WANTED: CHECKS AND BALANCES

Dr. Jehan Perera contends that accountability is now at an all-time low

Sri Lanka is facing an uncertain future in the year ahead. Its foreign reserves have never been so low – in fact, the threat of defaulting on foreign loan repayments, and the disconnect between the lifestyles of rulers and the ruled hasn’t been so stark.

On the ground, people have been lining up to buy gas cylinders in short supply. In the air so to speak, as many as 60 parliamentarians – to­gether with their families – reportedly enjoyed the sea­sonal festivities in foreign lands, using dollars that weren’t available to import essential food items.

This inequitable situation was not anticipated when the people went to the polls in November 2019, in the hope of electing a strong leader who would instill discipline – and self-discipline. Voters had hoped that he would steer the nation on a course of Singapore-style (or even China-style) development – i.e. with greater efficiency and zero tolerance for corruption.

Building cohesive relation­ships between political parties and communities across the land is a challenge facing the executive this year. The most important outcomes to hope for in the new year are that President Gotabaya Rajapaksa will put together the right team and implement a zero tolerance policy on corruption, as well as treat all sections of the populace fairly and equally.

The head of state has been venting his frustration on public administrators and government officials, whom he perceives as failing to deliver on their duties and commitments. Several have been fired from their positions and some have resigned. Ironically, most of those who were moved out by design or circumstance didn’t have allegations of corruption against them.

Holding people accountable for the wrongs they have committed isn’t evident when it concerns those who are politically powerful or connected to those that are. Last year, a state minister entered a high security prison and used his weapon to inti­midate prisoners. Various committees were appointed to look into the matter but the outcome is unknown.

There are disturbing signs that ‘state failure’ is growing more serious in Sri Lanka. In several incidents, prisoners in police custody have been killed. The reasons for this range from the victims alle­gedly trying to escape while being escorted to locate their stash of weapons or drugs to being caught in crossfire or committing suicide.

The same inability or unwillingness to ensure accountability is evident at multiple levels. Some of these issues relate to the final stages of the civil war, the Easter Sunday bombings, the Central Bank bond scam, the sugar tax scandal and the Yugadanavi Power Station divestiture.

And the most recent was the explosion of large numbers of LP gas cylinders, which has resulted in deaths, injuries and the destruction of people’s homes. Investigations have not led to the masterminds being found and justice meted out.

Perhaps it’s in apprehension of a potential crisis in the country that the Supreme Court recently wrote a strong judgement in a case that is representative of the people’s sense of compassion and care for all living beings.

This was with regard to whether elephants captured from the wild – and taken to homes and temples as objects of social prestige – should be returned to their supposed owners, released to the wild or relocated in wildlife sanctuaries.

In a decision that can have far-reaching ramifications for the rule of law, as well as the system of checks and balances – and wisely, in a case that is less politically controversial – the court cited a famous judgement by Lord Denning in the English courts where he said: “It is settled in our constitutional law that in matters that concern the public at large, the Attorney General is the guardian of the public interest.”

“Although he is a member of the government of the day, it is his duty to represent the public interest with complete objectivity and detachment. He must act independently of any external pressure from whatever quarter it may come,” the law lord said.

The reintroduction of a scheme whereby higher offi­cials of state are appointed through a constitutional council comprising represen­tatives of government, the opposition and civil society will lead to appointments that are more deeply con­sidered and have a wider political backing.

Deterioration in the integrity and quality of decision ma­king at multiple levels in various institutions highlights the need for a strong system of governance, which is based on checks and balances.