Constitutional changes in Sri Lanka: Cabaret Dance by Burqua-Clad!
By: Dr.Rajasingham Narendran
"The least government is the best government. We should have just as little as we can get along with"–President Harry Truman
We have glimpses of the unimportant among the constitutional changes contemplated. However, what has been revealed is not what we need.
It is like watching an awkward, Burqa-clad cabaret dancer, determined to perform without revealing anything the male audience wants to see! The President has enough votes now to ensure passage of contemplated constitutional amendments through parliament. However, we have no idea of the extent of the changes contemplated. While constitutional changes are not required to cure what ails our country, what is bound to emerge is likely to disappoint many discerning and caring citizens.
There has been no public debate on the proposed amendments. The least necessary changes are being peddled as the most necessary. It is bound to be a fait accompli. In any country that is worth her salt, constitutions are conceived, debated and written by thinking, far- sighted, knowledgeable and wise persons. The wider and long-term interests of the country would be their guiding light. Constitutions should transcend the political imperatives of the day and define in concrete terms the vision that guides a nation. In the USA, the architects of the constitution are called the 'Founding Fathers'. The larger public is made part of this debate and gets educated on the meaning and implications of the ideas being considered. A representative assembly thereafter debates and approves it, with amendments if deemed necessary.
Any constitutional change proposed and accepted by politicians of the type we have, can only be one more chapter in our unfortunate political history and would not serve the long- term needs of our country. Horse- trading to garner the required votes in parliament should not definitely be an option in constitution making, as it destroys the moral basis of the constitution itself. Sirimavo Bandaranaike and her leftist friends not only messed up an excellent opportunity to build a united nation, but also laid the foundations for a civil war. They also undermined a wiser constitution – Soulbury's- that could have served us better in the long- run, if understood and operated in the right spirit. J.R. Jayewardene's edition-which gave him all the power except the one to change the sex of a person- was the ultimate insult to our national intelligence and has become the dream of politicians aspiring to be omnipotent. Constitutional changes in Sri Lanka appear to be no different to those imposed by military juntas!
It does not matter whether we have a presidential system of governance or a parliamentary one-both have been tried, and have failed. It does not matter whether the term of office of the president is two or unlimited. J.R. Jayawardena ruled for long years, under the guises of Prime Minister and President, but smothered everything that was of value in our society- rule of law, democracy in its true sense, human rights, decency, honour and accountability. J.R.Jayawardene's 'Dharmishta rule' criminalized not only politics but also the country!
We had a Senate and it did not serve its function. This senate was abolished when it was considered an obstacle in even its enfeebled state by the ruling clique. A new Senate will not do better. It will be one more refuge for unelectable or discarded politicians. We had recourse to justice in the Privy Council, which was discarded, after the Kodeeswaran appeal, because it became an inconvenient obstacle to the politicians of the day. The reason given for discarding the mechanism was that it impinged on our national pride. We did not mind being short on common sense and being caught with our pants down!
We have a Supreme Court, which rarely had the spunk or the spine to stand up for the constitution, the rule of law and the rights of citizens. The judiciary as a whole has been degraded and enfeebled. It is a shadow of what it was in the early years of our independence. Constitutions remain a sheaf of papers, unless we treat them as sacrosanct, and function within the parameters defined by them. We are unfortunately in a country where constitutions have been considered a barrier to political ambitions, than a beacon to be guided. The two editions of homegrown constitutions we have had, sound great, but are full of deliberately made holes, which have tripped us as a nation very badly. Expediency and opportunism have triumphed over constitutional rule for too long. This has also become a bad habit that will be difficult to weed.
We have had the Provincial Council system for the past twenty-three years. However, these Councils have been rendered impotent from their very beginning. They do not serve the purpose for which they were contrived and are composed largely of men and women who are incapable of doing what they have to. The public at large would not notice a difference if these Councils disappear overnight. I do not envision politicians at the centre will ever devolve any meaningful power to the periphery. This reality, however unfortunate, needs to be accepted as part of our fate. Unbridled and centralized power is also a bad habit that cannot be easily weeded from the political scene, especially in a supine society.
