கவனிக்க: இந்த மின்னூலைத் தனிப்பட்ட வாசிப்பு, உசாத்துணைத் தேவைகளுக்கு மட்டுமே பயன்படுத்தலாம். வேறு பயன்பாடுகளுக்கு ஆசிரியரின்/பதிப்புரிமையாளரின் அனுமதி பெறப்பட வேண்டும்.
இது கூகிள் எழுத்துணரியால் தானியக்கமாக உருவாக்கப்பட்ட கோப்பு. இந்த மின்னூல் மெய்ப்புப் பார்க்கப்படவில்லை.
இந்தப் படைப்பின் நூலகப் பக்கத்தினை பார்வையிட பின்வரும் இணைப்புக்குச் செல்லவும்: OPA 2006.05

Page 1
Officia|IPU sCo Fession
 

Bi-a

Page 2
(CD)
COMMERCIAL BANK
Cur rifer'Est :: Im Yau
| || TP H I LANKU
 
 
 
 
 

siA
:)
| | | |- ! |
7 years running
For the 7th critiki-live year live hill liten Henri ITilly the Xrty II.k. liisillal Finc: Tiigizis liit BiH, Bilik, in Sri Lank, Ан пIш:h us wa dТЕ praui Lil this ül-hir, i-T'Tıt, 1'e: ; Ladily Irkılcı'lılığı your shiiri III this glory. Thiik ill for Ilie" li li, li l 'LI LI pilaw li: il i I 1 I I- ii I'liil ii iiLii I iiiiIImIiIiiiil III jirrat li jixxi I r I jieħ with is siden by siller

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ਲੋਲ ਲਲ
 


Page 4
OPAVOURNAL
The official Publication of the Organisation of Prof Associations of Sri Lanka
VOL21 - May 2006
275/75, Prof. Stanley Wijesundera Mw Off Bauddhaloka Mw, Colombo 07
Telephone - 2580268,2501721 Fax - 2559770
E-mail - opaorg(a)dynanet.lk - opa(a)lanka.ccom.lk Web Site - www.opalk
 

issional

Page 5
10.
CON
Editorial
Increase in Demand for Electricity Available Supply options for Sri Lanka
Professionals Participate more actively
Professional Ethics and Social Responsil
The 17"Amendment To The Constitution
The Need for Further Strengthening
Historical Perspectives of Governance
Role and Responsibility of the Judiciary
The Professional's Contribution to Societ and Sustainable Development.
Upper Kotmale Hydro power Project
Sri Lanka : A Nation in Perill
Any views, or opinions in the articles views of the OPA or any Member Ass the views of the Authors of the article i.

TENTS
Page No
- Prof Priyantha D.C.Wijayatunga 7
n politics - R.M.B.Senanayake 25
bility - Justice Mark Fernando 30
- Eng. Tudor Munasinghe 36
- Prof. J.B.Dissanayake 42
- Justice C.V.Wigneswaran 46
y, - Prof. Mohan Munasinghe 54
- Eng. Shavi Fernando 61
- Prof. A.V.de.S. Indraratna 65
of this Journal do not necessarily reflect the ociation of the OPA, but should be taken as т question.

Page 6
Design & Print: Media Tec Advertising & Printing Services, Nugegoda.
Telephone -2820374


Page 7
LOOK TO THE FUTU
EDITOR
FROM THE /
With nearly h pertinent to look year out. It is tru Society and als independent ass of the OPA, Mr. English daily. “ continue to rem The Organizatio such organizatic striven to contril country while r( Amendment to establishment o brain child of the
He also thanked presentation of ] OPA proposals t( The former Pri stressed on then issues. While so while accommo much notice ofu OPA when they h While it is not ea decades, one wa have regular dia we can present th many matters of Although it is sa having 38 memb we as a civil soci present. Our inv member associal
 
 
 
 
 

lf of the 2005/2006 session already gone, it is at some of the issues faced by the OPA, year in that we as a body have received the respect of ) of most politicians, for impartiality as an ociation. At the induction of the 23" President Karu Jayasuriya quoted from the editorial of There are, however, some organizations that ain uncontaminated by narrow party politics. n of Professional Associations (OPA), is one in that comes to our mind. It has through out bute to the improvement of governance in this :maining independent and impartial. The 17" he Constitution which paved the way for the f the four independent commissions, was a OPA”
us for helping the government to speed up the Public Accounts to the Parliament and for the draw up a code of Ethics for Parliamentarians. esident Mrs. Chandrika Kumaratunga also eed to consult the OPA more often, on national me politicians regard us in high esteem, others dating us when in the opposition do not take s when in power. Politicians usually look to the ave a problem with the other party. sy to reverse this trend, which has occurred for y of engaging politicians with the OPA is to logue with all main political parties. This way e OPA view and also examine their policies on public interest. id that we are the apex body of professionals, er associations, there are many who think that ety can do a lot more that what is being done at olvement and indeed the involvement of our ions to solve the pressing problems of society

Page 8
should be acceler: lives of our people
e Laws delays appeals takingr o The necessit only a few crin Criminal Law Commission is former Preside been achieved. o Delays due
when they go to good example due to bureaucr O Problems of govt. hospitals.
O OPA must also th those profession deserve places an about this for too Fernando also pro Annual Session Company Direct Service.
Malpractices at
many an eyebrov organization doe however, would and participation more importantt

ated. Some such problems affecting the daily
arC
particularly in dealing with appeals; some more than 5-6 years to be heard. y to examine the criminal law, as at present ninals get punished. In fact it is said that the is friendly to criminals. A Presidential supposed to have presented a Report to the nt, but we do not know whether anything has
to bureaucracy, often people are harassed ) get something done from a govt. dept. A very is the withdrawal of Sheraton from Sri Lanka ratic bungling. patients particularly the poorest of the poor at
ink of having some form of representation for als like Journalists and Agriculturists, who long other professionals. We have been talking long, with out achieving much. Justice Mark omoted the case of these professions, at the 18" s. He also mentioned the need to admit tors and Top Administrators in the Public
elections being such a common occurrence, w is raised as to why the leading civil society s not play any role in the Elections watch. We not be able to do very much without the support of professionals at grass root level. It is all the ) activate the provincial Professional Circles.

Page 9
INCREASE IN DEMAN AVAILABLE SUPPLY O SRI LANKA
1.0 INTRODU
Prof. Priyantha DC Wijayatunga/
Relatively high generation capa generation capa during the last fe Further, this ad increased therma which imports al to carefully plan its overall cost socio-economic impacts. This pa technology and COnteXt.
2.0 ELECTRIC
2.1 Demand Gr
The overall annu 620GWh in 197 growth rate of ab to 1977 recorded rose to about 10% experienced atth average growth
political unrest average of about
* Director General, Public Utilities Commission of
 
 
 
 
 

) FOR ELECTRICITY: PTIONS FOR
CTION
rate of electricity demand growth and slow city additions have resulted in an overall ity deficit in the country from time to time w years, particularly during drought periods. ditional demand has been largely met by l generation in the system. Being a country l its fossil fuel requirements, Sri Lanka needs for future generation mix in order to ensure that o the country is minimised with maximum )enefits and minimum adverse environmental per examines different electricity generation fuel options available for Sri Lanka in this
"TYDEMAND
owth
al electricity demand in Sri Lanka grew from ) to 6161GWh in 2003 at an annual average out 7.2%. The growth during the period 1970 an average annual rate of about 6.6% while it 6 from 1978 to 1982 with the economic boom at time. However, between 1983 and 1988, the ate again dropped to 4.7% due to social and in the country. It again bounced back to an 3.3% after 19901).
Sri Lanka
7

Page 10
7,000
李60
000, 2؟
동 5000
日 4000
コ
S 3,000
فر)
王”2000
.ー
琵1000十
○ c vC o, Cn f
OO do o ON CGN, ON ΟΝ CN やー。 རྣ-8 t
Figure 2.1:Historical Electricity Demand
2.2 Composition
Figure 2.1 shows how the electricity deman terms of consumption in different sectors d seen that the demand growth is significan composition was as shown in figure 2.2 W consumption at 39% of the total demand.
STREET
LIGHTIN COMMERCIAL 2%
20%
33.
INDUSTRIAL
39%
Figure 2.2: Composition of Electricity Dema
 
 

MESC
é
3.
翡
Growth 1970-2003
d has grown since 1970 and its composition in omestic, industrial and commercial. It can be t in all these sectors. By the year 2003 the here the industrial sector recoded the highest
G
DOMESTIC
38%
RELIGIOUS
五%
ind 2003

Page 11
2.3 Electrification
The average electrification rate in the country which stood at less than 10% in late 1970s has improved to approximately 70% of the households by end of 2004. While it is as high as over 85% of the households in the urban areas, the rural areas record only around 50% electrification rate. This low
electrification rate in the rural sector can be attributed to the unavailability of the national electricity transmission grid and distribution lines in rural areas.
Another significant feature in the Sri Lanka electricity industry is the correlation between the electrification. rate or the penetration of the national electricity transmission grid into different geographical regions and the social and political uprisings in the country. The geographical areas where the political and social uprisings were largely concentrated have been recording a poor penetration of the primary distribution system and low electrification rates. This shows the importance of providing an adequate convenient energy source Such as electricity which would ultimately drive the economic growth in these areas, in maintaining political and social stability in Sri Lanka.

3.0 ELECTRICTY GENERATION
Sri Lanka electricity generation system, as in the case of many other countries in the world, consists of both grid connected plants as well as off-grid systems supplying electricity remote locations. These grid-connected plants can be those directly feeding the transmission systems or they may in small capacities in the form of embedded generation connected to the distribution networks.
3.1 Grid-connected Generation
Sri Lanka electricity supply industry has been dominated the hydropower generation for many years. By the year 2003 the total large hydro capacity in the system amounted to 1185MW while the thermal generation capacity stood at 909MW excluding self generation. In addition there is a 3MW grid connected windturbine plant installed in 1999. The hydrogeneration capacity includes not only the large hydropowerplants but also the grid connected privately owned minihydro systems totaling to about 40MW of capacity. All the committed thermal power plants are oil fired stations. Further the Kukule Ganga hydropower station with a capacity of 70MW, which was under construction, was completed in 2003. The committed future hydropower generation consists of 150MW of capacity at the on-going Upper-Kotmale hydropower plant.

Page 12
0S00SLLSiiSSi iS SeS e ei eeS eieii ii SSi i i i SSSSSS
4,0
00
--mu
ܝܝܝܝܝܝܝܝ
-------
ـــــــــ۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔
ζΟ o N n N. OO C) Ο 别 d w- == == ve
Figure 3.1: Historical Variation of Electr
Figure 3.1 shows the growth of the electric dominated generation system to a syst domination. Also it is important to see the supply during the years since 1996 mainly experienced from time to time during this pe:
3.2 Off-grid Systems
Sri Lanka has had about two decades of experience in off-grid electrification in the rural areas, particularly in the latter part of 1990s. These off-grid technologies are mainly confined to small-hydro and solar photovoltaic systems along with a few small wind turbine plants. By early 2003 the total village hydro systems in the country with capacities varying from about 5kW to 25kW, was about 140 serving over 5,000 families mainly satisfying their lighting needs and small-scale daytime economic activities such as rice milling and battery charging. The number of solar homes systems installed with capacities varying from about 20Wp to 80Wp has now exceeded 80,000 in the country. There are a few small wind turbine plants in the
 

T GENERATION
器 o
۔چ
Year icity Generation
SELF
ve- ܢ n o Cwrd 용 3 3 용 용 r -- tN =ܡܐ
ity supply over the years from a hydro power em gradually turning into thermal power emergence of self-generation as a significant 7 due to utility generation capacity shortages riod. This trend is likely to continue.
southern province with capacities varying from about 50W to 250W supplying a small number of households in the vicinity. Many of these off-grid systems were supported with grants and loans through the Energy Services Delivery Project (ESD) and the Renewable Energy for Rural Economic Development (RERED) project of the World Bank.
4.0 FUTURE GENERATION
OPTIONS
When deciding on the fuel and technology options for large-scale power generation it is important to consider the long-term uninterrupted supply of the fuel, fuel diversity, long-term price stability and the capital and operational costs associated with plant installation. In addition to these, it is equally

Page 13
important to use proven commercially established technology for Such generation systems since large-scale breakdown of the electricity supplies cannot be accommodated if the country is to attract investment in other sectors in the economy. Also the environmental and social impacts of different options need to be given due consideration when finalising the optimum generation mix. These are the important factors, which need to be considered when providing a reliable power supply to the consumers at an affordable price in line with the national objectives on economic and social development.
The future generation technology and fuel options available for the Sri Lanka system can be categorised into two main areas: Conventional generation systems consisting of both renewable energy plants and fossil fuel fired plants and nonconventional renewable energy based generation plants. Conventional
Ewrol y troi i fi o'r 11 ||97| Ele 2 (CMC) 3
国of 口 [] I Äi|| || ||
III,
Figure 4.1:World Crude Oil Production in Source: International Elegy Agency
|
 
 

generation technologies available for Sri Lanka are mainly confined to largehydropower plants and Oil/coal/gas fired thermal plants while non-conventional renewable energy based generation for Sri Lanka are mostly in the form of smallhydro, dendro-thermal, Wind and solar power.
4.1 Large Hydropower Plants
The total hydropower potential in Sri Lanka is estimated to be about 2000MW out of which about 1200MW of capacity has been already exploited. The only large-scale hydropower projects available in addition to the on-going Upper Kotmale project are Gin Ganga (49MW, 210GWh), Broadlands (40MW. | 45 GWh), Uma Oya (150 MW, 457 GWh) and Moragolla (27 MW, 111 GWh). At present only Broadlands and Uma Oya projects are being considered for development in the near future.
of CILICE CO POLITIC by Region
M
N
| 1 || 10
国 | | | | | ||'' 国 MI-III | || | | | | AIIIn || ||
Million tonnes by Region
11

Page 14
It is estimated that under different scenarios peak within the next 17 to 107 years. At cor an average recovery ultimate recovery of T gradually diminish to extremely low levels will never run out of oil but the will eventu essential requirements can bemet,
Figur o 3, 12 EIA World Conw
t
l}55 Ehtintalek n Ultimale Recovery Al that НЕнислэг
L.A., Լլի Mean expected 304 표 ք Կլ 를 40 ܕܶ
i. History -Meħħ T-Low (95% " - High (so)
ltitM) Thiելի LED
TTa ZS TDDDLL LuHDBH D ZZLDD LLD LDDDLB LLLLLLLLS KSK TTT LLLL LLDL D LLLLLLLK LLL LLLLLLCL LLLLMTT LTLTLLL TS
Figure 4.2: World Oil Production Scena
With the for Illation of the cartel consisting of major oil exporting countries in the world, Organisation of Petroleum Exporting Countries (OPEC), crude oil prices in the world market started experiencing significant wariations over the last three decades adversely affecting the oil price stability
 
 
 
 
 
 

world petroleum oil production will arrive at a servative consumption growth rate of 1% and serves the production will peak by 2050 and by 2075 (Figure 4.2). It is claimed that world ally become very expensive so that only very
Criti orna | Oil ProtH LICE torn Stichriha fi Ossi
Pak Range kG Yi Gf yfu
JODE | Iliri Bibli MAI PAk, MUTATT Fian POJ PDIT
E. FDLI DTE,
til myTitletih
rios
(Figure 4.3). This situation has been aggravated even further with increased political instability in the Middle East where approximately 30% of the world crude oil production took place in 2003. Figure 4.3 shows the volatility of the oil prices which has now reached over US$
65 aba ITel.
12

Page 15
14:35 IST 12 19 19 ரே 1
Iா
Source: International Energy Agency Figure 4.3: Wariation of Crude Oil Prices in
Technology and environment
Oil fired electricity generation plant technology, mainly in the form of diesel engines, gas turbine plants, steam turbine plants and combined cycle plants, is well established in the world. In recent times significant advances have been made, particularly in the gas turbine and combined cycle plant technology, Because of the very high operating efficiencies in the Combined Cycle technology (little ower 50% when operating in tropical environments) resulting in low generation costs, they are used as based load plants. Diesel engines and steam turbine plants are used as intermediate plants while gasturbines are used aspeak-load plants.
 

