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Emergency regulations are to control public, not pandemic: Eran Wickramaratne

07 Sep 2021

  • MP Eran Wickramaratne at the debate on Declaration of a State of Emergency and Regulations for the Maintenance of Essential Supplies and Services
The vote on the Declaration of a State of Emergency and Regulations for the Maintenance of Essential Supplies and Services was passed in Parliament on Monday (6), after a debate in which various members of the Opposition voiced their concerns over the move, especially with regard to the effects it would have on civil liberties. Among these voices of dissent was Samagi Jana Balawegaya (SJB) MP Eran Wickramaratne, who charged that while governments around the world are grappling with the ongoing pandemic, the Sri Lankan Government remains more focused on stifling freedoms and rights of citizens. Following are excerpts of MP Wickramaratne’s speech in Parliament: While the rest of the world is prudently focusing on incorporating technology, science, and knowledge to address the pandemic and its fallout, the Government and the State Minister of Consumer Affairs continue to attempt to con the public. Historically speaking, governments across the world have dealt with pandemics successfully before. But they only did so by mitigating the pandemic rationally and scientifically, not by proposing questionable bills and stifling rights of the citizens. At this juncture, our focus has to be mitigating the pandemic and ensuring more lives are not lost due to inept management. Having missed every opportunity to make timely and effective decisions, what are you hoping to accomplish by bringing in legislatures that are not necessary? Can said emergency regulations prevent the death of around 200 citizens per day? If not, it is merely a manifestation of a power struggle where the President and Government are callously risking lives of citizens with the hope of consolidating power. The President issued a proclamation by way of Gazette 2243/1 under Section 2 of the Public Security Ordinance in relation to the supply of essential goods. What is the correlation between maintaining supply of essential goods and a state of emergency? There is none. As it stands, 12 services sectors including health services, petroleum services, and customs have been declared essential services by Secretary to the President P. B. Jayasundera upon the President’s advice. This step was taken in accordance with the Essential Public Services Act of 1979. Further, in response to public outcry over the rising cost of living that profited a few friends of the Government, a maximum retail price was imposed on essential supplies such as rice, sugar, and few other items.  This step was taken in accordance with the Consumer Affairs Authority Act No. 9 of 2003. Then a few days back we saw that the Consumer Affairs Authority seized and sealed goods that were hoarded; the new Commissioner General for Essential Services went along with officials of the Consumer Affairs Authority and seized the goods. Was that done under the emergency regulations? What are these theatrics? The seizing was done under existing laws by the Consumer Affairs Authority. The unlimited powers of the President If gazetting essential services, imposing price controls, and seizing goods illegally hoarded were done under the existing laws, what is the necessity for the President to proclaim a State of Emergency under the Public Security Ordinance to further consolidate his power? What purpose is he trying to accomplish? Through these emergency proclamations the President has the power to suspend civil liberties, arrest and detain any citizen without a court order, suspend laws of the country, enter any premises without a court order, and seize privately owned property. Would you now clarify the correlation between mitigating the pandemic and the proclamation of emergency regulations? There is none. If the Government’s intention was to ensure that the country faces the pandemic and the economic crisis successfully, what they should have done was to bring in the Disaster Management Act No. 13 of 2005. Is the Government ready to mitigate the pandemic together? It is imperative that the Government brings in the Disaster Management Act No. 13 of 2005 to address the current crisis the country is facing. We lose around 200 lives of our citizens per day; the rest are living in fear of life. The public does not feel safe and the decrease in supplies and disruption in income sources have upended their lives. The responsible and sensible thing the President should have done is to act in accordance with the terms of the Disaster Management Act by establishing a National Committee under the parameters stipulated in the Act to include President and Vice President of the Task Force, Prime Minister, Finance Minister, relevant subject ministers, Leader of the Opposition, up to five other members of Parliament representing the Opposition, and governors in the absence of provincial representation at the moment. This is how the pandemic should have been approached; an inclusive and democratic effort to propose, decide, and implement measures to mitigate the situation. It is apparent that the President and his Government have no intention of facing this national crisis together, united as a nation. The Government is using witch-doctor theories to face the pandemic The Government has a singular solution to every problem this country faces. Like a witch-doctor prescribing the same medicine for every ailment, the Government continues to establish task forces for each problem. Just in the recent past we have seen the rise of problems pertaining to the Covid-19 pandemic, fertiliser, economic development, and preservation of archaeological sites. Each of these problems were met with a single solution: Establishing a task force with two brothers, one nephew, a few retired military officers, and another couple of who’s-who. But have any of these task forces managed to accomplish a single task outside of conducting meetings, staging theatrics, and proclamations on who did it best? Be advised, the Government in its short-sighted haphazard decision-making is setting a dangerous precedent by weakening the democratic institutions that were established for these very functions, ignoring expert advice and vesting power on task forces with no relevant experience or understanding. A government has public institutions for a purpose and right now the Government’s actions are portraying them as obsolete, weakening the institutional structure of this country.  The best example is the Covid-19 pandemic management. The medical experts and health officials have been cast aside while others are making decisions. The manipulation of mortality statistics amidst a pandemic is a clear example of the unawareness and inexperience on the part of those making decisions. This rampant mismanagement and inexperience of this Government is evident in the economic crisis that’s unfolding. The Government has no awareness of managing an economy, leading to a few mafias artificially creating a shortage in supply, and resultantly increasing prices and cost of living. When facing public outcry, staging theatrics is not the solution; the solution is to ensure undisrupted supply of goods and services. That is the job of a government. Why do we need a government if people who have made an honest living and lived decent lives are queuing up to purchase rationed food, and are reduced to begging? There are people collecting expired and discarded foods from waste bins at supermarkets – what is the point of a government that fails its most basic of tasks? Amidst all of it, the Government is on a mission to launder money. A tax amnesty period is to be declared for this purpose. This is not a sound economic policy; it is merely an effort to whitewash money from the drug mafias, bribery and corruption, commissions, etc. It is not a sound policy decision made with public benefit in mind for the general public in Sri Lanka do not earn the kind of money it refers to. Just like with the sugar tax scam, we have yet another instance where the “pals of the Government” get the benefit at a loss for the public, and the resultant public outcry will be met with efforts to stifle freedoms under the proclamation of emergency.   This is “Viyath Maga technocracy”. The results of it are clear – the Government has failed. Stop this act and go home now, or go to the country some of you all came from. We only have this country and we will join hands with the public and rebuild it. 

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