”. The people may not stop at this, and they may even extend their rights to executing the People’s Court orders, thus delivering justice by executing the punishment as pronounced or ensuring the due adherence to the terms of the judgement.

If the above situation becomes a reality there is a frightening side too to its possible extension, ie. these courts can emerge as ‘Kangaroo Courts’ with justice delivered being in pursuit of socially unacceptable goals that are detrimental to the long term interests of the nation and its people and especially, harsh and unpalatable by leaders of Business, Professions and Society.
There are two types of issues that may come before the “Peoples Courts” and relate to charges on acts of commission and omission by leaders of Business, Professions and Society. These being acts committed against the interests and omitted to be done in the interests, of the nation, its people (especially poverty stricken and disadvantaged people), the environment, culture, religion, values and societal norms, arising from socio-political governance, law and order, justice, socio- economic management, access to public infrastructure, communications, freedoms, rights and obligations and such other issues.
Examples of acts committed may include:

- manufacture/import, supply, distribution and promotion of goods and services that do not have a real value for money, are inferior in quality, are unethical/unacceptable or injurious to health and well being of people or goods that are priced above acceptable open market prices or restrict the supply of goods to create artificial shortages etc.
- engaging in or promoting bribery and corruption in getting undue advantages that ultimately disadvantage the public
- engaging in business or professions sans internationally accepted norms for employment of people
- engaging in business or professions within operating environments that damage, destroy or negatively impact the environment
- engaging in businesses or adopting business standards that are deemed illegal, outside the regulatory framework and/or are unethical
- living ostentatious life styles, uncaring of the needs and expectations of the majority

Examples of acts of omissions may include

- failure to adhere to best practices of good governance including guidelines on sound business practices and ethics
- failure to speak against acts of injustice, bad governance, corruption, waste, manipulation terrorism, violence, oppression, suppression, abuse of and other acts against society or groups of disadvantaged, minority communities, women and children by whomever committed
- failure to speak against acts of fraud, oppression or suppression of right to information, especially by the law and other public officials
- failure to speak against and act against persons engaging in depriving human rights and human freedoms
- failure to speak against and act against those persons negatively impacting the environment.
- failure to speak against and failure to promote good governance by members of any fraternity, chamber or society of which he/she is a member
- being in business any failure to live up to the best practices articulated in UN Global Compact principles, failure to live up to ethical and societal commitments of business, professions or society

Before you are dragged in front of or charged by or exposed by, actions before any “People’s Court of Justice”- “Janatha Adhikaranaya,” it is best to reflect on the following extracts from seasons greetings of a leading academic and a business professional:

“I shall pass this way but once, any good thing therefore that I can do, let me do it now, let me not defer it or neglect it, for I may not pass this way again.”

“A new year reminds us that life is the time span between Birth and Death, Whatever we do, we do it by spending our life. Therefore, let us do it well; For today is the result of our yesterday and Tomorrow is the result of today.”