4ெ 14 பு: 1 !
பாபு
// |
1 US Dollars per Barrel
The environmental impacts are mainly in the form of emissions of particulate matter and gaseous emissions such as SOX and NOx, CO and CO2 as in the case of all other fossil fuel sources.
4.3 Coal Fired Plants
It is estimated that the coal deposits in the World will remain at least another 200300 years. These deposits most of which are located away from the present "trouble spots", are widely spread all
over the World. This is a main factor
when ensuring the long-term supply stability in this fuel source and takes away any adverse effect on coal prices. The major exporters of coal are the countries like Australia, China, Indonesia and South Africa.
13

Page 16
d 直 ിബہ 93, 1986 1, 1989 拷992 Quatte
flj
Source: International Energy Agency Figure 4.4: Variation of Coal Prices in US DI
The variation of coal prices during 1983 to 2004 ranged from about US$ 60 per tonne of coal in 1983 to, between USS 4050 in later years as can be seen in Figure 4.4. As shown here the prices have dropped significantly in the recent past to about US$ 30 per tonne and later increased back to over US$ 50 per tonne
Table 4.1: World Major coal Exporters
and Impoters in 2003
Exporters
Hard Coal (Mt)
Australia 208 China 93 Indonesia 90 South Africa 71 Russia 60 Colombia 46 United States 39 Canada 26 Kazakhstan 25 Poland 20 Rest of the World 40 World 718
 

OG 193 1948
y Awags
*o lapan
ollars per Tonne
in 2004. The estimates are such that these prices tend to drop in the longer term even under an increasing demand scenario for coal in the future. Therefore it is anticipated that the coal prices are relatively stable for the next two decades or even it can decrease resulting in a positive impact on generation costs.
Importers r Hard Coal (Mt) -
Japan 162 Korea 72 Chinese Taipei 54 Germany 35 United Kingdom 32 Russia 24
India 24
United States 22 Netherlands 22 Spain 22 Rest of the World 239 World 709

Page 17
Table 4.1 gives a summary of the major coal exporting and importing countries in a large-scale in the year 2003. It can be seen that a total of 718 (709) million tonnes of coal have been exported or imported in 2003 for use in all parts of the world. The total world hard coal production in 2003 stood at 4038 million tonnes. 75.5% of this total production is used for industrial purposes where electricity production plays a dominant role. Further, developed countries like Japan, Netherlands and Germany and newly industrialised countries such as Korea and Chinese Taipei are major importers on coal, which is largely used in their electricity industries.
Technology and environment
The technology of coal-fired power plants has made significant advances over the years particularly addressing environmental impacts associated with these plants. Gaseous and particulate emissions per unit of electricity generated are reduced to a greater extent by technologies such as flue gas desulphurisation (FGD) and electrostatic precipitators. These impacts are further reduced by using coal having low sulphur and ash content which is abundantly available in many parts of the world and also by encouraging the use of coal-ash in the cement industry. Some of the recent developments such as Pressurised Fluidised Bed coal (PFBC) technology

15
and Integrated Gasification Combined Cycle (IGCC) technology, though largescale commercial applications are not yet common, have resulted in increased thermal efficiencies in these plants further reducing the environmental impacts. These recent technology improvements have made the coal-fired plants as cleaner as any other fossil fuel based technology used in electricity generation.
4.4 Natural Gas
Natural gas supplies in the world are expected to last about the same time as that of oil. As can be seen in Figure 4.5 the prices of natural gas have dropped from about 5-6 USS/MBtu in early 1980s to 2-3.5 USS/MBtu by late 1980s. Since then natural gas prices had been stable around 3.5-4 USS/MBtu until late 1990s. Presently there is an increasing trend in natural gas price, which is now at about USS 5 per MBtu. It is important note that the pricing of natural gas is normally linked to the price of oil in the world market.
In countries where natural gas is not available it is imported through pipelines if the geographical locations permit such transportation or it is done in the form of Liquefied Natural Gas (LNG) transported by ships. LNG based electricity generation requires large infrastructure investment such as those in LNG terminal and gasification facilities.

Page 18
Because of the high initial investment cost plants with combined cycle operation are plants competing against oil based plants.
6
5
Hu lapan | H | ISA -mana E
 ̈ዖñዑ፥፳፭፤
Source: International Energy Agency Figure 4.5: Variation of Natural Gas/LNG p
Technology and Environment
Combined cycle technology in power generation has been rapidly improving during the recent past and now these plants record efficiencies as high as about 50% when operating in tropical environments like in Sri Lanka. Therefore the main advantage of LNG based combined cycle plants is their low environmental impacts resulting from low gaseous emissions per unit of electricity generated. This effect is more apparent in CO2 emissions recording almost halving of quantity of emissions per unit of electricity generated as against that of coal based plants. This reduced
 

and fuel costs liked to crude oil prices, LNG more likely to be economical as intermediate
義
t 劃 養 錐 蓋 fi
亭页 22 لوگ؟ is !لی و گرگ
tАмазges
this a (A niity m s
鹤舞 ፲፥፶፰o
rices (USS/MBtu)
environmental impact in terms of global warming is perceived as the single most important reason for promotion of natural gas based generation technologies across the world.
4.5 Dendrothermal
Biomass being the only large-scale indigenous primary energy in Sri Lanka, recently it has attracted increased interest as a source for electricity generation. Also the case for the use of biomass for electricity generation is further strengthened due to its considerable environmental benefits.
16

Page 19
There are approximately 1.7 million hectares of marginal land classified as sparsely used cropland and scrubland presently in Sri Lanka. It is estimated that a total land area of approximately 1.2 million hectares excluding the expected land alienation in the future by the state, is technically available for energy plantations. Factors such as providing land for increased activities arising from population and economic growth, and varying climatic and geographical conditions determining availability of water resources, constrain the establishment of energy plantations. Therefore it is likely that the available landmass for energy plantations is significantly below 1.2 million hectares.
During the last few years field studies have been carried out to examine the suitability of short rotation coppice plantations in Sri Lanka. At present there are several plots of pilot energy plantations of such nature managed by the Ministry of Science and Technology where 6-month rotation species have been experimented. In addition, presently there are a few entrepreneurs who have established trial energy plantations. Though the viability and economics of large-scale replication of these plantations are yet to be established, the present indications very positive. If these attempts succeed, the estimates suggest that the annual average harvest of wood fuel from these plantations can be as high as 20 dry tonnes perhectare.

17
Unlike other non-conventional renewable energy sources, which are intermittent in nature, dendro thermal systems are very similar to other fossil fuel based plants in terms of Supplying power to the grid. Because of the possibility of storage of fuel they can provide firm power to the system. Therefore they are capable of ensuring a capacity benefit to the system generation, in addition providing energy unlike other intermittent sources, which provide only energy.
There is a 1MW dendro-thermal plant already in operation for about 2 years which is the first ever such plant connected to the national grid. This plant will provide valuable information and experience for future establishment of plants of this type.
Technology
The technology associated with direct combustion systems involving conventional steam cycle is well established and the operating efficiencies tend to be relatively low around 20%. Other advanced technologies involve different wood gasification techniques. The efficiencies of these systems vary between 21% and 35%, depending on the type oftechnology used. With integrated gasification combined cycle plants an overall efficiency as high as 47% can be reached. However, all these technologies are complex in operation and their capital costs are high, ranging from US$ 1000 US$4000per kW (6).

Page 20
Fuel wood gasification technology has been developed in the region giving relatively low cost electricity generation systems. They can be as low as USS500 per kW. But their field operation has been only a few years and hence longterm technical performance is still unknown. The maximum plant capacity of this technology is presently limited to about 125kW and larger capacities are under development stage.
Environmental and Local Socioeconomic Impact The major advantage of dendro-thermal plants based on dedicated energy plantations, in terms of environmental impacts is that it is CO, emission neutral since the trees absorb CO, during their growth which is later emitted when burnt. Further the energy plantations help reduction of soil erosion while restoring degraded lands. In addition to these there are other social benefits such as creation of local employment opportunities in a large-scale and improved availability of wood fuel for household use. Further, the fuel Supply to these plants are all locally produced which would result in a significant drop in pressure on foreign exchange reserves of the country, due avoided imported fossil fuel usage.
4.6 Other n o n - c o nv en tio n al
renewable energy sources

Other non-conventional renewable energy sources for grid-connected operation in Sri Lanka are largely limited to small-hydro and wind power. Though technically possible, the economics do not allow solar photovoltaic systems to be used in Sri Lanka for grid-connected operation.
Small-hydro potential in the country is estimated to be around 250MW out of which approximately 20% has been already exploited. Most of the remaining potential is either being developed or being under consideration for development. The present, standard power purchase agreement available for renewable energy based plants below 10MW has been a catalyst in the development of the small-hydro sector in the country.
More wind turbine plants are also planned to be added to the Sri Lanka power system with the CEB presently considering establishment of a 30MW wind turbine plant in the west coast. A recent wind mapping exercise carried out with the support of USAID has suggested substantial wind power potential in the country. According this study the technical wind power potential could be as high as 24,000MW. Therefore increased contribution from wind power in the future is very likely.

Page 21
4.7 Cross Border Energy Trade
The pr elim i na ry s t u dy on interconnecting national grids of Sri Lanka and India has been carried out recently under the South Asia Regional Initiative on Energy (SARIEnergy) of the USAID.
Though at present there are economic and political barriers for this interconnection, it needs to be viewed as a serious longterm option to add generation capacity to the Sri Lanka system since India can exploit its economy of scale of operation thereby providing relatively cheaper
|
| |=
| =
lim
t
Ell
॥
In L h
"Source: Intertational Energy Agency
Figure 5.1:World Energy Supplies 1971 to .
 

energy exports, particularly from their coal and nuclear plants closer to the border. Crude estimates indicate that the energy cost at the Sri Lanka end can be as competitive asUSCts 6-6,5 per kWh.
5. FUTURE TRENDS Figure 5.1 shows the expected world energy supplies during the next 25 years where oil, gas and coal supplies are predicted to be increasing. This means that the use of these three fossil fuel sources will continue to dominate and grow despite their adverse environmental impacts.
203()
19
T.

Page 22
Figure 5.2 depicts the expected growth of electricity generation sector in the World L. and natural gas based electricity generatio comparison to others and Will continue the
11
| |
■
Hi, I'llլլի
Source. International Energy Agency Figure 5.2: Primary Energy Contribution T
. DISCUSSION
It is important that the Sri Lanka electricity industry selects the best fuel mix out of the available options in its long-term generation plan Satisfying the basic requirements such as least economic cost, reliable and continuous supply of energy while minimising the adverse social and environmental impacts. Further this fuel mix need to give due consideration to important
 

different primary energy resource use in the Ip to 2020. It can be seen that the use of coal In will continue to grow at a rapid rate in eir domination.
CIIIIII | I
cas D
F।
rends in World Electricity Generation
EO
factors such as diversifying the energy sources and encouraging indigenous sources where possible,
When capital and operating costs are considered, the diesel power plants based on heavy petroleum fuels cost about USCts 5.8 to 6.4 per unit of electricity generation level while the combined cycle plants cost about USCts 5.7 per unit. Gas turbine plants cost between USCts 8.5 to 9.9 per unit. All these plants

Page 23
are fuelled with petroleum products and these specific costs are in Jan 2001 boarder prices at 10% discount rate. The present values are even higher mainly because of high operating costs resulting from high oil prices. These high oil prices have significantly affected the cost of electricity production during the last few years in Sri Lanka since all its present thermal generation plants are based on petroleum products. This has resulted in the present average electricity generation cost reaching approximately USCts 10 per kWh.
When the coal price variations are considered along with capital expenditure on the plants and their lifetimes, the unit cost of electricity generation of possible coal based plants in Sri Lanka is likely to be about US Cents 3.8 to US Cents 4.5 per unit assuming that such a plant can be financed through soft loans. These prices are likely to be even lower with efficient operation of plants at higher annual plant capacity factors and possible low coal prices in the future.
Major constraint in using natural gas in Sri Lanka is that it should be only in the form of Liquefied Natural Gas (LNG). This makes the cost of operation of the natural gas based plants in Sri Lanka relatively expensive. The cost of infrastructure required for LNG handling can be as high as USS 400 million regardless of the capacity. When these

costs in LNG handling are considered, the economically justifiable electricity. generation capacity based on LNG can be as high as over 1500-2000MW.
It is only the economies of scale, which will finally make LNG based plants economically competitive with petroleum based plants in Sri Lanka. It is unlikely that these plants can compete with coal-fired plants interms of unit cost of generation. At present the peak demand in Sri Lanka is limited to about 1500MW while daily base-load is around 700MW. At the present rates of annual electricity demand growth, the demand will increase three times at the end of next 15 years making it possible to accommodate LNG based generation. Therefore in the short-term future the use of LNG as a fuel option in the power sector is not feasible in Sri Lanka unless its use is coupled with other sectors such as transport where compressed natural gas (CNG) can be used to replace other petroleum fuels a scenario, which needs extensive analysis before coming to a conclusion.
As indicated before the low cost fuel wood gasification system based generation technology developed in the region has not been field-tested long enough to establish its reliability of operation. Therefore at present it is not advisable to use these plants to completely replace the traditional largescale generation systems at present.

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The 1MW grind connected plant and the 35kW off-grid pilot plant already established will improve confidence in establishing dendro-thermal plants in the future. Therefore the prospects of largescale biomass based electricity generation in Sri Lanka will be extremely high if the present attempts to prove the use of low cost fuel wood gasification technology and short rotation energy plantations become successful.
Of the other non-conventional renewable energy systems, small hydro plants have already proven that they are capable of providinga significant contribution to the electricity supplies at competitive rates through small power purchase agreement (SPPA). It is important that this SPPA arrangement continue in the present form with avoided cost based tariff being paid to the developers. Such an arrangement provides an encouragement to local entrepreneurs to invest and develop local technology and human capacity in these eco-friendly generation systems while having no adverse impact to the utility generation costs. Further in the long term, the country will develop local technology and expertise which will eventually contribute to the economic growth of the country.
For the other non-conventional renewable energy systems such as wind power and dendro-thermal, it is necessary to provide subsidies if they are to attract investment since the avoided

cost based tariff offered through SPPA is unlikely to be sufficient to cover a reasonable return on investment. This subsidy component can be approximately USCts 2-2.5 per kWh depending on the technology. While these subsidies need to be provided by the government considering their social and environmental benefits, utility need to continue to pay an avoided cost based tariff.
Each of these technologies and fuels has a role to play at different stages of development of the Sri Lanka power system. While coal based plants are preferred as base-load plants based on economics in the next 15 years, dendrothermal plants can compete with coal on environment and social development aspects. While immediate short-term needs can be satisfied with oil-fired plants, LNG based technology can compete with them on environmental grounds when the system size grows. Small-hydro systems can continue to play their important role into the future until they reach maximum potential. Dendro-thermal and Wind power can contribute initially with state subsidies considering their significant social and environmental benefits until they become economically competitive. One has to strike a balance in using these different technologies and fuels depending on the national priorities at different stages of power sector development in the country.

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7.0 CONCLUSIONS
The economic growth is strongly coupled with the development of the energy sector and the electricity sector in particular. Optimum investment in electricity generation facilities in terms of technology, fuel type and timing of construction, is essential for the healthy growth of the electricity sector. The fuel types available for consideration for large-scale thermal generation in Sri Lanka are limited to mainly imported fossil fuels such as coal, oil and LNG and local energy plantation based fuel-wood. Small scale non-conventional sources available for development as grid connected systems are small-hydro and wind power. These fuels and technologies have their own merits and demerits in the areas of economic, environmental and social impacts. Therefore all of them have respective roles to play in the electricity supply industry at different times. But their individual roles need to be clearly identified and promoted for the overall national benefit. The only choice of fuel for large-scale base-load thermal generation in the Sri Lanka electricity industry is coal for the next 15 years, when considering the analysis presented including the world trends in the next 20-25 years. This conclusion is based purely on economic grounds. Being at the initial stages of economic development Sri Lanka cannot compromise coal power development in favour of other technologies and fuels if

it is to achieve a reasonable level of economic growth during this period. The fuel choice for intermediate and peak load operation needs to be petroleum based. Natural gas, which needs to come in the form of LNG in Sri Lanka, will not be feasible for power generation for the next 15 years when examining the current trends in its economics unless its use is coupled with other sectors such as transport, which needs to be separately investigated.
Until the technology is proven and the reliability of energy plantation based wood fuel supplies is established, it is not realistic and appropriate to consider large-scale centralised grid connected dendro-thermal plants to replace conventional systems. As the technology stands at present, these fuel-wood based (or biomass in general) plants are recommended for Small-scale power generation, particularly as off-grid systems in the areas where other cheaper forms of isolated power generation technologies Such as village-hydro plants cannot be established due to primary energy supply constraints. Since it is expected that only 80% of the households can be finally connected to the national grid leaving another 20% to be powered through offgrid generation systems, fuel-wood fired plants can play a major role in the field off-grid electrification along with village-hydro, wind and solar home systems.

