What Can Happen?
Victor Ivan returns to Johan Galtung’s warning that Sri Lanka might end up temporarily under United Nations administration if it fails to manage its crises. Having read Ivan’s An Unfinished Struggle, Galtung reasoned that a judiciary decayed to that degree implied equal decay elsewhere, and that only a failing state deteriorates so far. Ivan’s test is whether serious mistakes get corrected, and he finds no mechanism that does. An election was held without an elections commission because the President twice refused to approve a list the constitutional council had vetted and cleared; parliament and the judiciary both declined to intervene; and with the council’s own term expired, the police and public service commissions cannot be constituted either, making every transfer, promotion and disciplinary action in those services unconstitutional. A year after the tsunami, 6% of the required houses are built — seventeen years at that rate — and the country cannot yet say how many of its dead were men and how many women. He then reads the party system as collapsing: Thondaman reduced to seeking LTTE shelter, the UNP too decayed to reform itself, the SLFP surviving only on state power. Only the JVP and the LTTE retain vigour, and both, he argues, have spent their history accelerating the state’s decay.
A Country Destroyed by Leaders
Victor Ivan argues that Sri Lanka has become, or is fast becoming, a failed state — a term its academics resist because they fear UN administration, while making no serious intervention to correct the country’s course. His test is the constitution: legislature, executive and judiciary alike decline to respect it, and none treats honouring it as a condition of the system’s survival. The 17th Amendment provides his illustration. A presidential campaign is underway with no elections commission in place, the President having refused to approve a name the constitutional council investigated and cleared. The elections commissioner, past retirement age and unable to leave his post because no commission exists, went to court and was told there was nothing the judiciary could do; parliament did not debate the matter at all. The constitutional council itself has been dormant for months, leaving Court of Appeal vacancies unfilled, with the IGP retiring in November and the terms of the Police and Public Service Commissions expiring. Appointing new members falls to the Prime Minister and the Leader of the Opposition — the two men now contesting the presidency, neither of whom appears interested.