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Towards a people's charter on good governance

by Prof. S. T. Hettige, University of Colombo

It one asks an average politician to give his or her opinion on what politics is for, he or she is very likely to say that it is for the betterment of the living conditions of the average citizen.

Yet, when we observe the way the politicians in general conduct their politics, it becomes quite clear that their real life politics is of a very different nature and does not often lead to pubic welfare. It is in fact a processes that is conflictual, competitive, undemocratic and even violent at times.

It is often focused on power and privilege of politicians and their close associates, not policies and programmes aimed at making life more tolerable and comfortable for the ordinary masses.

Why do politics often degenerate to a process of violent, undemocratic conflict over power and privilege for those who are engaged in the competition?

The answer is simple; those who are engaged in politics often subvert the political process, to suit their own personal agendas, rather than to facilitate the formulation and implementation of sound policies and programmes that would benefit the wider society. This is so in spite of the fact that a majority of voters do not want their leaders to behave in this manner.

The latter fact is clearly evident from the patterns of voting at the past several national elections. In other words, the voters in general wish to see politicians conforming to certain standards. Yet, there is no sign that the political leaders are getting this message from their voters.

How can we get this message across to the politicians in an effective manner? In this essay, I intend to propose a solution for the consideration of the members of the public who are keen to promote good governance in the country.

Divided

It is true that our society today is deeply divided on diverse lines. Many people follow these fault lines when they express their political preferences. These differences and divisions are unlikely to become insignificant in the near future.

On the other hand, the political process should not deepen the existing divisions further. In fact, every effort should be made through the political process to provide a framework for co-existence and solidarity among diverse groups and strata in society.

I would call such a framework's minium programme for good governance's in the country. In other words, we should look for areas where a broader consensus can be built. What are these areas? I give below some of the most important ones.

a) Democratic values

b) Discipline, law and order

c) Public policy

d) Social justice and equality of opportunity

e) Institutions of good governance

f) Restraint in the use of power

The vast majority of people in this country subscribe to democratic values.

This does not mean that democratic values are adhered to by all sections of the political elite and others who are in positions of authority and social influence. The result is the subversion of democratic values and principles, leading to violence, conflict, intolerance, intimidation, authoritarianism, and oppression.

Opinions

It is natural that individuals and groups in society hold diverse views and opinions. The tolerance and appreciation of such diversity is essential for social peace and democratic politics. Different views and opinions, in turn give rise to discussion and debate, again essential features of a democratic society.

It is through discussion and debate that competing groups and individuals arrive at decisions either on the basis of majority-minority division or consensus. Use of violent and intimidating tactics to overpower those who hold different views or represent divergent interests is not consistent with democratic values.

a) Commitment to democratic values and norms

The lack of respect for democratic values and norms is a major factor that contributes to violence, social and political instability and the loss of faith in democratic institutions and process. Hence the need for an unreserved commitment and adherence to democratic values and norms on the part of everybody, in particular those who are in positions of power and authority.

b) Discipline and the respect for the law of the land

Indiscipline and the lack of respect for the law are disturbing features of Sri Lankan society today. When such tendencies are evident at higher levels of power and authority, they tend to pervade the whole social fabric, leading to widespread lawlessness, a deep sense of insecurity and loss of faith in law enforcement authorities. This is an encouragement to criminals of all sorts.

Sections of the disillusioned citizenry may take the law into their own hands as away of either self defence or taking revenge from the wrong doers. Hence, the need for a high degree of discipline and a clear demonstration of the respect for the law of the land on the part of those who are in positions of power and authority.

c) Addressing problems within a broad policy framework

Successive regimes have failed to formulate and implement sound policies in diverse fields. The result is that many problems in the country have remained unresolved with many adverse consequences. Political leaders have tended to adopt ad hoc measures; often to suit their narrow, short-term political objective.

The prevailing situation with respect to poverty, employment, agriculture, industry, health, education, transport, etc. attests to this fact.

