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The changing meanings of system change

10 May 2022

One of the most popular phrases that is being talked about in Sri Lanka is the need for a system change. Often in media interviews, various people are asked about what they mean by a system change. Varying answers are given by persons depending on their ideologies, perspectives and above all, on the amount of thought that they have devoted to articulate what is meant by these words.  Under those circumstances, it may be useful to go into the manner in which these words have been used in Sri Lanka in the past, and how those articulations made in the past differ in meaning from those that are made now.  Perhaps the earliest groups who introduced the phrase “system change” to Sri Lanka were various groups that came under the overall category of those who called themselves Marxists or socialists. This started almost around 1935, when the Bolshevik-Leninist Party of India and Sri Lanka was formed. Then, it spread into the Sama Samaja movement and also other groups, which, one over the other, identified themselves as socialists. For this group of people, system change meant the ending of capitalism and the building of a society based on socialist principles. Often, this group of people explained themselves not so much in terms of the contexts of Sri Lanka, but rather in terms of the international terminologies that were a part of the socialist movements at the time. Hardly any of these groups, including the Sama Samaja Party which was for a long time the major group to represent this view, had a very detailed idea of what socialism would mean in Sri Lanka. However, they constantly talked about the rejection of capitalism and the introduction of socialism. Thus, the actual meanings of what this would mean remained weak.  Then around the 1950s, the meaning of system change changed considerably among another section of the people who were developing their capacity to express themselves politically from a nationalist point of view. They articulated a system change to mean the displacement of the elites, meaning the English-speaking and colonially bred middle class from important positions, and allowing space for persons with rural backgrounds to enter into more active professional lives. The competition between the colonially bred middle class and those who set themselves outside their class led to intense social complexities. The emerging new class of people articulated their idea of system change to mean the possibilities of the use of local languages in place of English, and also bringing about a new social ethos into the country. This later developed into more ethnic dimensions, where the conflicts between what was called the Sinhala Buddhist majority and the other minorities were portrayed as having different social interests, and also having different social identities. Within this context, system change often meant certain changes that were proposed in favour of a particular group of persons, rather than changes that would affect the entirety of the nation. As against these earlier ideas of system change, a new kind of consciousness about system change began to emerge from around the 1960s, which has continuously expanded over several decades. This new consciousness often expressed itself in terms of antagonism against the former Parliamentary democracy that had developed in Sri Lanka and the need for a change of this entire political system.  This idea of system change in terms of the development of a different political system has a history of several decades. The emergence of newly educated young generations that came up as a result of free education contributed towards them giving expression to this idea of a system change, meaning a change of the political system.  However, even at this stage, why the old system was to be changed and what should replace it was not very clearly articulated. Various kinds of grievances against the existing system and frustration on the basis of various deprivations suffered by various groups of people were getting articulated under the overall term of system change. However, by 1978, the idea of system change attracted the more right-wing elements. The 1978 Constitution was formulated in terms of a very radical notion of system change. This Constitution wanted to replace Parliamentary democracy altogether in favour of an all-powerful Executive. Justification for that system change was that such an Executive could act more efficiently and without hindrances from those who would oppose such changes. Incorporated into this idea of social change was a heavy enlargement of the national security laws.  In order to achieve a kind of system change particularly in terms of the economy, which was to be what was termed as an “open economy”, it was considered that the suppression of the Opposition was an essential ingredient. Thus, measures were taken to remove the civil liberties of the former Prime Minister Sirimavo Bandaranaike and some of her close associates on the one hand, and also laws which were used heavily against the trade unions and organised labour opposition.  The year 1980 marked the weak point of implementing this approach. Thus, this right-wing concept of system change meant the restriction of the freedoms of the people under the pretext that it was a requirement necessary in order to develop the economy. Although there was no real improvement in terms of the economy as a result of the implementation of this concept of system change, this conception lasted for quite a long time. It was in opposition to this right-wing notion of system change that a popular consciousness was growing in the country over the last few decades. Although the expression of the discontent was slow among the majority, there was a very continuous trend of opposition to the notion of system change that was introduced by President J.R. Jayewardene’s regime, which was followed by the other regimes to come. If the meaning of system change is to be measured by the changes of social consciousness among the population as a whole, the history of that change of consciousness goes back several decades. The expression of that social consciousness could be seen in various elections that took place, particularly since 1970.  The overwhelming victory of the Government led by Bandaranaike, in which the two major parties were also partners – the Sama Samaja Party and the Communist Party – was a very powerful expression of a change of consciousness which was taking place among the working populations in Sri Lanka.  The Government articulated its vision of system change in terms of the attempt to improve the local economy and strengthening the local purchasing power by improving the country’s foreign exchange capacities. The Government required certain restrictions for a short period of time with the promise that the improvement of the economy which could come as a result, could create a more stable economy that would in turn improve the conditions of life of the people.  However, the various circumstances including the 1971 Janatha Vimukthi Peramuna (JVP) revolt, which unfortunately led to large-scale bloodshed and a massive campaign that was against this regime, brought about a situation that disrupted the process of the development of the economy that it proposed. The second wave of the people’s discontent was expressed in the opposite direction by bringing into power the regime of Jayewardene, whose idea of system change was not one in favour of improving the conditions of life of the people in the short run.  