By Oscar E.V. Fernando
Governance has to be guided by an accepted set of rules to be followed by both public and corporate bodies in making decisions and implementing them: it covers a wide range of conduct in public affairs to manage public resources and guarantee the rights of all individuals who are affected by such decisions in a fair and incorrupt manner within norms of natural justice.
We have in Sri Lanka a Constitution that has been subjected to several amendments – this is deemed undesirable. The Constitution can be ‘etched’ on a cold tablet of stone – or it can also have a touch of warmth, to turn it to good governance.
Governance in any society with divergent views can never be a perfect ideal, acceptable to all, hence the concept of Human Rights (HR) to protect individual rights deemed violated by governance in its various actions.
Those governing must endeavour to come near to perfection as far as is practically possible within parameters of an existing society and by recognition of a moral code – yes, that very vexed and disputed moral code – attacked on many fronts and needing a separate and broader discussion by Constitution framers and moral representatives, a matter to be given due priority in view of obvious chaotic conditions in this country as well as globally!
The foremost norm to be adhered to in good governance is the concept of Human Rights (HR). Some of its ramifications are highlighted hereunder:
- Human Rights (HR) surveillance agencies both local and international spot violations – though their reports often come to much criticism due to prevailing divergent ideological views that clash, thus contributing to turmoil in a country. This has to be vigilantly watched by civil society groups with the welfare of the broader society in mind.
- The drama enacted by Sri Lanka’s various groups at the UNHRC in Geneva bears witness to this!
- HR violations since independence, that have marred good governance in our country are a dime a dozen, commencing with alleged violation of the right of one individual who was denied candidature of premiership in the fifties – thus opening floodgates for a flow of HR violations.
- From fifties all governments have been smeared with accusations of communal HR violations marring the image of good governance they intended, but was actually thwarted by extremists of various sorts.
- Some affected communities who were denied rights due to bad governance have borne it valiantly and others have left the shores – disgruntled, but wowing to return with dignity!
- It is not all who bore violations mildly, as they resented such governance with a vengeance, leading to bloody and drastic results.
- The result of this dissent by minorities affected by violations was that no government could bear the epithet of good governance, due to violations prompted by extremist groups.
- All such governments have contributed to warfare, not welfare, inside the country, and also have made the country debt ridden – a subject vociferously discussed and very evident today, with ominous results!
- It is worth pondering as to how long extremism can hold a forward march of a country at bay!
Looking at the plight of the country, we can see that it is not only communal HR violence that had hit our society but such others as economic, educational, foreign relations, agricultural policies that were changed with each change of government to suit the views and hues of each political party, thus sliding the country down the greasy pole!
Due to non-availability of a farfetched national policy, managed by a permanent and competent bureaucracy and due to meddlesome politics, nepotism and corruption have taken over the country beyond easy reversibility.
Among other steps to be taken for good governance, this writer is of the view that the following should be urgently and sincerely addressed by civil society groups and society in general; voters too should urge prospective political candidates to pursue and have the following in their manifesto:
- A national policy embedded in the constitution covering all aspects of our society and nation, to be adhered to by all incoming governing bodies irrespective of political hues.
- A deep insight into minority HR violations in a broader international perspective with no historical prejudice or bias, a serious matter that had marred good governance over the past three score and ten years, dragging the country into this present plight, overlooked by those sitting pretty.
- Whilst in this state of complacency, it is worth pondering;
- That the shadow of a majority falling on minorities is inevitable and also is a matter to be accepted by minorities graciously, but if rights of minorities are denied for whatever cause, the simmering shadow of a revolt, due to their gathering animosity, will fall on such a majority, thus stifling the forward march of the country – as continuously exemplified since the fifties and highlighted even today nationally and/or internationally.
- Other concepts that contribute to good governance are COPE and Public Accounts Committees, now revamped for timely sittings unlike in earlier years where these committees sit a long way after accounts are published and presented to the Auditor General, leaving sufficient time for culprits to make a quick getaway from the shores by the time committee sittings commence: these committees and the Auditor General are also now given teeth for threatening punishment!
- Another development for good governance is the availability of the Constitutional Council to appoint all heads of public institutions avoiding appointments by politicians – as far as it goes!
- Good government can also be hampered by a partial media with own agendas, which would therefore need instant counter propaganda.
- An important aspect of good governance is the refined separation of Legislature, Parliament, Executive, the bureaucracy and an independent Judiciary, which is deemed the rock stone of democracy.
This plea is made to politicians of all hues by the writer, an octogenarian plus former Chief Internal Auditor – Plywood Corporation, Director Finance – Sri Lanka Foundation/Human Rights Commission, Board Member – SLF and Member – Human Rights Task Force.
