පුස්‌සො ළංවෙලා ආණ්‌ඩුව දැන් හිරවෙලා-මහාචාර්ය එම්. ඕ. ඒ. ද සොයිසා
Posted on August 8th, 2016

Dr Sarath Obeysekera

මේ ආණ්‌ඩුව පත්වී වසර එකහමාරක්‌ ගතවී ඇතත් රට මුහුණ දී තිබෙන අභියෝග ලිහාගැනීම සඳහා වැඩපිළිවෙළක්‌ ක්‍රියාත්මක කිරීමට ආණ්‌ඩුව අපොහොසත් වී ඇති බව පේරාදෙණිය විශ්වවිද්‍යාලයේ දේශපාලන විද්‍යා අංශයේ හිටපු මහාචාර්ය එම්. ඕ. එA. ද සොයිසා දිවයින ඉරිදා සංග්‍රහය සමග පුවත්පත් සාකච්ඡාවකට සහභාගි වෙමින් පවසයි. සාමූහික වගකීමක්‌ නැති පිරිසක්‌ සමග බරපතළ මූල්‍ය අර්බුදයකට මුහුණ දෙමින් නිලධාරීන්ගේ අකාර්යක්‌ෂමතාවත් සමග යන මේ ආණ්‌ඩුවේ ඉදිරිගමන ගැන මහාචාර්ය එම්. ඕ. ඒ. ද සොයිසා කරන විග්‍රහයකි මේ.

You do not have to be professor to analyse the state of affairs in the country .Experience on the ground has given me such an insight about, how government officers are inefficient and lethargic. Investors keep going to meet officers who run  various organizations to get various approvals to commence industries and they are  sent from pillar to post. Treasury officers who are ex officio of Board of Directors are blocking every step proposed by progressive board of directors citing FR and AR ‘s .

There is not concerted effort by the powerful ministers to streamline functioning of the government bureaucracy.

Approval of a  shipyard in Galle Harbour is struck on the trays of state officers .We have contemplated to commence a shipyard outside the harbour to facilitate repairs to Fishing Boats  .We have over 10,000 fishing boats ,and no facilities to repair them .This project would have provided many employments to younger generation .When the permission was sought from Galle Municipal council ,we were told to get approvals from CEA,CCD,MEEPA,SLPA ,UDA,Fishery Corporation .It has taken over six months ,SLPA is holding the approval despite the fact that the land is outside the port and no effect in their operations ,Having being in the Industry for  many years ,I know many higher officers and yet my influence to expedite the approval has failed.

I kept writing about the problems in the papers and no action taken .This is just one example how inefficient the whole system is.

I do agree with the following statement by the professor but politicians should have a firm leadership to overrule any officer who may delay the development and even get rid of them

ආණ්‌ඩුවට මුහුණදීමට සිදුවී තිබෙන ඊළඟ බරපතළ ප්‍රශ්නය වර්තමාන නිලධාරි පැලැන්තිය මේ ආණ්‌ඩුවත් සමග ඉදිරියට යැමට දක්‌වන අකමැත්ත. තමන්ගෙ දර්ශනය ඉදිරියට ගෙනයන්න අවශ්‍ය දක්‌ෂ නිලධාරි පිරිසක්‌ ආණ්‌ඩුව තෝරගත්තෙ නෑ. චන්ද්‍රිකා බණ්‌ඩාරනායක සහ මහින්ද රාජපක්‌ෂ ජනාධිපතිවරු යටතේ එක පැත්තකට බරවෙලා පුරුදු පුහුණු වුණු ඒ යුගයේ සිදුවුණු දූෂණත් සමග කටයුතු කරපු නිලධාරි පැලැන්තියම තමයි තවම ඉන්නේ. මේ ආණ්‌ඩුවත් සමග කටයුතු කරන විට ඔවුන් හරිම අකාර්යක්‌ෂමයි. නිලධාරි පැලැන්තියේ මේ අකාර්යක්‌ෂමතාව ආණ්‌ඩුවට විශාල ප්‍රශ්නයක්‌. ඇතැම් අමාත්‍යංශ ලේකම්වරු පවා ඒ තනතුරුවලට නුසුදුසු අය. තමන්ගේ සුදුසුකම් හා දක්‌ෂතා මත නිසි තනතුරු නොලැබීම නිසා කලකිරුණු දක්‌ෂ නිලධාරීන් පිරිසකුත් ඉන්නව. මැක්‌ස්‌සේබල් කියන දේශපාලන දාර්ශනිකයා පෙන්වා දුන් නිලබල අරගලය මේ ආණ්‌ඩුව තුළ තදින්ම තිබෙනවා.