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When successful performance in the field is established and the economics turn in favour, fuel-wood based electricity generation plants should gradually replace power plants based on imported fossil fuels mainly due to its attractive environmental and social impacts. All the non-conventional renewable energy technologies such as dendrothermal, small-hydro and wind power need to be encouraged by the state as Supplementary generation, through subsidies where necessary, due to indigenous nature of their primary energy source, and other long term social and environmental benefits.
References:
1. P D C Wijayatunga, R A Attalage, “Sri Lanka Electricity Industry: Long Term Thermal Generation Fuel Options”, Energy and Environmental Economics Series, No 10, Institute of Policy Studies, Sri Lanka, September
2002
2. Ceylon Electricity Board, (2003), Long Term Generation Expansion Plan, Generation PlanningBranch, CEB, Sri Lanka
3. Energy Resources Database 2002, Energy
Supply Committee of SriLanka, 2003
4. Key World Energy Statistics, International
Energy Agency, http://www.iea.org
5. D Daranagama U., Wijayatunga P D C,
AriyadasaKP, Kumarasiri HK,“Feasibility of

24
Dendro Power Based Electricity Generation in Sri Lanka”, Energy Forum, Sri Lanka, 1998.
P D C Wijayatunga, “Policy Initiatives in Implementing Renewable Energy Systems in Sri Lanka”, Regional Conference on Innovative Approaches to Implementation of Renewable Energy Systems, South Asia Regional Energy Coalition, Colombo, June 2003.
Dennis Elliott, "Sri Lanka and Maldives Wind Resource Assessment and Mapping Project', Regional Conference on Innovative Approaches to Implementation of Renewable Energy
Systems, South Asia Regional Energy Coalition,
Colombo, June 2003.

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PROFESSIONALS - PA ACTIVELY | N POLITIC
R.M.B. Senanayake *
Theissues of poli
The ancient Athe people as oppose( met in a local as direct rule by the in a larger State t large in territory a meet together an arose representat representatives to important proble: their personal in What if the repre: for their own ber property of the
themselves and til they rob state of it this problem by a the guardians? C. them and ensure t interest and not in
But it is not feasib
the public interes
* Formerly of the Ceylon Civil Service
 

RTICIPATE MORE S
What is politics? Aristotle wrote that politics aims at the highest human good, the best of ends and urged that the study of politics is an ennobling discipline. But the practice of politics in a plural society of diverse races or ethnicities and religions is a rough and tumble affair as we see in our society. But the people who belong to different and diverse groups must somehow learn to live together. Otherwise they will fragment the state and the country.
tics- who is to guard the guardians?
nians believed in democracy or rule by the i to a rule by a king or aristocracy. The citizens sembly and decided on matters of state. But people called direct democracy is not possible han a city-state of ancient Greece. States are and include huge populations. They cannot all d decide on matters of public affairs. Thus ive democracy where the people elected their ) decide on public affairs. But this raised an m. What if the representatives do what is in erest rather than the interest of the people? sentatives decide to use the power of the state efit What if they who are custodians of the state use such resources for the benefit of heir friends, relations and supporters! What if smoney and property. The Romans expressed sking the rhetorical question "who is to guard un there be another set of people to supervise hat these representatives act only in the public the personal interests of the representatives? le to multiply the level of supervisors. Further t is not always evident in a modern economy

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and polity. Plato argued for a philosopher king. Are the more educated and wiser people better able to decide on the public interest? Perhaps. But the problem of ensuring that they act in the public interest still remains. Although they know the public interest these people may prefer to act in their own beneficial interestrather than the public interest.
There is also the question of how to decide when the guardians disagree on an issue. The only practical way then is to decide on majority voting. But the majority may not always be right. Suppose that a majority decide to exterminate a minority differing from them in ethnicity or religion? Once R.G. Senanayake suggested that the stateless Indians, which the Indian Government was refusing to accept as their citizens for repatriation, should be driven to the sea. Would this be right morally? Should politics be subject to moral or ethical norms?
The Rule of Law The ancient Romans hit upon the idea of the Rule of Law as an answer to the question of who should guard the guardians. The citizens of the Roman Empire were proud to be called Roman citizens since the authorities could not deal them with arbitrarily. No Roman citizen was punished without being given a hearing. They evolved the principles of naturaljustice.
The Rule of Law was elevated to a principle superior to the state by political philosophers defining law not as a mere expression of the wishes of the lawmakers. They drew a distinction

between the laws passed by the state, which they called positive law; and the 'natural law", a moral law above such positive law. Natural law was considered as binding on the government as well as its citizens. It was recognized that the majority decision-making in a democracy is bound by the natural law. The view came to be held that human beings have certain inalienable natural rights. These rights came to be called fundamental human rights and they are not conferred by the people or by the government. They are inalienable and are attributes of all human beings. The State was obliged to recognize and uphold such rights even againstitself
After the Second World War the nation states, which are members of the United Nations Organization, formulated the Universal Declaration of Human Rights incorporating the views of all religions. They followed up with the International Covenant of Civil & Political Rights. These rights were extended owing to the influence of the Communist countries, to include social and economic rights. But these are more in the nature of aspirations rather than justiciable human rights. The countries, which signed up, are obliged to honour these rights irrespective of the race, caste or creed of the citizens within a member state. So the Rule of Law includes respect for human rights. It also means that the rulers or those who exercise power in the state must observe the rule of law and be punished if they violate it. It also means there can be no arbitrary rule. Decisions must be rational and justifiable. Even if the ruler is a king he is bound to be a constitutional ruler.

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Checks & Balances But it is not enough to replace kings & queens with elected Presidents and Ministers who are subject to the rule of law and govern according to rational principles to further the public interest. Those Presidents or Ministers who violate the rule of law by robbing the state or squander its resources for their private benefit must be punished. So the Founders of the American Constitution set in place the principle of 'checks & balances'. The powers of the state were separated out into legislative power, executive power and judicial power. These powers were vested in three separate institutions each with its own personnel the 'separation of powers'. The Judiciary was given independence and all persons and officials elected or otherwise were made answerable to the Judiciary if they violate the rule of law. But checks & balances alone are not enough. The implementation of the Rule of Law against those in the government must be monitored by the people.
The process of governance must be monitored by civil society
The professionals particularly in a developing country are the most educated persons in that society and are equipped with the knowledge to monitor the conduct of public affairs; to see that the rule of law and the principles of liberty, justice and good governance are observed. Since the professionals have a better understanding of public affairs they should ideally be in politics. Recently we saw the appointment of a professional as the Prime Minister of India- Dr. Man Mohan Singh the author of the Economic Reform programme of India after 1990 when the Indian state faced bankruptcy. Recently he stated

thus to an audience of professionals' I appeal to each one of you to participate in our public life so that governments at all levels; Central, State and local; are all constantly put on notice and not just tested once in five years".
11 In most developed countries like the UK, France, Germany, Japan or the USA Ministers are drawn from the ranks of professionals and businessmen. They may be elected or nominated by the elected President to assist him as in USA. Seniority in politics alone is no qualification for appointment as a Minister. But here in our country that seems to be the only qualification along with the political clout of the persons concerned if it is a Coalition government consisting of separate parties. Perhaps some qualification should be specified not only an educational qualification but also administrative experience in the public or private sectors as a qualification to be a Minister. The role of the Minister in our system of government involves not only the ability to make policy but also the ability to supervise the departments. The Soulbury Constitution devolved the power of supervision of the departments to the permanent secretaries under the general (not specific) direction of the Minister. But the later homegrown Constitutions changed the position and today the Secretaries to a Ministry are political appointees with little or no experience of the functioning of the departments they are expected to supervise. So either the secretaries must be career public officials selected by the Independent Public Service Commission or the Minister must be required to have at least ten years of administrative or management experience in the public or private Sectors.

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The role of professionals in politics
Here in our country professionals fight shy of entering politics because they consider it too corrupt. But the JHU monks have justified their entry into politics saying that they did so in order to clean up the politics. They obviously have a point although they may perhaps be violating tradition. But traditions also change like everything else and the proof of the pudding is in the eating thereof. The contestable nature of politics is undoubtedly challenging. But like other spheres of life where there are contests, such contests must be carried out according to some ethical norms. Unfortunately our political contests have deteriorated over the years to a test of not opinions and ideas but of might against might, of money versus money, of force pitched against force, of deceit against deceit. The entry of good men who respect ethical values and norms would undoubtedly help to transform this contest. But along with that the ground conditions need to be changed. The OPA had a big hand in promoting the adoption of the 17" Amendment to the Constitution which set up Independent Commissions to oversee the personnel management issues in the public sector and secure freedom for public officials to act according to their conscience; safeguard the public interest and resist attempts of the politicians to promote their personal and political party interests where they clash with the public interest. The Elections Commission was to be set up to strengthen the Elections Commissioner to resist the pressure from the Executive. But the President has chosen not to appoint it. This will not do and it raises the fundamental issue of who

28
is to guard the guardians. The absolute judicial immunity of the President is not conducive to the maintenance of the Rule of Law. Unlike any other democracy this judicial immunity of the President enables the holder of the office to act with impunity in both civil and criminal matters. The holder could commit theft, misappropriation and even murder with impunity.
Who should agitate for change? Obviously the rival party politicians would prefer to retain these powers and immunities so that they could enjoy them when they come to be the officeholders.
It is only civil society that will and must agitate for changes; and here the professionals as the most educated and informed of civil society must give the lead.
The OPA gave the lead informulating and lobbying for the enactment of the 17" Amendment to the Constitution. It is a major achievement for which the OPA can claim credit. Of course it required lobbying and a particular concatenation of political forces. All reforms must start with the underlying ideas, which have to be popularized. Next the politicians must be lobbied to accept such changes.
The OPA should formulate the changes necessary to the Constitution and laws to implement better the rule of law and fundamental freedoms. Politics is about how people grapple with such questions as freedom in the society, which involves freedom from arbitrary and unnecessary interference by the state in the private realm of an individual. It is also about order in society for liberty cannot be

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enjoyed in a lawless state. Politics is also about justice, about legitimacy of the rulers mandate to rule. In a democracy the ultimate sanction against evil rulers is to throw them out of power this right has to be safeguarded by providing for free and fair elections. It is to safeguard this right from interference by the Executive that an Elections Commission was to be set up. The question of legitimacy of the government depends on the holding of free and fair elections.
. In a world characterized by uncertainty, Scarcity, conflict, and power relationships, politics enables us to make collective choices by debate and negotiation rather than brute force. Politics is about how people grapple with fundamental questions of freedom, order, and equality, about the nature of justice, and about legitimacy, community, and individualism. Politics also asks such questions as: How are we to act as citizens? How do our public institutions function? What can we do to make them function better? How can we get rid of corruption in these institutions? What values inform, or should inform, public policies? How does political change occur? The professionals are in the best position to go into these questions. If they fail there will be few others in civil society who can play this role. Our professionals must therefore keep these issues under regular scrutiny. Whenever they feel changes must be introduced in the institutions or in the policies they must take the initiative to do so. They must explain the issues to the people and then lobby the politicians to adopt such changes.

Who will represent the common good?
There is the problem in plural societies in particular as to who takes care of the common good. We have political parties established to represent particular communities-the Tamils, the Muslims and the Tamils resident on the estates. They are in existence to pursue their sectarian interests. The Sinhalese have been asking the question who represents the majority community. The majority Sinhalese are split between the Sinhala Buddhists and the Sinhala Christians. So those who identify themselves only with Sinhala Buddhist interests would like to have a party for themselves. The Jathika Hela Urumaya came into existence to represent their interests.
The UNP and the SLFP claim to be national parties but they are unable to behave like national parties representing the national interest. In fact the nation state is under attack with a civil war for twenty years just halted by a Ceasefire. The question demands a solution but we are unable to arrive at one. The OPA could take the common national interest into account and formulate a solution. But the differences in the larger society are reflected in the OPA membership as well. So it is difficult even for the OPA to look at the problem from the perspective of the whole community of peoples forming a single nation-state. There is no group in our society willing to see the community as a whole. Who is responsible for the community as a whole? Who is responsible for the nation as a whole? There is nobody of persons to do so. This is a challenge for the OPA.

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PROFESSIONAL ETH SOCIAL RESPONSB
Jиstice t Mark Fernando* |
I must first than this evening an important topic. OPA as the : Professionals a more complex ever-increasing the same time a often reinforce professional sta that professiona are unduly dela proper informat and sometimes
It may well be unjustified. Bl speedily to disp
But sometimes individually ar these lapses, an any of us can occasional laps Indeed, if all
maintaining the ethics and socia nation would h socialandecon This eveningy targets for su. environmental if we had ma competence al Annual Sessio therefore most
*Retired Judge, Supreme Court (This speech was delivered as the Chief Guest at the 1
 

CS AND ITY
k the OPA for having invited me as Chief Guest d given me this opportunity to speak on this This topic is both important and timely for the pex body of professionals in Sri Lanka. nd professional associations face increasingly and more demanding situations which call for professional standards and responsibilities. At l too often there seem to be public perceptions, d by media publicity, that in many respects Indards are declining. Criticisms are levelled lcharges are too high, that professional services yed, or too hasty, that courtesy is lacking, that ion is not given, that there is a want of diligence even negligence, and so on.
that such perceptions are often mistaken or ut if that is so, as professionals it is our duty el wrong impressions.
criticisms are justified. As professionals, ld collectively, it is our duty to acknowledge di take prompt remedial action. I doubt whether claim that we have not been guilty even of an e in the course of our professional careers.
of us professionals have been consistently highest standards of professional competence, ll responsibility expected of us, undoubtedly our lave been in a far, far more advanced stage of omic development than it is today. ou heard Prof. Mohan Munasinghe describe the stainable development, economic, social and Those targets could easily have been achieved intained those high standards of professional ld responsibility. So the theme of the OPA ns for 2005 The Professional and Society is appropriate and challenging, and I welcome this
"Annual Sessions of the OPA on 5th Aug.2005.)
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opportunity to share with you some thoughts about some of the general principles, the ethical values, and the social responsibilities, which are commonto all professions.
I wish to supplement the broad over-view and analysis which Prof. Munasinghe presented with some observations in a few specific areas of concern.
It seems to me that the definition of a "profession' in the OPA Constitution can be improved in three respects. First of all it defines a “professional” as one who has undergone learning and training in a discipline, leading to a degree or other qualification entitling him to practise that discipline. That however is not at all enough: specialized learning and training is a continuing process, and every professional must constantly keep on updating and upgrading his professional knowledge and skills. Further, as Prof. Mnasinghe demonstrated, professionals have to consider various aspects outside their own professions, and therefore professional learning and training has a multi-disciplinary aspect as well.
Secondly, a "profession” is a vocation in which persons are bound by a code of conduct and ethics which imposes duties and obligations far in excess of those imposed by the written law. It is not justa commercial enterprise. The definition of “profession' and "professional' must re c ognize et hic al an d s o c i al responsibilities.
Thirdly, it is not enough to say that professionals "practise' the discipline in

which they are qualified. How they practise their professions is important. It needs to be stressed that the ethics and the social responsibilities of a professional impose on him an obligation to practise his profession so as to be of service to the community.
These three elements need to be stressed.
How does a professional judge whether he is fulfilling his professional, ethical and social responsibilities?
Some years ago a senior lawyer complained to me about an act of misconduct by another, and concluded by expressing his opinion very strongly. “You know what the trouble is - we are no longerproud to be lawyers!”
His vehemence made methink: what is it that makes a person proud to be a professional? Pride in this context is not personal or professional arrogance: not the belief that your profession or you are superior to other professions or other professionals. It involves two factors: first, the satisfaction that a professional gets from the proper discharge of his own responsibilities, and second, the conviction that it is an honour for him to be a member of his profession because, by and large, his profession satisfactorily fulfils its responsibilities to society. Codes of conduct which professions have must therefore aim at achieving this level of satisfaction at both levels.
Why do professionals have social respons ibilities, particularly the obligation to be of service to the community?

