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| Wednesday, 26 June 2002 |
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Letters | |
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Please forward your letters to [email protected] in plain text format within the e-mail message, since as a policy we do not open any attachments.
Effective administrative system necessary to move forward We must accept the fact that the administrative procedure in the public service was very much deteriorated. Most important irregularity being the administration rules and regulations not being implemented in the proper manner. The administrative machinery, the pulse of the government service need transformation. It is important to look at the adverse practices that have been hampering achievement of State sector organisations. The authorities usually need long periods, to solve issues. Mishandling of the issues had brought about the misfortune to most, uninfluential government servants. These injustices if allowed to continue unresolved would transform itself into despair. Demand for rectification of injustices itself raises the issues. Ineffective administration circulars causes some of the issues. To mention a few circular No. 01/2000 dated 10.12.1999, about predating government servants deprives benefits of senior government servants, who joined the service during the central government period. In another case unlike university engineering graduates (internal), open university graduates in the NEPC service have not been absorbed for engineering posts, and the Circular No. 16/92 regarding allowing external graduates is not been implemented. Though sadly understandable is the lack of will on the part of the officials to persue meaningful steps in the restoration of justice to all concerned. Hence actions need to be executed in accordance with the law, and those being affected will receive a fair hearing and will benefit from the judgement. The Government need to implement proposals if it proves to be feasible and without compromising the rights of all concerned. We hope the authorities, will look into all these issues, while
reorganising the administrative service with the assistance of World Bank
in the near future. It was good news for Democrats to read the Government decision to appoint an SCP to review the working of the Human Rights Commission and matters relating to Fundamental Rights in general. To the credit of UNP, it is that party that brought in provisions to make Fundamental Rights justifiable in the 1978 Constitution, departing from the cosmetic fundamental rights provisions of UF Government pseudo Constitution of 1972. The SCP should in its exercise need to study indepth how much of the Fundamental Rights in a democratic political set up of an international acceptable standard, has been conserved and whether the Institutions, the procedures in force are positive in achieving the objects of the justiciability of these rights since 1978. The exercise should not be one to please the International Community and end up with a publication of the findings and recommendation as a parliamentary sessional paper and thrown into the "dustbin of history". It is prudent for SCP to coordinate its activities with the permanent law commission which consists of erudite practising lawyers well-versed in Fundamental Rights litigation. It is sad to state that HRC has generally failed in meeting the aspiration of the people as they experience an inordinate delay in its recommendations when a matter in dispute is reported by an aggrieved party. Though it is a less experience approach to redress the violations of a right, the backlog of applications show that delaying justice is denial of justice. There are many occasions where the Supreme Court has granted compensation to victims and also redressed the grievances but almost in all instances the perpetrators of the violations go scot free. They remain where they are in there official positions and the State pays the fine in most instances. Those officers responsible for such violations should be taken to task and disciplinary action should be taken; otherwise this carnival will go on with impunity for this officials. It has been also noted that some State executives drunk with power personally persecute, confront employees and challenge them to go for litigation after deliberately subjecting them for injustice like denying due promotions, transfers etc. knowing very well the State will be represented by the Attorney General with no cost to the State executive who precipitates the issue while the poor employee has to spend his own funds to assert his Fundamental Rights. These aspects are areas the SCP should seriously address itself. The private omnibus service has become a menace on the road. Neither the passengers nor the other users of the roads are safe. These bus crews break every rule in the book. They follow only the law of the jungle. In addition, they fail to fulfil other obligations expected of a bus service. They do not operate their buses after dusk and early morning even on working days. During these times the CTB has to come to the rescue of passengers. After the Sinhala/Tamil New Year and other important festivals they do not operate for days. There is hardly a day without a bus strike on some route or the other. Even a trivial incident between a bus crew and a passenger or a police officer is enough for them to go on strike and put thousands of passengers into great difficulties. No one seems to be capable of checking their activities and bring some order in to the service. The relevant ministers and the transport commission do not seem to have succeeded in bringing about any significant change in the situation. Private bus crew have become a law unto themselves. Even the law enforcement authorities appear to be helpless. The Private Bus Operators Association are either unwilling or incapable of controlling their employees. The fact that these associations have still not been able to get their bus crews to issue tickets to passengers proves this point. Negotiating with the Government for higher bus fares and other concessions appears to be the only function these associations perform successfully. In addition to all these the state owned bus service is losing millions monthly as a result of under cutting by the private buses which ultimately is an additional burden on the public. If a diagnosis is to be made, at least 90% of these problems are due to individual ownership of private buses. Therefore we should be able to improve the bus service significantly by (i) bringing the bus owners together to form limited liability companies for each route in place of the present associations. (2) assigning the operation of the service on each route to the CTB or one of the private bus companies. Those companies which do not maintain a satisfactory service as stipulated could be handed over to other companies. This would bring some sanity into the bus transport service and relief
