AHRC Writes To Minister Of Finance, Sri Lanka
By Basil Fernando & Bijo Francis
18 January, 2015
Countercurrents.org
Honorable Minister Ravi Karunanayake,
I firstly congratulate you for being appointed the Minister of Finance in the newly elected government of the Hon. President Maithripala Sirisena. As the government has promised to establish good governance, something that has been absent for several decades, on behalf of the Asian Human Rights Commission, I assure you of our complete support for all actions and programs that will be undertaken for this purpose.
AHRC is writing this letter in order to draw your attention to two important components necessary for the establishment of good governance that if they are to be realized, would require budgetary allocations.
As the Minister of Finance, you will have a pivotal role to play in ensuring the implementation of measures towards good governance, because transforming words into actions requires budgetary allocations, and your Ministry will have a vital role to play in making such budgetary allocations possible.
The two major areas where such budgetary allocations would be required are: 1) Measures for the modernization of the Sri Lankan police, to progress from the primitive style of policing that exists in the country to one that is possessed of the qualities and capacities found in modern times in many countries; 2) The establishment of a commission against bribery and corruption that could genuinely implement a program of prevention of bribery and corruption, again, in terms of what has been achieved in many countries in modern times. One recognized example is the Independent Commission against Corruption (ICAC) in Hong Kong.
Allow me to expand on these two items in more detail:
1. Measures for the modernization of the police
As you may be well aware, the model of policing established by the British in colonial times was one based on the Irish constabulary style. This was basically a militaristic style of policing to protect the interest of the colonizers, rather than the style of civilian policing, introduced in Britain in the style of the London Metropolitan police, which was based on the concept of policing by consent. Similar reforms occurred in France over a long period of time. These models have been replicated in all developed countries. From the point of view of such transformations, the policing that exists in Sri Lanka is one that is primitive and unsophisticated. Without a fundamental reform of the policing system, it is not possible to achieve good governance as understood in the modern political context.
Another factor that retarded the development of the Sri Lankan police further was the insurgencies that arose in Sri Lanka starting in 1971. During those times the police were used for military functions for the control of insurgencies, which in the Sri Lankan context unfortunately involved the use of forced disappearances, extrajudicial killings, the use of torture and ill-treatment, and other forms of extra judicial and unconstitutional illegality. This situation was worsened due to the political style initiated by the 1978 Constitution, which brought all public institutions under the control of the Executive President and thereby destroyed the internal controls of command structure in the policing organization, which was supposed to be led by the Inspector General of Police and his deputies. Undoing all this damage is an unavoidable part of making the Sri Lankan police capable of undertaking the tasks of modern civilian policing.
The 1946 Justice Soertz Commission recognized that Sri Lankan policing was created and being maintained in a militaristic style. However, the reforms that he suggested were unfortunately never implemented. This was followed by the Justice Basnayake Commission in 1970 and Justice Jayalath Commission in 1995. Perhaps due to the political situation that developed during the last decades of last century, none of the recommendations made by these commissions were implemented.
The exact projects and programs needed to achieve the requisite reforms to attain modern civilian policing are the task of the police department and other associated agencies of the government, along with contributions from Sri Lankan civil society. Naturally, for the citizens of Sri Lanka, such reforms are some of the most important aspects of the changes they seek in order to be able to live their lives in a secure and stable atmosphere.
From the point of view of economic development as well, the establishment to modern civilian policing is a paramount prerequisite to strengthen the protection for local entrepreneurs, to encourage foreign investment, as well as to create an ethos for undertaking state ventures directed towards development.
If all this is to be achieved, the Ministry of Finance will have to play a pivotal role to ensure that budgetary allocations are made for the achievement of such goals. Past budgetary allocations have failed to provide sufficient resources for strengthening and modernizing policing. It will therefore fall on your shoulders to provide an enlightened vision and the resources for achieving that vision in the immediate years to come. In implementing President Maithripala Sirisena’s vision for the rule of law and good governance, much of the practical responsibility of creating the possibilities of such changes rest on your shoulders. We earnestly hope that you will make the necessary allocations and also provide an enlightened leadership for the achievement of these tasks in the immediate years.