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Society gives a small minority of us professionals many privileges that are denied to others. Society confers on professionals almost a monopoly in respect of professional services; a very jealously guarded monopoly. It gives them a high level of recognition, respect and prestige, and enables them to enjoy a high standard of living. These are not intended to make professionals a selfishly privileged class, enabling them to dominate society or to reign and rule over less privileged fellow citizens. On the contrary, all those rights and privileges have been given to professionals to enable them effectively and efficiently to be of service to society. We cannot forget that most of us professionals are the products to a large extent of the free education system sustained by the taxes paid by the entire community. Service to the community is just one way in which we try to repay the debts which we owe to the community.
What is the standard, the quality of service, expected of a professional?
There is a parable in the New Testament about a rich man who was going on a long journey. He entrusted some of his wealth to his employees giving one ten gold coins (or "talents”); to another five gold coins, and to a third, one gold coin and so on. Upon his return he demanded an accounting from all his employees. The first gave him twenty coins, having used the ten given to him to earn ten more. The second gave him ten coins, having used his five coins to earn another five. The employer commended and rewarded them both. The third employee, however, had buried his coin to keep it

32
safe and simply returned it. His employer punished him, and dismissed him from service. I was at first quite disturbed by that story: Why was that poor man who had preserved his solitary coin punished simply because he had not made a profit? Was profit so important? But that story has a deeper significance beyond the mere pursuit of profit. We are all equipped for life with talents some with many talents, others with a few. Professionals are people who have received ten talents. Professional life is not meant to be spent selfishly hoarding the talents that have been given to us. Those talents have been entrusted to us, to be used to be of service to the community in which we live and work, and to give back a one hundred percent return.
Besides competence, professionals must always display a high degree of commitment and dedication to the work which they are engaged to do, even at the expense of the personal convenience well illustrated by the caution given to young lawyers, that "the Law is a jealous mistress', constantly insisting on the first place in his life. A professional must constantly strive for excellence in all his professional work.
Professionals must also exercise a high degree of care in their work; they must render their services punctually, expeditiously and courteously. They are entitled to reasonable remuneration, but must not exploit their professional status or knowledge in order to levy unconscionable charges; and they must display sturdy independence in the exercise of their professional judgment. They mustavoid conflicts of interest.

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Since statute law and regulations already lay down legal requirements as to the conduct of professionals, why do we need codes of ethics and responsibilities for professionals?
Professionals constitute a small minority of the population. But they have a status and influence quite disproportionate to their numbers, and they have correspondingly greater obligations. The written law only prescribes an absolute minimum: conduct below that standard will attract legal liability, criminal or civil. One of the features which distinguishes a profession from other occupations or employments is that a profession demands a higher standard of conduct and responsibility from its members, and generally has or ought to have a code of defining those standards. In fact, that is yet another privilege which has been extended to professionals, that each profession enjoys a fair degree of autonomy in defining its own professional standards, values and responsibilities. But if professions fail to exercise their powers of self regulation, the State may do so.
Professional conduct is thus regulated by statute law and regulations, as well as by codes of conduct adopted by each profession. But that is not all. In other matters, not regulated by law or codes of conduct, professionals must act according to the best traditions and practices observed by leading members of the professions, and the failure to do so may attract professional sanctions.
What are the areas of professional conduct which are subject to regulation?

33
Professionals have a host of relationships with other categories of persons, and each of those relationships is subject to regulations: including relationships with clients (or customers, or patients); with their employers, if employed; with colleagues in the same profession (and perhaps even in other professions); with students intending to join the profession; with other persons, although not professionals, employed or engaged in connection with professional work; and to society and the nation itself. Professional social responsibilities are recognized in the OPA's objective of fostering participation in all matters of national and regional interest.
What practical steps can the OPA consider at its forthcoming Annual Sessions?
It is not enough to talk about professional ethics, values and responsibilities. Action is imperative. Let me suggest fo u r c o n c r e t e m e a s u r e s for implementation.
1. Higher education. It is higher education, often free, which has brought professionals to their present positions. The professions depend on higher educational qualifications as a basic requirement for entry into the professions. Increasing the numbers of those having access to higher education, and enhancing the quality of higher education, are matters of vital and direct concern to the OPA and its members, besides being also of national interest.

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The reality today is that only about 5% of schools have 'A' Level classes in all three streams : Arts, Commerce and Science; another 15% have classes in Arts and Commerce, but not Science. Thus all students do not have access to 'A' Level education. Of those who do sit for the “A” Level 175,000 or 200,000 annually about 80,000 to 100,000 perform well enough to be eligible for University education but less than 20% are actually admitted. So over 80% are denied their right of fair and equal access to free higher education.
As for the few who are admitted, there is general awareness that sometimes and too often the quality of the education that is imparted does not adequately equip the undergraduate for life or livelihood. And that is despite the State spending five or six billion rupees on higher education each year (more than Rs.100,000 per student per year, compared to about Rs.10,000 per student for primary and secondary education).
Of the many who fail to gain admission to local universities, a fortunate few are able to afford foreign university education which would generally cost about one million rupees per year. At any given time it is probable that there are some 5,000 or 6,000 Sri Lankans in foreign universities. So we have on the one hand, the State annually spending about five to six billion rupees on higher education for 50,000 or 60,000 students, and on the other hand individuals spending an equivalent amount on higher education abroad.

And for that they use about 50 or 60 million dollars every year - using up valuable foreign exchange earned largely by migrant workers in the Middle East. So we have to reconcile all these conflicting interests.
There is a right to free higher education. We do not provide access to all or even to a reasonable number. We need to expand that access and at the same time to curtail the drain of foreign exchange for education. One proposed solution is to permit private universities, but that is objected to on the grounds that the principle of free education will be infringed. Higher education is an area where professionals can and must to make a distinct contribution. After allit is education which has brought them to where they are now.
Likewise the OPA has a role to play in determining the quality of higher education. Professionals and the private sector complain bitterly that the products of Sri Lankan education often do not match the needs of the market. It is up to the professionals and to the private sector to make the universities and the undergraduates aware of what kind of people they want, and to help the universities to produce graduates of that quality.
2. Rules of Conduct. I was glad to learn this evening that in 1995 the OPA had laid down certain guidelines, which unfortunately I have not seen. I would say that one objective of the OPA should be for the OPA itself to prescribe general rules of conduct applicable to all professions, incorporating especially the ideals of service to the community, social

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responsibility and the pursuit of excellence, which each profession would accept as binding, while at the same time encouraging each professional association to formulate its own code in regard to matters relevant to itself.
3. One of the objectives of the OPA is to foster the development of new professions. The OPA may therefore consider ways and means of enabling professions not yet admitted to OPA membership to qualify for membership, particularly those vocations and occupations which have a great influence on society. As Prof. Gunasena demonstrated this evening Agriculture is one important sector, affecting the livelihood of many Sri Lankans.
Likewise directors of public companies play a key role in the development of the economy. It is time that in some way they too should also be recognized as a profession, and brought within the umbrella of the OPA, and made subject to codes of conduct and social responsibility.
Likewise journalists and media professionals. They play an important role in civil society. They too should be recognized as professionals subject to satisfying basic qualifications.
Likewise senior administrators in the public service. They too play an important role in society and they too should be brought within the umbrella Of the OPA.
4. Career Guidance for Students.
Finally the OPA Constitution also incorporates the objective of inculcating a proper understanding among students about professionals and their role in society. Most students while in school do not acquire a proper understanding about most of the professions and occupations

35
that are open to them. In fact ifa child does well at his 'O' Levels his teachers or his principal will advise him, well you can be a doctor, or you can be an engineer, or you can be a lawyer, arbitrarily identifying a few disciplines only. It is time that students at that level, who have done their “O'” Levels and are about to study for their “A” Levels, be exposed to all the occupations that are open to them. What kind of work is involved. What kind of qualifications and experience they need. What kind of aptitudes they require. What kind of values and attitudes are needed. What kind of prospects they will have. To give effect to that objective of inculcating a proper understanding about professions and their role in society the OPA should take a lead role, in providing systematic career guidance programmes for children in schools using all the new technology which we have computers, videos, audio visualsso that with a minimum of effort all students especially in the rural areas can be made fully aware of the prospects open to them.
Let me conclude by saying that society grants professions and professionals a highly privileged position in Society. Naturally, society expects much in return. Standards of competence, service and quality of service need to be defined, and improved, and observed. That applies both to professions and to professionals; to every aspect of professional activities; and in relation to all who may be affected by professional activities. It is only then that professionals will be able to say that they are truly proud to be professionals.
Let me once again thank the OPA and congratulate them on selecting this very appropriate and challenging topic for their Annual Sessions.

Page 38
THE 17 AMENDME
TO THE CONSTITUTI THE NEED FOR FURTH
Eng. Tudor
Munasinghe*
Backgroundt
The 17" Am Report of the “C. and Depoliticisa then Leader of th when massive unprecedented se Citizens Consu Chairmanship of up with Mr. K represented on the
The Report ( 1998 made recor Elections Commi an Independent I with responsibilit the Independent for the appointm Constitutional Co Commission. A recommend appo
The Report la of the writer, M Draftsmen and Amendment to th Report of the Cit writer to the then President Elect, Secretary Mr. Er as an OPA doecu1ı)
It was found to submit the draf Mr. Elmore PCre OPA was Set up
* Consultant Civil Engineer/Chairman , National
 

NT
ON. ER STRENGTHENING
o the 17"Amendment
endment to the Constitution had its origin in the itizens Consultation on Free and Fair Elections tion of Key Institutionsí which was set up by the e Opposition after the Wayamba Electoral Debacle thuggery and vote rigging occurred on an cale. At the Plenary Committee Meeting of the ltation on 14" September 1998 under the Mr. Karu Jayasuriya a Drafting Committee was set ..H.J.Wijayadasa as Convenor. The OPA was
Drafting Committee by Mr. Elmore Perera.
of the Citizens Consultation dated 30" November nmendations for the setting up of an Independent SSion, an Independent Public Service Commission, Police Commission, and a Constitutional Council y for making recommendations for appointments to Commissions. Recommendations were also made 2nt of the Chief Justice to have the approval of the uncil, and for appointments to the Judicial Service Judicial Appointments Council was Suggested to intments to the Supreme Court and Court of Appeal.
ly dormant until December 2000 when at the request r. Laksiri Mendis, a former Deputy Chief Legal JN Consultant prepared a first draft of the 17" e Constitution based on the recommendations in the izens Consultation. The draft was presented by the President of the OPA, Dr. Reggie Gunatillake, the Mr. Gerry Hidelarachchi and the then General horc Perera with a request that the draft be submitted ent to the Leaders of all Political Parties.
hat the draft needed further improvement and action t to Party Leaders was stayed and on the initiative of ra an expert Committee under the auspices of the
to further consider and improve the Draft. The
issues Committee of the OPA
36

Page 39
Committee sat almost weekly and a revised preliminary draft was presented by the OPA to the political parties. While there was response from the Opposition parties there was no response from the then governing party, the PA, except for one member, Prof. G.L.Peiris.
At this stage Mr.Karu Jayasuriya took on the responsibility of co-ordinating the discussions with the Opposition parties while the OPA had several direct discussions with the JVP as well. The JVP at one point insisted on an Independent Media Commission as a condition of their support but was not pursued further.
At some point the proposals of the OPA and those of the Opposition Groups diverged and what was enacted in Parliament on 3" October 2001 was substantially different from the OPA Draft.
As readers may be aware, it was the JVP that played the final major role in the enactment of this legislation when they made this a condition of their support to the government under the well known probationary conditions.
The need for furtherstrengthening
As there are several deficiencies in the 17" Amendment, the OPA set up a Committee to recommend any necessary amendments. The Committee has tried to address these in the draft 18" Amendment to the Constitution which has been circularized to Forum Members.
The Constitutional Council consists of (a) the Prime Minister,(b) the Speaker, (c)the Leader of the Opposition, (d)one person appointed by the President, (e) five persons appointed on the nomination of the Prime Minister and the Leader of the Opposition and, (f)one person nominated upon agreement by the majority of the Members of Parliament belonging to political parties or
37

independent groups other than the parties to which the PM and the Leader of the Opposition belong.
Getting consensus for the nomination of the person under (f) has proved to be problematic. At present the Constitutional Council is non functional because of this. The Article 41A(f) requires agreement by the majority of relevant MP's and one would expect the Speaker to convene a meeting of the relevant Members of Parliament and Select a nominee on the basis of majority support. However this has not happened. To overcome this problem an additional Sub paragraph (8) to Article 41E has been proposed allowing the Constitutional Council to function in spite of a vacancy provided other provisions such as quorum etc. are satisfied.
The lack of a target date for making appointments by the Appointing Authority is a major deficiency. Lack of provision for ensuring continuity is another deficiency. These are addressed in the proposed amendments to Article 41A where a time period of four weeks is specified and the responsibility for ensuring continuity is placed with the Speaker. Revisions to Article 41C require the Constitutional Council to make nominations at least three months before the expiry of the term of the Independent Commissions.
Under Article 55(3) appointment, promotion, transfer, disciplinary control and dismissal of Heads of Departments are vested in the Cabinet of Ministers. This obnoxious provision was introduced in the 1972 Constitution by the then United Front Government, was continued in the 1978 Constitution by the then UNP Government and now remains in the 17" Amendment. This was not there in the original draft and during the passage of the 17" Amendment in Parliament the writer recalls bringing this

Page 40
fact to the notice of some senior opposition politicians. The writer was informed that both the leadership of the Opposition and the Government at the time had agreed that this clause should be left in. The whole objective of de-politicization originally envisaged in the 17"Amendment has been nullified by this Article 55(3).
An argument that as been advanced by politicians on both sides is that they should have control over Heads of Departments to ensure implementation of their policy. It is unlikely that politicians will agree to total deletion of this Article. The proposed revision makes it mandatory for them to be appointed with the approval of the Public Service Commission.
Under the existing provisions of the 17" Amendment the Elections Commission has power to appoint a Competent Authority to only the Sri Lanka Rupavahini Corporation or the Sri Lanka Broadcasting Corporation if they contravene guidelines issued by the Commission. A criticism that has been leveled is that private media are exempted. The proposed revision brings the ITN and Lake House too under its provisions. As regards the private media, fines are proposed for contravention of the Commissions guidelines. Jail terms are specified for misuse of public property for electoral purposes.
The Judicial Service Commission presently consists of the Chief Justice and two other judges of the Supreme Court with a quorum of two. Readers are aware of the problems this situation has caused and revisions have been proposed to Articles ll 1D and l l l E to enlarge the Judicial Service Commission with the Chief Justice, the two senior most Judges of the Supreme Court and four persons of eminence in the field of law or public service with the quorum increased to three.

38
Out of all the institutions setup under the 17" Amendment the National Police Commission has had the most criticism by politicians in government. Promotions granted by the Commission have been challenged in Courts under fundamental rights provisions. The Commission and the Inspector General of Police have been on a collision course. However the NPC has succeeded in establishing the independence of police officers. Police officers were not subject to transfer or victimization at the whims and fancies of politicians. Politicians were no longer able to sit on the OIC's chair and order the release of detained criminals, as happened in the past.
However it was felt that the Commission would benefit from having a person with police experience as a member and therefore the proposed revision to Article 155B provides for the appointment of one member out of 7 to be a retired police officer of the rank of Deputy Inspector General or above. The IGP is to be invited to all sittings of the Commission as an observer but without voting rights.
In spite of some criticism and the deficiencies the 17" Amendment to the Constitution was a major piece of good governance legislation. The relatively free and fair elections we had recently, the restoring of the independence and self respect of the Police and Public Service are major achievements of this legislation. There is a need to strengthen the 17" Amendment and hence the proposed 18" Amendment to the Constitution and the proposals made are the minimum considered necessary. Perhaps there may not have been a need for a 18" Amendment if politicians had
shown genuine commitment to implement
the 17" Amendment.
Politicians do not like good governance or transparency or accountability. So,

Page 41
politicians have tried to sabotage the 17" Amendment to the Constitution from the day it was enacted. If we allow politicians to corrupt the system and flout the Constitution with impunity we may eventually end up with a dictatorship.
18" Amendment. It is hoped that the JVP which g
Amendment will give their support to the 18" legislation which they helped to
Draft Proposals submitted the OPA, for approval as the 1
A BILL to amend the (
Republic of Sri Lanka.
BE it enacted by the Parli Short title. of Sri Lanka as follows:-
Amendment of Article 41A. 1. This Act may be cit
Constitution.
2. Article 41A of the Republic of Sri Lanka (herei hereby amended
(a) by adding at the end of
"and it shall be the du and effective function action.'
(b) by deleting the wor inserting the words "v that sub-paragraph.
(c) by substitution in Sub of the words “four yea
(d) by adding immediat following new senten
Amendment of "In regard to vacancic Article 41 B. ensure that the vaca
3

The OPA as the apex body of professionals has the duty and responsibility to prevent such an eventuality by giving leadership to civil society groups to ensure full implementation of the 17" Amendment and to strengthen it by the enactment of the
ave so much support for the enactment of the 17"
Amendment to strengthen the good governance
naCt.
by the Committee to the General Forum of 8"Amendment to the Constitution
onstitution of the Democratic Socialist
ment of the Democratic Socialist Republic
2d as the Eighteenth Amendment to the
Constitution of the Democratic Socialist nafter referred to as the “Constitution') is
sub-paragraph (2) the following words
ity of the Speaker to ensure the continuity
ning of the Council by taking appropriate
d “forthwith" in sub-paragraph (5) and within a period of four weeks' at the end of
-paragraph (7) for the words “three years' rS”.
ly at the end of sub-paragraph (8) the :e
s, the Speaker shall take necessary steps to ncies are filled in accordance with the