to the CTB and the travelling public. Poor enforcement of traffic discipline It is indeed pathetic to observe the road users commit traffic offences sometimes with the full knowledge of the officers in charge of enforcement. A drive down the Baseline Road, from Borella junction, in the morning will reveal that around the area where Ministry of Women's Affairs and Teaching Hospital is, the bus bays are taken over by trishaws and hawkers resulting in the buses parking on the road, sometimes double parked thereby blocking the motorists passage. In any case even if there are bays available, the buses park on the road. The trishaws commit offences daringly (breaking through traffic lights, overtaking motorcars on the wrong side in order to get first place at traffic lights, blocking the oncoming traffic). The point is why can we not have rigid enforcement and have substantial fines imposed on offenders? I have never seen the police take action against buses or trishaws, it is always motorists. Regular offences are being committed like:- 1) Buses blowing horns, for no reason, in prohibited areas and picking up and dropping passengers right in the centre of the junction. 2) Pedestrians and drivers breaking red signal lights. 3) Push bikes not using lights in the night. 4) Turning to the right from the wrong lane. Why is it that right turn signals are not installed at important
junctions like Bauddhaloka Mawatha/R. A. de Mel Mawatha. The Banking Act of 1988 must be the most malleable piece of legislation in the law books of Sri Lanka. During the past few years it has been bent to the point of breaking by those attempting to achieve just what the Banking Act was designed to prevent. Banking Act was primarily designed to protect the depositors and not the shareholders. With that important objective the framers of the law placed judicious limits on ownership of banks. Therefore, unlike other business establishments where no limits are placed on individual holdings, there are upper limits of 10%, 15% and 20% depending on the type of ownership. The reasons for such prudent limits - not too high to arouse the innate extortionist tendencies of investors and not too low so as to make the investment unattractive - were imposed and made into law after much deliberation by expert panels of Central Bank, IMF/World Bank, UNDP, Commercial and Development Bank officials lasting nearly 5 years during the 1980s. The upper limits for each category were clearly set out but discretion was allowed to the Monetary Board to permit a deviation as an exception and that too only in the 'National Interest'. After nearly 12 years there is criticism that the term 'National Interest' ought to have been more clearly defined thus making the task of the Momentary Board, the arbitrator, less controversial. The role expected of Central Bank, particularly the monetary Board in interpreting the term 'National Interest' is a difficult one considering the pressures (political, trade union, business, media, financial) they come under. This was not totally unforeseen. The main intention was to leave a provision for leading multilateral financial organisations such as the World Bank, IFC, Commonwealth Development Bank, ADB, UN affiliates and major Money Centre Banks to get involved in Sri Lanka's banking sector by bringing in much needed foreign inputs of capital and technological expertise. Therefore this lacuna was intentionally left when enacting this important piece of legislation. As it is now being mistakenly interpreted by present bank regulators and supervisors, it was never intended to provide an avenue for local investors with questionable sources of capital to gain control over banks for their personal benefit. In fact, the arbitrariness of this word 'National Interest' was given much thought by us. But after much deliberation it was left there mainly at the behest of the Central Bankers present in the consultative stages who were confident that their successors would be competent enough to identify the difference between a multilateral financial organisation, a money centre bank and a local business magnate of questionable integrity. A few weeks ago, news papers reported the precarious financial position
of 2 smaller private banks that may have to close down. Even one of the
major private banks where two major parties are in effective control
through number of nominees in violation of the Banking Act is said to be
in major difficulties. The tenuous financial position of the 2 main state
banks, particularly the people's bank, is now common knowledge. Had the
Banking Act limitations been followed all these banks would have been much
healthier today. Following the recent revision of the Electricity Bills, I have noted the introduction of a slab of units and rates would encourage to minimise of waste. However, the method of calculation is a big blow to the middle class and under. Slabs comprise of up to 30 units at Rs. 3 per unit, 31 - 60 at Rs. 4, 61 - 90 at Rs.4.40, 91 to 180 at Rs. 10.60 and 181 units and above at Rs.15.80.The total units at the rate applicable is valued, and in this manner if due to an increase of merely one unit above any slab, and also when the metre reading is taken for more number of days of the months, it will result escalating the bill denoting an exorbitant variation of the amount. In the circumstances, I hope and wish to make an appeal to the Minister
and the Authorities concerned to kindly reconsider and explore the
possibilities to arrange the calculation be done at the units and the
rates applicable under each slabs separately, without calculating the
total units at the rate applicable to the total units as hitherto done.The
present method is considered as very unreasonable extortion of money from
the hardly pressed consumers. The high rise in the price of gold to Rs. 8,000 a pound sterling has put the poor jewellers on the mat. The small businessman has now fallen 'from the frying pan to the fire', since the income from the trade and demand for the goods have dropped sharply. The jewellers feel that the Government has not taken any appropriate action nor favourable steps to reduce the price of gold in the open market, within the reach of everyone who wishes to have jewellery made of gold. Instead, it has allowed the price to escalate exorbitantly. Badly hit are those salaried employees who receive a fixed remuneration monthly, and that also, in most cases, after recovering loans granted or other advance payments made to them. When it comes to marriage, the parties have to spend lavishly to get the required jewellery made, sometimes on the principle of 'beg, borrow or steal'. In the old days, gold biscuits were issued by the Central Bank for jewellers in the manufacturing trade, to purchase gold at a reduced price, as an incentive to expand their business. But, today, they have to buy gold from the blackmarket at exorbitant prices. The re-introduction of the permit system will, obviously, be a boon to the jewellery business. Since the living index today is so high, workers and wage earners
cannot afford to buy jewellery out of what they earn. It is true that gold
is a luxury, but it also becomes indispensable, when and if the need were
to arise. |
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