A strategic position paper for

consideration by top teams of NMSJ,

Purawesi Balaya and FUTA

Wednesday, 1 February 2017

Executive Summary
This is an open letter submission to the leaders of National
Movement for Social Justice (NMSJ) initiated by late Most
Reverend Maduluwawe Sobitha, Purawesi Balaya and Federation
of University Teachers Association (FUTA), who were the shining
stars that organised a collective, that became a peoples
movement and gave rise to the power booster force behind the
Yahapalanaya commitment-based political movement, which
managed to achieve a regime change in 2015, previously thought
impossible by most citizens.
This submission draws out the key accountability that now vests
on the shoulders of the present leaderships of NMSJ, Purawesi
Balaya and FUTA to ensure the presently appearing derailed
Yahapalanaya regime to get back on track and deliver on its social
contract.

Social contract with the Yahapalanaya Government

Is it not timely that the top teams of NMSJ, Purawesi Balaya and
FUTA ask and seek an answer to the following strategic questions?
1.Did the political collective with whom NMSJ, Purawesi Balaya
and FUTA signed a contract in late 2014 embrace the latter with a
binding commitment to the Yahapalanaya principles which formed
the bedrock of the contract signed? Or did the political collective
embrace only the organisations as a collective (i.e. not the
Yahapalanaya principles) to achieve their narrow short-term
political objectives?
2.Did NMSJ, Purawesi Balaya and FUTA accept for well over an
year, the intransigencies and significant violations of
Yahapalanaya principles by the new regime and give the benefit
of time and doubt to the new regime; allowing these as mistakes
which crystallised during a learning curve; and in the early days
did not pose a strong challenge to the regime as the pending
August elections linked political stability could have been
adversely affected?
3.Did the NMSJ, Purawesi Balaya and FUTA adopt the governance
environment under the previous regime as the bench mark for
comparison of the new regime, as against the promised
Yahapalanaya principles-led benchmarks?
4.Did the easy accessibility to the leadership of the new regime,
their patient and sympathetic listening, and approach of
agreement and promise of action persuade the NMSJ, Purawesi
Balaya and FUTA to be satisfied, even when challenging situations
arose during the period of governance by the new regime?

5.Were the risks of a re-emergence of the earlier regime persuade

NMSJ, Purawesi Balaya and FUTA to lower expectations of
principled governance by the new regime?
6.Do NMSJ, Purawesi Balaya and FUTA realise that their political
support contract with the new regime in fact created a social
contract with all citizens of Sri Lanka represented by the collective
of civil society that supported the new regime?
7.Is it not timely that NMSJ, Purawesi Balaya and FUTA compile a
scorecard on the two years of governance by the new regime,
taking account of the social contract commitments as well, with
the assessments looking not only at a snapshot of situation
today/to date, but also projecting in a continuum the likely future
up to 2020, in the event the new regime does not adopt strategic
change management and leadership change actions?
Is business as usual by the new regime acceptable?
In the light of the following strategic commitments made by the
new regime, business as usual based a continuation of bad
governance practices of the past regimes is untenable and will be
a total disregard of its social contract commitments;
1.The ground-breaking and unique focus of the 2015 elections,
where the key campaign slogan was Yahapalanaya, as against
promise of hand-outs to voters
2.The social contract with all citizens created based on
manifestoes of both 2015 elections and political platform and
other commitments articulated by the leaders of the new regime

3.The contract with NMSJ, Purawesi Balaya and FUTA and others in
the Collective
4.Sustainable Development Agenda 2030, adopted by world
leaders in September 2015 to be implemented at national level
starting from 1 January 2016, incorporating three dimensions of
development: economic development, social inclusion, towards
ending poverty, protect the planet, and ensure prosperity for all.
5.Global Environmental Protection and Climate Change
Commitments (COP21) committed to in December 2015, adopting
the first-ever universal, legally-binding global climate deal
6.Commitments arising from the International Anti-Corruption
Summit in London, where Sri Lanka endorsed the agreed action
agenda
7.Commitments arising from the 19th Amendment to the
Constitution, including the establishment of Independent
Commissions
8.Constitutional Council=led initiatives and other effective
processes assuring high posts are filled by candidates with
independence, capability, integrity, track records of high
achievement , commitments to ethical conduct and upholding
societal norms
9.Sri Lankas commitments to the UN Human Rights Council
10.Sri Lankas commitments in securing the IMF Standby Facility

