Padraig Colman

Rambling ruminations of an Irishman in Sri Lanka

Democracy Moves in Peculiar Ways

Colman's Column3This article appeared in Ceylon Today on Tuesday September 1 2015.

 

natlist2

Jobs for the Losers

For several days last week, Ceylon Today was carrying a banner headline stating that SB Dissanayake was a “serious contender” for the post of Leader of the Opposition. “Hang on, I said”, to myself (I often talk to myself as it’s the best way to guarantee an intelligent conversation) “was SB not one of those recidivist old lags the voters rejected in the cleansing of the Augean stables that occurred on August 17?” “Yes, indeed he was”, I answered myself, “but he is back in parliament as one of those names on the UPFA National List”.

National List

I try manfully to explain the nature of Sri Lankan democracy to my foreign readers (both of them) but it is not easy. What is the National List? A National List MP is an unelected Member of Parliament who is appointed by a political party or an independent group to the Parliament of Sri Lanka. The number of national list MPs allocated to a contending party or an independent group depends on the proportion to their share of the national vote. 29 national list MPs are appointed.

University Constituencies

One looks in vain to other countries for exact parallels but one might compare the concept to the old University seats in the UK. University constituencies originated in Scotland, where the representatives of the ancient universities of Scotland sat in the unicameral Estates of Parliament. When James VI of Scotland inherited the English throne in 1603, and became James I of England, the system was adopted by the Parliament of England. The system was continued in the Parliament of Great Britain (from 1707 to 1800) and the United Kingdom Parliament, until 1950. The University of Cambridge and the University of Oxford were therefore given two seats each from 1603. The voters were the graduates of the university, whether they were resident or not, who had the vote for their University in addition to any other vote that they might have. Note that the members representing Oxford and Cambridge Universities were not appointed like National List members – they were voted into the Commons. Although the members for the university Constituencies were usually Conservatives, in the later years, Independent candidates began to win many of the seats. In 1948, the Labour government abolished the university constituencies, with effect from the dissolution of Parliament in 1950.

Intellectuals Making a Contribution to the Legislature

The Members for the university constituencies included many famous names: Pitt the Younger and Palmerston both served as MPs for Cambridge University, and Peel and Gladstone served as MPs for Oxford University. In his last years Ramsay MacDonald was MP for Combined Scottish Universities after losing his seat in the 1935 general election.

The idea of University seats was similar to the idea behind the Sri Lanka National List – to have intellectuals, who were not necessarily up for what Alan Watkins called the “rough old trade” of politics, to contribute their wisdom to the national legislature.

One scans in vain the list of University MPs to find many names that have resonance today. One that I recall is AP Herbert. Sir Alan Herbert was educated at Winchester College and New College, Oxford, gaining a First-Class Honours Degree in Jurisprudence. He was called to the bar by the Inner Temple in 1919, but never practised. Herbert served in the Royal Naval Division during the First World War and was mentioned in dispatches after Gallipoli. During the Second World War he combined his parliamentary duties with service in the Royal Navy on patrol boats in the Thames as Petty Officer Herbert. When he was knighted in 1945, The Times noted “his individual niche in the parliamentary temple as the doughty vindicator of the private member’s rights, including not least the right to legislate.”

Throughout his career Herbert lobbied for reform of several laws that he felt to be out-dated, including those on divorce and obscenity. He began contributing humorous articles to Punch in 1910 and used satire to get across his reform agenda. He wrote a series of stories about a persistent litigant, Albert Haddock, called Misleading Cases. The BBC adapted them for television in the late 60s and early 70s. These fictions were Herbert’s vehicles for his law-reform work and carried cogent legal points and are sometimes quoted in real-life judicial decisions  and academic research. Herbert also wrote eight novels and 15 plays, – the comedy Bless the Bride (1947) ran for two-and-a-quarter years in London.  PG Wodehouse wrote: “I want to see an A. P. Herbert on every street corner”.

Intellectuals in the Irish Upper House

Today there are no university constituencies in the Republic of Ireland’s lower house of parliament, Dáil Éireann, but there are two university constituencies represented in Seanad Éireann, the Irish upper house. Unlike Dáil Éireann, the Seanad is not directly elected but consists of a mixture of members chosen by various methods. Its powers are much weaker than those of the Dáil and it cannot veto bills, only delay and seek to improve them. The two university electorates consist of the graduates of University of Dublin (Trinity College) and the National University of Ireland who are Irish citizens, regardless of where they are resident. Each is a three-seat constituency elected under the Single Transferable Vote and the election is conducted by postal ballot. Some politicians have called for university representation to be abolished, on the ground that it is unacceptable that possession of a degree should confer special electoral rights.

One can find many distinguished writers and intellectuals on a list of former senators, including many who have had an influence in global politics: Mary Robinson, Conor Cruise O’Brien, Mary MacAleese, Garrett Fitzgerald, Lord Longford, Oliver St John Gogarty, George Moore, Brian Friel, and WB Yeats.

