Sunday Observer: New Delhi: Sunday, August 19, 2018.
The Government
of National Unity reached its third year mark last week, with a mixed
scorecard. But where it has show unambiguous progress and real political will
these past three years, has been in the realm of democratic reform, one of the
keystones of the January 8, 2015 platform that propelled President Maithripala
Sirisena and subsequently
Prime Minister Ranil Wickremesinghe to power three
years ago.
The
Government’s singular achievement in this respect came only months into its
term, with the passage of the 19th Amendment to the Constitution. The 19A, as
it is called, repealed the draconian 18th Amendment which removed a two term
limit on the presidency and brought previously independent commissions under
the jackboot of the executive, was probably one of the most progressive pieces
of legislation passed in the history of the republic. In addition to slashing
the powers of the Presidency and the de-politicisation of state institutions,
which was a central pledge of President Sirisena’s election campaign in January
2015, the 19A enshrined the Right to Information as a fundamental right in Sri
Lanka’s constitution. The amendment restored independence to major commissions
including the National Police Commission, the Human Rights Commission, the
Bribery Commission, Elections Commission and the Public Service Commission
after their long winter of being rubber-stamping authorities or appendages to
an all powerful executive, especially during the tenure of the former Rajapaksa
regime.
Independent
Commissions were first introduced through the 17th amendment to the
constitution in 2001 to reduce unfettered executive discretion in respect of
the functioning of these bodies in the public sector.
One year
after the passage of the 19A, the Government made another historic move to
enact the Right to Information Act with the objective of making people more
accessible to information that may affect them in some way and in a step
towards democratisation and reducing corruption.
“Whereas the
Constitution guarantees the right of access to information in Article 14A
thereof and there exists a need to foster a culture of transparency and
accountability in public authorities by giving effect to the right of access to
information and thereby promote a society in which the people of Sri Lanka
would be able to more fully participate in public life through combating
corruption and promoting accountability and good governance,” the preamble of
the RTI act says.
Speaking of
the successful application of the Right to Information Act and how it has
impacted the rights of the people attorney at law, Kishali Pinto- Jayawardena
who is a commissioner at the RTI Commission told the Sunday Observer that the
thrust of this legislation had always been to privilege people.
“The basis
for this is that the state is far more powerful. When structuring the RTI all
along the objective was to privilege the citizens make it as easy as possible
for citizens to get information,” she said.
Transparency
International Sri Lanka calculates that the RTI commission has had a 90 percent
success rate.
However,
further calling for systemic protection for the independent Commissions legal
expert and Commissioner Kishali Pinto Jayawardene went on to state that it has
become evident that the success of these commissions is more dependent on the
individuals who drive it, which should not be the case.
“This means
consequentially once the individual leaves the body collapses. This systemic
protection is not given to the commissions even from 2015,” she said.
There is also
the need to ensure that the commissions are given sufficient financial
independence. A sufficient financial resource is paramount. In fact most of the
commissions have complained about this.
The Bribery
Commission has also been unfettered and enjoyed the fruits of independence, as
it cracks down indiscriminately on corruption within the state sector. Earlier
this year, the Commission bagged a prize catch, when it apprehended the Chief
of Staff to President Sirisena in the act of obtaining a bribe amounting to Rs.
20 million.
Commission
officials said they had been able to carry out their investigation and sting
operation without fear or fervor, and with no interference from the highest
levels.
Another
legislative victory that the government bagged within the three years is the
passing of the Office of Missing Persons Act, with a lot of drama and unfounded
opposition.
The Office of
Missing Persons has had successful discussions around the country especially
based in the south and the north. It will be issuing its first interim report
by August 30.
In its
efforts of reconciliation the government has been steadily and in a meaningful
way is reducing the military footprint in the North. In keeping with the
government’s pledge according to Army statistics the it has released over 80
percent of the lands that were under the military control including over 90% of
the private land in Jaffna, Kilinochchi, Mullaitivu, Vavuniya, Mannar, Trincomalee,
Batticaloa and Ampara, which were given back to the original owners.