Dr Sudath Gunasekara 2.11. 2011.

ƒÆ’-¡ƒ”š‚ Can you restore democracy and good governance in this country only by abolishing Proportional Representation? A very ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”BIG NOƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ is the simplest answer.

But as a responsible citizen concerned with good governance for the good of the people and their happiness, I thought I will pen few words on this all important issue and consequential matters whatever it worth. This indeed is a long story. But I will try to make it as short as possible. I am fully aware of the complexities and the limitations of any attempt to find a satisfactory answer to this vexed issue acceptable to all, or at least to the majority. But I am convinced that someone has to make a start to find a solution to this cankerous problem to rescue the nation from the obvious head on dive for imminent disaster. Definitely it needs a wider debate and a deeper discussion, than an average person would see, involving men of high caliber well versed in governance, law, administration, history, culture and other fields relevant to the needs of the present day society and its future.

The other day Minister Maitripala Sirisena has said that the government at last has decided to abolish the PR system. It is indeed heartening to see that though belated wisdom appears to have dawned upon our politicians to abolish the PR system that has already killed and buried both the spirit and the substance of representative democracy in this country, gradually since late 1980s. Even though the politicians have opened up their eyes only after the brutal and cold blooded mass murder at Kolonnawa, by their own goons, the idea is welcome. Although such a step is not going to bring to an end all vice associated with present day elections and politics, at least it will reduce the tribal wars where they kill their opponents or those supposed to be more popular than the killers. It might also minimize the hassle of election warfare and enormous cost both for the electors as well as the candidates. It will also minimize wastage of national wealth causing untold misery and pain to the people, in addition to the waste of millions of productive man hours which otherwise could be more profitably diverted for development of the country. If any one takes an account of the number of man days and the enormous national wealth lost as a result of people taking part in political meetings and other activities linked with present day elections like poster pasting, parading, vehicles used and misused, displaying cutouts, TV adds, paper advertisements, expenditure on liquor, food packets and payments for various other connected activities like crackers burnt and decorations he will see the magnitude of this national tragedy and the irreparable loss to the nation.

I only hope, like most of their empty words, the talk on abolition of the PR system will also not confine to mere lip service and empty rhetoric.

Even if it is done my question is whether that alone would restore democracy and good governance in this country? This is the core issue I am trying to discuss in this note. True enough the PR system has killed both the substance and the spirit of democracy as well as good governance. But as PR is only one evil among many others that has destroyed both representative democracy and good governance in this country one cannot even dream of a comeback unless we take immediate measures in other vital areas as well that will finally change the entire political culture as it exist today.

Rule of law, fair play, freedom of expression, freedom of meeting, free elections where people are allowed to express their will without intimidations and undue influence financially or otherwise, freedom from corruption and decline of moral values, independent judiciary, an independent public service and restoration of law and order are some of the basic constituents of good governance. In order to ensure such a system one needs to have men of character, integrity and wisdom in the seats of political power.ƒÆ’-¡ƒ”š‚  This in brief was what the author of Buduguna Alankaraya said about bad governance in simple terms when he expressed his poetic vision in the following lines.

ƒÆ’-¡ƒ”š‚ 

Rajun adamituƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  wath

Wethi metindoda epaƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  wath

Deka unge paƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  wath

Bamunu ghapatiyoda ugaƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  nith.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-When kings become unrighteous Ministers and officials also follow suit. Having seen their behavior Brahamins and house holders also learn from them to be unrighteousƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

As there are no kings to rule us in our society now this dictum applies to all those who are engaged in the process of governance from the Pradesiya Sabha member to the President of the country and all those affiliated to the machinery of government including public officials.

1 PR system

Now first let us briefly have a look at the disastrous situation that has been brought about by the PR system. Apart from the belligerent situation created by this system that leads to wastage of national resources, pollution of the environment etc and finally to arson and murder this system has completely killed the substance and the spirit of representative democracy. For example as I have pointed out many a time before PR has distanced the representative from the people beyond recovery. Already there are many former electorates all over the country which do not have representatives in the Parliament to represent the people of those electorates. ƒÆ’-¡ƒ”š‚ For exampleKandydistrict alone has eight such constituencies at present. They are Udadumbara, Teldeniya, Kundasale, Patahadumbara, Galgedara, Yatinuwara, Udunuwara, Hewaheta,Kandyand Senkadagala. With the result you have a set of blank electorates on the political map. In these electorates people have no representative to get their things done or address their grievances and as a result they have to run to each and every District MP often that ends up with frustration and disgust. When I say representative I refer to a person representing the party in power. Because today an opposition Mp is not even counted as a representative. It is the organizer of the ruling party, who is more powerful than an elected MP of the opposition. However he also canƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t address peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s grievances as he does not get any allocations from the Parliament as he is not an MP. Very often this process on the part of the voters involves many trips toColomboand the MPƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢S residences. The MPP also disown responsibility as they do not represent a particular electorate.

