Gajalakshmi Paramasivam
04 January 2018
Confidentiality
or Transparency ?
‘I
have learnt that the exercise of
Subjective Power becomes unlawful the moment one or the other side fails the test of Confidentiality. I learnt through
the pain of this experience, that from that point onwards the need for
Transparency arises to protect the alienated individual’s / group’s rights. I
learnt that from then on, if the custodians of powers act without being
transparent – it amounts to secrecy and any decision made becomes morally
invalid’ University of Jaffna Academic in training at
Australian Tamil Management Service.
The above came to mind when I read this morning, the
Daily FT report headed ‘SriLankan
Airlines Board resignation accepted’. This report states:
‘This decision was made when Ministerial
Committee chaired by Prime Minister Ranil Wickremesinghe met yesterday to
review the progress of the revival of SriLankan Airlines’
As per my wisdom and
knowledge about the National Carrier, the problem at the top is largely due to
lack of separation between Governance
Powers and Administrative Powers. I learnt with deep appreciation the high value
of this included in the Section 45 of the Universities
Act., which prevents the delegation
of Disciplinary Powers in relation to Teachers and Officers, to the Vice
Chancellor. To my mind therefore, if a Teacher is to be disciplined, the
Governing Council has the responsibility and vote through the Truth identified
by each member of the Council. A mind that is active about Administrative rights
and wrongs would fall short of stillness of mind, needed by a Governor.
Common, Faith based
Governance never fails. Where Administrative powers are exercised beyond the
level of this Common Faith, the institution demotes itself to trading level and
lower – to Welfare level.
To prevent such downfall,
every ‘Public Service Enterprise’ needs to have this separation – just as there
needs to be separation between the Executive Branch and the Legislative Branch
of the Government. The Legislative Branch needs to be driven by its Truth based
faith – which represents at tertiary
level, the consolidated faith of the voters at the primary level, escalated
through Administration and with the blessings of Administration, to policy
level. Academics being required to maintain their Intellectual Integrity,
through Independence – could be managed but not directly Administered, so as to
preserve their sense of Independent thinking.
The
parallel of Academics, in Airline Industry are those who specialise in various
aspects of the Airline’s core purposes. The CEO would not have Disciplinary
Authority over them and the power of the Public who own the Airline, is
exercised through the Board who have the responsibility to be driven by Truth
and not by Administrative or Outcome based rights and wrongs.
To
the extent the National Carrier seeks to be competitive in Business, its
various arms need autonomy and not be interfered with directly by individual
members of the Board. The Board needs the discipline to use Truth that they
identify with and not merit based determination. That is the pathway of
ownership. Many of us contribute to governance of the National carrier through
our feelings being added to the ownership power which is carried by every
person who has taken/drawn less value than s/he has contributed. That is the
feelings based intuitive power. Such contributors are the elders of the
institution. The way Indigenous land rights are respected here in Australia –
at Government level, during official functions.
As
per the report of Xinhua – the Governor of Governor of Eastern Province, the Hon Rohitha Bogollagama
said on Wednesday that ‘Sri Lanka
will develop the sites around one of its ancient Hindu temple "Thirukoneshwaram" in Trincomalee in the
Eastern Province of the country as the main pilgrimage destinations’. This
to my mind, is ultra vires the Constitution due to Article 9 which provides as
follows:
[The Republic of Sri Lanka shall give to
Buddhism the foremost place and accordingly it shall be the duty of the State
to protect and foster the Buddha Sasana, while assuring to all religions the
rights granted by Articles 10 and 14(1)(e).]
Article 14 (1) (e ) states:
[Every citizen is entitled to the
freedom, either by himself or in association with others, and either in public
or in private, to manifest his religion or belief in worship, observance,
practice and teaching;]
The
authority to develop Hindu sites belongs to Hindus by virtue of Article 14 (1) (e ) of the Constitution. Even
if one Sri Lankan Hindu genuinely objects to the above Development, based on
her / his faith - it would invoke ancestral powers of that Sacred Land to defeat
the Government that wants it both ways – Buddhism foremost as well as Religious
Commonness. Religions should not be mixed on the way to their final destination
of ownership.
The
parallel of this in the case of the National Carrier is Government indiscriminately
mixing Governance with Business. Former needs Confidentiality and the latter
Transparency.
‘Mei
Porul KaaNbathu ARivu’ / Knowledge is that which leads to Truth’
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