Prof. Prathiba Mahanamahewa 

Former Human Rights Commissioner of Sri Lanka

Q: How would you define ‘good governance’ – and how does Sri Lanka measure up to it, in your opinion?

A: Good governance primarily involves the effective implementation of laws in a country with a significant focus on the rule of law. A key requirement for good governance is the application and enforcement of the constitution, and other laws.

Essentially, good governance is about protecting, promoting and respecting human rights. If the public sector adheres to these three duties, the concept of good governance becomes self-evident.

However, issues arise because constitutional rights – such as the right to equality – are often not implemented, leading to human rights violations. Good governance requires the executive, legislative and judicial branches to work in an interconnected manner, as ultimate sovereignty rests with the people.

In essence, good governance means that government authorities and entities must protect, promote and respect human rights. Sharing information is vital for good governance but proactive information sharing is often lacking. Good governance is not solely derived from laws but also from ethical values and societal norms.

Furthermore, holding regular elections is critical for good governance, enabling the public to express their opinions. Good governance also involves respecting laws, procedures and guidelines, ensuring transparency, accountability and the protection of human rights.

Q: What are the most critical issues that the country is facing in terms of governance?

A: Currently, the country is facing critical issues in governance particularly in economic management. We must focus on restructuring public administration, not only in offices but also in the production and service sectors.

Many administrative issues reflect poor management. For instance, private companies adhere strictly to their articles of association and shareholders hold directors accountable for mismanagement. Similar accountability mechanisms are necessary in public administration.

Delays and arbitrary actions lead to prolonged court cases and further complications. For example, the state system currently has over 1,000 pending cases, causing major delays in justice.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has the power to address these issues effectively. If prompt action is taken, it will serve as a warning and help improve overall governance.

While there are significant issues, they are manageable if addressed without delay. Procrastination only exacerbates issues, leading to a deteriorating situation.