It is high time for HE the President and the Prime Minister  takes reins of the cart of development ,currently been drawn by some lethargic officers ,retire them and harness new blood

Dr Sarath Obeysekera

6 Responses to “පුස්‌සො ළංවෙලා ආණ්‌ඩුව දැන් හිරවෙලා-මහාචාර්ය එම්. ඕ. ඒ. ද සොයිසා”

  1. plumblossom Says:

    Mr Sarath Obeysekara Sir,

    First of all nothing needs to be spent underhand and the laws of the country of course are reasonably draconian, of course. I feel you are missing my point completely. There are numerous acts, legislation and regulations not just to safeguard the environment but to ensure that proper compensation is paid to those in the community adversely affected by any project and also numerous labour laws that need to be complied with.

    As I mentioned, this process is not tedious but is the best way to ensure that any project complies with all these acts, legislation and regulations, has the consent of the community and complies with labour laws. First of all you need to carry out a feasibility study using a specialist consultancy who does such studies. Then with your draft design and the feasibility report you need to approach the CEA. The CEA will study all the material relevant to the project and decide whether it needs an IEE, EIA or just an EMP etc. So then you need to carry out your IEE, EIA and draft an EMP etc. During this process, your draft design will have to be modified to ensure that all resettlement and compensation legislation and environmental legislation is complied with.

    Once the IEE or EIA process is completed the CEA will, if they are satisfied, grant you permission to proceed. Therefore then you can hire your contractor to carry out the construction of the project. Any experienced contractor will study the EMP and come up with their own EMAP, they will acquire all the permissions needed as stated below by me and ensure all labour laws are complied with, most especially regarding health and safety issues of workers on-site.

    These are the procedures followed all over the world when initiating, carrying out and completing any project. It does take a little bit of time. However, is it not a good idea that your project is environmentally reasonably sound, is accepted by the community wholeheartedly, is agreeable to the contractor and is it not a good idea to hire a contractor who cares about their workers? This is what this procedure ensures. Also this is the procedure followed when completing all the small, medium and large scale projects within the country so far.

    Additionally, one more point, all those countries who are harassing Sri Lanka at present i.e. the US,UK,EU, Canada, Norway, Sweden and India somehow suggesting that our Armed Forces, our judiciary, our police, our civil defence forces and even Sri Lankan citizens are (according to them) suspect, does not know the law etc. are these procedures etc. not a good answer to give them i.e. we do know procedure etc. although they are suggesting we do not? The US is even trying to teach us about human rights when they are imperialistic and human rights violators on a massive scale all over the world. These countries the US,UK,EU, Canada, Norway, Sweden and India (someone called them ‘mankolla kalliyak’) do not follow procedure at all outside their own countries and just bomb any country they please and steal those country’s resources.

    About investors, any genuine investor will see the value of following such a procedure since it will mean a more successful project in the end and a satisfied community.

    I have written below in detail what is mentioned about with further justifications:

    Prior to commencement of any project you will have to carry out a feasibility study. For this, you can hire a specialist agency who carries out feasibility studies. Once you have carried out the feasibility study and drawn up a draft design plan, you will have to approach with both, the CEA. The CEA will then let you know whether to conduct an initial environmental examination or an environmental impact assessment. For this, you will have to hire specialist agencies who carry out IEEs and EIAs. During this process, you will have to modify your draft design to comply with the country’s environmental legislation. The good thing about this process is that the final design then will be the most efficient which also complies with the country’s environmental legislation.

    As part of the IEE or EIA process, you will have to draw up an environmental management plan. The EMP will carry out practically on the ground what is recommended in the IEE or the EIA. The contractor will also be complied to carry out the EMP while constructing the project and the contractor will draw up his own EMAP or environmental management action plan.

    Once the IEE or the EIA is completed, the CEA will issue the required permission to go ahead with the proposed project.
    Additionally you will have to comply with resettlement and compensation issues if your project inconveniences or displaces any persons etc. to comply with the country’s resettlement and compensation legislation. you will have to hire a sociologist and will have to come up with a resettlement plan depending on your individual situation. Any in event, you will have to comply with the national resettlement and compensation legislation. The good thing about drawing up a resettlement plan is so that the community is satisfied with the project overall since all required resettlement and compensation issues will be covered by the resettlement plan.

    Once you obtain the necessary permission from the CEA, and prior to the pre-construction stage, you and your contractor will have to obtain a whole host of permissions from a wide variety of agencies, departments, ministries etc. for example, if you are digging up a roadside, obtaining water for construction purposes, obtaining electricity for construction purposes, if your construction activities displaces existing utilities, if your construction activities affect traffic flow, inconveniences the community, comply with all health and safety issues of workers etc. A whole host of agencies, PSs, municipal councils, departments will have to be approached to obtain the necessary permissions. A main issue here is to comply with the labour laws of the country in particular health and safety issues of workers on-site. Requirements of labour will be covered in the EMP and the EMAP.

