SRI LANKA: The executive presidency – the collapse of the centre and minority rights

Hong Kong, January 9, 2009

A series of five YouTube presentations in the Sinhala language is now available on the issue of the executive presidency – the collapse of . Mr. Basil Fernando the director of the AHRC talks about the frequent discussions on political solutions to minority issues which, he says, are often without any content or substance. 

To solve any problem, including the minority problem there has to be a functioning centre of the government in a country. If the centre does not function or is so fundamentally flawed it cannot solve any problem and will survive only by the use of repression. The executive presidency introduced by the 1978 Constitution has virtually destroyed a functioning centre of governance and in its place created a one-man show which by the very nature of modern governance, cannot function with any efficiency. 

This talk devotes a considerable time for analysing the impact of the executive presidential system as found in Sri Lanka which is not based on either US or French systems but in the model of authoritarian rulers as having seriously undermined the parliament as well as the judiciary. The executive itself is nothing more than a small clique functioning around the president. There is no rational organisation and all the legal bonds which formerly kept the organisational structure of the governance together have been ignored for this clique to do as they wish. Within the last 30 years the people have lost the experience of seeing serious debates in parliament. The sole purpose of parliament now is to prevent any challenge to the president. As for the judiciary this has been undermined in many ways and the most important means is the attempt to put the president’s men into various positions undermining seniority and meritocracy. 

This overall situation has its impact on the public institutions such as the police, public service, the electoral system, the media and the like. This impact on public institutions is explained in detail by using the example of what has happened to the policing system in Sri Lanka. The internal command responsibility has been abandoned by interference of politicians who virtually run the system. Since this institution cannot be run in that way the criminal investigation system has virtually collapsed. Now every complaint of crime is utilised for personal benefits for officers rather than resolving crimes and maintaining law and order. What is happening in the police is also what is happening in other public authorities. Naturally people have lost faith in these institutions. 

When a centre doesn’t exist, or is so fundamentally flawed, how can it generate any possibility for solving problems? The first political problem to be solved in Sri Lanka is the establishment of a centre that functions within the law that has organic links with all the public institutions of the country and which is able to ensure a rational form of governance. Within the framework of such a centre it is possible to resolve the questions of decentralization in a rational manner. Until then nobody will be convinced of any solution which is beneficial to the majority as well as the minority. 

When the centre does not have that authority as is the case now, it can rule only by repression and it will do everything to suppress freedom of expression. Of this, the people now have 30 years of experience. Thus, the first political problem that needs a political solution is the question of the collapsed centre.

You may view the YouTube presentations at:

Part 1: http://www.youtube.com/watch?v=1AlP4KrpAe4 
Part 2: http://www.youtube.com/watch?v=ov8bUrW82Hk 
Part 3: http://www.youtube.com/watch?v=gSGJGTql0sg 
Part 4: http://www.youtube.com/watch?v=kDuLQCcwqZ4 
Part 5: http://www.youtube.com/watch?v=oSTVzIhIhAA

Document Type : Press Release
Document ID : AHRC-PRL-004-2009
Countries : Sri Lanka,