“It isn’t a sorry state of affairs in governance at all” -Cope Chairman Prof. Charitha Herath

There were recommendations made by COPE when DEW was the chair which the relevant institutions didn’t adhere to

Throughout our political engagement post-1948, we can see that many military personnel were appointed to government positions

The latest, UNHCR intervention on our affairs was mainly based on our success in defeating terrorism

The President has initiated the Supreme Sangha Council concept through which he gets valuable recommendations from Venerable Maha Nayaka Theros

Parliamentarian Prof. Charitha Herath, Chairman of the Parliamentary Oversight Committee COPE, is tasked with the onerous responsibility of turning hundreds of unviable public enterprises into profit making ventures by minimising waste, corruption, mismanagement and maintaining their audit reports and accounts to meet the highest quality standards.

Prof. Herath shared his views with the Daily Mirror on the progress of COPE inquiries and grave political, economic and governance related issues faced by the Gotabaya Rajapaksa government.

EXCERPTS:

Q Former minister DEW Gunasekara did a wonderful job as the COPE Chairman during the presidency of Mahinda Rajapaksa. In his final COPE report in 2013 he published an extremely productive and pragmatic set of proposals on how to plug waste, corruptions and mismanagement at state owned enterprises (SOEs). As far as you are aware of has any step been taken to use these recommendations to make SOEs not a burden to the national economy?
I agree with you on the fact that Hon DEW Gunasekere did a great job as COPE Chairman. I have two observations on DEW’ work during his tenure as COPE Chairman.

First, it’s true that he was very keen on investigating corruptions and mismanagement of SOE’s. I think some of his recommendations were implemented by the then government. I remember how he summoned me (when I was the Secretary of the Ministry of Mass Media & Information) and recommended that a Chairman of one of the institutions under my purview should be held answerable owing to some of the serious malpractices of his conduct.

So, I had to take a decision accordingly and make arrangements so that the chairman had to leave the position first and legal proceedings took place later. Though it was kind of a difficult decision to take within the political domain I did so guided by clear recommendations from DEW, COPE Chairman. Also there were recommendations made by COPE when DEW was the chair which the relevant institutions didn’t adhere to.

In my opinion this is a good time for him to enter parliament and play a leading role in the government. In my opinion Hon. Basil Rajapaksa is one of the visionary leaders and a go-getter in the political domain. I can tell you from my experience of working with him that he will deliver within whatever the portfolio that he will be given

The second key point during his tenue at the COPE relates to report on the Bond issue. As you may aware of, COPE reports should be tabled at the parliament for the report to become an accepted legal document. Once the reports are tabled in parliament, recommendations of that COPE report would be followed by the respective chief accounting officers (CAO), (the secretaries of ministries) accordingly.

The COPE committee which DEW chaired had finalised the report on Bond issues and it was approved by the COPE committee in 2015 for submission to parliament for endorsement. However, the then executive president dissolved parliament on the very day that the COPE report was tabled in parliament. Many argue that the president’s action was intentional and done to cover up the mismanagement and deals made by the culprits of Bond scam. 

Q To make SOEs viable they must be freed fully from political influence and qualified professionals have to be appointed to key positions, according to Mr. Gunasekara. Do you agree?
Yes. However, given the high level of politicization of the state sector such arguments are not always practical in our society. From 1970 onward politically appointed heads have led SOEs. And it is also true that the majority of those appointments have impacted negatively in the state sector. Many institutions were forced to be closed down due to bad governance. This is a huge issue in our political system. ‘a systemic change’ is what’s needed.

Q What is the progress COPE has made in this respect under Gotabaya Rajapaksa’s presidency?
We have completed investigations of many SOE’s and have produced two COPE reports. Both those reports were submitted to parliament. Now we are monitoring the process of recommendations made by those two reports and the subsequent implementation. We have investigated following institutions in our first report. (a) Lanka Coal Company/ Lakwijaya power station in Norochcholai (b) Central Expressway Project under RDA (c) Environmental impact of Lakvijaya Coal power station (d) Water pollution of Kelani River (e) National Lotteries Board (f) ICTA.
I suggest that you get some of the recommendations made on issues arising from these investigations and publish those for wider public reach. 

The Second COPE report of the 9th parliament was completely focused on issues related to the Sri Lanka Institute of information Technology (SLIIT). SLIIT was established in 1998 by then government (CBK’s), through the Mahapola Higher Education scholarship fund. Initially the government offered a 35 acres plot of land in Malabe for this project and 600 million rupees as seed capital. The institution was set up under the guidance of then Commerce and Trade Minister Hon. Kingsley T Wickramarathna and it was meant to be developed as a separate faculty specialized on subjects with a technological focus and to be handed over to the University of Moratuwa. It was also decided to introduce a new parliamentary act in this regard. So until such an act would be enacted and till the authority on SLIIT management was transferred to University of Moratuwa then cabinet of ministers took a decision to incorporate a limited Liability company to oversee the affairs of SLIIT. Hence, the SLIT was established.