    You will have to go through this process since this is to comply with the country’s legislation that is there to safeguard the country’s natural environment and minimise any socio economic issues that may arise as well as comply with all the labour laws of the country. Other countries may have much worse draconian legislation than even Sri Lanka. Therefore you should not complain but go through the necessary process since these laws are there to safeguard Sri Lanka’s natural environment and any socio economic issues that may arise.

  2. plumblossom Says:

    Sir,
    To be helpful further, you talk about needing to approach the CEA,CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc.

    The procedure is to carry out a feasibility study first and then to come up with a draft design of your proposed project. Then with this information you must approach the CEA.

    The CEA will study all the material i.e. the feasibility report and the draft design etc. and they will themselves consult liaise with all relevant authorities i.e. the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. and together they will decide (according to acts, legislation and regulations) whether you will have to carry out an IEE or an EIA or just draw up an EMP etc. The CEA will provide you a Terms of Reference or ToR of the IEE or EIA you need to carry out for which you will have to hire a specialist consultancy.

    As part of the let us say IEE or EIA process, all relevant authorities will be consulted i.e. the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. who are relevant to your project and they will provide the consultants carrying out the IEE or EIA their input. Accordingly, you will have to modify your draft design several times so that all environmental regulations, acts and legislation are complied with and so that the relevant authorities are satisfied. Each of those authorities provide their input so that your project complies with the individual acts, regulations and laws which are covered by each of those individual authorities.

    Therefore, by the time the IEE or the EIA process is completed all the necessary permissions from let us say the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. will be obtained and as I said your draft design would have been modified quite an amount by this time to comply with all the regulations, legislation and acts of the country. This is the primary reason for carrying out an IEE or an EIA etc.

    In parallel you will have to hire a sociologist to draw up a resettlement plan which covers any resettlement and compensation issues in order to comply with acts, regulations and legislation with regard to resettlement and compensation.

    Once the IEE or EIA report is completed in liaison with the CEA as required by their ToR you can submit the report and obtain the necessary permission from the CEA to go ahead with your project.

  3. Christie Says:

    The 2015 Sri Lankan Presidential election: How it happened? What it means for Sri Lanka? What it means for Indian Empire (Indian Union & its colonies)?
    How it happened? Another Indian job. The former President called an early election. The Indian imperialists (Indian Union) were ready to correct its mistake in 2005 when it backed Mahinda Rajapaksa over Ranil Wickramasinge. Then, Indian imperialists advised Indian block vote in the island to abstain from voting. The reason for the preference was Indian imperialists thought it will be easier to negotiate with Mahinda an unknown matter for India. When profiling Mahinda they did not take in to account his brothers, in particular Gotabaya who was in the US at that time. Unfortunately for India, Mahinda did not follow Indian directions as former Sri Lankan leaders did since 1956. In 2010 India enrolled General Sarath Fonseka as a presidential candidate against Mahinda and failed. So behind the scene as Indian imperialist always do they were planning for years and had got former governor Chandrika Bandaranayake-Kumaranatunge to do the job and succeeded with doing a repeat of what India did with her father Solomon West Ridgeway Dias Bandaranayake in 1951. India did not have to wait for four year this time. India managed to divide the non-Indian vote and got the Indian block vote for Maithripala Sirisena the new governor of Sri Lanka who may be the proxy for the real governor Chandrika.
    What it means for Sri Lanka? Nothing much. It will be the same as what the island nation had from 1956 to 2005 and before from 1792 to 1948. The Indian minority will run the country with the privileges they enjoyed since their arrival under the cover of the British fire power and their own nonviolent aggression and oppression. They will claim they are the victims of Majority Chauvinists; the same claim that they make in other colonies from Fiji to Guyana. For example; finance and justice; most important ingredients in the world and heads of these two institutions in the island now are from the victimized minority and one of them has been brought from another colony.
    What it means for the Indian Empire? It means a lot to the Indian Empire. The former partner of the British-Indian Empire from Fiji to Guyana that is all former tropical colonies of the British-Indian Empire. India lost its control over the island nation since 2005 as the new government of the island nation managed to wipe out the Indian terrorist arm; trained, armed, financed, managed and branded Tamil !Tigers by India. Since the election of the new governor Indian cars and food have become cheaper with reduced tax on Indian products. Indian Imperialists have already indicated massive investments and projects in all sectors of the economy. This will not be a hard act as the island nation’s economy has been in their hands for more than two centuries and the business language in the country is an Indian language spoken by more than 75 million of them in India. The wealthiest in the island are Indian though their wealth is not stored in the island but most of it in India. Reclaiming the control over the island nation will supplement its control over the Indian Ocean and Indian Ocean countries. With its unchallenged military power; with ICBMs, Aircraft Carriers, Nuke Subs, Nuke (Peace) bombs and purchase of hundred billion dollars’ worth of military hardware the island nation provides the best step with Mauritius a third State of India to lay a drag line across the Indian Ocean.
    Jai Hind. Contact: [email protected]

  4. Ananda-USA Says:

    Plumblossom,

    Yes, it is true that all of the requirements for an industrial project, such as an Feasibility Study (FS), Environmental Impact Statement (EIA), Environmental Management Plan (EMP), local government and utility supply indpections and approvals, etc etc are there to protect the environment and the citizens. It is the same even in the USA.

