The whole of government consists of the art of being honest…Thomas Jefferson
A few days ago, I was browsing through my modest library at home when I fortuitously came across a book that is a gem of our times. It is “A Call for National Reawakening” by the late C.G. Weeramantry, published in 2005 where he says: “ In the context of the forthcoming Presidential election the thought occurred to me that it might be useful to set down some ideas based on my own experience which might be of some assistance to the general public and to whichever candidate or future government is elected to power”.
Professor Weeramantry, as he was known at Monash University during my graduate studies, was Sir Hayden Starke Professor of Law. He was deeply respected by faculty and staff for his sustained scholarship, deep erudition and enduring pedagogy. After his stellar teaching career at Monash, he was elevated as a Judge of the International Court of Justice – the ultimate recognition and pinnacle of judicial achievement – where he was Vice President of the Court.
I give below some quotes from his book which may be of topical relevance to Sri Lanka under the new regime.
“I hope these views will be received in the spirit in which they are offered- for the betterment of our country. Its institutions, its culture, its peoples and above all its future generations, whatever their race, language, religion, caste, class or educational background”.
Our National Strengths
“In the first place we are a people of great natural talent. Whether in the technical or in the academic or in the artistic and cultural fields, our people have shown great ability. They are quick to learn and are very inventive. They have great natural skills which are immediately recognized by foreigners who come to work with us. When they go overseas their intrinsic ability shows up and gains recognition in many spheres and at all levels. Sri Lankans are at the helm, or in the top administrative rung of many international institutions and I have often heard the quip from foreign friends that Sri Lankans can run the whole world but cannot put their own little house in order”.
“ Robert Knox, for example, observed that peasants in the fields demonstrated such understanding of affairs that they were fit to rule a kingdom, and Leonard Wolfe in his autobiography noted the great natural talent of the people”.
“We have the advantage of an educational system which gives free education from kindergarten to university. This has produced one of the highest literacy rates in the developing world”.
“ Sri Lanka has the advantage from an international point of view of not being attached to any of the major power blocs of the world”.
“ The geographical position of Sri Lanka gives it a great advantage. It is located on the crossroads between Europe, Asia, Africa and Australia, and thus is in a position that can be turned to great political and economic advantage”.
Our National Weaknesses
“Hereare some of our national weaknesses which we take for granted and tend to gloss over:
i) Inability to run our institutions without functionalism.
ii) Envy of the success of others.
iii) Lack of respect for law and order.
iv) Lack of a sense of discipline.
v) Widespread bribery and corruption.
vi) Lack of transparency in public decision-making; appointments, contracts, disbursements.
vii) Multiple divisions of society.
viii) Using politics as a road to personal advancement.
ix) Making extravagant election promises.
x) Overindulgence in political rhetoric.
xi) Sweeping past wrongdoings under the carpet.
xii) Waste of resources on political tamashas.
xiii) Cringing before superiors.
xiv) Fawning on foreigners.
xv) Flaunting of wealth, possessions and power.
xvi) Lack of concern for the environment.
xvii) Outsourcing of crime through contract killings.”
“The body politic and almost all national institutions are today more than ever before wracked by corruption. This takes many forms ranging from blatant bribery to nepotism”.
“Sri Lanka continues to pile up a massive amount of foreign debt. Statistics of the extent of this indebtedness are not released in a manner which will enable the public to know its full extent. More and more attractive schemes are announced from time to time without the public being informed of what is involved. What has happened in effect is that the wealth and resources of the country have been mortgaged for generations to come”.
“Unfortunately, a tendency has grown up in recent times to flaunt one’s wealth and possessions. There is a love of display of status symbols. Mercedes-Benz cars, palatial buildings, opulent parties, foreign artifacts – all these are displayed in a manner that invites envy and class hatred, for in Sri Lanka we live in a growing disparity between the rich and the poor”.
Children of wealthy families think nothing of spending up to a hundred thousand rupees in a hotel for one night’s entertainment of their friends and their parents are knowing and willing parties to this for it gives them as well a sense of glamour.”
“Once you are in Parliament you have a job, a position and a series of valuable perks. All members of Parliament have a vested interest in the system”.
“The whole system needs rethinking and revision. Moreover, whoever stands as a candidate for such an august office as membership of parliament should have some achievement already notched up in his or her own right. There must be a track record. One must not be able to offer oneself as a candidate on an empty slate of achievement…it is useful to ask how many members of parliament qualify in this regard”.
“ All persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”.
“Associated with health is the problem of dumping of unsuitable pharmaceuticals in developing countries and the introduction of pesticides that are damaging to health…another health-related problem which poor countries need to guard against is the experimentation of new drugs on poor people. Medical experimentation of new drugs which drug companies are very anxious to conduct needs to be kept under strict surveillance”
My Take
Of all the points mentioned above, none is destitute of the significance of proper application of the law. Laws must be applied fairly and transparently, ensuring that they are clear and understandable. Legal texts should not be buried in lengthy, complex documents filled with jargon or inflated by excessive regulations. Likewise, laws should not be communicated solely through speeches or announcements. Any changes to the law must be clearly communicated to the public. A society should be ruled by established laws, not by the whims or unchecked authority of public officials. Furthermore, these laws should apply equally to all individuals without giving preferential treatment to any specific group.
One of the most crucial aspects of the Rule of Law is that authority must be exercised only by those legally empowered to do so, as laid out by statute or law. No one should claim power simply through personal connections or relationships with those in power. Disputes should be settled by legally appointed courts or tribunals, not by individuals who seize unauthorized control.
Human rights are a core element of the Rule of Law, and the principles of the Universal Declaration of Human Rights, adopted by the United Nations in 1948, must be respected. Finally, a state must honor its commitments under international law, particularly in adhering to treaties it has ratified, and it should not allow domestic laws to undermine these international obligations.
President Anura Kumara Dissanayake was mainly elected by the people to “clean the swamp” of the Deep State which had subverted the Rule of Law for decades. People were clamouring for equal treatment under the law. The people must now treat President Dissanayake as a leader and not as “Sahodaraya”. He is no longer the communicator but the CEO of the country who will take the country forward and he should be understood if he acts presidential. From the President the people could expect a well drawn-out plan on how to do the things he promised with the assistance of qualified professionals who have both credentials and integrity.
Above all, the most significant and valuable contribution the President could make is to leave a lasting legacy for future elections and politicians as well as the general public to tread a path that would abjure the long decades of decadence that has been the hallmark of Sri Lankan politics. This entails a permanent change in values and political culture and would benefit future generations in Sri Lanka.