Unlike in the former electoral system even if a particular candidate is rejected by the people of his own area he can still get elected with preferences collected from other areas. Within the Kandy District alone we have had two Prime Ministers in the recent past, who had badly lost their base seats but collected sufficient preferences from other electorates to go to Parliament. In addition the party leader also has the privilege of nominating someone whom he wants in Parliament. This again robs peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s sovereignty. This ends up with a set of MPP who are not accountable to any particular area or people living within a given area. Not only it makes representative democracy meaningless but it also kills the very spirit of the concept of democracy. In the 2004 elections as I have pointed out in one of my previous articles Akurana (Harispattuwa) that has the largest number of votes has sent 8 MPP to the Parliament while those electorates mentioned before with a lesser number of votes could not send a single to Parliament to represent their areas.ƒÆ’-¡ƒ”š‚  This is the appalling situation five star democracy invented by JR. has created in this country.

Meanwhile there is also the eternal clash between the District MPP and the Provincial Councilors which make things even more unpleasant and disastrous in good governance.

This situation in the Lankan context has given rise to a government by the politicians, for the politicians and of the politicians. Participatory politics is replaced by dictatorial politicsƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  imposed from above with no choice.

2 How Politicians are selected and how they behave

Next let us see how these politicians are selected rather than elected. Today politics has become a monopoly of few families. Once they get in, they build up their circles and empires with their own kith and kin and cronies. Usually it is the party hierarchy who has the last word in selecting a candidate. Once selected, he or she is imposed on the people and they have no choice but to vote the person so selected. As such one cannot call it election either. ƒÆ’-¡ƒ”š‚ Better we call it selections. It is really not the will of the people but the will of the rulers that finally prevail. In countries likeUSAa candidate contesting elections has to be a permanent resident within that electorate for a minimum period. But inSri Lankaanyone from anywhere who has the blessings of the party leadership can contest any seat anywhere in theIsland. Under this wonderful representative system a man from Matara can go to Parliament fromJaffnaor a person fromColombocan go to Parliament from Batticalloa.

Then in selecting candidates no consideration is given to their education, character, integrity or social or economic background or their capacity to serve the people. Even to get employed as a scavenging labourer one needs to have some basic qualifications. But to be an MP you donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t need to have any qualification other than the proper contact with the men and women who matter. The most important factor in this game is the closeness to the leadership. Then of course the ability to collect votes, to spend lavishly on elections and win elections by hook or crook counts a lot. Today the only employment one can find without any educational or other good qualities is politics. ƒÆ’-¡ƒ”š‚ It is also the most lucrative and powerful job one can get on earth. Selected candidates contest on a District basis. Those who poll the highest number of preferences are declared elected depending on the number of seats allocated to the District.

3 Behavior and their relationship with the underworld

Once the politicians get elected they tend to get distanced from the voters. First they donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t want the voters thereafter at least till the next elections. Second whether they deliver the goods or not they are safe in their new positions as long as they enjoy the good will of the party leadership. So they have only to satisfy the leadership. To this extend actually in this country sovereignty lies with the party leadership and not with the people as it should be within a true democracy. More over once they get elected they need not think about the voters as there is no mechanism to recall for their lapses either.ƒÆ’-¡ƒ”š‚  Also they cultivate new friends and contacts after they get elected that help to look after their own welfare. Using the political power they give jobs, start new business, do contracts, issue liquor permits, collect commissions, and those who are single contract matrimonial deals with wealthy and powerful families in the towns, admit their children to the best schools and some of them send them even abroad, buy new property from Colombo or other towns like Kandy for permanent residence and thereafter they are well set for the rest of their life or at least three or four generations.