In fact, many welfare measures were cut down, like, for example, the rice ration, which until then was one of the relief measures that was available for the people to avoid a food crisis. The open economy did not lead to any improvement of local production, and neither did it increase the inflow of foreign capital as expected. The slow beginning towards a major economic crisis thus began during the period of the United National Party (UNP) regimes. Unable to develop local resources in order to meet the external expenditures required for imports and other purposes, the habit of borrowing started, and gradually flourished. Thus, in this process of system change, in terms of what was called the facilitation of the open economy, came also the idea and the practice of the displacement of the country’s legal system.  All obstacles to the system of governance were based on all powers being vested in the Executive, without limits, and it was seen as necessary to curtail the powers granted to the legal system to control the Executive. Thus, interference into the country’s basic legal institutions began to happen ever since the introduction of the 1978 Constitution, and it only grew as time went by. The right-wing notion of system change meant that the country’s criminal justice system would be so controlled in a way that it would pose no obstacle to whatever that the Executive wanted to do in whatever manner that they wished. This was gradually interpreted to mean that all legal limitations that were placed against corruption had to be subdued or eliminated altogether. In order to do so, it was essential to suppress the criminal investigation systems in a manner that political control could be exercised over the administration of criminal justice.  However, for any stable political system or economy, one of the essential preconditions is a viable and functional criminal justice system that is rooted in the notion of equality before the law. No one who commits a crime should be spared being investigated, and if there is adequate evidence, being brought before courts. This basic principle was gradually undermined. Thus, there was a radically new system change that took place in Sri Lanka during this entire period and as time went by, the level of displacement only increased.  Today, Sri Lanka’s criminal justice system in particular, and the entire justice system as a whole, are among the weakest in the world. A weak legal system is incompatible with a stable political system and economy. It is this incompatibility that the people began to experience increasingly during the last few decades. The hardest hit among the institutions were the prosecutor’s department, which functions under the Attorney General’s (AG) Department, and also the Judiciary. Judicial institutions were weakened in many ways by the removal of some of their powers, like, for example, the power of judicial review, as well as the suspension of the powers of the courts through such laws as emergency laws and anti-terrorism laws like the Prevention of Terrorism (Temporary Provisions) Act. All these legal changes had a direct impact on the political system and the economic system.  The efficient functioning of an economic system so as to provide for a stable economy requires strict conformity to all the basic laws and regulations for the running of those institutions. If the major financial institutions in the country are open to corruption and the abuse or misuse of power, then the economy cannot function in a manner that will serve the purposes of a nation. Instead, it will serve the purposes of various individuals who wish to benefit from this situation.  This loss of discipline in the institutions that control the economy like the Central Bank, the Treasury, the Inland Revenue Department, Customs, and all other major centres of the economy was a direct result of the destabilising of Sri Lanka’s legal system. All these factors that have contributed towards eroding this stability came sharply into focus with the crisis of being unable to pay foreign debts, which surfaced during the last few months. As there were queues for obtaining gas, oil, and for almost everything else, it dawned on the people that the long term suspicions that they had about the collapsing of their economy were in fact true. It was no longer possible to escape from the realisation that they were facing a major threat to their lives, livelihoods, and the futures of their children.  As for the middle class and the upper classes, they also suffered from the same deprivation and the realisation also dawned on them that this economic instability would also result in a threat to their own wealth and possessions. There has thus emerged a kind of social consciousness that is very common to the entirety of the people in Sri Lanka in a manner that has never been seen before. Thus, today when the people talk about a system change, they are talking about a very complex phenomenon. On the other hand, above all else, if stability is to return to Sri Lanka, the legal system should be brought to a position where it could establish control of the entire system within the framework of the law. The issue is not so much the absence of laws, but the collapse of the law enforcement machinery in terms of the Police’s investigating systems, the prosecutorial branch organised under the AG’s Department, and the weakening of the Judiciary and everything that goes with those problems. Thus, the immediate need that the people feel is in terms of reducing their economic burdens such as the ever-increasing price of food and other essential items. However, given the nature of the economic collapse facing Sri Lanka, this immediate objective is not realisable, unless it is accompanied with other measures such as the basic reform of the legal system, and also bringing about discipline throughout all sectors, particularly in terms of the control of finances. It is not a surprise that one of the popular demands among those protesting all over the country is that a proper and well-functioning Auditor General’s Department be established in Sri Lanka as a precondition for ensuring economic stability in the country. Not only is the idea of the auditor’s function emphasised, but there are also discussions about the defects of the existing auditing systems, such as the need for the improvement of the confidence of the auditors to deal with more complex matters that require expertise in various fields. However, even a well-functioning auditor’s system could take place only to the extent that there is a well-functioning criminal justice system in particular, and a legal system in general. Thus, the idea of system change as understood now is a much more complex one. The political changes that need to be brought about should be placed within the context of these larger concerns. The mere change of persons or the appointment of more clever or efficient persons itself is not going to bring about a radical change in the country’s economic situation. Even for good people with confidence to work, there needs to be an overall environment in which the law is respected. Thus, this notion of social change that is imbedded in the present-day discourse among the people throughout the country should be more carefully articulated to bring about a clear comprehension of what kind of system change that is needed to stabilise the economy, as well as to bring about a more rational political system and to ensure social stability for all. (The writer is the Asian Human Rights Commission’s Policy and Programmes Director) …………………………………. The views and opinions expressed in this column are those of the author, and do not necessarily reflect those of this publication.  

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