Chandra J writes to President on good governance and rule of law

Saturday, 2 November 2013 00:00 - - {{hitsCtrl.values.hits}}

HE Mahinda Rajapaksa, President of Sri Lanka & Minister of Finance & Planning, Presidential Secretariat, Janadhipathi Mawatha, Colombo 1. Dear Mr. President, A priority advocacy submission linked to good governance and rule of law This intervention is made in a spirit of democratic engagement and in pursuit of advancing good governance and rule of law in Sri Lanka. I am pleased to note the commitment in the ‘Mahinda Chinthana – A Brighter Future’ to build a ‘Society with High Values,’ towards which it committed to address “the social decline and establish high values and ethics, by eliminating fraud, corruption and malpractices which have engulfed our society for a long time”. The ‘Mahinda Chinthana’ also committed to take whatever measures necessary to eradicate criminal activities and recognised that “to create a society with good values and ethics, the ‘Mathata Thitha’ program, the curtailment of the underworld, the addressing of child abuse, rape and violence against women, were some of the main actions implemented”. The ‘Mahinda Chinthana’ further stated that, “the progress we achieved so far has been laudable, but I am fully aware that more needs to be done to achieve our goals” and in this context committed that;

“The gaps in the legal processes will be filled to eliminate all types of underworld activities. The institutional structures required will also be strengthened.
All relevant institutions will also be instructed to implement the necessary measures to eliminate the use of drugs and substance abuse from society.
I will allocate Rs. 500 million annually, to strengthen counselling and rehabilitation programs for those who are addicted to alcohol and drugs.”
“50.7% of the population don’t get the required 2,030 per day kilo calorie requirement. 45% of Sri Lankans go to bed hungry. Infants up to the age of 59 months, 19% were stunted, 11% were wasted and 22% were of low weight.”
“According to the Department of Census and Statistics (DCS), in 2009/10 approximately 8.9% of the population in Sri Lanka, or 1.8 million individuals, are poor. The new Multidimensional Poverty Index (MPI) championed by the UNDP, Sri Lanka performs even better than the absolute poverty line, and only 4.7% of the population is identified as poor. However, though 2.6 million people are estimated to have escaped poverty in the last 20 years, they may still be dangerously close to the poverty line and vulnerable to fall below, due to any number of shocks such as illness, inflation, natural disasters etc. A small adjustment to the poverty line, to increase it by just 10% results in an additional 800,000 people being identified as poor. Similarly with the MPI, adjusting the deprivation cut off from 30% to 20% results in an additional 1.9 million people being identified as poor. The mean incomes of the lowest four deciles of households are very close together, all falling below Rs. 17,833 per month. Further, more than 30% of households have a monthly income which is less than half the national average. In contrast, at the other end of the income distribution, the highest decile of households has a mean income of over Rs. 140,000 per month, while the lowest four deciles of households together account for just 13% of total household income, the highest deciles of households, alone accounts for a staggering 39.5% of total household income.”
“Alcohol, and the consequences of alcohol use, influences greatly the everyday life of poor people. Not only are the lives severely affected of those who drink, but, perhaps even more the lives of others such as their wives and children. A large proportion of the poor is heavily in to regular alcohol use – and an additional number in the city in to heroin use as well. Families in these categories are likely to be abjectly poor and most in need of ‘development’. They are also likely to be the most resistant and difficult to help progress. The risk that most in need will be left out of, or fail to benefit from, all poverty alleviation or development endeavours is high indeed. Special, focused, attention to this group of heavy alcohol and drug uses is essential, if community development efforts are not to miss the most deprived.”
“In 2012 the Police Narcotics Bureau detectives believed that Sri Lanka is fast becoming the preferred transit hub of international drug syndicates, especially cocaine smugglers. Sri Lankan customs agents have recently seized 250 kilograms of heroin worth $19 million from a container sent from Pakistan, in the largest-ever seizure of the drug in South Asia.”
“National Dangerous Drugs Control Board Chairman has said that ‘Ecstasy’ is considered an upcoming threat, as it is rapidly spreading amidst the night-clubbing youth of our country and also in the South East Asian region. Both the Police and Customs should be more vigilant and have better surveillance at the airport to detect the drug when it’s being brought in.”
A UNICEF Report states: “Most adolescents started substance abuse behaviours such as smoking, use of alcohol and other abusive substances around 14 to 15 years of age. The most cited reason for initiation of smoking or use of alcohol was curiosity and the first smoke or drink was most frequently tried in the company of friends. It is seen that the influence of outsiders in initiation of smoking and use of alcohol has increased among the younger cohort (14-16 years) of adolescents, compared to older cohort (17-19 years). The attitudes towards smoking and alcohol use appear to be favourable among the majority. However, more than 60 % of adolescents were of the perception that these substances could be stopped at any time if the person wants, indicating their unawareness of the addictive nature of these substances. This is an important point to be considered in preventive programs.”
The Child Development and Women Affairs Ministry of Sri Lanka says that “the cases of child abuse and rape of women have increased over the past decade”.
UNICEF in a report on ‘Excluded and Invisible Sri Lankan children’ states: “Effective law enforcement systems need to be established, to ensure that perpetrators of child abuse and exploitation face the consequences of their actions, protecting children from further abuse. This in turn will enhance reporting as those affected will feel it is worthwhile to report, since justice will prevail.”
There are several reports in the electronic media indicating a high incidence of child prostitution, paedophilia, child pornography and child trafficking and labour in Sri Lanka.
“The common perception that Sri Lanka has an annually growing shadow economy of a significant size in relation to the total economy, estimated at 30.4%, 35.3% and 43.7% of the official GDP in 1989/90, 1994/95 and in 2000/01.” A senior Minister in Parliament admits that “Our black money has grown fearlessly and freely. It amounts to 50 percent of the gross domestic product now”. There is a clear indication of the existence of a parallel informal economy with a linked financial services sector.
Recent Customs detections clearly indicate a high incidence of attempted import, export and transit of currency, gold, precious stones, alcohol, narcotics, dangerous drugs, antiques, archaeological artefacts, rare and medicinal plants/exotic oil extracts/fish/ animals and similar products.

I am however, disturbed by recent media reports, statistics, research reports and academic pronouncements, which indicate; In consideration of the above, I appeal to you to form a Committee of Secretaries coordinated by the Secretary to the President, representing the Ministries of Finance and Planning, Rule of Law, Economic Development, Health, Justice, Child Development and Women’s Affairs, together with the Attorney General, Inspector General of Police, Director General of Customs, Commissioner General of Excise, Commissioner General of Inland Revenue, Controller of Immigration and Emigration and the Director Financial Investigations Unit, to review and develop strategies, which will effectively address all of the above challenges in good governance and rule of law, which negatively impact commitments in the ‘Mahinda Chinthana’ “to build a society of value”. I trust that the above Committee findings, recommendations and short/medium term action plans, will be made public and placed before the Parliament and implemented with commitment under your leadership directions. Yours Sincerely, Chandra Jayaratne