Sri Lanka always upheld Rule of Law - Minister W.D.J. Seneviratne

By Uditha Kumarasinghe

Public Administration and Home Affairs Minister W.D.J. Seneviratne said that it is very unlikely that the UNP’s so-called radical path and reorganisation of electorates will have an impact or threat to the Government. The Minister in an interview with the Sunday Observer said the main Opposition UNP has failed to move forward even an inch and get off the ground as there is no unity within the party. They have not adapted themselves to suit the changing circumstances of the country. Therefore, such a party cannot keep pace with the SLFP, the foremost party in the country.

Commenting on the World Justice Project which has given Sri Lanka a high-ranking as far as rule of law is concerned, Minister Seneviratne said it is very much heartening to note that the upholding of the rule of law is being appreciated internationally. We have upheld the rule of law and preserved the independence of judiciary. Therefore, nobody could say there is no independence of judiciary or rule of law in our country.

He said that he doesn’t say the 13th Amendment is a hundred percent failure. It really created some hopes in the minds of the people who asked for devolution of power. Now we will have to identify whatever the shortcomings that are there and evolve a system which is more efficient to bring about unity among the people. We must stand as one nation. Whatever the solution or system we propose should be able to ensure unity among the various communities in the country.

Excerpts of the interview:

Q: The Provincial Council system completes 25 years. It has failed to serve its intended purpose. The Government is to evolve a more meaningful and representative system. Your comments?

A: I also believe the Provincial Council (PC) system during the last 25 years has not been able to fulfil its objectives adequately. The PC system is a concept introduced by India and in fact it was imposed on the Sri Lankan Government as it was considered to be a solution to the ethnic problem. It however failed at a very high level at the time it was introduced in 1980s. This system was evolved to ensure that power is devolved.

Now we find that the system does not function that well specially in those areas as it should have solved the problems that had arisen. Nevertheless, the people had high hopes about it. Certain minor groups such as EPDP, EPRLF and TELO who were armed to the teeth revolted against the Government for power devolution. Some were asking Eelam. In fact, after this system was introduced, these groups agreed to lay down their weapons and join the democratic process. I don’t say the 13th Amendment is a hundred percent failure. That really created some hopes in the minds of the people who asked for devolution of power.

Now we will have to identify whatever the shortcomings that are there and formulate a more efficient and effective system to bring about unity among the people. We must stand as one nation. Whatever the solution or system that we propose it should be able to ensure unity among the various communities.

Q: Do you think Sri Lanka could ever have consensus on minority issues or interests till political parties shed their communal outlook and separatist sentiments. Could you elaborate?

A: Of course, there are several political parties in the country. Some are communal in their outlook and some are not. Certain political parties are of the view that all nationalities must live together and there should be equality of treatment. I should say the SLFP is a party to which I also belong which believes in equal treatment of all communities. I think it won’t be difficult to reach compromise among most of the parties to bring all communities together.

Q: The current controversy is centered around which is supreme-legislature or judiciary? Would you like to express your point of view?

A: It is obvious that all the three pillars - the Executive, Legislature and Judiciary are of equal importance. The legislature consists of the representatives of the people. Since people cannot legislate themselves they elect their representatives to the Legislature. There is a separate limb called judiciary for the administration of law. According to our Constitution the sovereignty lies with the people and the people’s representatives enact legislation. Sovereignty is vested in the people and it is supreme.

Q: As a lawyer do you think the stand off between the legislature and the judiciary is not in the larger interest of the country. What have you got to say on this?

A: They must function in the larger interest of the country. The Judiciary should be above board and should not be interfered with. It should have the full freedom. Of course, legislature has the right to pass legislation according to the Constitution. Therefore, the question which is superior or inferior doesn’t arise.

Q: Would you like to explain the legality of the impeachment as it has become a very controversial issue in the country?