Page 42
“(5) In rega recommend persons to th expiry of the term of office
(b) by adding to the Sch following new sub-p
“(h) The Provincial
4. Article 41 E of the
immediately after
aragraph (8). Amendment of paragrap (8)
Article 41 E. "(8) Notwithstanding
Council under paragra Council shall be valid Article are satisfied.”
5. Article 55 of the Col replacing Sul
paragraph (3)- Amendment of
Article 55. "(3) Notwithstanding appointment, promotic Heads of Department exercise such powers Commission.”
6. Article 104B of the CC
Amendment of (a) by inserting in Sub-p Article 1 04B. "the Chairman of th following new words Network and Chairm
(b) by inserting in sub
“the Chairman of th following new words Network and Chairm
(c) by inserting at the (
paragraph (6) *(6)(a) The Commis in the Gazette with t

i to any vacancies, it is the duty of the Council to Commissions at least three months prior to the ras Soon as Such vacancy occurs.”
2dule immediately after sub-paragraph (g) the aragraphs
ublic Service Commissions.”
Constitution is hereby amended by adding ub-paragraph (7) the following new sub
a defect or failure to appoint a member of the ph 41A (1)(d), (e) or (f) any decision taken by the and effectual so long as other requirements of this
1stitution is hereby amended by deleting and o-paragraph (3) by the following new sub
the provisions of paragraph (1) of this Article the on, transfer, disciplinary control and dismissal of shall vest in the Cabinet of Ministers who shall
on the recommendation of the Public Service
)nstitution is hereby amended
aragraph (5)(b) immediately after the words
e Sri Lanka Broadcasting Corporation' the “the Chairman of the Independent Television
an of the Associated Newspapers of Ceylon.”
aragraph (5)(c) immediately after the words e Sri Lanka Broadcasting Corporation' the “the Chairman of the Independent Television
an of the Associated Newspapers of Ceylon.”
nd of sub-paragraph (5) the following sub
sion shall publish the directions and guidelines he date of commencement after obtaining the

Page 43
Amendment of Article 11 1D(1).
Amendment of Article 111E(1).
Amendment of Article 155A(1).
Amendment of Article 155B.
approval of Parliamen
(b) Any person or off directions shall begui a High Court be liable rupees or to a term of both such fine and imp
(c) Any operator, prop effect to such guidelin conviction by a High hundred thousand rupt
7. Article 1 1 1D (1) of the by the following new A
“Constitution of the Judicial Service
Comiss
111D (1). There Chapter referred Justice, two mo persons of emin the President, su
Article 1 1 1E (1) is he “two members' of the
9. Article 155A (1) is am sentence the following
“One member of the Co the rank of Deputy Inspe
10. Article 155B is amer (3) the following new
“(3A) The Inspector Gel all meetings of the Comr

by way ofanaffirmative resolution.
cer who fails to comply or give effect to such ty of an offence and shall upon conviction by o a fine not exceeding five hundred thousand imprisonment not exceeding five years or to risonment.
ietor or publisher who fails to comply or give 2s shall be guilty of an offence and shall upon Court be liable to a fine not exceeding five
s
CS.
Constitution is hereby repealed and replaced Article 1 1 1 D (1)-
shall be a Judicial Service Commission (in this to as the “Commission') consisting of the Chief st senior Judges of the Supreme Court and four ence in the field of law or public life appointed by bject to the provisions of Article 41C.”
reby amended by substituting for the words words “three members'.
2nded by inserting immediately after the first
nCW SentenCe –
mmission shall be a retired police officer above ctor General of Police.'
hded by adding immediately after paragraph paragraph (3A)-
heral of Police shall be invited to participate at hission without voting rights.”

Page 44
HISTORICAL PERSPE( GOVERNANCE
Prof.
J. B. Dissanayaka *
The destinies of who govern then three millennia,
the lord (Indra) Prince Vijaya in India about six c remained an isla Sri Wickrama R
The King, as the with the power t the West, the Ki wrong. The ide the epithet dharn stanza that is Sl embodying thei dhammiko: May
In the view ofth who abides by t the Dasa Raja L which the king governs. In Our of good gover principles.
The first of the giving. The kin property but sho
The second prin king should not, must not deceive
The third princ unselfishness.
*Professor Emeritus, University of Colombo (This paper was presented at the 17" Annual Sessions of
 
 
 
 
 

CTIVES OF
a people are determined mostly by the rulers n. The Sri Lankans were governed, for almost by kings who were called narendra or nirindu of the people (nara). Ever since the arrival of this island from the land of Vanga in Eastern enturies before the dawn of the Christian era, it nd kingdom till 1815 when the last of the kings, ajasingha, was captured by the British.
: Lord of the people (narendra), was entrusted ) look after the welfare of the people. Unlike in ng was not a divine being who could do no alking, in the view of the islanders, was given nika in Sanskrit and dhammika in Pali. The Pali ung everyday by the Buddhists of the Island, r wishes, ends with the line raja bhavatu
the King be righteous!
e Buddhists who is a Righteous King? A king he set of Ten Principles of Good Governance: Dharma. These principles define the manner in ought to perform his duties by the people he presentendeavour to discover ways and means nance it will be useful to spell out these
se principles deals with dana generosity in g should not have an attachment to wealth and uld give it away for the welfare of the people.
ciple deals with sila high moral character. The for example, cheat. Steal or exploit others. He the people.
iple deals with pariccaga- self sacrifice or
the OPA on 14"August 2004)
42

Page 45
The fourth principle deals with ajava honesty and integrity, being straight or upright.
The fifth principle deals with maddava gentleness, being gentle and soft.
The sixth principle deals with tapa not given to luxurious living.
The seventh principle deals with akkodha self restraint by control of anger
The eighth principle deals with avihimsa absence of violence.
The ninth principle deals with khanti patience, forbearance and forgiveness
The tenth principle deals with a virodha agreeability If all these ten principles are summed up, they highlight another principle that is upheld by the Buddhists. That is, one should always work for the good of the many bahu jana hitaya bahu jana sukhaya an advice given by the Buddha to his disciples.
The ideal king was also one who struck a balance between two main areas of activity denoted in our Pali chronicles by the words loka and Sasana. The king worked for the Welfare of both the loka and the sasanaloka signifying material development and sa sa na denoting spiritual development.
The Mahavamsa the epic that narrates the work of kings recorded all the work

done by the kings in these two areas of
activity:
The tanks they built for the economic welfare of the people and edifices they built for the spiritual welfare of the people
The tanks and canals that were built produced an irrigation civilization or hy draulic civilization that was unparalleled in the ancient world. It was Tennent, the English author of the famous book'Ceylon' who said:
"No people of any age or country had so great practice and experience in the construction of works for irrigation'
The great stupas that were built at Anura dhapura for the spiritual development of the people such as the Jeta Vanarama, Abhayagiri and Ruvanveli were among the six tallest buildings of the Ancient World the first three being the three tallest pyramids of Egypt. These stupas still remain the tallest brick buildings of the world.
The people, on the other hand, kept a check on the powers of the king to ensure that he remained righteous. This was done in two ways: first - by the insistence on the performance of satya-kriya (an act of truth) by the king. second by the belief that only a righteous king can bringforth rain in due season. The belief in Satya kriya is related to the
moral integrity of the king. Satya kriya or
an act of truth is kind of an oath that Someone particularly a king takes to achieve some difficult objective by the power of his moral conduct.

Page 46
The island's chronicles are full of instances in which the kings have performed Such satya kriya to persuade the gods to give rain in times of severe drought.
The people also believed that rain will come in due season only if the king is righteous. The Pali stanza which ends with the line raja bhavatu dhammiko begins with the line - devo vassatu kalena May rains come in due season. Ifit rained in due season, it would bring forth bountiful crops Sassa Sampatti hetuca and bountiful crops would ensure that the people are happy pito bhavatu lokOca.
This stanza shows the intimate link that exists between rain and the king between rainfall and good governance between water and politics. In order to ensure that it rained in due season the king also kept under his protection that most sacred instrument of rain making the Sacred Tooth Relic of the Buddha, known as the Dalada or Dalada vahanse.
The Sacred Tooth relic of the Buddha is, as far as my knowledge goes, the only religious relic that has acquired political power. It is not just another relic apart of the Buddha's body. It is the palladium of the king the insignia that gave the king the right to rule. The belief of the people was that he who possessed the tooth relic had the power to rule this island.
The political power of the Tooth relic has not yet withered away. It is this power that makes the Dalada Maligavaa Zone of high security. It is a target of the terrorists because they are aware of the

belief among the Sinhala Buddhists that the possession of this relic gives the king power to rule this land. It also explains why the relic was moved from Anuradhapura to Kandy from the first capital of the island kingdom to Kandy the last capital. With the rise and fall of political capitals the Tooth Relic was shifted from capital to capital.
This also explains why the Tooth relic, though a religious symbol, is not housed in a temple Vihara but in a Maligava which is the residence of the king.
It also explains why, even today, presidents, prime ministers and ministers rush to the Temple immediately after they are sworn into power. That this ritual is beyond religious faith is exemplified by the fact that ministers who visit the Maligava include many non-Buddhists.
The procession that is held in the Sinhala month of Esala is in reality a rain-making ritual. It imitates rain the whip crackers symbolizing thunder and lamps symbolizing lightning and the elephants symbolizing rain clouds. It ends with the grand finale the Water cutting Ritual (diya kaepima) which marks the first fall of rain.
Let me conclude by quoting one of our best authorities on go Vernance Deshamanya Vernon B Mendis:
On the whole the nation has reason to be proud of its past rulers as the architects
Of a great civilisation which is rated to be among the finest of its kind and for

Page 47
Preserving and sustaining it for over 2000 years in the face at times of serious
Odds. This achievement is a testament to the exceptional individual calibre of its
Rulers, their creative abilities as well as their abiding commitment to spiritual

45
Values and to the nation and people. The rulers of Sri Lanka can be compared
With the best to be found in other countries, and in some respects they even
Surpassed their peers. (The Rulers of Sri Lanka, 2000)

Page 48
THE ROLE AND RESF JUDCIARY
It is indeed a gr such an august a subject, speciall judicial service Appellate Court of Professional provide me this ( with all of you.
Justice C. V. Wigneswaran/
The word "Judic of Courts or bott “Role and Res would discuss th nature and exten
Let me first deli vis the theme of Responsive Gov responsive gove fails in the prop then that society chaos and anarc have prompted concern, to disc You have divid society to be th Sector and Ci Executive has
arising out of m what the first Executive Presi Sri Lanka. “I ca a woman a man’ fill up the defic referring at le
*Retired Judge, Supreme Court (This paper was presented at the 17" Annual Sessions a
 

ONSIBILITY OF THE
at privilege to be called upon to speak before ssembly of learned men and women on a topical y at the tail end of one's quarter century of first as an Original Court Judge and then as an s'Judge. I thank every one in the Organization Associations of Sri Lanka who has sought to pportunity to share my observations and views
iary” means either a body of Judges or a system h. When we speak today at these sessions of the )onsibility of the Judiciary', we necessarily he part played by Judges in our Society and the toftheir responsibility and accountability.
neate the subject in its properperspective vis-a- these Sessions.-"The Nation, Civil Society and ernance' A Nation needs a refined society and rnance to march forward. If any Society lacks or er understanding of its role and responsibility, would stagnate or would tread a path towards hy. It is the realization of this fact that seems to you, sensitive men and women of erudition and uss such a theme at these Technical Sessions. ed the active participants in the modeling of a e Legislature, Judiciary, State Sector, Private vil Society. Significantly the all powerful been left out probably due to apprehensions islaid constitutional constraints. Let me remind Executive President of Sri Lanka said of the dency in relation to the present Constitution of n do anything except to make a man a woman or . That was what he said. It is not my intention to iencies in the arrangement of your theme by ngth on the role and responsibilities of the
f the OPA on 14"August 2004)
46

Page 49
Executive. To make you realize a short fall in our discussions is all what I seek.
In the onward progressive journey of a Society what role does the judiciary play and what are its responsibilities and to what extent the norms laid down in this regard have been met in the Sri Lankan context and what have been the constraining factors in this connection are some of the questions to be considered in this short presentation.
Constraining factors Let me start with the constraining factors.
The major constraining factor happens to be the attitude of the Executive Presidency itself. Patently from the beginning of the Executive Presidency, but from even earlier, there has been a subtle interference with the appointment process relating to Judges of the Higher Judiciary. An undue tilt towards an intrinsic arm of the Executive has been perceivable. It is in the best interests of the Executive to appoint those individuals who worked in close collaboration with it, to the Higher Judiciary. Experienced practicing lawyers and judges of the Original Court who are proximate to the problems of the people have been overlooked to bring in younger persons who had throughout their professional life-time been concerned with the welfare of the Executive.
This had led to the Higher Judiciary becoming almost an appendage of the Executive rather than an independent, robust and dynamic institution. On account of such Higher Judiciary having control over the Original Judiciary,

cliquism and favouritism per force have entered into the Original Judiciary and it is no secret that Original Court Judges are vying with each other to catch the eye of their protecting patrons to do their bidding.
The feeling that one is an Executiveprotected judicial officer or his or her appendant or adjunct seems to have encouraged Original Court Judges to forget their basic responsibilities and duties. Sometimes efficient and independent officers of the Original Judiciary have been dismissed from service on flimsy grounds while officers with a visibly tarnished record have been retained, protected and promoted. Therefore basically the important constraining factor in the functioning of the Judiciary in recent times has been the undue, indirect and subtle interference by the Executive. It is very necessary that appointments to the Higher Judiciary must be from erudite and impartial senior Original Court Judges and capable practicing lawyers of equal vintage, while the appointment of equally senior members from departments close to the Executive or academic institutions should be the exception rather than the rule. The fact that lawyers from the Official Bar are very young compared to the experienced and aged Original Court Judges has given the former a staying power in the Higher Judiciary which is favourable to the Executive. Out of our Chief Justices since independence, the sole incumbent from the Original Judiciary reached his position through a process of short circuiting rather than in the normal course. There again the Executive was at work but not for any

Page 50
altruistic reasons concerning the judicial power of the people. In fact it must be noted that our Constitution itself is rather vague about the judicial power of the people.
Though the formal attributes of independence of the Judiciary is declared in Article 107 et sequens of our present Constitution, judicial power is not directly or substantively conferred on the Judiciary. Article 4(c) explicitly states that judicial power of the people shall be exercised by Parliament through Courts, thus implying Subordination of the Judiciary to Parliament. There are characteristics in the Constitution to suggest this implication. For example in terms of Article 80(1) a bill becomes law when the certificate of the Speaker is endorsed thereon. Article 80(2) refers to endorsement by the President. Where a bill becomes law upon the certificate of the President or the Speaker as the case may be, being endorsed thereon, no Court or tribunal shall according to Article 80(3) inquire into, pronounce upon or in any manner call in question the validity of such Act on any ground whatsoever. The only opportunity given for challenging the constitutionality of a Bill is under Article 121, within one week of the Bill being placed on the Order Paper of the Parliament. The right of the Judiciary to pronounce on the validity of an Act of Parliament has suffered serious der ogation under the pres ent Constitution.
Judicial power had vested directly in the Judiciary in Sri Lanka for over a century including the right to pronounce on the

48
validity of an Act of Parliament. Independence of the Judiciary in this sense had been one of the fundamental values of democratic Society in Sri Lanka. But in Wijewickrema Vs. A.G. (1982) 2 SLR 775 it was held that the judicial power of the courts in Sri Lanka now lacked jurisdiction to inquire into or pronounce upon the constitutionality of Bills or their due compliance with the legislative process on any ground whatsoever.
The doctrine of separation of powers and the independence of the Judiciary as a cardinal feature of dem o cratic government has little meaning if judicial power is not vested directly in the Judiciary as it prevailed earlier, including the right to pronounce on the constitutionality of a statute. The limits placed by the present constitution in this regard are a serious impediment to the function of the Judiciary of delivering justice to the people who by the terms of the constitution are sovereign. A judiciary bereft of its traditional substantive independence but subordinate to the Legislature, would not inspire confidence of the public in the Judiciary. The image of the judge as the repository of the conscience of the people will be seriously tarnished. Furthermore, under the present constitutional provisions there is nothing to prevent the Parliament passing legislation even directing the manner of exercising the ju dicia i power or ad hominem legislation.
Thus, while the Executive controls appointments, the Legislature has been