11.Sri Lankas commitments under Open Government Partnership

12.Expectations and commitments requiring professionals to
report noncompliance with laws and regulations
13.Introduction of a Code of Conduct for legislators
14.PAFFREL March 12 Declaration signed by all political parties
NMSJ, Purawesi Balaya and FUTA must constantly remind the new
regime and advocate that business as usual cannot be an option
open to leaders in governance.
Consequential impact of the
social contract and democratic space created
It is accepted with due recognition and with great relief, that
effective January 2015 significant advancements have been made
in creating a democratic space with opportunities for NMSJ,
Purawesi Balaya and FUTA as well as citizens at large, to enjoy
greater security and safety, freedom of operation and expression,
within an acceptable framework of upholding at most times the
rule of law and justice.
What the new regime has failed to realise is that with this
democratic space and freedoms in place, that those in
governance can no longer be untruthful , issue wrong official
statements to mislead the public or try to get away making
misrepresentations; nor carryout executive actions cloak and
dagger style; and act without transparency (communicate one
aspect and target real issues non transparently targeted e.g.
present Hambantota deal presented as a debt equity swap but

packaged as a sell-out outright near freehold); nor engage in

nepotism, cronyism and execute corrupt transactions.

The contradictions and confusions in governance created by the

lack of an aligned framework hymn sheet of principles, and lack of
agreed core values, policies and practices must be immediately
corrected and NMSJ, Purawesi Balaya and FUTA must take
leadership action to ensure this fundamental framework is in
place, at the earliest.
In an amalgamation of two or more large businesses entities,
each with different key shareholders, directors, and executive
management, though operating in the same lines of business but
with different management cultures, styles, principles and values,
as a first step agrees their long term vision and mission, core
values, principles and practices to be honoured; and those actions
never to be even considered; and then agree and put in place an
effective single style leadership, management information,
controls and compliance processes, risk management processes
and most importantly an effective communications process. It is
also usual, in addition for the new chairman and board to have in

place an advisory board, who will for an agreed period play an

oversight, advisory, mediation/arbitration role.
NMSJ, Purawesi Balaya and FUTA must persuade the new regime,
even at this late stage to put in place a structure and organisation
benchmarked to above framework.
Agree a growth
model going forward
NMSJ, Purawesi Balaya and FUTA must hold to account the present
and future leaders, to recognise where citizens are now, where
they are likely to be by 2020 and what expectations citizens have
of what they desire by 2030, measured on the following
benchmarks;
Equality and inclusiveness of opportunity to develop
and enjoy the benefits of national resources, growth
and prosperity
Socio-political and economic rights of citizens
Peace, harmony and ethno religious coexistence/transformation
Political democracy
Economic democracy
Good governance, rule of law, justice, right to
information, anti-corruption
Having in place visionary leadership committed to
creating and governing the nation
towards sustainable development, with
competiveness and optimisation of quality and
productivity, driven with focus on creativity and
innovativeness

 recognising shared values developed on an

accountable social contract with the citizens
It is regrettable, that since independence, none of the
governments in power have with single minded focus
commitment pursued a growth model structured on the above
principles. It is more regrettable that professionals, academia and
civil society leaders nor international development partners have
been successful in persuading and pushing the governments in
power to follow such a growth model.
At this stage without analysing the different growth models
adopted by successive governments since independence, it is
best that we agree an acceptable growth model to be pursued
going forward, fashioned incorporating the undernoted principles;
seeking inclusive growth, encompassing equity,
equality, opportunity, and protection in market and
employment transition
adaptable and flexible in order to execute affirmative
action where essential
focusing both on the pace and pattern of growth
takes a longer-term perspective
consistent with expected international economic
order and international relations
ensures all people contribute to and benefit from
economic growth
leads to rapid and sustained poverty reduction
be broadbased across sectors i.e. not highly
dependent one or two sectors
focusses on productive employment as against
income redistribution, and