Then keeping with the latest trend and the current political culture they gather round them go betweens. These go betweens are often men from the underworld and they are thugs, drug dealers, pimps and such other people who are engaged in nefarious anti social activities. These people also form an inner ring and become a barrier between the MP and the people. Some of them become personal body guards. Thereafter the MP becomes under obligations to them and therefore has to look after their interests and protect them from all illegal activities and crimes they commit for his own betterment and sometimes for survival. In the process even the political opponents get eliminated. Thereafter these politicians become hostages of the drug dealer or the underworld thug.ƒÆ’-¡ƒ”š‚  The politician wields his power to bail them out and law enforcing authorities like the police and public servants and sometimes even the judiciary also become helpless and ineffective. They all have to break the law or just keep deaf, blind and dumb to accommodate the politician to avoid the usual consequences such as immediate transfers, demotions, losing privileges and sometimes even loss of employment. Some of these politicians enter public places like police stations and government offices and sit on the OICƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢S table, threaten them and get the criminal released. So much so today it would be more appropriate to describe the system of government we have either as Kuducracy or Patalacracy rather than calling it democracy because as someone said some time back D.E.M.O. Cracy has died a natural death long time ago.

4 Communal politics

Added to this is communal politics. Tamils vote only for Tamils and Muslims vote only for Muslims. Polarization of communal sentiments becomes rampant. The Tamils want an EELAM and the Muslims a Kalisthan.ƒÆ’-¡ƒ”š‚  Both these minorities want to push the Sinhalese to theIndian Ocean. The PR system has provided a fine ground for this communal behavior. This builds up communalism and ethnic conflicts and social unrest. The main parties also rarely get a clear mandate to form and maintain power. Here starts wooing and ugly bargaining. There is a big battle between the major parties to woo the minorities under this situation. This they do by bribing the leaders with lucrative portfolios and many other fringe benefits, often betraying the very electors who voted them in to power. When party 1 concedes 1, party two promises 2 and the party 1 concedes 4 at the next election. This vicious circle goes on and on and it will continue until the Sinhala race is completely wiped out from thisIslandunless we wake up and force the government to take immediate remedial measures.

5 Independence of the Judiciary and State Services

Today everybody knows that there is no independent judiciary and an independent public service in this country. Even if there is awe bit in the Judiciary people are gradually losing faith in the system with increasing questionable verdicts delivered under obvious political pressure and some of the highlights of Presidential pardons widely discussed around the country. In 1972 they abolished the PSC and the JSC and all appointments, transfers and disciplinary action were brought under the Cabinet of Ministers. Though the law says Cabinet of Ministers what really happen is all these decisions come under the purview of the Head of the State in practice. Though the JSC and the PSC were subsequently restored they are toothless and therefore powerless.

The lower rung in the public service is given political rights. They can even contest elections and become a Member of Parliament or a PC and even become a Cabinet Minister provided he is close to the party hierarchy. As a result the upper rungs cannot control the lower rungs. This has made the higher level officers helpless. Since the lower rung men are politically closer to the politicians, both directly and indirectly, either the higher level officers also have to get closer to the politicians or be under obligations to their subordinates who are closer to the politician for survival. All top officials like ministry Secretaries, Heads of departments, Government Agents, Heads of corporations and their directors, all judges including those of the Supreme Court, Ambassadors and High Commissioners, Vice Chancellors of Universities and similar appointments are often made by the Head of the State who is immune from all legal actions while he is in office. Apart from the act of appointment all these appointments are even openly exhibited to the country over the television and other media thus conveying a strong message to the general public on the one hand and creating a dependency mentality, a fear psychosis and subservience in the minds of these officials. This situation clearly shows how state power has got polarized around one person, who is not accountable to anybody under the present constitution. I need not tell you the danger of this situation as it has already been proved in many instances ever since 1987. Here comes to an end the independence of the judiciary and the public service.

It is very important that the Judiciary, and the public service and all state appointments should be not only independent but they all should cease to be the domestic services of the political party in power for the time being. They should also cease to be the servants of the government. Instead they should be taught that they are the servants of the People. That is why they are called Public Servants. Today they are public Servant only to the extent that they are paid by the public. If you go to any public office you can very well see how these public servants treat you and how they cow and bow down meekly before the politicians whom they consider their masters without any shame. Most public officials also look for illegal gratifications from the public to do their job. Most of them appear to have completely forgotten that it is these poor people who pay for their education, livelihood and even for the pension after retirement.

