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| Sunday, 1 June 2003 |
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Features |  |
| News Business Features Editorial
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Development Lottery: The real issues - Subject President's Fund to public accountability by AMRIT MUTTUKUMARU The Development Lotteries Board (DLB) issue with reference to its 'arbitrary' takeover by the president, the ensuing alleged violent reaction of the government and the essentially servile response of 'leaders' of civil society in the context of the 'real' issues being ignored is symptomatic not only of the rotten state of governance in this country but also of its body politic. The 'real' issues being ignored or not given adequate attention are the abolition of the unfettered executive presidency or at least its reformation to 'civilize' it, meaningful accountability of the cash rich 'President's Fund', the implications of the violence allegedly perpetrated by some goons supervised by certain politicians under the very noses of the police and the abject silence in the face of all this of the 'Constitutional Council' established with much expectations under the 17th Amendment to ostensibly ensure the genuine independence of key public institutions such as the police, elections, public service, media, judicial, human rights and the bribery and corruption commissions. This writer's observation in a previous article that "although, not explicitly stated, it is apparent that the 17th Amendment implicitly demands that the 'Constitutional Council' gives leadership as a strong moral force in Sri Lankan society" ('The Island Sunday Edition' 11 August 2002) seems under the circumstances to be a pipe dream! Legal An objective analysis would indicate that in terms of pure legality, the presidential decree to take over the DLB is in order. At the time of appointment of ministers and the assignment of subjects, the president is obligated to consult the prime minister only if considered 'necessary' - ref. Article 44 (1). However, any change in this arrangement can be effected by the president at 'any time' for which consultation is not stipulated - Article 44 (3). All the hullabaloo about the gazette not being printed is presumably due to the ignorance of the people concerned or retaining political power. There seems to be no necessity for a 'gazette' to be printed for this presidential decree to be law. On the other hand, whenever the publication of a 'gazette' is required, it is clearly specified such as for example when a cabinet minister wishes to delegate anything to a non-cabinet minister - Article 45 (4). Another factor which seems to have been overlooked is that in this 'consultative' requirement, prime ministerial 'concurrence' is not compulsory. The moral issue is another matter entirely. Given the high degree of politicization of the protagonists and the imperatives of 'cohabitation' there is a clear need for consultation. However, in terms of pure legality, it seems clear that the UNF government has no case whatsoever. After all, this is the UNP's own constitution forged by the J.R. Jayewardene regime. Why cannot 'sauce for the goose be sauce for the gander'? Abolition Although both the PA and UNP have correctly identified the excesses of the executive presidency and at different times vowed to abolish or at least effect drastic changes towards making it more accountable, they have both not fulfilled their respective pledges due to reasons of political expediency and the craving for the raw power it gives over all of us. Time and time again we have over the 25 year lifespan of the executive presidency experienced its excesses and sheer abuse. Blanket presidential immunity from judicial stricture is a major reason for this. Inquiries into alleged horrendous corruption and abuse of power are as a result checkmated. The executive presidency dehumanizes the population and debilitates the body politic. Its continuity is a reflection of the pathetic and servile 'leadership' of our civil society which has meekly acquiesced with this aberration for so long. The arbitrary presidential sequestering of the cash rich Development Lotteries Board is a manifestation of this excess. The DLB's current Billion Rupee bottom line which is credited to the largely non-accountable 'President's Fund' is presumably its attraction. The incumbent holding this office, for reasons of political expediency mainly due to the constitutional prohibition of enjoying more than two terms of presidential office, is keen to abolish the same. But the problem seems to be that the UNP also seems keen on getting its share of the bite of this luscious cherry! Given the pathetic 'leadership' of our civil society, they may well succeed in this attempt unless of course 'other' events which seem increasingly likely due to the fast developing anarchy pre-empts this. Accountability The huge 'President's Fund', which currently gets almost Billion Rupees annually from the DLB, is again a UNP/JRJ creation which seems to be for all practical purposes a law unto itself accountable to no one. This is a very unsatisfactory situation that speaks volumes for the rotten state of the country's governance which no one seems to be adequately concerned about which includes the multilateral agencies who never tire of preaching the virtues of fiscal and monetary responsibilities. The constitution of its board of governors responsible for its administration, has a built in presidential majority. Presidential influence in the appointment of the auditor-general and the virtual all encompassing executive powers of the presidency could further dilute accountability. The taking over of the finance portfolio by the president for several years further exacerbated this. The prime minister who is an ex-officio member of the board could bring any abuse to the public's notice. The reason for the lethargy in this connection, could possibly hinge on an 'understanding' that in the event of a change of guard, the status quo will prevail. An infamous abuse during JRJ's presidency which miraculously came to public attention, was the scholarship given to the progeny of one of the country's more affluent families. As usual, there was no meaningful protest from any quarter. Heaven only knows of other abuses. It has been speculated that political favourites and even ruling family circles have been beneficiaries be it for educational or medical purposes or any other. Isn't it high time that the 'President's Fund' was divested of its arbitrariness and made more meaningfully accountable? Lotteries The hugely cash rich DLB (current profitability is around Rupees one Billion) from its inception in the early 1980s and until the formation of the 'Trust' in 1993 was allowed to function virtually in the absence of any accountability. Some degree of sanity was instituted only subsequent to the DLB Act No. 20 of 1997. It would seem that there is an absence of the required degree of accountability in regard to several other lotteries as well that have mushroomed under different ministries purportedly for the welfare of the people. Given the rotten state of governance in this country with virtually no accountability, this is most undesirable. First of all, there should be a national policy on 'lotteries'. All 'lotteries' should be well constituted and made fully accountable to parliament. Parliament itself should be made more responsive to its responsibilities. |
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