The parliament as it is today reflects the decay that has progressively destroyed almost all institutions in our society over several decades. Our parliament has very few persons of stature and even fewer persons of character. Parliamentary debates are not reproduced in the newspapers any more, because they are not worth publishing! Our politicians are mostly opportunists, self-seekers, liars, thieves, thugs, criminals and braggarts. They are incompetents at best. They are parasites sucking the blood of the nation. Decent persons dare not enter the portals that have become their lair! Politics has indeed become the last abode of the rascal in Sri Lanka. Politics and politicians have crept into every aspect of our lives, and have tainted, devalued and degraded everything that matter to us as a people. This trend has been a curse for Sri Lanka. The proportional voting system has also distanced the politician from the electorate, and diluted the accountability of the elected to the voters. All these factors have contributed to power being concentrated by design in the presidency and by necessity in the hands of the few men the President trusts- principally his two brothers, who are no doubt intelligent, talented and very able individuals. However, is this the direction we should take in the future, though inevitable at this point in time?
The public services are corrupt, lethargic and bloated. They have been deprived of authority and emasculated. The public servants have been made the boot-lickers of politicians and they in turn have gladly become politicians' servants- a symbiotic relationship that is the bane of our nation. The police service is just about the worst any country could have. The police service needs policing in Sri Lanka! The police serve themselves first and the politicians and criminals next. The police service is distrusted by even men at the helm of our political structure! The last place any decent person would like to step into is a police station.
Religions are increasingly becoming a charade. They are a badge to wear and fight over, than instruments to make us a better people. Our institutionalized priesthood harbours perverts, paedophiles, violent men, criminals, war- mongers, rabble- rousers and terrorist-supporters. Where are the decency, tolerance, kindness, forgiveness and charitableness in a society that professes the world's greatest religions? These attributes are becoming harder to find in a society, where they were once in abundance. The more we talk about religion, the less religious we have become!
Teachers – whether in the schools or the universities- are rarely what they should be. They are also a frustrated and neglected lot. What sort of young men and women would come out of such institutions? We have cram shops of increasing intensity from the kindergartens to the universities. Are our schools providing an all round education to identify and develop the unique potential of each student? We have made private tuition a parallel money spinning industry, at the expense of our schools. I have heard of university students going for private tuition! Who is setting long- term objectives in our education system? On what basis are school curricula formulated? What is the vision that guides our education system?
Should our universities – increasing in number by the year- be called polytechnics instead? Do they deserve to be called universities, any longer? Should we have more technical colleges and vocational training institutions than the so-called universities? We have more literates, but fewer educated- a tragedy that is taking its toll on our society. Unless we produce better-educated men and women through our schools and universities, we cannot hope to improve our political institutions, public services, religious institutions and the police service. We have to move away from a failing quantitative education system to one that is based on quality, talents of the students and the needs of the country.
We as a society have created conditions for working girls from poor families, to become part-time prostitutes to make ends meet. We are a society that exports our women to become modern day slaves. We are a society with one of the highest rates of induced abortions in the world. We are a society that makes poor children the victims of sex tourism. We are a society where poverty forces families to sell or abandon their infants and drown their children. We are a society where alcoholism is not only rampant, but has also become fashionable. We are a society that has first world aspirations and a third/ fourth world economy. We are a society in which the disparity between the haves and have-nots is widening. We cannot forever take solace that we as a country are better off, than those around! Do we want to be the deaf man who became the leader of the blind? We should not also forget that we have slid back in most parameters that matter to a society, whereas our neighbours have progressed rapidly.
We are a country living beyond our means. We are a country of pretenders ('Boru' Show). We are a country of shallow thinkers. We are a country without long- term goals. We are a country that has not defined itself in terms of what it is and what it wants to be. We are a country without a soul. Every leader we have had, attempts to re-design the country in terms of his/ her shallow and often stupid perceptions. We are a country that does not function as one nation. We are floundering as a people. We have learnt to live for the short term and are suffering from self-induced amnesia.
We are a country with leaders, who are suffering from delusions of grandeur and the divine right to rule. We are a country that has made politicians our masters and have abdicated our rights of citizenship and sovereignty. Our country is not a democracy, but one that has opted to elect un-crowned Kings and Queens, to be our benevolent patrons! We are also a country that does not understand democracy and the relationship between the rulers and the ruled. We are literate, but not politically mature.
We are a country that has just come out of a 30-year civil war, which has left in its wake, thousands of displaced and maimed people, and widows, orphans and imprisoned. A significant proportion of our population has been pushed back at least a century in terms of social and economic parameters. The destruction left in the wake of the prolonged civil war, would take decades for even a rich country to remedy. The psychological wounds suffered will take generations to heal. There is yet no national debate on what went wrong and why a civil war came about. The parties to the conflict yet blame each other for what transpired and are unable to acknowledge their share of the blame. There is no attempt yet to find solutions to the ethnic, communal or majority -minority problems, real or imagined, that have been our unfortunate burden over several decades. Despite the tremendous pain and cost at which the civil war was concluded, there are no concerted efforts to heal the wounds and resolve outstanding issues. We are indeed a nation of lotus-eaters!