The interesting part comes now. As the institution was supposed be transferred under the purview of the University of Moratuwa, then cabinet of ministers decided to appoint then Vice Chancellor, Dean-Faculty of Computer Science and Head of the Department to the board of directors of the said limited liability company. Now the result is that 20 years have passed since then and SLIT has been developed as one of the most recognised academic institute in the technological stream under the government’s purview. However, after 20 odd years no parliamentary act was brought in and 3 people who were appointed to the board in their official capacity completely acquired the institution as one of their property. So, we have inquired into how this happened and found that this move was successfully completed during the previous regime that was in power between 2015-2019.

I invite you to get the 2nd report. The COPE has recommended to parliament that this major misconduct should be rectified and the relevant minister should submit a cabinet paper revoking the previous decisions (cabinet paper submitted and approved in 2017) which caused this property to be vested in the hands of private owners.

The issue such as the mismanagement of funds in the Central Expressway project in 2016 was questioned and some recommendations were made to the RDA. The Central Expressway was commenced as part of the Northern Expressway project. However, in 2016, the then government made alterations to that accepted plan and the first phase was changed from Enderamulla to kadawatha. Now the expressway commences from Kadawatha and leads to Meerigama. There is no justifiable reason for this alteration and as a result millions of state funds were lost. New feasibility studies were conducted which have cost millions of rupees and a new acquisition plan was set up. We found that this was a kind of an arbitrary decision, which has cost millions of rupees to the state.

These two reports have already been tabled, and the 3rd report of this 9th parliament will be submitted soon.

Q The militarization of the public service and the appointment of military officers to top management positions at SOEs has led to not only losing the confidence in the public service, but the further deterioration of SOEs. Does the regime have any remedy to this sorry state of affairs in governance?
First of all, let me clearly state that I do not agree with your question or your position on this matter. The military is one part of the society and as per the underlying idea of your question even a retired military officer holding a state position is not acceptable, which is neither fair nor true. Throughout our political engagement post-1948, we can see that many military personnel were appointed to government positions. For example during the Jayewardene regime, Sepala Attygala and Cyril Ranatunga, who were Commanders of the Army, were given ministerial secretary positions. Military personnel being appointed to administrative positions or diplomatic postings is not a new notion.

It is true that we are a democratic country and it is governed by democratic dialogue and people’s mandate. This democratic set up hasn’t been handed over to any other group (Military or Bureaucrats). Hence, I don’t think any such challenge or damage is posed in a rich democracy. Therefore, it isn’t a sorry state of affairs in governance at all.

For example during the Jayewardene regime, Sepala Attygala and Cyril Ranatunga, who were Commanders of the Army, were given ministerial secretary positions. Military personnel being appointed to administrative positions or diplomatic postings is not a new notion

Q Two main contributory factors to pass the resolution A/HRC/46 at the UNHRC in March 2021 against Sri Lanka and the resolution adopted last month by the EU Parliament to review the granting of the GSP+ concession to Sri Lanka are the militarization of the public service and erosion of judicial independence under this government. Your comments?
The latest, UNHCR intervention on our affairs was mainly based on our success in defeating terrorism. Some powerful countries completely disagreed on us getting rid of terrorism when we were conducting the last phase of war between 2006 to 2009- the ‘Humanitarian Operation’.

The objections were mainly due to many reasons. Some were not willing to defeat terrorism while some others opposed as they were not happy that we defeated separatist terrorism while they miserably failed to defeat theirs. Some were against us due to the fact that we did not take their advice on defeating terrorism. So, they have rallied against us (of course with the blessings of the diaspora community) in the international platform.

As a result, we now have several resolutions against us such as; A/HRC/22/38 A/HRC/RES/25/1 A/HRC/46
However, your effort of portraying this process of resolutions as a reaction to militarism or any other way you prefer is your choice, but in my opinion these resolution attempts against Sri Lanka started from the day we defeated terrorism.

It is a fact that as the government we must recognise that there is a threat. We need to consider the threat and need to strategize our engagement in international affairs. Not only on these UNHRC or European Union issues, there are new threats and new issues emerging in the region. USA’s interventions in the Indo-pacific region, China’s controllability on South China Sea and Indian Ocean, Indian emergence as a global economic power, Japanese partnership in US-pacific relationship are some of the issues that are emerging in the international political arena.

Q The opposition charges that actions and policies of the Foreign Relations Ministry are a total disaster. Sri Lanka has encountered major failures, setbacks and humiliations in global forums as never before during the last few months. How long does the government expect to continue in this manner?
Those clarifications are yours and not mine. I agree there are some issues, but not up to the level that you are exaggerating. Our diplomatic postings include many career diplomats and trained foreign ministry officials. We have sent the best possible envoys to Geneva, Washington, New York, Brussels, England, German and China.
Indian affairs are not that much in order as you said. According to some sources it is said that our High Commissioner hasn’t been placed in Delhi yet. I think the government will take measures to rectify this matter soon.

