Good governance, panacea for all ills

by Justice P.H.K. Kulatilaka

Readers will well remember that the governments that governed Sri Lanka since Independence from the British Imperial Rulers described the mode of government that they espoused in different shades of expression. In

1972 it was a home-grown (autochthonous) Constitution declared by the Constituent Assembly whose objective was to set up a Socialist Democracy.

The Government which brought the present Constitution in 1978 pledged to create a just and free society popularly referred to as the Dharmista Samajaya.

Then the country was paralysed by the terrorist war. As a result of the war thousands of civilian lives from the two major communities, lives of government army men fighting the terrorists to safeguard the sovereignty of the State were lost. The terrorism was defeated by the security forces in May 2009.

The people of all walks of life who had undergone untold misery and sufferings expected their normal and peaceful life back. Understandably the tempo was set by the then incumbent President by kissing the earth in public declaring his 'love for the motherland' to the effect 'firstly motherland, secondly motherland, thirdly motherland'.

The newly elected President pledged to usher in 'Yaha Palanaya' [Good Governance]. When he was making the pledge standing by his side was the newly appointed Prime Minister who is the leader of the United National Party and was the former Leader of the Opposition. It was an unusual phenomenon.

The phrase Yaha Palanaya beat the ear drums of their peers the voting public in different shades, like the rainbow.

Starting point was the 'pancha maha balavegaya' of 1956 a Commoners' government comprised the Sangha, the native physicians (vedamahattayas), teachers, farmers and the workers. Probably what was intended was to bring good governance.

Perhaps what was meant by the objective of a socialist democracy including the fundamental rights and freedom of all citizens in the 1972 Constitution would have been good governance. What 1978 Constitution intended by 'just and free society 'or 'Dharmista Samajaya' seems to be the same.

The public utterance made by the former President to the effect, 'Firstly, the motherland. Secondly the motherland. Thirdly the motherland' appears to be the same. He boldly declared that everything that he promised in his 'Mahinda Chintanay' has been fulfilled.

One of his outspoken ministers in an election meeting said, 'We have given you Highways. Now you can reach Matara in one and half hours. Go to Colombo and see the development there. You see sky high beautiful massive buildings etc'. No doubt what he meant was the satisfaction that one gets when 'window shopping', in a shopping mall. Some equated the former incumbent as a 'benevolent despot' in the mould of Louis XIV in France.

Presidential election

During the January 8 Presidential-Election even though the main objective was to cut down or abolish the executive powers given to the President under the 1978 Constitution, it was the promise to usher in a Yaha Palanaya which induced the people irrespective of the race, religion, caste sex or political conviction to cast their votes for the rival candidate who opposed the then incumbent President and hand over the mantle of Presidency to Maithripala Sirisena..

What was the magic ensconced in this phrase Yaha Palanaya? First I thought it was a political slogan. But then it gathered momentum and became a household term.

The man in the street talked about it. Just before the election I asked my gardener Wilson as to who he was voting for. He said 'Sirisena Mahattayata'. I asked 'Why'? He answered 'Why Sir, Sirisena Mahattaya will give us Yaha Palanaya'. Interestingly, both rich and poor, doctors, engineers, University lecturers talked about this evergreen phrase.

But something started bothering me pricking my conscience. It was the past experience we had since Independence. Promises were given but had been happily forgotten. Is it merely a perception which would turn into be a mirage? Are they running after a mirage in search of something substantial? Anyway, it is too early to be cynical. It is not fair to be pessimistic.

Sound idea

To have a sound idea what Yaha Palanaya is all about, I had to be extremely careful not to be misled for in my school-going days I read the interesting story 'The Six Blind Men and the Elephant'. I was conscious of the wise saying of Dorothy Sayers [quoted in Knorr 1980,226] to the effect 'My Lord, facts are like cows. If you look them in the face hard enough, they generally run away'.

I thought it would be helpful if I run through the views of six wise men who seem to have some expertise in their own field. I found conceptual problems in their definitions. But I thought it is advisable to ignore them. Here I set out below what I gathered for the readers who are very much political minded these days to think about.

Eureka

The first wise man reminded me of Archimedes in his bath who cried 'Eureka' [I have found it] when he discovered the phrase 'the greatest happiness of the greatest number'. This was what he said 'Give each man his due. Majority of our people are poverty stricken. They do not cry for the sun or the moon. They want basic necessities of life, namely, food, clothing and housing. Mind you, the farmers do not ask even that. They want water to irrigate their fields and protection from floods that ruin their livelihood. They can mend themselves'. What he said was sensible.

Human rights

Then next wise man is a human rights activist. He looked quite assertive. He said 'How can you speak of good governance. We have a Constitution which contains a chapter on Fundamental Rights. But there is no right to life. It is ridiculous. Damn with the Constitution'. I quipped 'Why, new regime pledged to do away with the present Constitution'. The wise man pretended he was deaf. To be continued