Page 51
clothed with the power to inhibit the judicial power of the people. The next constraining factor is the lack of funds. Management level judicial officers have been forced to do the politician in order to obtain finances for the upkeep of Courts, for the opening up of new Courts, for the continuous education of Judges and so on. Dependency on the Executive and the Legislature for such funds further compromises the independence of the Judiciary.
A Fund to draw from, which would give the Judiciary self -reliance and independence untrammeled by the whims and fancies of the Executive or the Legislature would give autonomy to the Judiciary, which would go a long way in creating a Judiciary uninterfered, independent and impartial.
Thirdly, the present method of recruitment of judicial officers appears to be a limitation on its smooth functional efficiency. A rethinking with regard to the manner of recruitment of members to the Judiciary both Higher and Original is urgently needed. The feasibility of recruiting raw juniors with a few years' practice at the Bar to magistracies and other original judicial offices need to be reconsidered. It is only lawyers who have practiced in the Official or Unofficial Bar for a minimum period of 6 years or more who should be considered for appointment. There is nothing wrong in lawyers from the Official Bar joining the Original Judiciary in great numbers after such minimum period of practice. By the time they reach the Higher Judiciary they would have imbibed a plebean slant as

49
opposed to an Executive oriented bias. The practice of arbitrarily equating a position in the Official Bar without considering their age or experience to an office in the Original Courts' judicial hierarchy must be given up. The Attorney General should be placed in par with the President of the Court of Appeal rather than the Chief Justice. After all it was the present Court of Appeal which took over the functions of the highest Court under the 1972 Constitution when the present Constitution was enacted. Appointing Attorney Generals as Chief Justices prolongs the hold of the Executive over the Judiciary.
It must be remembered that the characteristics essential for a Judge is quite different to what is expected of a State Officer. A Judge should be able to listen rather than argue. Many years ago Lord Chancellor Bacon said "An over speaking Judge is no well tuned cymbal'. A Judge should be able to empathize with the travails of litigants rather than treat them with callousness and prejudice. Once a Superior Court Judge told the Petitioner's lawyer even without
hearing the case of the petitioner "Your
client must have done Some wrong to attract a Police beating. He must have deserved it. Why do you come and harass us?” The Judge's background and conditionings were pretty patent. Further, an argumentative but successful lawyer may not necessarily make a good Judge.
A judge should be interested in justice and fair play rather than the projection of his or her erudition and ego. It was Lord Atkin who said in a case reported in 1942

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Appeal Cases 206 at page 244 as follows:
"I view with apprehension the attitude of judges who on a mere question of construction when faced to face with claims involving the liberty of the subject show themselves more executive minded than the executive...it has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting that the judges are no respecters of persons and stand between the subject and any attempted encroachments on his liberty by the executive....”
I would therefore submit that the recruit ment, remune ration and management of the Judiciary is in need of urgent rethinking if our Nation is to progress and proper.
The Role and Responsibility of Judges Let me now come over to the role and responsibilities of a Judge having dealt with some of the inherent restricting conditions faced by the Judiciary in Sri Lanka today.
Judges are often portrayed as the conscience of the people. This presupposes the association of judges with an ideal of justice. Though judges are no doubt expected to deliver justice according to law, there is nevertheless an expectation that to achieve true fulfillment of life, law must conform to justice. Therefore in adjudicating disputes judges must observe certain norms - e.g.
(i) ajudicial officer should not be a judge in his own cause, directly or indirectly.

50
(ii) a judicial officer should be free
from bias. (iii) a judicial officer must be
impartial. (iv) a judicial officer should not discriminate between parties before him or her. (v) a judicial officer should be above
corruption. (vi) a judicial officer must not only be
just but must appear to be just.
The image of judges for a longtime in the public mind had been that they naturally conform to these norms. But the image of judges have been tarnished by the influx of young ambitious judges with personal agendas who have been prepared to jettison some of the time tested norms for sake of their personal glorification and selfish motivations. That has been most un fortunate. Because, when the uprightness, morality and honesty of a judge are questioned, Judiciary would sufferas a whole.
There has been a tendency in recent times on the part of some judges to view their role like Lord Chief Justice Parker as to be “the han d mai dens of the administration rather than its governor' since they have felt that their duty was to “ faci li ta te the objec t ii v e s o f administrative action as approved and authorized by Parliament'. May be Article 4(c) of our Constitution expects just that. Yet we must remember that judges are not and should not be rubber stamps of the administration. Being so, for the crumbs thrown from the plate of the Executive or Legislature is certainly inexcusable. Judges should perform a

Page 53
creative role not an auxiliary one. But their roles are no doubt subject to great restraints. Judges cannot and should not cast off all those restraints despite performing a creative role. If they do they are likely to lose the confidence of those who would ultimately be affected by their judgments. It must not be forgotten that judges are in fact highly accountable to the public for their activities. Justice Kirby, President of the New South Wales Court of Appeal in Australia put it Succinctly thus
“We are and have been for a long time the most accountable branch of Government in one sense. Our decisions are made in open court. I spend the greater part of my working life performing my daily duties in public. That is not something that occurs in most fields of activity. Certainly not in the bureaucracy. As well as that, decisions of the court go through a whole range of review from the lower courts to the highest court in the country and in that sense can be openly exposed, criticized, commented upon and justified in reasoned decision-making”
We must therefore remember that Courts are called upon to perform their functions in public and may therefore be attacked by the politicians, the media and by any person in the community. We have no right to react to such criticism so long as our intentions and reasoning's have been above-board. The limited restraints imposed by the laws of contempt should hardly be resorted to unless the dignity and integrity of the Court as a whole is put injeopardy or “the course of justice in the

proceedings in question will be seriously impeded or prejudiced”. If we judges are able to perform our duties with detachment, we would not need to spend our time chasing after public opinion polls Public scrutiny of the judiciary constitutes a democratic check on judges who are not elected. We are after all trustees of the common weal. Fair criticism of judicial acts must not attract unnecessary punishment. It was Lord Atkin again who said "Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary
99
mem .
A Judiciary which is simply the hand maiden of the other arms of the government would not have any valid role to play in law making. Therefore judicial independence is very essential.
Judicial independence depends on three important facts -security of tenure, institutional independence and financial security. That is why to ensure security of tenure it has been regulated that judges of the Higher Judiciary could be dismissed only by extra ordinary and public mechanisms. Similarly judges of the Original Courts too should have a fair chance and transparent mechanisms when dealt with for indiscretions. Any attempt by the Higher Judiciary to make the Original Court Judges subservient and inactive, to force them to conform to pre-planned selfish agendas would ultimately affect the quality and credibility of the Judiciary as a whole. Dividing the Original Judiciary into those for or against any of the officers of the

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Higher echelons of the Judiciary and the Systematic decimation of those seemingly against would affect the independence and the security of tenure of the Original Court Judges. Independent, robust and impartial applicants from among lawyers would then shun offices in the Original Ju di ciary. Thus instituti o nal independence at any rate must be preserved. Judges should not be beholden to any other Source of community power nor Subordinate to any sectional interests such as professional interests, political interests, business interests, trade unions and the like.
There was a time when financial security of judges was not maintained. At Such period, judges faced inevitable pressures resulting from financial dependence. But later, Administrative and Executive baiting of judges with increased emoluments and allowances was resorted to. It was with the people's monies such exercises were attempted, with the Executive expecting a quid pro quo response from the Judiciary for the socalled financial and other favors granted. But when the Judiciary accepted its lawful dues and yet stood its impartial ground, the then Executive resorted to impeachment against the then Chief Justice Mr. Neville Samarakoon, an upright and fearless judge. Such has been the relationship between the other arms of government visa vis the Judiciary.
Any amount of codes of conduct prepared to promote high ethical and professional standards among Judges

52
would serve no purpose if those in charge have double standards. Example is the best educator. It was once said of Judges thus “Because judges are like priests they have virtues of a monastic order. They are in corruptible and conscientious'. That was the expectation of the society at large.
The role of the Judge and his responsibility are intricately intertwined with morality and honesty not with brilliance and cleverness. Clever and brilliant lawyers are there to guide a Judge. The responsibility of a judge is to be conscientious, honest and moral. His erudition could be cultivated.
The ancient kings of Sri Lanka had all three functions of government jointly vested in them. The Executive, Legislative and Judicial power of the people were vested in the king. But there was something above the king it was the Law or Dharma. Dharma stood like the Sword of Damocles over the kings. They feared retribution if they were imprudent or injudicious. Today the combined functions of kings had given way to separation of powers. The proximity to law and Dharma in its daily use is proximate to the Judiciary today rather than the other limbs of Government. Ancient Law giver, Manu, said that Dharma punishes those who swerve from righteousness more so those wielding power over others. Necessarily we have to conduct ourselves with impartiality, decency, decorum, responsibility and poise. Hence the professional standards expected of Judges happen to be more exacting and Stringent and unless those

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who hold judicial office are able to understand their role and responsibility and strive to achieve excellence in this regard, public expectations would greatly be affected. When justice suffers between man and man, the doors of growth and prosperity would close and discontent, disaffection and mass anarchy would set 1.
Judges must realize their functional role holistically. They are not mere officers attending to routine functions. They carry with them the conscience of the society. If Law Courts are not given to honesty, integrity, sincerity and devotion in their service to the Society, then no civilized Society would tolerate the infringement of their natural instincts of justice. For example, corruption in other departments of life cannot be removed until the Judiciary itself was free from that blemish. In every aspect of behaviour the judges must act in an exemplary fashion. Any type of compromise would have adverse effect on the Judiciary as a whole.
Therefore a truly independent and strong judiciary is not merely in the interests of

the people and a safeguard of their rights. Such a Judiciary is of paramount importance to the political system, to its stability and health. It can give timely indications and warnings to the administration and the people, of future conduct conducive to orderly Society. An inhibited judiciary, a frustrated judiciary on the other hand, may well lead to instability, administrative lethargy and thereby install confusion in the public mind. The role and responsibility of judges in arresting errant political trends, in protecting the rights of the people, promoting general welfare, furthering harmony, promoting exemplary ethical and moral standards cannot begainsaid. Let me conclude this short presentation with a couplet from Thirukural produced nearly 2000 years ago by the Tamil Savant Thiruvalluvar
சமன் செய்து சீர்தூத்குங் கோல்போல் அமைந்தொநபால் கோடாமை சான்றேர்க் கணி.
"The hallmark of the noble erudite is to be unbiased and impartial just like the beam of a balancing scale Standing upright in the centre.

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THE PROFESSIONAL CONTRIBUTION TO AND "SUSTANABLE
I will to talk to y Prof. including a fav Mohan development". It Munasinghe* fulljustice to all til
My presentation a
li Which criteri governance is cru 2. What the key c the “Sustainomic 3. How professi Sri Lanka, in the c
Starting with the “A professional science or learni a). Good profess abilities--strivin the first pre-requi b). Making deve professional worl c). A wider pe practice, that goe the economic, so
Governance is t through the exc scientific author development, an problems today.
There are a num ensure good go honesty, integrit ethics, participat Mark Fernando many of these to values, standard corruption and degradation, and * Former Senior Energy Advisor to the President (This paper was presented as the Guest of Honour at til
 

S SOCIETY,
DEVELOPMENT".
pu about the professional's contribution to society, sourite topic of mine which is “sustainable is a wide subject area and I will not have time to do le issues.
ddresses three key questions: a should guide professional life and why good cial for Sustainable development. hallenges of sustainable development are, including s' framework which provides abroader view. onals could make development more sustainable in ontext of future development scenarios.
FIRST question, a dictionary definition states that is one who practices some branch of advanced ngi. This raises several points. ionals practice their professions to the best of their gfor excellence within our own area of knowledge is site. lopment more sustainable (MDMS) requires sound ( and good governance. rspective is needed for sustainable professional S well beyond mere scientific knowledge, including cial and environmental aspects
he management of a nation's affairs at all levels rcise of political, economic, administrative and ity. It is an indispensable element of sustainable d poor governance is at the bottom of most of our
ber of professional qualities and criteria which will vernance, including effectiveness, accountability, , transparency the rule of law, impartiality, a code of ion and empowerment, fairness and equity. Justice will undoubtedly be better able to enlighten us on pics. Poor governance has led to a decline in social and trust, anti-social behaviour, productivity losses, wastage, unemployment, inflation, environmental
other socio-economic and environmental harm of Sri Lanka e 18th Annual Sessions of the OPA, on 5" Aug.2005)
54

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The important point for professionals is to remind ourselves that governance is not the sole preserve of the State. We need to speak out more for good governance as the OPA has been doing splendidly. Professionals have to demand higher standards of themselves and others. At a time when violence, thuggery and intimidation are undermining our critical Social institutions, we need to Stand up for our ethical and moral values. We have to reduce paternalism, micro management, corruption, and excessive interference particularly by the government. We have to provide leadership in building the social consensus and we certainly have to show greater activism in government, business and civil Society - by participating more actively in decision making, even though we are not called upon to do so.
Turning next to the SECOND question, sustainable development is important because it affects every human being and living organism on the planet. It is relevant for both developing and industrialized countries, although I will focus more on the former.
The global development community is looking for new solutions to traditional development issues such as economic Stagnation, persistent poverty, hunger, malnutrition, and illness, as well as newer challenges like environmental degradation, globalization and privatisation. One key approach that has received growing attention is the concept of sustainable development or 'development which lasts'.
The commitment of world leaders to sustainable development are enshrined in many international agreements, including

55
Agenda 21 signed by all nations at the 1992 United Nations Earth Summit in Rio de Janeiro, the 2000 Millenium Development Goals (MDG) agreed at the United Nations in New York, and the WSSD goals of the 2002 World Summit on Sustainable Development in Johannesburg. This focus will continue with the UN Millennium Summit which will take place in September 2005 in New York, where over 150 Heads of Government will participate, and I am helping to prepare one of the policy papers for this meeting.
The Millenium Development Goals (2000) seek to:
a) Eradicate extreme poverty and hunger b) Achieve universal primary education c) Promote gen der equality and
empowerment d) Reduce child mortality e) Improve maternal health f) Combat HIV/AIDS, malaria and other
diseases g) Ensure environmental sustainability h) Develop a global partnership for
development
The WSSD goals (2002) are similar and fall under WEHAB framework (i.e., water, energy, health, agriculture, and biodiversity). In order to meet these various global goals, the following sustainable development challenges must be addressed,:
a) Alleviate poverty for the 1.3 billion people who live on less than $1 per day and the 3 billion people who live on less than S2 per day
b) Provide adequate food, especially for the 800 million people who are malnourished today this will require food production to double in the next 35 years without further environmental degradation, e.g., deforestation

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c) Provide clean water for the 1.3 billion people who live without clean water and provide sanitation for the 2 billion people who live without Sanitation
d) Provide energy for the 2 billion people
who live without electricity
e) Provide a healthy environment for the 1.4 billion people who are exposed to dangerous levels of outdoor pollution and the even larger number exposed to dangerous levels of indoor air pollution and vector-borne diseases
f) Provide safe shelter for those that are exposed to civil strife and environmental degradation, and those vulnerable to natural disasters.
The dictionary definition of the word "sustainable", usually applies to an activity which is persistent or prolonged. The word also relates to the resilience, viability and health of organisms and systems. Thus in the context of our discussion we are talking about the sustainability, or the good health and long life of our global ecosystem, as well as the individuals and nations (like Sri Lanka) which are embedded in it. Next let us look up the word "development" which has many meanings. In the context of a national economy what is broadly meant is the improvement of human well-being and the quality of life. If we put the two words “sustainable development” together, it is necessary to take the widest possible view - to examine the effects of human activity over a long period of time, and over a wide geographic area. It is also important to recognize the complexity of interactions among large physical, ecological and socio e conomic Systems, and the uncertainties and gaps in human knowledge.
Current thinking can draw on the experience of several decades of development efforts. Historically, the development of the

56
industrialised world focused on material production. Not surprisingly, most nations have pursued the economic goal of increasing output and growth, during the twentieth century. By the 1960s the large and growing numbers of poor in the developing world, and the lack of "trickle-down" benefits to them, resulted in greater efforts to directly improve income distribution. The development paradigm shifted towards e qui ta ble growth, w h e re s o c i al (distributional) objectives, especially poverty alleviation, were recognised as distinct from, and as important as economic efficiency. Protection of the environment has now become the third major objective of development. Through the 1970s, a large body of evidence accumulated that environmental degradation was a major barrier to development, and new proactive Safeguards were gradually introduced (such as the environmental impact assessments). Thus, the concept of sustainable development emerged in the 1980s to encompass three major points of view Social, economic and environmental.
Although there is no shortage of agreements and no shortage of targets, what we lack is action. I am afraid that this is very much the situation in Sri Lanka also, and I would encourage our professionals to be more active in de c is i o n maki ng and implementation.
We can address the challenges of sustainable development using the SUSTAINOMICS framework, which I have developed over the past 15 years. This comprehensive approach draws on the following core concepts and basic principles: (a) Making development more sustainable (MDMS) The step-by-step approach of “making development more sustainable' (MDMS) becomes the prime objective, while Sustainable development is defined as a