One would have to look very hard into the history of National Lists to find anyone of the moral standing of Mary Robinson or the intellectual clout of Yeats or Friel. The original intention of the National List was to allow a voice in the legislature for professionals, academics who did not have the networks and resources of professional politicians. Rajiva Wijesinha was a good example of what the National List should have been about. Whether one agrees with his views or not, he tirelessly analysed the micro aspects as well as the macro of what was needed for good governance in this country. Few would complain about Lakshman Kadirgamar being given a seat. Harsha de Silva brought his economic expertise to the benefit of the legislature without having to go to the hustings (although he has now successfully done so). On the other hand, CBK, who is being deferred to on many issues by the current prime minister, appointed Mervyn Silva to the National List after he finished last in Colombo with 2,236 votes. What did he contribute to the quality of debate in the legislature by squeezing a monk’s testicles?

Nevertheless, data on parliamentary activity collected between May 2012 and August 2013 showed that on average, national list MPs contributed 25 per cent more in terms of net productive time in parliament than elected MPs. There were four national list MPs amongst the top 22 contributors (top 10%) in parliament. These were (in order): Anura Kumara Dissanayake (JVP), A.H.M Azwer (UPFA), Harsha de Silva (UNP) and Eran Wickramaratne (UNP). There were also four National List MPs amongst the bottom 10 per cent. The average contribution of an Opposition National List MP was double that of a government National List MP.

Whatever about their performance, is it morally right that 29 members get a seat  in Parliament without being democratically elected? Many of those now coming into parliament and getting ministerial jobs were decisively rejected by the voters.

 

 

 

Does Sri Lanka Deserve the Blessing of Oil?

This article appeared in the February 2008 edition of Lanka Monthly Digest (LMD)

 

 

Each year, Sri Lanka imports nearly 30 million barrels of oil at a cost of some US$ 2.2 billion, which is used to generate electricity as well as for transport. Add to this the cost of subsidies, the knock-on effect of transport costs on prices and the never-ending cost of war – and one can see why the Government would like to have its own oil.

 

Azerbaijan’s ambassador to Sri Lanka recently announced that his country could help Sri Lanka develop its oil production and, in August 2007, Petroleum Resources Development Minister AHM Fowzie met a slew of representatives of oil companies on a junket to Baku. According to Fowzie, Sri Lanka may be able to produce oil by 2010 and the Government has demarcated eight exploration blocks in the Mannar Basin, two of which have been earmarked for India and China.

 

But before we rejoice, let’s see how other oil-rich countries have fared. In Azerbaijan, President Geidar Aliyev promised to cut poverty and create 200,000 jobs, but about half his country’s population still lives below the poverty line. A dynasty has been established and oil-rich families from the clan networks of Nakhichevan retain their power base by resorting to arrests, torture and suppression of media freedom.

 

Oil generates US$ 17 billion each year for Nigeria -which, if shared, would provide 15 years of wages for every man, woman and child. Instead, the proportion of Nigerian households living on less than one US Dollar a day rose to 66 per cent in 1996. Around 70 per cent worked in agriculture, but oil has stifled diversity and agricultural production has not kept pace with the increase in population. In 1962, agriculture contributed 78 per cent of the nation’s revenue; in 1977, it contributed just above one per cent. The contribution of crude oil rose from 13.3 per cent to 98.9 per cent over the same period.

 

Nigerian President Olusegun Obasanjo was praised in the West for rooting out corruption. Two rear admirals were imprisoned for effectively hijacking a tanker full of oil, while over 100 customs officials were sacked and the Inspector-General of Police resigned. However, Nigerians were not impressed by the PR spin from the likes of GoodWorks International, an Atlanta-based US company that benefits from investment in African kleptocracies. Out of36 Nigerians state governors, 3l have been investigated by the Economic and Financial Crimes Commission. Halliburton, a company linked to US Vice-President Dick

Cheney, admitted paying US$ 2.4 million in bribes to a Nigerian tax official.

 

Oil-related conflict brings thousands of violent deaths each year to the Niger Delta, which region is emulating Chechnya. The residence of the Vice-President of Nigeria, in Bayelsa State, was destroyed by the Movement for the Emancipation of the Niger Delta (MEND). Elections in Nigeria are low-intensity armed struggles in which thugs mobilized by rival politicians clash in the streets and polling stations trying to gain the upper hand engage in competitive rigging’.

 

Nigeria has graphically demonstrated that oil can bring poverty, corruption, environmental damage, conflict, foreign exploitation, and an erosion of human rights and media freedom.

 

Over the past 25 years, Venezuela earned US$ 300 billion from petroleum – yet, more than half its population live in poverty, unemployment averages 25 per cent and over 200,000 children have survived by begging, while a small number of families accumulated wealth and influence.

 

 

Angola received around three to five billion US Dollars from oil in 2001, but a quarter of Angolan children die before the age of five and one million internally-displaced people remain dependent on international food aid.