Q When the people overwhelmingly voted in Gotabaya Rajapaksa and the SLPP to power in 2019 and 2020 respectively, they kept much hopes on the duo. But unfortunately they now curse them and wish for their end sooner than later. How come the presidency and the regime became such distasteful and hateful during such a short time?
I don’t buy your story regarding this. It is true that we were overwhelmingly supported and mandated by the people and their expectations were high. However, the global COVID-19 pandemic completely shuffled priorities and plans. We are hopeful that with the vaccination roll-out planned to be covering over 75% of the population by December this year, our development agenda would be recommenced as planned earlier.

So, in my point of view comments and critics on our government will not be long standing or everlasting as you presume.

Q The Buddhist clergy, who made a big effort to bring President Rajapaksa and the SLPP to power are now furious and have become major critics of them. How and why is this?
We as a government always respect the traditional and religious aspects of this country and the Maha Sangha has been advisors on governance and other social matters since ancient times and we have respect for them. Some of their criticism are well taken and the issues are rectified. The President has initiated the Supreme Sangha Council concept through which he gets valuable recommendations from Venerable Maha Nayaka Theros. Their special advisory committee meets every month, therefore we as a government don’t have any clashes or don’t maintain any enmity kind of feelings against the Maha Sangha, like our opponents such as the UNP does..

Q If we take one example of which the government’s calculations proved unrealistic or shortsighted is the banning of the importation of chemical fertilizer. There is no doubt that chemical fertilizer, pesticide and weedicide have done much harm. But our farmers had been used to depend on these harmful applications in farming. Besides you have experience in what are the consequences if and when you take sudden decisions on key policy matters. The late Sirimavo Bandaranaike suddenly banned the import of essential commodities like dhal, chilies, milk powder, rice etc. creating a huge shortage that led to mounting of rice barriers, dhal barriers and Chili barriers all over the country that ultimately led to a regime change at the 1977 Parliamentary election giving JR’s UNP a five sixth power. Don’t you think the government should have introduced carbonic fertilizer in stages and giving farmers time to adjust?
Many people could see things in different angels, but the government’s idea is that the new policy could be initiated from the next Maha season. Existing fertilizer stocks are being distributed among farmers for the Yala season. This is not a novel proposal that we have implemented. In our policy document which is called the “Vistas of Prosperity” we have categorically mentioned that we will introduce an organic fertilizer scheme. Expectations of farmers are understandable, and my personal view is that the commercial agriculture system which we have adopted after 1977, heavily depends on hybrid seeds and chemical fertilizer. I agree that it is not easy to leave a system which they were used to for decades.

Q The biggest ever environment disaster on Sri Lanka took place with the inferno of the feeder ship X- Press Pearl. Alas, the Government of Sri Lanka consulted experts who are conversant with this kind of marine accidents at the last stage and after the ship was fully burnt down and submerged. Why?
I think it is a matter still under investigation, but still I could share with you couple of thoughts. It is an unwanted and unfortunate incident and it is deemed as the worst marine ecological disaster that happened in our history. Nevertheless, I don’t think that there’s any conspiracy theory behind this, but it seems it was an accident and we just got caught in this incident. I think the government took maximum efforts in mitigating the damages in terms of environment, fisheries industry and businesses based in the port.

As per the sources now the company who owns the express feeder has started compensating for some of the damages.

Q What has happened to the much touted ‘Viyath Maga’ that took much pain to bring Gotabaya Rajapaksa to power with the promise to bring a new era of happiness, prosperity and good governance to Sri Lanka?
That is a question which you should have asked from the members of “Viyath Maga”. It’s obvious that my profile could be included under the category of “Viyath”, but I am not a part and parcel of the organization.
I can of course speak on myself but I cannot speak on behalf of “Viyath Maga” since it has its own orgarnizational structure.

The global COVID-19 pandemic completely shuffled priorities and plans. We are hopeful that with the vaccination roll-out planned to be covering over 75% of the population by December this year, our development agenda would be recommenced as planned earlier

Q It is in news that Basil Rajapaksa is going to take oaths as a member of parliament and Minister with a top cabinet portfolio. There are different and various kinds of criticism on this proposed move not only from the opposition, but also from the government coalition parties as well. As a close political associate of Basil how would you respond?
In my opinion this is a good time for him to enter parliament and play a leading role in the government. In my opinion Hon. Basil Rajapaksa is one of the visionary leaders and a go-getter in the political domain. I can tell you from my experience of working with him that he will deliver within whatever the portfolio that he will be given. Economic development of the country and financial policy making are two important sectors that he delivered in during the 2010 Government. Therefore I think presenting him with a similar task would be beneficial to the country.