A recent survey on the post ‘Aragalaya’ (struggle) mood of the people had shown that 60% of the public is of the view that the wishes and aspirations of the movement have not been achieved even one year down the line. The research survey, carried out by Verité Research, an independent Colombo-based think tank, confirms the fears of the millions who congregated in Colombo last year demanding reform, that nothing much has changed or will change, after all.
It is obvious that there is zero political will on the part of the current dispensation to bring about the system change people sought and this state of affairs has led to two notably distressing outcomes. One is that the educated, professional category appears to have given up hope and is consequently seeking greener pastures elsewhere. No politician could blame them for their choice because they were the ones at the forefront in the struggle for change.
According to the Federation of University Teachers’ Associations, 2,000 lecturers have left the country since the beginning of last year. Out of the total university academic cadre of 11,900 lecturers, only 6,600 are in active service. In a system where the educated have to bow down to the uneducated to get anything done and hard-earned taxpayer funds are splashed on maintaining politicians and a bloated State sector, it is a Hobson’s choice for many and this brain drain can only get worse if what is taking place in Parliament these days is anything to go by.
The other outcome is that people appear to have chosen to mark time until such time that they are consulted at the polls to lodge their protest. The regime is all too aware of this reality and that is why it is doing all it can to fold up the election calendar. However, the regime seems to be capitalising on this ‘silence’ to deploy what is essentially a dead duck Parliament, complete with a two-thirds majority, to sanction whatever it wishes – most of which appear to be devised with the primary motive of further entrenching power.
As this nation limps from one politician-created crisis to the next, the bruised and battered people must surely be contemplating as to how much more they must endure before they see this country get on the real road to recovery – recovery not only economically but also morally and ethically, both of which continue to be wrecked week after week. The events of the past week in Parliament have now almost certainly paved the way for yet another crisis – a constitutional calamity that’s waiting to happen, resulting from an induced clash between two of the three main pillars of the country’s governance apparatus – the Legislature and the Judiciary.
It all began when the Government sought approval of Parliament for the Domestic Debt Restructuring (DDR) process early last month. Back then it was seen as a calculated move primarily aimed at saving the skin of those involved in the process as they could always cite ‘parliamentary approval’ for it should things not go according to plan. However, it now appears there was more to it than what initially met the eye. For starters, there was no necessity for the DDR to be approved by Parliament as it was merely executive action by the Finance Ministry acting with Cabinet approval to address a specific requirement, which therefore did not by any means qualify as legislation that warranted parliamentary intervention.
However, for reasons that now appear to be clear, a narrative was created that it is Parliament that has control over finances and therefore must approve the DDR process. If that argument is to be taken at face value, then most routine actions of the Central Bank and Monetary Board must also be brought within the ambit of parliamentary control.
The DDR process essentially pertains to the exclusive restructuring of the superannuation funds while inequitably leaving debt instruments such as Treasury bills and bonds untouched. Therefore, if financial propriety was the motivating factor for consulting Parliament on the DDR, the right way to have gone about it is to have sought approval of the funds’ 2.5 million plus contributors who have not had any say on the matter and not of a Parliament that is a complete distortion of the current electoral reality. After all, it is the sovereign that is supposed to be supreme.
However, given what transpired in Parliament last week, it now appears that the entire drama was staged as insurance to ward off any attempts at judicial remedy over the DDR issue. All hell broke loose after the Speaker, who for some time now has been accused of rank partisanship by the collective Opposition, ruled against judicial intervention in the DDR process on the basis that public finance was exclusively vested with Parliament.
The Speaker’s proclamation quite understandably was received with a howl of protest by the collective Opposition, which warned of a dangerous precedent being created where Parliament could potentially render the Judiciary – the third pillar of the tripartite governance structure – redundant on matters it chooses to cherry pick. Sri Lanka’s constitutional framework makes it compulsory for all three pillars to operate in concert yet independent of each other, thereby creating the necessary checks and balances that are fundamentally essential for democratic governance. Therefore the red flag raised by the Opposition certainly merits consideration.
The Speaker’s ruling has now set a precedent where the Government can bring in any resolution it pleases given the majority it commands and once such resolution is passed it cannot be taken up in any court. The Speaker, on his part, has defended his action, stating that he sought legal opinion on the matter, and has refused to withdraw the ruling.
Therefore, the stage is now set for yet another politically-manufactured crisis, but unlike any other, this has a direct and profound bearing on the very foundations of our democracy. In fact, an SLFP MP was quoted as stating in Parliament on Thursday that following the Speaker’s ruling, the apex court had dismissed a petition challenging the DDR process later that same day.
In a nation where the legacy of its ageing politicians is entrenched in self-serving legislation, beginning with the Executive Presidency itself and chipping away ever since at the Constitution in order to customise it to suit the requirements of the regime in power, the only bulwark that has thus far survived this relentless onslaught is the Judiciary. Given the events of last week, even this mighty edifice is now no longer safe from the cancer that is political greed. The ageing politicians who are determined to leave no stone unturned in their quest to prolong their stay in office must remember that what they do for short-term gain will have far-reaching consequences for generations to come. The Executive Presidency is proof of that.
While the political leadership is engrossed in manufacturing new issues in this fractured nation, the heart of business, the private sector that keeps the economy ticking, is struggling to stay afloat. A State Minister of Finance declared last week that non-performing loans in the banking sector alone had shot up to a staggering Rs. 1.4 trillion. This does not include the non-banking finance sector, which probably has equal exposure to mounting non-performing loans.
While businesses struggle, so do the people who work in them. According to banking sector sources, coin circulation has suddenly increased. The only logical explanation for this phenomenon is that people are beginning to break open their tills at home to make ends meet. This is the reality for one-third of the population who are now officially categorised as poor while politicians continue to indulge in constitutional ploys and powerplays.