A: There is provision for impeachment in the Constitution for Members of Parliament to remove judges of the Supreme Court, Court of Appeal and even the President. There is a procedure that has been laid down according to the Standing Orders of Parliament. When an impeachment is handed over to the Speaker under article 107 of the Constitution, there is the procedure to be followed by the Speaker in appointing a Parliamentary Select Committee (PSC) to proceed with as laid down by the Standing Orders of Parliament.

Q: World Justice Project has given Sri Lanka high ranking as far as the rule of law is concerned. Is this not a strong plus point to counter allegations of human rights violations?

A: Definitely. We have upheld the rule of law and the independence of judiciary. If anybody says that there is no independence of judiciary and rule of law is not observed in our country, that is not correct. Therefore, it is much heartening to note that the upholding of the rule of law is being appreciated internationally.

Q: A Sri Lanka-China satellite has been launched. Will this allow us access to sophisticated communication in the context of national security? How would you look at this scenario?

A: This is really a progressive step. I think this is a process that has been evolved to rank ourselves with the developed countries in the world. I am sure that this would definitely herald a bright future for our country.

Q: Is UNP’s so-called radical path and the reorganisation of electorates a threat to the Government?

A: It is very unlikely. The UNP had been telling on and off that they will definitely overhaul the party so as to topple the Government. They have not been able to move forward even an inch and get off the ground, because there is no unity within the party. They have not adjusted themselves to suit the changing circumstances of the country. Therefore, such a party cannot keep pace with the SLFP which is foremost party in the country.

Q: Could you explain what E-Governance intervention is about and how has this boosted efficiency in public service and whether it has improved the lot of rural people?

A: E-Governance is a concept that we have introduced into the public service. For example, the Pensions Department has undergone complete change under the E Governance concept. Almost hundred percent work in the Pensions Department is being done through this electronic facility. When all information is provided to the Pensions Department, a pensioner could get his pension within two weeks, a task which took about an year earlier. Similar improvements have taken place in other sectors as well. There are certain other sectors too which have been provided with this facility. Now it takes only five minutes to obtain a birth certificate, marriage certificate or death certificate.

The entire Colombo district and certain other districts in the periphery are equipped with this facility. It is there in other public offices such as Divisional Secretariats. Earlier heaps of files that had been stacked on tables are not seen today because everything has been computerised. The work is done more efficiently and expeditiously with computer technology and the people can get their work done much sooner than earlier. Likewise we find there is better efficiency that has really gone into the work of these public offices.

Q: Participatory good governance has not produced tangible dividends to the average citizen because red tape, bottlenecks and indifference to public are still felt in provincial administration. Your comments?

A: This may not be hundred percent correct and I don’t say it is hundred percent wrong. What I say is that there was a large obstacle in the form of red tape earlier. But this has since been brought down very much. I should say now we are getting praise for making Government offices more efficient. We may not be hundred percent efficient as the system requires. Nevertheless, we should say the efficiency we are experiencing today is much more advanced than what it was earlier.

Q: Recently a private TV channel exposed the predicament of the people in Ratnapura district who have no proper roads, electricity or even a small bridge to cross the streams. With decentralised budgetary funds, why cannot these needs be fulfilled expeditiously?

A: Certainly these needs will have to be fulfilled. In the Ratnapura district which I represent, I was able to provide electricity to 90 percent of the population.

Earlier electricity reception was about 50 percent which has now been increased by about 40 percent. Still some more have to be fulfilled. I also saw this news item and I think electricity has not been provided owing to political reasons which is very unfortunate.

Politics or any other discrimination should not be brought in giving electricity to any village or house. It is a right to be enjoyed by everybody. That is why President Mahinda Rajapaksa has said that every citizen of this country should enjoy the facility of electricity which should be provided by the Ceylon Electricity Board.

Q: It has been reported that the Tea industry is in dire financial straits due to heavy overheads such as executive staff and labour salaries amounting to 75 percent. Has not the Government drawn its attention to this?

A: That is very essential. You can’t expect to cut down wages unless the costs of other things should also go down. I believe what is necessary is to improve the quality of the tea produced. Then the prices will also go up. With that, I think they can meet the cost. We should always think in terms of the changing circumstances of the industry and the society.