2. The establishment of a genuine commission against bribery and corruption
That, in the post-independence period, Sri Lanka never made a genuine attempt to establish an effective commission against bribery and corruption is beyond dispute. Even the British, by the time they left, had not taken steps to ensure the existence of such a control mechanism. However, in Hong Kong the economy began to develop, the British did differently. By the time the British colonial rule ended in 1997, there was already in existence a solid, established, Independent Commission against Corruption (ICAC). The decisive step was taken in 1974 and, within a few years, it achieved its aim. Today, Hong Kong is a society with very limited bribery and corruption. The greatest strength that provides stability for Hong Kong is the existence of this effective corruption-control mechanism. By now, it has sunk into the consciousness of the people of Hong Kong that corruption is the most destabilizing factor in society, and that it should never be allowed to raise its head again. Despite Hong Kong’s political sovereignty being handed over to the Chinese in 1997, the efficiency of the Commission not only remains; it is, in fact, improving. The ICAC is able to prosecute officers holding the highest positions and some of the richest company owners too.
Once again, the key difference between talk of ending corruption and condemning the colossal corruption of the Rajapaksa family and the action needed to establish an effective corruption control system is the provision of the necessary budgetary allocations for the functioning of an effective commission. An effective commission should have its own investigating capacity, which means that recruitment of police officers on secondment basis to the commission should be brought to an end. This is one of the critical factors to the success of the ICAC in Hong Kong. The control of information leaks in ongoing investigations cannot be achieved as long as the staff of the anti-corruption commission is not independent of and delinked from the policing system. The control of bribery and corruption in the policing system is the first step towards the establishment of the rule of law and the expansion of corruption control to other sectors, including the private sector. A further requirement of an efficient system of corruption control is highly trained investigators and the availability of forensic and other technological facilities. It follows that the establishment of such a commission is not possible without considerable investment by the government through budgetary allocations.
The resources are now available for effective corruption control. What is needed is the transfer of this know-how to Sri Lanka, taking practical steps to achieve this transfer. While the change in attitude requires the political will of the government, the Ministry of Finance can make it possible to take these practical steps. If, in the coming years, the corrupt tradition, which permeated the last regime, were to continue, part of the blame would have to be accepted by the Ministry of Finance. On the other hand, if this great task were to be achieved, it would be to the highest credit of the foresight and political will of the Ministry of Finance.
I am, on behalf of the Asian Human Rights Commission, bringing up these two important components as well as the budgetary allocations that underpin their success, at this early stage of the tenure of the new Minister of Finance because Hon. President Maithripala Sirisena and the new democratic alliance have repeatedly affirmed that ending corruption is a central ambition. Whether this promise is transformed into actual realization will be seen in the coming years. The Asian Human Rights Commission firmly hopes that, under your leadership, the Finance Ministry will make its strong contribution so that a modern economy can develop and the social and cultural change that the nation has so needed since its independence can be achieved.
As a human rights organization, the Asian Human Rights Commission is deeply aware that any government that chooses not to address the issues of police modernization and corruption control will soon enough return to repressive practices in order to maintain its power. Thus, the very task that the new government has promised – to change all the pernicious aspects of the 1978 Constitution – will not bear fruit unless these two important aspects are addressed. The electorate, which has voted in the government, wants an end to extrajudicial killings, including enforced disappearances, an end to the widespread use of torture and ill-treatment, and an end to every form of distortion of the system of justice in the country. As such, it is an integral part of all human rights actions to concentrate on the removal of the root causes of repression and violence, instead of merely protesting when such violence begins to reoccur. In this spirit, we promise you complete support and cooperation in carrying out your duties for the achievement of the above goals. We will do our utmost to ensure public support for such measures.
In the years to come, we will try to educate the people of Sri Lanka about the fundamental role of the Ministry of Finance in ending repression and violence, and creating the ethos for the settling of disputes within the framework of the rule of law and human rights, including problems related to the rights of minorities.
The problems faced by minorities are a result of the failed political strategies and not due to any inherent conflicts between the majority and the minorities. The 1978 Constitution, in particular, contributed to pushing this problem outside the democratic boundaries and created a situation of extreme instability. Now that the new government is promising an era in which the 1978 Constitution’s aberrations will be a thing of the past, we look forward to seeing the contributions made, not merely in words but by practical strategies, including practical budgetary investments for creating a framework for stability, peace, and prosperity in Sri Lanka.
On matters related to the basic rights and the protection of those rights, we assure you of our cooperation and active support.
Yours Sincerely,
Basil Fernando, Director of Policy and Programmes AHRC , Right Livelihood Laureate
Bijo Francis , Executive Director AHRC
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