6 Separation of power, Rule of Law and maintenance of law and order.

I donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t think I need to delve in detail on these areas as it is common sense to everybody how these things operate in this country. It would suffice to say that under the Executive Presidential system there is no separation of power at all in practice or in theory. How can it happen when the President who should be the head of State, which means the President of all the countrymen, also holds a number of portfolios, presides over the Cabinet of Ministers in the government formed by his own political party?ƒÆ’-¡ƒ”š‚  These Ministers are selected and appointed by him according to his will and pleasure and therefore they are under obligation to him for their survival. The situation becomes still worse with immunity enjoyed by the President. What really we have today is only polarization of absolute state power around one individual under this constitution. Empowering an executive with legislative power is like making a registrar of births, marriages and deaths a coroner at the same time. A cynic might say, that is the fault of the Constitution.

Law is sometimes selectively applied and very often the innocents are punished while criminals and convicts are pardoned, reinstated, exalted and sometimes even crowned even as Cabinet Ministers and Diplomats. Will the people pardon such criminals? Only time will solve this riddle. Today anyone can commit murder, rape, misappropriation, misuse and abuse of authority, rob state property or even commit high treason and yet get away with impunity or get exonerated even after conviction, provided if he or she has the proper connection.ƒÆ’-¡ƒ”š‚  No lawyer, no peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s organization, no NGO so vociferous usually even on a trifle matter like killing a monkey that devastate a poor farmers farm lot, no religious or other civil leader speak on these matters. They all appear to be deaf, dumb and blind. They are only silent spectators. Some people commit these offences in broad day light but they donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t get even arrested besides getting punished.

ƒÆ’-¡ƒ”š‚ Politicians get elected without any basic qualification and get employed for life with a minimum of Rs 62,000 pm tax free in addition to many other perks like duty free vehicles in every five years. They along with higher public officials get duty free luxury vehicles every five years in addition to official vehicles. Politicians get full pension in five years in contravention of the pension minute and now this facility is extended even to their wives, Private Secretaries, Coordinating Secretaries and Public Relation Officers. Where the wife is the Private Secretary (which is the most common system) she gets two pensions after five years if the husband cease to be an MP thereafter. ƒÆ’-¡ƒ”š‚ (It is interesting to note that Act No 1 of the J.R. Jayawardhana government of 1987 was the Act to make provisions for payment of pensions for politicians. That alone, I think, shows their priorities and the unquenched desire of our politicians to serve the people). One has to compare these salaries and facilities with the pittance a University lecturer with a first class, A Civil servant, doctor, engineer, lawyer or an educator with so many professional qualifications, receives, to get a glimpse of the injustice that prevails in this country. That is the kind of rule of law, justice and fare play we enjoy. Unfortunately no Anzare is yet born inSri Lanka.

ƒÆ’-¡ƒ”š‚ Another gross inconsistency that prevails in this country is the supremacy of the Cabinet which often boils down to the dictatorship of one individual. J.R. Jayawardhana once said that what his government cannot do is only to make a man a woman and vice versa. The Cabinet can take any decision and it stands above all other law. In short the Cabinet becomes the law. ƒÆ’-¡ƒ”š‚ If you donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t call it the tyranny of the Cabinet, I really donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t know what you should call it. Someone may have to invent a new word to name it perhaps. As for me, not being a constitutional lawyer I find it difficult to comprehend the secret of this riddle. But what I canƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t understand is why legal experts keep mum on this nefarious issue? I am of the view that today in practice the Cabinet has taken over all three state functions namely legislative, executive and judicial? ƒÆ’-¡ƒ”š‚ I would like an eminent constitutional lawyer to comment.

Talking about law and order, in brief there is no law and order at all in this country, other than the law of the jungle. ƒÆ’-¡ƒ”š‚ Look at what happened in Karandeniya, Kirindiwala. You donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t need to take a broader look at how these are happening in these fields. Just see how vehicles are daily driven on the road, how they are overtaken both from the right and the left indiscriminately often crisscrossing and ending up in deaths and disasters. Look at the Kolonnawa incident or how a favourite Mp of the Head of the State from Kelaniya orGallegets about freely with impunity after violating the law of the country in open broad day light. Obviously as the usual Sinhala saying goes ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”when the big ones are pissing standing, the little ones do it running aboutƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢. Just have a casual look at the TV and the press every day and listen to what they say, you will know it better.ƒÆ’-¡ƒ”š‚ 

