Coordination of LLRC Actions
As
I have noted before, the thoughtful new Secretary to the Ministry of
Resettlement remarked, at a seminar at the Officer Career Development
Centre in Buttala, that Nation Building needed much more attention, to
complement the State Building that is proceeding relatively well. His
Ministry, along with the Bureau of the Commissioner General for
Rehabilitation and the Presidential Task Force for the North and the
Ministry of Economic Development, have amply allayed the fears expressed
in 2009, that were claimed to be the reason for the Resolution brought
against us in Geneva.
Minister Mahinda Samarasinghe |
The displaced who were at Manik Farm have been resettled, and the
former combatants have been released after rehabilitation. This has been
done under much better conditions and more swiftly than elsewhere in the
world. Economic activity is at a higher level in the Wanni than ever
before, helped along by remarkable infrastructural development. That
extends to schools and hospitals and other basic requirements, which are
available now at a higher standard than ever before in the area.
But there are still problems, and the mutual satisfaction and trust
that Reconciliation requires are still inadequate. To remedy this there
is need of concerted action, and the Secretary, who has obviously
studied and understood the problem, noted that fulfilment of both the
LLRC and the Human Rights Action Plans would go a long way towards
Building a Nation.
Spectacular success
Why are we slow on this? The answer has much to do with the fact that
we have little understanding of the need for structures to ensure
coherent activity. The practice that has arisen, because of what is
termed political necessity, of multiplying entities has led to a general
belief that the structures that exist are mere formalities, and the real
business of government is conducted by the efficient working on their
own. Unfortunately, because there are not so many efficient people
around, they get overwhelmed, and are unable to fulfil everything they
take on. The problem is compounded by the fact that, at lower levels in
the public service, there is less willingness to take decisions. Even
though there are many able people, the system does not encourage them to
work on their own initiative to achieve results. The exception that
proves the rule is the military, with its entrenched systems of planning
and accountability, which is why the UDA is now such a spectacular
success. But replicating this elsewhere is difficult.
This I think underlies the slow progress of both Action Plans the
Secretary mentioned. The lack of a Human Rights Ministry had prevented
that Action Plan being finalized swiftly, even though we had done a
complete draft by the end of 2009. It was only because the then Attorney
General took on the responsibility of steering it through, despite much
other work, that the Plan was finally adopted by Cabinet in the latter
part of 2011.
With regard to the LLRC, the President has asked for an Action Plan
in December 2011, but nothing was done until, after Geneva 2012, he
entrusted the task to his Secretary. Despite a heavy workload, the
Secretary co-opted capable people from outside and the plan was
prepared. After it was adopted by Cabinet though, the Task Force that
was supposed to implement it never met.
As in the case of the Inter-Ministerial Committee to implement the
Interim LLRC Recommendations, this did not mean that nothing was done.
With regard to the final Action Plan, an extremely able Additional
Secretary in the Presidential Secretariat worked with the Line
Ministries, and the record of their achievement is open to all to see on
www.priu.gov.lk. But without a proper structure, it took time for the
information to be made easily available to the public, and there has
been no process of taking regular stock of achievements and ensuring
remedial action when things were slow. Thus we found, when the
Inter-Ministerial Committee on the Human Rights Action Plan met, and
discussed areas where there was overlap, that the basically very small
administrative decisions necessary to deal quickly with the issue of
Lands had been delayed.
One of the LLRC sittings. File photo |
Divisional meetings
We were promised that the required directions would be issued in a
week, but that did not happen. This is unfortunate because, as I have
seen in many Divisional meetings in the North, land continues a worrying
issue. It is not a contentious issue, because most parties seem to
recognize the basic principles involved – government has a right to
acquire lands it deems necessary, but it must acquire only what is
necessary and due compensation must be provided – but applying these
principles to individual cases needs to be done swiftly to minimize
worries. In this regard I should add that the military have in general
made their requests for what is needed and also for generous
compensation, but the wheels of administration continue to grind slowly.
Fortunately, the Task Force to implement the LLRC Action Plan has
recently been convened, and Minister Mahinda Samarasinghe, who chairs
the Inter-Ministerial Committee on the Human Rights Action Plan, told me
that he will have an effective counterpart. There is no formal structure
and terms of responsibility, which may be a mistake, but I can also
understand why the Secretary to the President continues in overall
charge, given the importance of the issues to be resolved. I hope too
that the Task Force will now interact more with stakeholders, and in
particular those who still feel aggrieved. Initially the President had
wanted Civil Society involvement in formulating the Action Plan. This
had not happened, perhaps because of the need for swift decisions, but I
had been told then that Civil Society would be represented on the Task
Force for implementation. Given that the Task Force did not meet, such
co-option did not take place, but perhaps that deficiency too will be
overcome now that a coherent process has been put in place. |