Vital infrastructure development projects have no doubt been successfully concluded, are underway and are being planned. The highways, ports, airports, bridges and power supply plants that will come on stream will have a positive impact on economic development. The conclusion of the civil war and these infrastructural projects are no doubt the great achievements of the Rajapakse government. Unfortunately, the human and institutional factors necessary to bring about the economic miracle and social development we expect are receiving scant attention. Human resource development, institution building, ensuring true democracy and rule of law, the pillars that are needed to support sustainable economic development and underline the success of our nation remain seriously neglected.
Would the new constitutional changes help remedy the critical problems and make us truly a nation of great people? Would the proposed constitutional changes help depoliticize our country and confine our politicians to their designated arena? Would these constitutional amendments make politicians reflect the essential decency of our people and set them an example? Would the new constitutional changes lay the foundations for a more efficient and less corrupt public service and a disciplined police service? Would the new constitutional amendments bring about greater amity amongst the diverse citizenry? Would the new constitutional changes criminalize bigotry, and linguistic, religious and ethnic/ communal hate mongering? Would these constitutional changes create a society that provides equal opportunities, encourages meritocracy and ensures security for the law-abiding? Would these constitutional changes bring about a more even distribution of wealth? Would these constitutional changes ensure an even development throughout the country? Would these constitutional changes ensure that development does not degrade the environment, forestry and waterways, and destroy wild life? Would these constitutional changes create a just society that is governed by the rule of law and compassion? I doubt it.
17 Comments
A good prose about "our"
constitution no doubt, BUT
you will have a fitting response from none lesser
than the SL Chief Justice -
look out, it will declare
what the KING wishes has
to be fulfilled - in short.
Would this thought provoking article be read by the rulers of the country? I doubt it.
After reading your master piece above my imgaination went crazy. I am seeing you as an opening batsman who usually do not score that much but coming out with this type of occasional brilliant innings like opening batsmen of the olden days in government services tournaments. Hope the senior players and the captain appreciate your current knock and play the cricket in the right sprit and win the game to bring happiness to all citizens of SL..
Brain drain will continue.
Now the Doc is talking right!
I wonder what made him to write this masterpiece now!
When I was in school, I was studying with one aim that was to get out of Sri Lanka!
"Least Government is the Best government" ?????? - The Bush Years were such "Least-Government" ones. Least-Control over financial institutions, Least-Oversight over corporations, Least-Accountability to the taxpayer. I wonder., can people truly be pining for those days which have led to the economic calamities we are dealing with globally today ?
I guess if Dr. Narendran says so, then it must be so.
There is a happy medium between "Least" and "Most". What is need is not a devil-may-care-and-let-everyone-do-what-they-want government nor (as Trudeau said), one which pokes it's nose into the bedrooms of the nation.
Before imposing high-flown ideas of democracy on the third world, Those people first have to eat. Democracy is not going to fill the belly of the starving man or cloth his family. He simply doesn't care about it and nothing that Westerners preach at him is going to make him care because it's irrelevant to his state .
If you want to make him receptive, then first fill his belly.
A growing economy will do that. Sri Lanka has resumed her interrupted steps on that path by commencing a load of infrastructure projects without which no economic improvement can take place - infrastructure is key.
Then we can all preach democracy at the Sri Lankans...
A thought provoking article.
When I left school, I made one promise to me. That I will never join the public sector. As a youngster, my rationale was that it would retard my thinking capacity (I have to be a pen pusher for life obeying orders from someone which didn't require any thinking) and I didn't want to say sir to political thugs, robbers & their minions.
We know public sector should not be like that and I have encountered enough instances to prove how efficient, effective, productive & courteous public sector could be.
The pressure to overhaul the system can only come from peoples power. It can only occur when people are able to unite discarding differences (while respecting each others beliefs) related to race, religion, caste etc. Therefore, the need of the hour is for us to become bridge builders among grass roots.
This amendment is for nothing but to hold everyone hostage under the rule of the Rajapakse clan for the next 15-20 years.
Rajapakse in the morning, Rajapakse in the evening, Rajapakse at supper time. Be a Rajapakse and succeed all the time!
This is a good song that should henceforth replace our National anthem. All parlimentarians, ministers, govt servants should sing this tune first thing in the morning.
Dr Rajasingham Narendran,
If it is that bad Sir, why would you want to live in Srilanka?
Surely a man of you qualifications can easily get a refugee visa if you haven't got one to live among your friends in the UK or Canada or Norway.