Some people attribute this situation to weaknesses in the law. I donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t think it is exactly so. There may be loop holes here and there. But the fact is its non implementation. Some adduce it to absence of severe punishments. Crime and punishment is a highly debatable subject. As Buddhists no can we recommend death to any criminal. But as it is there is no argument that there is a crying need for severe penalties including death at least to bring the present wave of crimes under control. Therefore I think capital punishment should be introduced for offences relating to drugs, rape and robbing and misuse of public property and treason etc. By hanging one drug dealer you save the lives of a generation and the collapse of an entire nation. Removal of civil rights for life for misuse and abuse of authority by politicians and public servants, I think could act as a deterrent against such crimes by politicians and public servants. But of course no one should apply the same legal principle applied to Mrs Bandaranaike by JR. in this regard.

ƒÆ’-¡ƒ”š‚ 

7 Increase in political and Administrative apparatus.

Another alarming situation is the enormous increase in political and administrative machinery. ƒÆ’-¡ƒ”š‚ The situation became worse especially after 1987 with the creation of Provincial Councils. ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ J.R invented this political appendage for political expediency rather than an instrument of development or good governance. Everyone knows Provincial councils had been only a white elephant over the past 24 years. It has not only duplicated political and administrative offices but it also has increased wastage of public funds and created a battle ground for politicians to fight ad kill each other for power and money. The only service it has done is the creation of lucrative and powerful job opportunities for those politicians who fail to enter the Parliament and thus fortifying the party apparatus in the periphery. But at what cost to the country and for whose benefit is the question. In addition to the 225 MPP (no one knows the exact number of Cabinet Ministers at any given time-so I donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t give that number here but I guess it is between 110 and 114 at the moment) in Parliament these Provincial Councils also have created nearly 665 Provincial councilors 45 ministers (this includes 9 Chief Ministers) 9 governors with an additional administrative apparatus to run this white elephant. ƒÆ’-¡ƒ”š‚ The overheads involved with this system never justify the services delivered. What is more is most of their functions are limited to ceremonial and purely political nature.

Meanwhile the District administration also has increased in geometrical scales.ƒÆ’-¡ƒ”š‚  For example in the Kandy Kachcheri, in the Small Industry sector, there are Five Directors, Five Deputies and Five Assistant Directors with separate offices, vehicles, staff and office equipments to do what I did alone in 1972. One can argue that the population has increased since then and therefore the need for increased staff. But how on earth he can say so, when from mid 1970-2010 population in the country, has increased roughly only by 1/3. For example in 1981 total population in Sri Lankawas 14,846 757 and today it is around 20,000,000. If you apply the same criteria to Kandy District what was 1,048, 317 in 1981 could now be in the region of 1,400.000 on the high side. This increase in numbers and perhaps the volume of work in my view would have justified two Additional staff level officers; one Deputy and one Assistant the most. As such obviously the branch is overstaffed by 12 staff officers perhaps doing nothing. If it is not wastage of public funds and misgovernment then what would you call it? When you apply the same argument for the whole country one can imagine the magnitude of waste, duplication and misgovernment. This is only one example. The same increases have taken place in all other Departments as well. ƒÆ’-¡ƒ”š‚ Just like the number of Ministries, count and see how many statutory Authorities and Corporations we have in this country to handle one subject. For example take the coconut tree and count the number of institutions set up to manage a coconut. These institutions are packed with political rejects and party supporters with no qualification what so ever to handle such subjects. ƒÆ’-¡ƒ”š‚ Most such employees donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t even report for duty but they draw their salaries from home. We pay the salaries and the politicians get the votes. So it is no wonder that most of them are running at a loss and the only solution the government has discovered to solve this problem is to increase the price. The CEB, CPC, CTB and Railway are some of the best examples one can cite. Why canƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t the government reduce the numbers and streamline these sectors by sacking those responsible for the losses and mismanagement, including the Ministers in charge, and appointing competent professionals who can deliver the goods without perpetuating and subsidizing political henchmen who have ruined these institutions. So much so it is said that today for every 16 persons there is one public officer in this country. Therefore this country I think has the highest number of Politicians and Public Officers to a given number of people for any country in the world. It is said that we spend nearly 50% of the national income to maintain this jumbo public machinery. Can we afford to do so? Furthermore why should we spend so much on an unproductive sector?