 environmentally sustainable
Encourage building next generation leaderships for
Yahapalanaya
NMSJ, Purawesi Balaya and FUTA must ensure that there is an
effective succession plan and also encourage younger persons
with integrity, capability (knowledge/skills/attitudes and values),
independence and a track record of high achievement, who are
committed to public service and endowed with effective
communications and leadership skills are selected and nurtured
as second and third tier political leaders.
High post candidates and Ministerial Code of Conduct
The NMSJ, Purawesi Balaya and FUTA must persuade the President
to take early steps to have in place an effective, transparent and
independent process for making high post appoint; following a
well-designed nominations process that will ensure that political
and other influence peddling nominations built around political
expediency, cronyism and nepotism are avoided. The NMSJ,
Purawesi Balaya and FUTA must appoint an independent panel
that will make regular public submissions regards nominations
under consideration.
The NMSJ, Purawesi Balaya and FUTA must also persuade the
President to take early steps to have an approved a Ministerial
Code of Conduct effectively in place, administered jointly by the
Secretary to the President and Secretary to the Cabinet reporting
to the President.
Ovesight over independent public institutions and
regulators
The NMSJ, Purawesi Balaya and FUTA must from the perspective
of the citizens, monitor performance effectiveness, independence,
integrity and validity of decision making by independent
commissions and regulators. They must be vocal and effectively

advocate and apply pressure where the performance or

independence of these institutions fail to meet set standards.
Strategic new resource allocations and divestitures
The NMSJ, Purawesi Balaya and FUTA must persuade the President
to get Cabinet agreement that all new strategic significant value
national resource allocations, approval of strategic development
initiatives, the grant of extraordinary licenses, concessions,
resource allocations or tax benefits, divestiture of significant State
property/State land, abandonment of national entitlements,
execution of international trade and investment agreements,
engagement of key long term international
partnership/consultancy agreements, etc. are handled with
transparency, following international best practices and standards
(including best practices in tender processes, evaluation and
selection processes, financial/project and benefit analysis, risk
assessments, environmental analysis, etc.) and allows specified
time windows for public objections and submissions. All such
projects and spends must compulsorily be subject to post audit
reports by the Auditor General and reviewed by an appropriate
Parliamentary Oversight Committee.
Corruption investigations
The NSJM, Purawesi Balaya and FUTA must persuade the President
to publicly announce and get a Cabinet approved Code of Conduct
with the Code of Conduct applying to legislators also including a
restrictive covenant with penal sanctions, preventing those
covered in any way interfering, publicly criticising, influencing or
inquiring from law enforcement and judicial officers the progress,
outcomes or any details on any ongoing investigations or judicial
action.

The President must also be encouraged to appoint a Presidential

Commission (similar to that appointed to inquire in to the
purported bond scam) to inquire into any acts of corruption over
the 10 years to the date of appointment of the Commission,
arising from approval of strategic development projects, grant of
extraordinary Customs Duty/Income Tax and VAT concessions,
extraordinary protection from competition, grant of extraordinary
licenses and concessions, divestiture of significant State
property/State land, and abandonment of national entitlements,
abandonment of revenue/investment options of State-Owned
Enterprises as it is evident that billions of State revenue has been
lost as a consequence of such special grants. In addition the
President must be persuaded to ensure that earliest action is
taken to have in place essential law reforms covering
formalisation of the present FCID to be established as a Serious
Frauds Office, including special units for Anti Money Laundering
and Asset Recovery offices; and in addition take steps to have
early enactment of a Proceeds of Crime Act 9benchmarked to
Australian and Canadian Laws). The Serious Frauds office must
also establish a Serious Crimes Co-ordination Panel, comprising of
all heads of law enforcement agencies, investigation and
prosecution agencies and this panel must be able to access
sufficient resources for training and development, expert
assistance, acquisition of physical and human resource and
development of databases and international assistance links. This
coordination panel should in addition follow up the progress of
investigations and place before Parliamentary Oversight
Committee quarterly reports of progress.
Essential reversal of systemic culture of corruption
The most disturbing featutre in society seen over the last decade
is how a systemic cultutre of corruption has engulfed our society.
This systemic virus has spread from the top to the lowest levels in
heirachy of governance and administration. More regretably,
those engaging in such acts of corruption nor those who facilitate