    If I am correct Sarath Obeysekara is not complaining about the e istence of those necessary and required safeguards, but about the lack of coordination between the various authorities, the lack of timely response to his applications, arbitrary exercise of their powers, and possibly officials at various levels holding his projects hostage until a bribe has been delivered to grease the skids.

    A streamlined syatem with a single office from ehich a detailef manual to guide thd project applicant czn ne obtained, and at which all of the paperwork can be submitted, preferably online into a ptoject dstabase, and its project through the various stages of approval czn be monitored, tracked and detected deficiencies corrected by the applicant would go a long way to reduce the high-level of frustration that entrepreneurs experience in starting up a project in Sri Lanka.

    Because such a TRANSPARENT & EFFICIENT system would reduce the opportunities for unscrupulous people to exploit the applicant for bribes, the implementation of such a system is likely to be resisted TOOTH & NAIL by Sri Lsnka’s bureaucrats at every level, because this is how they supplement their inadequate salaries.

    Even if the greatest management system is implemented, as long as the CURSE of BRIBERY & CORRUPTION is uprooted, it will be very difficult for any new entrepreneur without connections and deep pockets to startup a decent sized business in Sri Lanka.

    I know; I have given up many potentially very fruitful business ideas in Sri Lanka for that very reason, and today try to do only projects small enough to avoid attracting the attention of officialdom.

    Your recommendation that entrepreneurs hire “consultants” and/or “contracyors” to help with the project is a good one that could reduce the frustration albeit at some additional cost, because those people know the ropes in dealing with the bureaucracy and have pre-established “links” to them to get things done fast.

  5. plumblossom Says:

    Ananda_USA:

    I think you are completely missing my point. It is not officialdom which is delaying any projects since it is the project proponent who has to draw up the feasibility report and the draft design, first of all. This process will take sometime.

    Once these are completed, the project proponent should approach the CEA. I am sure the CEA will study the material, convene a meeting of all relevant agencies, in this case, the CCD,MEEPA,SLPA ,UDA, Fishery Corporation etc. and decide whether an IEE or EIA is necessary and provide the project proponent with a ToR to complete the IEE or EIA. The time taken to do this is not much.

    However to carry out an IEE or EIA will take time, possibly a lot of time, but is the total responsibility of the project proponent. Also hiring a sociologist and drawing up a resettlement plan will also take time.

    Then once the IEE or EIA report is completed, it will be handed over to the CEA. The resettlement plan and the EMP should also be handed over. The CEA them will study all these documents and provide the final permission. It is only here that officialdom will take sometime time. However the project proponent can expedite this process by liaising with the CEA at this point.

    As you can see, most of the time will be taken up drawing up the feasibility report, the draft design, the IEE or EIA reports, the final design, the resettlement plan etc. usually the project proponent will hire specialist consultancies to carry these out.

    So blaming officialdom is absurd when looking at this procedure. There is no online process for this. There is not an online process for this even in advanced countries As far as I know, this process takes the same amount of time in Sri Lanka as much as in any advanced country such as the UK, for example. In fact the rules are very similar. I am sure of that.

    Most persons have experienced that the CEA and all other agencies in Sri Lanka extremely helpful when carrying out this process to its conclusion. So labelling those dedicated agencies as corrupt or lethargic is not at all acceptable. Will you slap such labels on government agencies of the imperialistic USA? I don’t think so. Does these countries the US,UK, EU, Canada, Sweden, Norway, India follow procedure outside of their countries when they go bomb unfortunate countries and steal their resources? or create proxy wars using proxies in poorer, unfortunate countries? I think not. Someone called the US,UK, EU, Canada, Sweden, Norway and India ‘mankolla kalliyak’ or a band of thieves.

    It is these same countries who via the US resolution has very untruthfully banded that the Sri Lankan Forces, judiciary, police force, civil defence force, even Sri Lankan citizens as incompetent, suspect and war criminals, yes war criminals. This is absolutely untrue and totally not acceptable.

  6. NAK Says:

    Prof. Soyaza also says in the same article that
    “only the UNP,PM and its ministers are keen to take the country forward and others are not interested and pose problems”

    He is right about it at least in one aspect. They are leading the country down the plundering way!

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