Page 59
process (rather than an endpoint). During the last 15-20 years we have been bogged down by a sterile debate on what exactly sustainable development is. Since the precise definition of sustainable development remains an elusive and perhaps unreachable goal, a less ambitious strategy that merely seeks to make development more sustainable does offer greater promise. Such an incremental (or gradient-based) method is more practical and action oriented, because many unsustainable activities are easier to recognize and eliminate. This is like trying to climb a mountain even if the peak is covered with clouds and invisible. As long as one keeps walking uphill one hopes to get closer to the peak. Although MDMS is incremental, it does not imply any limitation in scope (e.g., restricted time horizon or geographic area see item (c) below).
(b) Sustainable development triangle and balanced treatment Sustainable development requires balanced and integrated analysis from three main perspectives: Social, economic and environmental. Each viewpoint corresponds to a domain (and System) that has its own distinct driving forces, objectives, and capital Stocks.
The economic domain is geared mainly towards improving human welfare, primarily through increases in the consumption of goods and services. Economic sustainability seeks to maximize the flow of income, while maintaining the stock of assets that yield these benefits. The environmental domain focuses on protection of the integrity and resilience of natural systems, which are threatened by depletion, pollution and bio di versity loss. En vir o n m en tal sustainability prizes the ability of Such systems to withstand external shocks and adapt to change. The social domain emphasizes the enrichment of human relationships and achievement of individual and group aspirations. Social sustainability is

57
people-oriented and seeks the preservation of cultural diversity, greater equity, reduction of conflicts, social inclusion, participatory decision making and pluralism.
There are three types of capital associated with these three domains and professionals have a key role to play in maintaining them all economic capital like roads, buildings and power plants, natural capital like air, water, forests and land, and social capital. Social capital is essentially the glue that binds Society together, including culture, values, behavioural codes, and institutions. I would commend the work that the OPA has done to maintain our social capital. We need a balance among various assets. If we focus only on one and neglect the others then development becomes unsustainable. For example, a city may be rich in economic capital with tall buildings and wide streets, but if a woman cannot walk the streets for fear of rape or molestation then it is very lacking in Social capital. Sustainomics promotes continuing improvements in the quality of life, while leaving behind for future generations, an undiminished or enhanced stock of economic, social and environmental capital.
(c) Transcending conventional boundaries for better integration
The analysis transcends conventional boundaries imposed by discipline, space, time, Stakeholder viewpoints, and operationality. The scope is broadened and extended in all domains, to ensure a comprehensive view. Trans-disciplinary analysis must cover economics, social Science and ecology, as well as many other disciplines. Spatial analysis must range from the global to the very local, while the time horizon may extend to decades or centuries. Diverse stakeholders from the government, private sector and civil society should participate equally, and the analysis needs to encompass the full operational cycle from data gathering to practical policy implementation and monitoring of outcomes.

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As professionals, we need to take the lead in transcending the boundaries of discipline, and cut across the narrow cylindrical areas or boxes of our own disciplines, to an integrated approach. We certainly need to take a longer term and wider geographic view, to transcend the boundaries of space and time. Professionals also have a very key role particularly in transcending the boundaries between stakeholders e.g., government, business and civil society. We tend to leave governance to the State, but civil society and the business community also has an important role to play. The MDMS approach encourages full collaboration of the three main groups of actors government, business and civil society.
(d) Full cycle application of practical analytical tools A variety of practical analytical tools facilitate governance over the full cycle from initial data gathering to ultimate policy implementation. Two complementary approaches based on “optimality” and “durability” may be used to integrate and synthesize across economic, social and environmental domains, within an integrated assessment modelling framework. An issuespolicy mapping method helps to translate actions in the environmental and Social . domains, into the conventional national economic planning and implementing mechanisms within line ministries and departments. Restructuring the pattern of development to make economic growth more sustainable is explained through a "policy tunnelling” model, especially useful in developing countries, where poverty alleviation will require continued increases in income and consumption. Other tools include the Action Impact Matrix (AIM), integrated national economic-environmental accounting (SEE A), su sta inable de velopment assessment (SDA), environmental valuation, extended costbenefit analysis (CBA), multi-criteria

analysis (MCA), integrated assessment models (IAMs), and so on. A range of sustainable development indicators help to measure progress and make choices at various levels of aggregation.
Poverty and equity are two important issues addressed in the Sustainomics framework through the Social, economic and environmental dimensions. Recent worldwide statistics are compelling. Billions live in abject poverty. The top 20 percentile of the world's population consumes about 83 percent of total output, while the bottom 20 percentile consumes only 1.4 percent a ratio of over 50 to 1. Income disparities are worsening the per capita ratio between the richest and the poorest 20 percentile groups was 30 to 1 in 1960 and over 80 to 1 by 2000. In poor countries, up to half the children under five years of age are malnourished, whereas the corresponding figure in rich countries is less than 5 percent.
Both poverty and equity are assessed using a comprehensive set of social, environmental and economic indicators (rather than income distribution alone). From an economic policy perspective, emphasis needs to be placed on expanding employment and Sustainable livelihoods for poor people through growth, improving access to markets, and increasing both assets and education. Social policies should focus on empowerment and inclusion, by making institutions more responsive to the poor, and removing barriers that exclude disadvantaged groups. Environmentally related measures to help poor people might seek to reduce their vulnerability to disasters and extreme weather events, crop failures, loss of employment, sickness, economic shocks, etc. Thus, an important objective of poverty alleviation is to provide poor people with assets (e.g., enhanced physical, human and financial resources) that will reduce their Vulnerability to external shocks.

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We now come to the THIRD question concerning future prospects for Sri Lanka and what we as professionals might contribute. Table 1 shows some key intercountry statistics in 2000. The human development index (HDI) summarises development status, and Sri Lanka does well. For example, Sri Lanka and Morocco have similar GDP capita income, but we have a higher HDI because our other indicators like life expectancy and literacy are better. We have a higher HDI than South Africa, although their GDP per capita is 3 times greater. However, we are well behind industrial countries like the USA.
Table 1. Key inter
Hundr GDP Life
Develop- Pes Expect
Menf Copitol Oncy o
Index (PPPS) Birth
(HDI) (Yrs)
Sri Lanka || 0.74 3,570 72.5
MoroCCO 0.62 3,810 68.5
S. Africa 0.666 10,070 48.8
USA O.939 35,750 77.0
**1999 Source: UNDP Human Development Report 2004
Table 2 shows comparative indicators in the SAARC region. Again, Sri Lanka is ranked 1 or 2 in most areas (shaded figures). However, there are no grounds for complacency. If Sri Lanka's GDP per capita grows at 6% per year (as planned), it will take us 10 years to reach the level of Thailand, 20 years to catch up with Malaysia, 40 years to match Korea, and over 60 years to approach Singapore.

Projected growth curves for indicators in key sectors like electricity, transport (vehicles), telephones (with annual growth rates of 8%, 10%, and 13% respectively), indicate similar catch-up periods. Urbanization is following Very much the growth pattern of other countries, with declining in rural populations. Degradation of land, water and (urban) air will continue.
I will complete my presentation by repeating what I said at the beginning. We need professional excellence and good governance for sustainable development. We need to take a very much broader view than just a narrow disciplinary perspective. The solutions that we adopt must address the
ountry statistics (2000)
% Populotion with no occess to
t
ACUit Literacy SOfe Affordoble SaniWOfer eSSernfiCl fOfiOn (%) drugs. *
92.1 23 O-5 6
50.7 2O 21-50 32
86.0 14 6-20 13
99.0 O O-5 O
economic, social and environmental dimension of Sustainable development, and we ought to be aware of their limitations. Finally, while professionals and academics will continue to provide intellectual leadership, they must also pay a key role in the Search for better governance and the formation of new coalitions for Sustainable development. The task of governance is the

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task of us all -- the government, business community, and civil society -- and we as professionals have a duty and an obligation to be much more active in all three sectors.
Table 2. Key inter-S
Sri Lanka || Maldives || Pal HDI (HD Rank) 752 (84) 49, GDP per capita
194 Gini Index 33 Life expectancy 72.5 67.2 60. Adult Literacy ны
Rate (%) & 41. Infant Mortality - a (per 1000 births) 19: 77 107
ACCeSS to afford. essen. drugs (%). 95-100 50-79 50
Physicians (per
100,000 people) 43 78 68
Sanitation ی
(% access) 94 56 62
Safe water
(% access) 77 100 90
Energy Use (kg
of oil per capita !"ჯYუYX na 3.8
= Rank 1
Source: UNDP Human Development Report 2
Let me venture several brief predictions here:
First, I feel that the 21" century belongs to Asia. There have been a number of books written on the remarkable resurgence among the nations of South and East Asia, and this momentum will carry us forward into the next century. Second, I believe that Sri Lanka can, and will have a leading role to play in this great movement. Although we are financially poor, our nation is rich in human resources, and we will participate
 
 
 
 
 
 
 
 

fully in the resurgence of Asia. Finally, I am convinced that you, the leaders of the professional community, will be in the vanguard of those who will guide us into this bright new millennium.
AARC country statistics
kistan 1 İndia B-desh Nepal Bhutan
(142) 595(127) 509(138) 504(140536(134)
.0 2670 1700 1370 1969
32.5 31.8 36.7 a
8 63.7 61.1 59.6 63.0
5 61.3 41.1 44.0 47.0
93 77 91 94
79 O-49 50-79 0-49 80-94
51 23 5 5
28 48 28 70
84 97 88 62
-4.4 9.7 3.5 na
F Rank 2
004
Let me conclude with an ancient Pali stanza
used as ablessing in Sri Lanka: “Devo Vassatu Kalena Sassa Sampati Hetu Ca Phito Bhavatu Loko Ca Raja Bhavatu Dhammiko”
"May the rains come in time,
May the harvests be bountiful May the people be happy and contended May the ruler be righteous'
You can see that even in ancient times, the basic elements of sustainable development -- a favourable environment, economic prosperity, social Stability, and good
governance were well recognized. 60

Page 63
UPPERKOTMALE HYDRO POWER PRO
Eng. The Upper Kotma
formulated throug S'havi Janban Internatio1 Fernando* p
assistance. Follo
services (E/S) Government of Economic Coop provided funds Impact Assessm completed in 199: of Forestry and Environmental A Board (CEB) to adoption of the pl the Secretary in N Gazetting of the
National Environ Monitoring) Regu Sri Lanka's elect average rate of 7 continue in the foi of demand for
Expansion Plan
commissioned in In this project v Talawakelle, into
tunnel (length 12 located at about l Oya and Kotm, Reservoir). At th diverted to be ut Talawakelle regu headrace tunnels.
* Deputy General Manager, Upper Kotmale Hydro-Po
 

JECT
ale Hydropower Project (UKHP) was initially gh the feasibility study (1985-1987) under the hal Cooperation Agency (JICA) technical wing the feasibility study, the engineering loan, was signed in 1992 between the Sri Lanka (GOSL) and the then Overseas ration Fund (OECF) of Japan. This loan for the Conceptual Design, Environmental ent, and the Final Design, which were 5. In March 2000, the Secretary of the Ministry
Environment in terms of the National ct issued an order to allow Ceylon Electricity implement the project subject to the strict oposed mitigation measures. The decision of March 2000 was further strengthened with the
mental (Upper Kotmale Hydro-power Project ulations No. 1, 2003. ricity requirement has been growing at an -8% annually, and this trend is expected to reseeable future. To meet the high growth rate electricity, CEB's Long Term Generation for 2002-2016 envisions this project to be the year 2008. water of Kotmale Oya will be diverted at the headrace
2.5 km), and then to the powerhouse, which is
km downstream of the confluence of Pundal ale Oya (the upstream end of Kotmale e same time, water of six tributaries will be ilized for the generation by connecting with lation reservoir through diversion tunnels and
wer Project, Ceylon Electricity Board
51

Page 64
Principal features of the Proiect are as fo
Type
Water levels
Full Supply Level (FSL) Minimum Operating Level (MOL
Normal tail water level
Effective Storage Capacity, Reservoir Area Maximum plant discharge
Head
Maximum gross head Net head at full operation
Installed capacity Annual energy Plant factor
Note: mmsl meters above mean sea level; GWh: M
A 220 kV double circuit transmission line will convey the electricity to the existing Kotmale Switchyard with a 17.5 km length of transmission line.
The Basic Project Cost is Million USS 280 and the Project Cost with Interest During Construction, Taxes, and Escalation is Million USS 384. The Construction Period is 6 years
Impacts on Waterfalls
The main concern of the project is the impact of this project on the water falls. The flow of water over four waterfalls and one cascade downstream of the project site will be reduced. These water falls are Devon, St. Clair's, Puna,

blows :
Run-of-river type with a regulating pond
1.194 mmsl 1,190 mmsl 703mms
0.8 MCM, 0.25 kmo
36.9 m/s
491 m. 473 m.
150 MW, (75 MW x 2 units)
528 GWh
40%
(illion Units of electricity, MCM: Million Cubic meters
62
Ramboda and St. Andrew's Cascade. The CENB has proposed several mitigation measures to minimize the impact on these water falls based on investigations carried out by the CEB and evaluation of the impacts on scenic view of the waterfalls. The mitigation plan for impacts on Scenic views of the waterfalls proposed by CEB areas follows:
Devon Oya Waterfall
Water will be discharged for 10 hours during the daytime. This will enhance the visual beauty of the waterfall. During the dry season the water fall becomes mere treacle and this happens for about 75% of the time of the year which co-insides with the tourist Season. With the

Page 65
implementation of the project, we are in a position to store water during the night time and release during the day time enhancing the quantity of water to the water fall during the day time in the dry period as well. This we are in a position to achieve about 92% of the year during the daytime. This impact mitigation measure will make it worthwhile for tourists to view the beauty of the waterfall.
St. Clair Waterfalls
It is proposed that water be discharged intermittently 10 times during the day for half hour periods each time during each hour, This impact mitigation measure will make it worthwhile for tourists to come to view the beauty of the waterfall. This commitment can be met for 98% of the tien the year during day time.
Puna Oya Waterfalls
The falls are composed of two tributaries; and, the one on the left side is not affected. The catchment area of the fall on the right will be reduced to 21%. The fall, therefore, will continue to exist so that mitigation measures will not be necessary.
Ramboda Ova Waterfalls
The catchments area remaining will be 42% of the present scale, so that the waterfalls will continue to exist and mitigation measures will not be necessary.

3
Pundal Oya Waterfall
The waterfall will not be affected. The water-flow downstream of the fall is to be pumped up and used for power generation.
St. Andrew's Cascade
This cascade has a catchment area of as small as 3.3 km and will reduce its flow to a very small quantity. Being located where it is, even now it is difficult to access, there will be no concern from the standpoint ofsightseeing.
Environmental and Social Benefits
The development of the Upper Kotmale Hydro Power Project (UKHP) will upgrade the Socio-economic situation in this area. The UKHP will provide the lo c al area with a number of environmental and social benefits both during the construction phase and operation phase. While the local social benefits will be largely confined to the area around Talawakelle town, the wider benefits of watershed management will extend to the whole of the Upper Kotmale basin.
Re-settlement
The planned reservoir development will relocate up to an estimated 496 households. In addition, it will relocate a School, a theatre, a rest-house and Urban Council offices and a number of

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workshops and other business (about 56). In addition to that, there are about 10 community structures such as kovils, churches, community centres etc. The resettlement program will provide for the replacement of all these structures with improved buildings on sites selected by the communities. The majority of households live in line-room type houses. Around 72% of households live in accommodation with less than 400 square feet of floor area who will be provided with a house f minimum of 500 Sq. Ft.. The re-settlement programme will be based on the principles that, all settlements will take place within the Urban Council limits and hence within an acceptable distance of their original settlement areas., each individual Subcommunity will be offered the opportunity to resettle together in a clearly defined area, avoiding community fragmentation and maintaining ethnic balances and existing social networks; all households will be provided with housing and services that are significantly better than their presettlement conditions; the settlement plan has been prepared through a process of consultation with the local communities and with the re-settlement committee.
The project will also have positive impacts on the local communities, providing opportunities for improved social and economic development. lt will stimulate the local business growth with opportunities related by the presence of construction camps and increased local disposable incomes. The local youth will

64
be provided with skills development training and other income enhancement programmes. The project will provide the opportunity to make significant improvements to the Social and economic environment of the local communities. The business community also expects Some benefits due to local tourism from the reservoir landscape, attracting people to use restaurants and other facilities, in the town. Some of the construction camp facilities will be transferred to community use. These may include clinics, restaurants, shops etc. The project will furnish infrastructure development including roads, electricity, telecommunications, water supply, clinics, and garbage disposal facilities etc. These improvements will certainly enhance continuing development of the
aCa.
Based on the very attractive financing terms obtained at 0.95% interest per annum and ten years grace and thirty year repayment, a unit cost of electricity can be produced (a) SLRs. 0.68per kWh. during the first two years of operation and (a) SLRs.2.50 to 1.08 per kWh thereafter for the next 30 years. Hydro Power is the only indigenous commercially proven source for electricity generation. Hence, it is important that Upper Kotmale Hydro Power Project is implemented for greater security of supply.