I have pointed out for the past 10 to 12 years how the present nearly 900 members of Parliament and Provincial Councils could be brought down to about 280 and also how the cost could be brought down to 1/3 rd of what it is today and thereby save more than Rs 5000 million annually for development in the country. But all that have fallen in to the deaf ears of those responsible. I know it is anathema for politicians. But it will be a divine message for the people.

This does not mean that other countries donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t have this kind of problems. But what I say is there is no point in pointing the finger to others. Instead what we should do is, point the finger unto ourselves and sweep our own doors for the good of the country and the good of the people for which we have a moral and ethical obligation, without trying to justify a rotten system.

8 Efficiency of delivery of services

Compared to what it was 20 years ago today the improvement ƒÆ’-¡ƒ”š‚ we see around in communication is unbelievable. Modern vehicles, increase in cadre both political and official, and the number of institutions, the fax machine, e-mail, web and above all the mobile telephone have revolutionized the speed and efficiency of inter personal and inter institutional communications. But could we say the efficiency of delivery of services also has increased accordingly? Is there an improvement in their attitude towards the people? Even during the colonial times there was a three day rule and more often than not people received a reply to a letter at least within one week. But today under our own government it is pitiful to say that you rarely get even a reply. Even if you get one very often it is not a complete reply leaving it being a satisfactory reply and very often it is not even properly addressed. The white men addressed citizens in their colonies as Sir in their letters and ended them as your obedient servant while the real situation in the colony was just the opposite. But today where the people are the masters none of the letters to the public has even a formal way of addressing or ending. How many time a man or a women has to go to a government office to get a job done. How many public officers are there who talk to you at least as a member of the public? Very often officers treat a client like a leprosy patient.ƒÆ’-¡ƒ”š‚  This is how they treat their masters in a free democracy under a government elected by the people with whom it is said that sovereignty is vested with. ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

When you call a person in a government office most of the time the telephone does not answer. When answered, it says either there is no response or the officer his not in his seat. ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”He is at a discussion, he is busy, he is at a meeting, he is gone to the Ministry, he is on circuit, he is out of theIslandand he is on leaveƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢. These are some standard answers one would usually get.

ƒÆ’-¡ƒ”š‚ 9 The crying need for a complete change in the whole system for good governance

Piecemeal amendments like the removal of the PR system will definitely not bring about good governance or democracy in this country. The solution badly calls for a complete change in the whole system. In other words only a new constitution that replaces the present one will find the solutions to the political mess we face today. Such changes should necessarily include the overall overhauling of the political structure, number of political offices, method of elections, qualifications and disqualifications of a person for elections as a member of parliament or any other political body, their powers, privileges and accountability, party system, role of politiciansƒÆ’-¡ƒ”š‚  in governance, role of the civil society and religious institution, independence of the Judiciary and the Public Service, checks and balances, the office of the President, the Prime Minister and the size of the CabinetƒÆ’-¡ƒ”š‚  separation of power, qualifications for public office and many more things that would pave the way for good governance. ƒÆ’-¡ƒ”š‚ It is the responsibility of the civil society and religious dignitaries, specially the Buddhist clergy, as they had done at least for the pasts 2300 years, to put the governments on the correct track without paying glowing tributes for virtues they donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t have and singing hosanna to politicians for worldly gain. As for me I never concede that everything should be left in the hands of the politicians.

In the first place the present cankerous Provincial Council system should go and the district administration must be revamped and strengthened. The nine Provincial councils should be replaced with the ancient Tun Rata with Mahaweli, Walawe and Deduru Oya as the boundaries. Three Rata sabhas should be established with the least delay to manage the affairs of the three divisions. With this set up all claims for separation and self determination will also vanish. Nearly 600 parasitic politicians and their political staff who will get displaced as a result will then engage in some productive work without imposing a burden on the people and draining the national coffers. The buildings, including the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Provincial ParliamentsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ and equipment, could be used for some other work that will benefit the country. Also vast office spaces presently allocated to PC offices and Members and Members of Parliament (now mostly kept closed or used as heir private political offices in kachcheries, while the government departments that were there earlier were driven out to distant places for which they pay exorbitant rent) could be used for a better purpose.