While civil society groups and many intellectuals have continually emphasized the need for formulating rational and long term policies in the above and other areas, political leaders continue to adopt ad hoc measures without paying any attention to such appeals.

Even publicly funded institutions established for the purpose of policy formulation and policy advice are ignore by the powers that be. Meanwhile the people in the country continue to suffer due to the lack of sound polices in many critical areas.

This situation is unlikely to change unless the people in this country find an effective way to compel political parties and their leaders to address the problems within a rational policy framework.

This is the only way to ensure proper utilisation of public resources and to prevent misuse of public funds to make political appointments and create a large top heavy government with no tangible benefit to the people who are required to pay the bill.

d) Social justice and equality of opportunity

It is a widely held conviction in modern societies that the governments should ensure equal opportunities to citizens. People expect the governments they elect to be fair and make necessary interventions to make development equitable.

This is done using various methods of intervention ranging from progressive taxation through sound public policies to affirmative action. Effective legal remedies are often used to prevent certain vested interests to take undue advantages, be they business people or political activists. It is these and other state interventions that foster a sense of social justice and fair play in society.

e) Institutions of good governance

Good governance does not depend on the intrinsic equalities of political leaders alone. It also depends on a range of institutions.

These include an independent judiciary, effective law enforcement agencies, relatively unbiased and critical media, agencies that deal with corruption and abuse of power, conduct of elections, etc. If these institutions are not independent and cannot function effectively due to political interference or any other reason, good governance is unlikely to become a reality.

In other words, if the people wish to see good governance in the country, they have to demand that political leaders take steps to establish such independent institutions with necessary legal safeguards.

f) Prevention of abuse of power

Abuse of power by politicians for their own benefit and for the benefit of those who are close to them is a common occurrence in situations where there are no effective restraining influences. Many politicians continue to abuse power in spite of widespread public resentment and criticism. This shows the need for effective institutional safeguards to prevent abuse of power.

Even though there was some understanding among Freedom Alliance partners before the general elections with regard to certain issues of good governance, Alliance leaders have already ignored that understanding and taken many measures that are clearly against the principles of good governance.

Given such tendencies among our politicians, people have no choice other than insisting that the political parties and leaders agree to devise institutional safeguards to prevent abuse of power in the future.

What I have outlined so far in the present article are some of the critical areas that should be covered by a people's charter on good governance. I call it a people's charter because it should be formulated by the people with a view to presenting it to the political parties and leaders for their consideration.

Political parties and leaders, in turn, can either accept it or reject it, so that the people in the country can separate those politicians who are committed to good governance and those who are not.

What I have outlined so far in the present article are some of the most important aspects of good governance that are acceptable to a large part of the population, irrespective of their class, gender, ethnic, religious and even ideological differences.

It is, in fact a minium programme that can forge some form of unity within diversity and promote solidarity and co-existence across various divisions in society. On the other hand, political leaders in this country are aware of these and other aspects of good governance.

They talk about them a lot when they are in the opposition. Yet, in many instances when they are in power, their own promises with regard to good governance are not honoured. This is the experience of the people in the country.

This pattern is unlikely to change in the near future unless the people who vote for these politicians play a proactive role to change the way the politicians manage public affairs in this country.

It is in order to enable the people to play this role that the non-partisan citizens of this country should come together to draft a people's charter on good governance and mobilize public opinion around it.

Once drafted and ratified by a significant proportion of the people on a non-political basis, the charter can be presented to the political parties and their leaders for their consideration.

It is hoped that such an action may help bring about a change in the behaviour of people who are in positions of power and authority.

If such a behaviourial change can be effected, it can help arrest the present negative political trends exemplified by lack of respect for democratic values, indiscipline and violations of the law, refusal to formulate rational policies to address the country's problems, political favouritism, abuse of power and the subversion of public institutions to achieve narrow personal and political ends.

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