Page 67
SRI LANKA: A NATION IN PERL
Introduction
Prof: A.D. V
Sri Lanka is a coul de S. Indraratnal
of Government a policies than m behind them toda there a way out frc am going to exami
Even though I ha experienced from begin my Story fï 1948.
The Time of Ind When we gained shaping our own
economically pro other Asian count recovered from th Lanka had a per purchasing powel have been even m US $947 (2003 at capita income of Asia. The commo balance of trade
positive, and ext unemployment or For instance, wh employment, the ( Revenue (then I Ceylon. (I opted f
The economy wa price control and were no scarcities a high income co looking up to Sri L
President. Sri Lanka Economic Association (This paper was presented at the 17" Annual Sessions o
 
 
 
 
 

ntry which has experimented with many more forms ind many more different packages of economic ost countries of our region. Yet she is very much y. What has gone wrong? Is our nation in peril? Is m the present impasse? These are the issues which I ne in this brief presentation.
ave seen, and lived through, what Sri Lanka has the Great Depression in the thirties to date, I shall om the time she gained Political Independence in
lependence
Independence from the British, with the task of destiny vested in us, Sri Lanka (then Ceylon) was sperous and politically stable. It was much ahead of ries, including Japan which had up to then not fully e devastation caused by the Second World War. Sri capita national income of US $ 120 (at the 1948 of the dollar compared to to-date's, this might ore than her present per capita national income of current prices). It was much higher than the then per the other countries of South, South East and East dity terms of trade were then very favourable and the was in surplus. The Balance of Payments was ernal assets were accumulating. There was no inflation to worry about and no poverty to speak of. en I graduated in 1951, I had five avenues of civil Service, the Central Bank, the CGR, the Inland ncome Tax Department) and the University of or the University).
s open except for a few wartime legacies such as rationing of a few essential goods. However, there or queues. Even a country like Singapore, which is untry today, but was behind Sri Lanka, then, was anka as a model.
the OPA on 14"August 2004)
65

Page 68
Where Are We Now? .
Even though our per capita national income would be more than US $ 1,000 and we would soon cease to be eligible for concessionary aid extended to low income countries, it is still low in real terms or at purchasing power. It too does not indicate our poverty levels, as reflected in the high inequality of income distribution. Despite an average annual growth rate of more than 41/2% (4.66% to be exact) in the last two and half decades, more than a quarter of Sri Lanka's population is below the poverty line and a nearly similar proportion is malnourished. Unemployment is heavy at around 10 % inclusive of unpaid family workers. The educated unemployment looms large among them with around 30,000 graduates Seeking jobs. The external debt has exceeded the annual GDP of the country and the per capita debt is around one lakh of Rupees. Foreign exchange reserves are not adequate for even six months' imports.
Most of the Asian countries who were behind Sri Lanka when she obtained Independence were growing at several times more than she and have at present (as in 2002) per capita incomes ranging from more than US $ 1,000 in Philippines to US $ 2,000 in Thailand, US $3,500 in Malaysia, US $ 10,000 in Korea, US $21,000 in Singapore and US$ 34,000 in Japan (Ref: World Development Report 2004). Food security which is crucial for any accelerated development has up to date remained a dream despite the pompous "bragging”, since Independence, of our agricultural ministers about self-sufficiency. What happened in between, in the last half century or So?
What Happened In Between?
Sri Lanka has missed Several opportunities. After the Great Depression

56
and the Second World War, there was a period of prosperity from 1950 to about 1955, with the onset of the Korean boom, when Sri Lanka's exports were fetching record prices and external assets were accumulating. Instead of utilizing them to lay the necessary infrastructure for diversifying the economy for sustained development, they were allowed to be squandered in unduly high consumption with the maintenance of consumer Subsidies and other welfare services, at the expense of investment and growth. Sri Lanka had to subsequently pay a heavy price with a closed regime lasting for nearly two decades.
Another opportunity dawned with the introduction of the open market reforms end of 1977, when the economy recovered and was growing at more than 6% per annum with 1978 recording the highest growth rate ever of 8.2%. This opportunity for sustained growth was also missed owing to the inappropriate domestic policies and mistaken priorities.
Why and How It Happened?
Confrontational Politics: With the late Mr. S W R D Bandaranaike and a few others breaking away from the UNP and forming their own party, the SLFP, in 1951, confrontational politics entered the political arena of our country. The country began to be ruled alternatively by the UNP and the SLFP, more or less on a “thattumaru' system, i.e., taking out the maximum by putting in the minimum. Between the two parties there was a tugof war for remaining in power by yielding to the pressures of the minority parties as well as of the various constituents of the electorate rather than

Page 69
working for the long-term interest of the country. With the implementation of the new electoral system under the 1978 Constitution, confrontational politics and undue pressure from the minority political parties accentuated.
Growth versus Equity: Growth was overwhelmed by equity. One party began to vie with the other party by making imprudent promises at elections which were difficult to keep, and offering constituents greater welfare benefits than the other. Subsidies became galore as a result. Budget deficits were increasing; development retarded and national debt was mounting. It was not realized that, while growth must be accompanied with distribution, there cannot be distribution withoutgrowth.
Irritant Social Policies: Sinhala only policy and the media-wise standardization of marks for university admission became irritants to the Tamil speaking peoples of the North and the East. Much time would have been lost in trying to address these problems which otherwise could have been diverted to the solution of country's problems.
Politicization of the Public Service: Although the taking-on of party loyalists as permanent secretaries began with the appointment of Mr. Ananda Tissa de Alwis as Permanent Secretary of the Ministry of State and Tourism by J R Jayewardena of the Dudley Senanayake Government in 1965, the politicization of the public service really began under the 1972 constitution almost as a matter of accepted policy. The prestigious Ceylon Civil Service (CCS) had been diluted and converted into Sri Lanka Administrative Service (SLAS), and the Permanent Secretaries no longer remained permanent, but just Secretaries. The independence of the Public Service Commission eroded with the

appointment of party loyalists as its
members. Public servants, instead of being servants of the people, began to be sycophants of the ministers, who often usurped the formers' managerial functions. The politicization of the public service thus has had a deleterious impact on the country's social and economic development.
Literacy-Oriented Education: Sri Lanka has become almost unique in that it had introduced in October 1945 universal free education from the kindergarten to
the university. With nearly 60 years of it,
we have achieved almost 100% (97.2% in 2002) enrolment in primary education and 63% in overall enrolment and a literacy rate of more than 90 %, culminating in a high HDI (Human Development Index) of 73 akin to that of developed or high income countries. However, I am afraid that we have been carried away by this high HDI. We do not seem to have realised that this high HDI was due to high literacy, viz. ability to read and write, and high primary enrolment but not due to investment in human resource development or enhancement of S&T capability which is crucial for sustained economic growth. Even up to date, Sri Lanka's education has remained literacy and academyoriented rather than skill and technologyoriented. As a result, Sri Lanka suffers from a very low level of R& D and S&T. This is evident from the abysmally low number of R&D scientists and engineers per one million people. Compared to more than 600 and 3300 in East & Pacific Asia and high income OECD countries respectively, Sri Lanka has only less than 200 of them per one million people.

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Inadequate Physical Infrastructure: Sri Lanka has been suffering from one of the lowest infrastructure facilities in Asia. The railway track has not been extended since we inherited it from the British. The track and rolling stock is in a poor state of repair. The road network is hardly adequate to link the rural production centers and farm gates with the urban market. It is also not properly maintained. The time taken to the airport from the city is unduly long judged by the relatively short distance between them. There is only one solitary short fly-over in the whole country to cope with the numerous railway crossings and road junctions, entailing undue traffic delays. To quote the Central Bank, “Traffic has become a serious problem in almost all major cities. Similarly, the passenger transport sector has capacity limitations as well as low service quality. (The) problems of the transport sector adversely affect the overall economic growth by discouraging investment and constraining productivity improvement. They also have an adverse impact on poverty by restricting the access of the poor to markets and basic social services' Despite the increase in the number of telephones per person in the country frequent congestion is reported in telecommunication traffic. The output of energy has not expanded to meet with the increasing demand to contain the production/manufacturing costs. The competitiveness is not enhanced as a result, in order to retain, leave aside increase, the market share of Sri Lanka's exports.

58
In discriminate Privatisation: Privatisation of GOBS and SOES intensified in and after 1990. Divestiture proceeds were utilized for financing budget deficits rather than for productive investment, a penny-wise and pound foolish policy. The state lost control of some of the commanding heights of the economy as a result. Privatisation was also ridden with corruption. It has been very rarely that we have heard of the lack of corruption and transparency in tenders and privatization agreements. Examples are too numerous to mention
Indiscipline, Waste and Corruption: Indiscipline is the hallmark of the day. Wherever one goes or whatever organization one looks at, starting with the smallest unit, the family, then the school, the work place (factory or office) the university, and finally the highest and the supposedly most august body in the land, the parliament, there is rampant indiscipline. On the other hand, there must be discipline to breed good work ethics and norms, industrial peace and social harmony. It is these that help increase productivity, one pillar of development.
Waste has also been galore in Government departments and ministries and work places. It has often been occasioned by ministerial decisions or directives themselves. Waste invariably retards growth.
Worst of all, is wide-spread corruption. One has only to look at the newspapers and listen to the radio or Watch the

Page 71
television to gauge the extent of this curse. I do not have to dwell on it at length. One can simply size up the intensity of the level of corruption in our country, unparalleled anywhere else, from instances such as the involvement of the former Head of the Department of Registration of Persons in a fraudulent issue of passports to terrorists and the remand of the Deputy Public Trustee, of all persons, on a charge ofhelping a girl to enter the USA by illegal means and the illegal, immoral sale of roofing sheets meant for the poorest of the poor by persons who have sworn into serve them.
Bad Governance: The last, but the most important, cause for our present peril is bad governance. Bad Governance covers a multitude of sins. A few of which, we have already discussed such as waste and corruption, are manifestations of bad governance. To know precisely what bad governance is, one must exactly know what is meant by governance. Here I cannot do better than go by the ADB definition of governance as ithe manner in which power is exercised in the management of a country's social and economic resources for developmenti. Governance has both political and economic dimensions. We are more concerned here with the economic dimension which is at the core of sustainable development.
There are four components or four "pillars” of governance, namely a c c o u n t a b i li ty, t r a n s p a re n cy, predictability and participation. These would be lacking where there is no discipline, honesty, efficiency and

patriotism. Where there is no discipline, honesty, efficiency and patriotism, there would be no good governance. Where there is bad governance or no good governance, no development can be sustained. If there had been good governance in the management of Sri Lanka's economic and Social resources, the country would not be suffering today from high unemployment and poverty, a huge foreign debt and external resource gap, viz., the deficit in the Current Account of the Balance of Payments, after Six de cades of Political Independence.
The Way Out
New Socio-Political Culture and Strong Civil Society: One of the main conclusions which emerges from our analysis so far is that the politics practiced in this country for the last half century has been the bane of Sri Lanka's progress. We can, therefore, think of a way out only with a new socio-political culture with an honest, disciplined and patriotic political leadership. The public must be able to look up to the politicians or the legislators as role models. The latter must be persons of the same mould as of the Ministers of our first Parliament, who came forward to serve the people with a sense of dedication, commitment and sacrifice.
This must be complemented by an efficient,
impartial, honest and independent public
service manned by an independent Public Service Commission. There must be law and
order in the country with the rule of law in
force, augmented by an independent police
force manned by an independent Police
Commission. Corruption, waste, crime and
terrorism must be stamped out at all levels.

Page 72
Civil Society: To sustain such sociopolitical culture, there must be an enlightened, independent and strong civil society. Its professionals, academics and the scientific community must not be aligned to political parties for personal gain, but be in an independent position to exert influence on the social, political and economic ethos of the country as well as thinking and policy making of the Government. The public must be vigilant about the activities of foreign-funded NGOs that they do not act against the national interest by having to accord with the secret agendas of their donor masters.
Revamping of Education: It is true that Sri Lanka has achieved very high enrolment in both primary and secondary education, but orientation of this education has been almost wholly academic, and there has been hardly any component of skills development. The few Schools with facilities for advanced level Science are concentrated in urban areas. To a still fewer number of schools computer education has been introduced. An attempt has been made recently to increase the access to quality education by implementing a few projects funded by the World Bank and the ADB. These, however, can only skim the surface of the problem.
There has been no corporate planning of university education in the last ten years to meet with the changing social and manpower demand of the country. However, the number of universities has been multiplying, but this is not according to academic dictates but due to political pressure. Other tertiary education and vocational training has not expanded to absorb the large dropout after O Level and A Level and at university admission level. They are around
25%, 60% and 85% respectively.

70
Curriculum reforms are needed to bring in a component of skills development to secondary education. University and tertiary education must have a vocational and professional bias for employability. These are imperative needs for human development and poverty reduction. The total government budgetary resources diverted at present to education of 3% of GDP is hardly adequate for this purpose. At least 5% of GDP of which l % must go to tertiary education, closer to that of developed countries, would be necessary. In addition, private- public partnership is necessary in order to make investment in people more productive.
Physical Infrastructure: Investment in physical infrastructure must be stepped up. Development of a comprehensive road and railway network is imperative, eliminating the deficiencies in the existing network as referred to earlier. In view of the limited Government budgetary resources, private sector participation in this sector is vital. BOI should provide the necessary incentives to promote foreign investment in this sector. BOO or BOOT projects should be promoted.
Development Policies and Strategies Sri Lanka would be able to get out of the present parlous state only if appropriate development policies and strategies were implemented in the above socio-political environment or backdrop. She has the necessary wherewithal to do this.
She is well endowed with natural and human resources rich land and fertile soil, ample water with rivers flowing from the centre of the Island to the coast right round, bountiful marine and mineral resources, and above all, a healthy and literate work force.

Page 73
However, for sustained and accelerated development which will take Sri Lanka to the status of a high income country without unemployment and poverty, a sweet dream she has been having for the last two decades, she needs a well-conceived and well-planned package of Socio-economic policies. They must have the right priorities. For example, greater weight must be attached to the development of the rural economy. Sri Lanka is predominantly a rural agrarian economy. Its mainstay is small scale farming Supplemented with cottage and handicraft industry. Agriculture contributes less than 20% of the GDP of the country, but nearly 35 % of the total employed is in agriculture, indicating thereby the relatively very low productivity in this sector. Unemployment is also a very much rural phenomenon, and the poor are overwhelmingly concentrated in rural areas and in the large informal sector where formal instruments of social protection are either lacking or do not reach them. Apart from the inadequacy of cash income, they may not find enough access to basic Services such as water, energy, health care, agricultural extension, transport, credit and marketing. The children of employable age have become a burden on the family because they have had no access to quality education.
Therefore, one of the topmost priorities of the new Government should be the development of the rural economy. To regain Sri Lanka, the rural economy must be first regained. In this context, having a separate ministry of rural economy is commendable. However, merely having a ministry is not enough.
* President. Sri Lanka Economic Association # This paper was presented at the 17" Annual Sessio

The ministry has to plan and execute a wide range of programmes and actions for Sustainable agriculture, such as those relating to the restoration of village tanks, and provision of and proper management of irrigation water, infrastructure development to prevent flooding and land slides as well as promote rural mobility, extension, credit and marketing facilities, and crop or agricultural insurance. Some of these problems relating to agriculture and the rural economy have been correctly diagnosed and spelt out in the Economic Policy Framework of the new Government. It is neither within the scope of my presentation nor within the time allocated to me, to elaborate on it. It should be the theme of another Seminar.
All I wish to state at this stage is that the programmes and actions relating to sustainable agriculture, to which I have referred, must be built, as an integral part, into a total package of well-conceived and well-planned socio-economic policies for Sustained and accelerated economic growth. They must be so geared as to eradicate unemployment and poverty, the two most serious ailments afflicting our country. However, their implementation and the achievement of the long-term goal of sustained development require what
Sri Lanka is markedly and sadly lacking today, a thoroughly competent, honest, impartial and independent public service, and above all, good governance with disciplined, incorruptible and patriotic leadership.
is of the OPA on 14" August 2004

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