Next the number of MP in the Parliament should be brought down to about 125 and the Cabinet to 15 with a popularly elected member as the Prime Minister.ƒÆ’-¡ƒ”š‚  The President should be answerable to the Parliament. He should be a person above party politics and not hold any portfolio and his immunity also should be removed. He should be a non-party man functioning only as the Head of the State protecting the rights of the State and the people against misgovernment by political parties. The President, I think, should preside as an arbitrator between alternative political parties and behave and act as the father of the whole nation. Furthermore keeping with the tradition of the land he should behave like a Bodhisatwa who will rule the state according to the Dasaraja Dhamma where state power will all ways move on the wheel of Dhamma.ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚ 

No one should be allowed to stand for elections at any level unless he is a permanent resident within that electoral area for which he is seeking election, exemplary in character and have some minimum educational qualification. No convicts, drug dealers, thugs and traitors should be given nominations for elections at any level.

Members should be elected on former electoral system and provisions could be made for multimember seats where necessary to make representation more democratic. Elections should be fair and free and provisions for by-elections should be introduced to enable the electors to recall their MPP when necessary. No one should be allowed to join another party without resigning the seat and re-contesting the election.

9 Code of ethics for politicians and public Officials.

There should be a strict code of ethics for all politicians and public officials and severe punishment given to those who violate such codes including jail and disqualifying them for any public office thereafter. No politician or public servant, either directly or indirectly should be allowed to engage in contracts with Government or semi-government institutions. Having a law is one thing; only its effective implementation that makes the law meaningful. Does it happen today is the problem. When I read the banner headline of last SundayƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Divayina (30^th) which said a Presidential directive sent to the MPP and Provincial Councils laying down directions regarding the use of official vehicles and foreign travel had not been carried out and ignored for the past five years, I was wondering as to the fate of the directives of the other Ministries? I also wonder what follow up action the PresidentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s office has taken, over a five year period to see those instructions are clinically carried out. How can you explain this kind of lapses? Though speculative, three things are possible. That is either the Presidential Secretariat was not serious about this circular or it had not taken any follow up action to monitor its effective implementation deliberately allowing the culprits to observe it n the breach. A third possibility is the absence of follow up action. Whatever the reason may be this episode reflects very badly on the efficiency of governance at the highest level in our country; that is the PresidentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢sƒÆ’-¡ƒ”š‚  Office – the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Maha DevolaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ of governance in this Island. If this is the fate of the Yakadamalla one can just imagine what could happen to the Leemalla.

Finally what I would like to say is that governance should be carried out for the good of the people and not for the prosperity of the politicians. The wheel of power should turn in dependence on the wheel of Dhamma or righteousness as enunciated in the Buddhist doctrine. The will and the consent of the people should reign in place of the will and the word of political parties or party leaders. Because according to Buddhist teaching sovereignty is vested with the people and the government is only the instrument elected by the people through Mahasammata (Great Elect) that helps the people to achieve the objectives of the State. The politicians and state officials who run the government are therefore only the servants of the people.

Outcome

Only such a system keeping with the age old traditions of the country will guarantee good governance and restore democracy. It will also drastically reduce political and administrative positions and Institutions. Therefore it will result in drastic reduction in Government expenditure on salaries, vehicles, buildings, office equipments, travelling and all sort of unnecessary items. R It will also reduce cost of elections both for the candidates and the government and pass down the benefits to the people. ƒÆ’-¡ƒ”š‚ This will end the present ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-system of Government by the politicians, for the politicians and of the politicians, their families and croniesƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ and instead we will have a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-system of Government by the people, for the people and of the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

The new system of Government will also be based on the Principle where the Wheel of Power will revolve on the Wheel of Dhamma and where Dasaraja Dhamma will form the solid foundation of Governance and that will finally lay the sound foundation for good governance and democracy.

Finally I must make it very clear that this analysis is only an attempt to give a glimpse of the actual situation prevailing in the country. It does not in any way underestimate the positive achievements of the government especially the defeat of the LTTE.ƒÆ’-¡ƒ”š‚  While paying the highest tribute for all that, this is only an attempt firstly, to open the eyes of those in power to see the reality in the country, perhaps deliberately hidden behind the curtain by unscrupulous elements in order to protect their newly acquired positions and power. ƒÆ’-¡ƒ”š‚ Secondly to make an open invitation for everyone who loves this country to initiate a public debate on this issue and jointly work out a work plan to avert this imminent danger. I am convinced that unless we take immediate remedial action to arrest this situation without being complacent we are definitely heading for disaster as a nation. We have to remember that we are all sitting on a huge dormant volcano which you do not know at what moment will erupt. It is our duty by the country and the nation to see that we donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t allow that disaster to happen before our eyes.