and are associated with such actions appear to be ashamed or

scared of the potential consequences.
Another segment of society continues to look the other side,
either due to ignorance, apathy or fear. Most officals and
professionals ignore the accountability to whistle blow nor do they
take steps to make formal complaints by way of declarations of
non compliance with laws and regulations (unfortunately including
those in professional and executive ranks in public servce, private
sector and independent professions).
NMSJ, Purawesi Balaya and FUTA led collective must engage in
leadership change management action to reverse this
unfortunate development, if this nation is to enjoy equitable and
inclusive development bringing prosperity to the nation and its
people. The President must be persuaded to ensure that Whistle
Blower Protection Laws are further strengthened and
administered by an independent public institution backed by
resources and capability.
Oversight over enforcement of Codes of Conduct
Recognising that Yahapalanaya will not be a reality unless those
governed also commit to principles of good governance, NMSJ,
Purawesi Balaya and FUTA must collectively appeal, advocate and
demand that professional associations, business chambers, media
collectives and other civil society organisations adopt effective,
transparent and rigidly upheld codes of conduct and ethics. These
groups must be persuaded to adopt a core value of placing the
interests of the nation and all its people first; and also be
encouraged to publicly communicate, both the commitment to
such codes and their due enforcement.
All persons in public service whether in executive, political,
legislative or civil society activities, need to be bound by the

Seven Principles of Public Life

https://www.gov.uk/government/publications/the-7-principles-ofpublic-life/the-7-principles-of-public-life--2.
Narcotics and dangerous
drugs/chemicals
Reconising the emerging signals of social degredation influcening
the break down in societal values and norms, with socioeconomic negative outcomes and leading to a collapse of family
health and lives of young and old, consequent to the spread of
the use of narcotics, habit forming susbtances, drugs and
dangerous chemicals, NMSJ, Purawesi Balaya and FUTA must
catalyse collective societal action to reverse the harmful practices
now getting embedded in society. Awareness, enforcement and
penal judicial enforcements must go hand in hand with preventive
actions minimising imports and placing effective barriers against
organised distribution.
Fearlessly practice
naming and shaming
NMSJ, Purawesi Balaya and FUTA facilitated by the independent
media institutions must fearlessly practice naming and shaming
of leaders in politics, legislature, executive, business, professions,
media, and civil society without exception when they disregard
Yahapalanaya principles and accepted societal values and norms.
Rule of Law and justice
All deviations, law-bending, unfair practices, crony preferences
and unacceptable twists in the upholding of the rule of law must
be highlighted by NMSJ, Purawesi Balaya and FUTA and escalated
for accountability action. A special focus of the collective should
be to be a watchdog and an action hound wherever and whenever
seeds of hate mongering, hate speech, incitement or organised
plans of such wrongdoings, which may lead to ethno-religious

linked law and order breakdown, conflict, civil commotion are

likely.
Constitutional reforms and transitional justice
NMSJ, Purawesi Balaya and FUTA must continue to advocate,
publicly debate and pressurise all legislators and the Executive to
discharge their accountability to bring out a new constitution and
transitional justice mechanisms that will ensure transfer of power
to the periphery, resolve the longstanding grievances of the
minorities and conflict affected persons as well as marginalised
persons across the island, improve the delivery of public services
and ensure public finances are managed with economy, efficiently
and effectiveness, transparency and without corruption and
waste.
Time to garner civil society and build a movement for
Yahapalanaya
The NMSJ, Purawesi Balaya and FUTA will need to retrace the path
and build again a strong civil society collective led (facilitated by
a network alliance with the traditional media and social media
and establishing effective communication platform), peoples
movement to enforce the social contract.
(The writer is a good governance activist.)
Posted by Thavam