So don't you P O and let the part time" prostitutes and house maids" live in Srilanka in peace which they have worked hard for over the last three decades.
"The need of the hour is to look forward to benefit from the tremendous potential that Srilanka has as a country to grow and prosper"
This is what Nerupama Rao the Foreign Sec of India said after her recent visit with a promise to build 50,000 houses for the displaced people in the Wanni.
Then we get diatribes from disgruntled and bitter Tiger supporters who are living as"comfortable refugees" in foreign lands and condemning each and every facet of Srilankan society.
My question is if it is so bad why the hell would you want a "homeland" in Srilanka.?
I have no problem with people like this Dr, making disparaging statements about the Politicians or the Public service or the Clergy or even the Judiciary for that matter.
But when these so called educated people pick on the innocent rural poor people especially the women and call them prostitutes , it hurts.
It also hurts when these people denigrate the Srilankan children as a whole by portraying them as child prostitutes.
It hurts when these people always ridicule our rural women especially the Muslim women branding them as slaves when these women work in the Middle East to give their children a better life.
The sad irony is these are the people who used the LTTE as a pretext to get their comfortable lives in the West.
It is the LTTE which openly used children as soldiers .
It is the LTTE which allowed the NGOs and INGOs to exploit young innocent women in their strong holds.
Thank you. A stunning piece.
I do not agree that "the least government is the best government" that Dr. Narendran says as Truman said to have said is a good dictum. If Roosevelt believed in such a theory he would not have interfered with the 'great depression' in the US but allowed it to rectify itself. And the Marshal plan shouldn't have been put in force by the US to help almost all the war11 affected countries. Government bureaucracy should have been there to manage the doled out funds. And that is not less government. These are only two US examples to name a few.
I believe, Margret Thacher is one ruler that had followed the said concept to the extreme. She had to allow one of her favorite enterprise, Laker Airways to go bust because of her strong conviction to less government. The end result of such policy had been the poor became poorer and the rich richer. Would you believe, following this absurd theory to effect comptition and to impose least government regulations, rail tracks in the UK were privatized separately to that that of the rolling stocks. What a folly. Consequently the owning companies left the rail tracks unattended in order to make hefty profits for the shareholders. And many a train wagons were seen transported to destinations by road as a means of cost cutting. Sick of the mad and left aligned unions the Britishers were amused and hoped for the best at the time.
Now look at China. In spite of private enterprises being encouraged, the government regulated everything where ever action by private enterprises affects the public at large. The government continued to strengthen its hand in essential and selected businesses as well as in governance. They didn't care two hoots when US and its allies moan about human rights and grumbled about the lack of democracy. Which country reached the economic progress; the US, the UK or China? Suffix to say, China has improved to the extent of building the fastest train on earth. And on the economic front it has surpassed Japan to be the second largest economy.
No doubt, everyone would appreciate the motives of the founding fathers of the US. The Question is; whether the epitome of such values are being followed by the present day rulers of the US. If one wants to grasp how the US had been imposing their values on the third world, read an interview (you can read it in the internet) with John Hokins, Ex-CIA man and the writer of 'Confessions of an economic hit man'.
Let us now look at Singapore and Malaysia. Did not its' rulers Lee and Mahathir manipulated its constitution to carry on as dictators for decades. Didn't the US, UK and its' allies accused them being dictators. But, did not their dictatorial powers push those countries vast strides to reach where they are today. It is another matter that Lee is giving us lectures on democracy. If Lee is a democrat and an egalitarian as he keeps portraying to be, he should have opposed when Malaysia introduced that Bhumiputra law. But he kept mum on that point not just then but even today. The joke is, he chooses to accuse MR a jingoist.
I agree that there is some anxiety among intelectuals about the impending constitution amendments and particularly the extention of two term limit. As for village folks like me, they continue to have lot of faith in MR. Inability to organize a single mass protest by JVP against the government proves this beyond doubt.
RanilW wants Mahinda to be the executive Prime Minister. I can visualize why he changed his thinking. Anyway, I would agree with Ranil if he or another anti-national like him happens to be the President. MR being a truely nationalistic man, I want him to remain the President not Prime Minister. I have no argument about the number of terms as long as he is elected every six years.
Those in the opposition (UNP) that fear MR becomming a dictator ought to think seriously why they fail all along. Perhaps they must organise a logic and statistic based spread sheet to workout different outcome for different scenario. Then only they will see that pleasing Neo-Colonialists, INGOs, NGOs, Christian Evangelists, Separatists and their sympathizers is no way to win elections. Lets face it, the curse is not the RanilW but his policies.