 

Equatorial Guinea has oil revenues of US$ 500 million a year, but 65 per cent of its approximately 500,000 population live in extreme poverty and the country is placed third from the bottom on the UN human-development index.

 

 

Prof. Michael Ross of the University of California in Los Angeles has produced a chart which maps oil sales against literacy and malnutrition rates. In it, every five per cent rise in oil exports was matched by a three month fall in life expectancy and a one-point rise in childhood malnutrition.

 

Oil and corruption are natural partners. The ever-expanding Saudi royal family has squandered around one trillion dollars, but done little to develop its country. The West is complicit in this. The UK’s Serious Fraud Office uncovered huge bribes being paid to Saudi princes over British arms deals.  Former Prime

Minister Tony Blair had the investigation stopped.

 

President Nursultan Nazarbayev of Kazakhstan has deposited millions of dollars in illegal commissions from Chevron and Mobil in overseas banks for his own benefit. The brutal regime of President Obiang Nguema of Equatorial Guinea has millions of dollars of blood-stained money at Riggs Bank, which is situated close to The World Bank in Washington D.C.

 

In Angola, Western oil companies pay secret bonuses into offshore accounts for the benefit of executives of the state oil corporation, Sounagol. The International Monetary Fund has confirmed that US$ 1.7 billion of annual Angolan oil revenue went missing between 199l and 2001, and millions of dollars went to President José Eduardo dos Santos himself.

 

Oil revenues from the Chad-Cameroon pipeline have been difficult to estimate because Cameroon’s ‘Perpetual President’ Paul Biya regarded them as his personal income and did not include them in government budgets. Biya is an amateur compared to the oil corporations, which will receive 7I per cent of the estimated profit of US$ 8 billion, while Cameroon will only receive seven per cent and Chad 22 per cent.

 

Oil companies jettison moral principles in virtually all countries where they operate. Mobil Oil was accused by Business-Week of complicity in massacres close to its installations in Indonesia and the company admitted supplying food, fuel and equipment to soldiers. In Burma, the French company Total and its American partner Unocal joined with Myanmar Oil and Gas to exploit the Yadana gas deposits and build a pipeline. The junta uses slave labour and summary executions to get the work done. BP provides the Colombian army and police with arms and training.

 

Oil causes resentment among local people and disruption of their way of life, livelihood and environment. The US occupation of Iraq is only an extreme example of a foreign power seizing a nation’s sovereignty for the sake of oil, but it happens all over the world.

 

 

Militant groups target pipelines in furtherance of their own agendas. In Colombia, guerrillas bombed a single pipeline 178 times in 2001 and pipelines were attacked more than 1,000 times in 13 years, spilling 2.9 billion barrels of crude oil. Even in Canada, between 1997  and 1998, there were 160 attacks on pipelines. Recently, an LTTE aircraft dropped two bombs on petroleum facilities near Colombo.

 

There has long been a link of anxiety in Sri Lanka between petroleum, terrorism and the environment. There was opposition to building a massive refinery near wildlife-rich areas such as Bundala and feeding grounds of flamingos and other waterfowl, as well as beaches frequented by egg-laying marine turtles.

Now, there may be drilling in the seas off Hambantota.

 

As far as Sri Lanka goes, the ‘easy oil’ has already been discovered – so, new explorations are costly and involve environmentally-sensitive areas. Seismic vibrations damage buildings and noise displaces wildlife, and chemicals and river warming deplete aquatic life. Soil and water are contaminated when a well blows out and emissions of flammable hydrocarbon cause fires, making land infertile and retarding photosynthesis. Ruptured pipelines, instrument failures and sabotage cause pollution.

 

Employment for locals is not necessarily guaranteed, even if oil exploration in Sri Lanka proves to be successful. The number of local people employed after the construction phase of the Chad-Cameroon

pipeline was negligible in Cameroon and around 350 in Chad. In Ecuador, 50.000 new jobs every month were promised, but there have been only 9,000 new jobs so far – mostly unskilled and temporary.

 

 

A nation heavily dependent on oil sees its currency soar, making it harder for local manufacturers to export. Skilled workers leave manufacturing and agriculture to service the rich. Using oil as collateral, governments incur foreign debts and squander national funds to buy support. Profits go to the elites and existing power imbalances are further compounded. The elites see no advantage in sharing the benefits of oil with the poor. Oil enables clannish elites to become even richer and establish dynastic kleptocracies that cling to power.

 

It increases the risk of conflict – particularly where there are separatist tendencies and ethnic tensions

– and gives terrorists targets for sabotage. The need to protect installations against terrorists brings repression and the desire of the elites to protect their ill-gotten gains threatens freedom of speech and human rights in general.

 

 

So, does Sri Lanka want to be a nation where foreigners call the shots – a nation plagued by poverty, inequality and ethnic conflict; where corruption, dynastic elites and nepotism compromise good governance and erode human rights?

 

 

Does Sri Lanka deserve the ‘blessings’ of oil?

 

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