I am no legal eagle. But common sense tells that MR becoming a dictator or forming a dynasty is blown out of proportion. Why? For one; a plebiscite is a must for any change of the structure of the present constitution. Since we have leant a bitter lesson in 1983, people would beat all such moves. For another; Sri Lankans do not worship dynasties. In 1977, we have proved that there are no indispensable people if they become a burden. All Rajapakses and MR in particular know these for a fact.
MR knows he is up for re-election in six years. He smell the rat even before rats creep near them. MR also knows that people had elected him President to impliment 'Mahinda Chintana'. I am sure MR knows that people will back him only if he hang on to 'Mahinda Chintana'. So, Hakims may come and go as they please.
but they will not be able make their vile moves.
These type of articles should be translated and published in both Tamil and Singala language.
This is an excellent reflection.
While our Constitition is being thrown away, our 'intellectuals' are busying themselves by rushing to the Supreme Court in the same old and tired games that they play.
Ironically, among the lawyers appearing for the intervenients is one 'doctor'ho was caught for cheating at Peradeniya and who, along with the former Chief Justice, was among the chief people who allowed the judicial system to degenerate in the nineties. Some of these details are there in Victor Ivan's book 'The Unfinished Struggle". Now these people are the defenders of democracy. What hypocrisy is this? No wonder ordinary people dismiss these charlatans and the NGOs that they represent. What has happened to the judiciary is the main reason as to why we are in this plight.
The other charade that these people are engaging in is before the Commission that is supposed to teach us on reconcilitation and lessons learnt. The one thing that this Commission has resulted in is the destroying of the credibility of witnesses such as Ambassador Jayantha Dhanapala whom we once thought better of. This is a convenient front for people to amuse themselves with while our freedosm are being grabbed from under our noses.
Agree with Leela that least govt may not be the best govt. Recent history in the capitalist world who parroted this mantra testifies to it. The crashes of big companies due to lack of governance, crashes of economies due to unregulated financial markets and products such as subprime mortgages, the need to prop up finance institutions by public finances all indicate the folly of least govt.
There is a key implication for developing countries where the private sector is not yet strong or matured enough to be the driver or engine of growth. In this scenario, the public sector has to step in to drive the economy. Additionally, govt also has to take care of large numbers in the population who live in extreme poverty by expanding support functions. It is not to make them continually dependent on subsistence, but to ensure adequate safety net to avoid social unrest impeding economic growth.
The number of terms a president can serve is also not a make or break issue (except for Ranil W who is seeing his last dream of becomming the president evaporating). Whatever the number of times, a president can serve, each time, the bastard has to be elected by the people. During the 17 year UNP rule, some thought it will never end. However, by the time JRJ relinquished presidency, the seeds of collapse of the UNP rule were already taking root with the power struggle between Premadasa, Gamini & Lalith. The impeachment severely weakned the regime later on. Therefore, the political dynamics will eventually play itself out based on peoples wishes & aspirations (& the rulers' ignorance). I still have faith.
Leela
We simply don't want to hear facts.. okay ? We prefer to regurgitate the old myths because they keep us warm and comfy.. so don't you be saying things like "Trueman said "Least Government" and did something else" or "China, with controls, has surpassed Japan, which has a US-model"
So here are the current regurgitations.
MR Bad, SF Good
Ranil Good, MR Bad
Sinhala Bad, Tamil Good
Sinhala Racist, Tamil not Racist (never mind that they wan a mono-ethic state)
and Tissaranee Gunasekera is the Oracle of Delphi, recreated in London
Can we agree on this ?
Since I wrote this article the details of the 18th amendment have come to light. The need for a president who is yet on his first term and is elected for a second term, to open the way for a third and possibly a fourth term, leaves me baffled. What is the urgency for this provision? Is it a matter of life and death for the country? Prof. G.L.Peiris has claimed this measure would encourage investments in development! Prof. Peiris is evolving into a Devil's advocate, par-excellence at the expense of a reputation built over decades in the field of law and academia!
The intent to replace the 17th amendment with those proposed in the 18th amendment are likely not to make much difference. The Constitutional Council, which was dysfunctional has been replaced by parliamentary rubber stamping mechanism! At least this will permit the current Election Commissioner to retire! If the new amendment had proposed presidential nominees to the various commissions should be vetted by a parliamentary committee and approved by a simple majority in parliament, it would have empowered parliament and strengthened democracy. The public would have had an opportunity to form their own opinions on the men and women being anointed by our political system toto key positions!
The only silver-lining I noticed in the new amendment is that there is an intent to implement and improve on the 13th amendment- reference to a provincial public service commission.