“Sri Lanka wants to make a new Constitution in a radically different way. It is poised to become the first developing country in the world to ‘crowd-source’ ideas for making the highest law of the land.
“That is all well and good – as long as the due process is followed, and that process has intellectual rigour, transparency and integrity. Therein lies the big challenge.”
So opens my latest op-ed essay, just published by Groundviews.org
In it, I describe the experience of Iceland which was the world’s first country to ‘crowd-source’ a new Constitution. From 2011 to 2013, the European nation of 330,000 people engaged in an exercise of direct democracy to come up with a modern Constitution to replace the existing one adopted in 1944. That involved many public hearings as well as using social media and other communications platforms to gather public inputs and to ensure public scrutiny.
Facebook was used as part of a public consultation strategy to draft Iceland’s new Constitution in 2011-13
This is the path that Sri Lanka has now chosen: open and participatory Constitution making. To be sure, tropical Sri Lanka is vastly different. Its population of 21 million is 60 times larger than Iceland’s. But the Arctic nation’s generic lessons are well worth studying – both for inspiration and precaution.
I point out: “In doing so, it is important to ensure that public consultative process is not limited to the web and social media. Instead of dominating, technologies should only enable maximum participation.”
“The bottom-line: gathering public proposals is commendable, but not an end by itself. The government needs to adopt a systematic method to study, categorize and distil the essence of what is suggested. And that must happen across English, Sinhala and Tamil languages.”
In this week’s Ravaya column (appearing in issue of 17 January 2016), I critique the public communications practices President Maithripala Sirisena of Sri Lanka – and call for better listening and more engagement by the head of state.
I point out that Sirisena is in danger of overexposure in the mainstream media, which I call the ‘Premadasa Syndrome’ (as this bad practice was started by President R Premadasa who was in office from 1988 to May 1993). I argue that citizens don’t need to be force-fed a daily dose of presidential activities on prime time news or in the next day’s newspapers. If public documentation is needed, use the official website.
Like other politicians in Sri Lanka, Sirisena uses key social media platforms like Facebook and Twitter to simply disseminate his speeches, messages and photos. But his official website has no space for citizens to comment. That is old school broadcasting, not engaging.
This apparent aloofness, and the fact that he has not done a single Twitter/Facebook Q&A session before or after the election, detracts from his image as a consultative political leader.
On the whole, I would far prefer to see a more engaged (yet far less preachy!) presidency. It would be great to have our First Citizen using mainstream media as well as new media platforms to have regular conversations with the rest of us citizens on matters of public interest. A growing number of modern democratic rulers prefer informal citizen engagement without protocol or pomposity. President Sirisena is not yet among them.
“For only the second time in my life, I voted for a winning candidate on 8 Jan 2015. I now keep insisting that Maithripala Sirisena delivers on his promises.” – Nalaka Gunwardene, blogger and tweep
It was also Sri Lanka’s first national level election where smartphones and social media played a key role and probably made a difference in the outcome. During the weeks running up to 8 January, hundreds of thousands of Lankans from all walks of life used social media to vent their frustrations, lampoon politicians, demand clarity on election manifestos, or simply share hopes for a better future.
As I documented shortly afterwards, most of us were not supporting any political party or candidate. We were just fed up with nearly a decade of mega-corruption, nepotism and malgovernance. Our scattered and disjointed protests – both online and offline – added up to just enough momentum to defeat the strongman Mahinda Rajapaksa. Just weeks earlier, he had appeared totally invincible.
Thus began the era of yaha-palanaya or good governance.
In real life, democracy is a work in progress and good governance, an arduous journey. In this week’s Ravaya column (appearing in issue of 10 January 2016), I argue that voting in two key elections during 2015 (including Parliamtnary Election held on 17 August) was the easy part. We citizens now have to be vigilant and stay engaged with the government to ensure that our politicians actually walk their talk.
Here, we can strategically use social media among other advocacy methods and tools.
මැතිවරණඅතරතුරකාලයේදේශපාලනයහාආණ්ඩුකරණය(politics and governance) එමකාර්යයේපූර්ණකාලීනවනිරතවනදේශපාලකයන්පිරිසකටපවරාඅපේවැඩක්බලාගෙනඔහේඉන්නටඉඩක්අපටනැහැ. දශකගණනක්එසේකිරීමේබරපතලවිපාකඅපදැන්අත්විඳිනවා.
Sri Lanka’s new government has committed to drafting a new Constitution to replace the current one adopted in 1978.
According to the Cabinet spokesperson, “for the first time [in Sri Lanka], a Constitution is going to be framed with the consultation of people.” Though the country has adopted Constitutions twice after independence — in 1972 and 1978 — public participation was negligible on both occasions.
Nalaka Gunawardene in a serious pose
This is well and good, but it is still not clear what consultation mechanisms would be used, and how genuinely consultative the process is going to be. Our politicians and officials lack imagination and courage to try out new methods of public participation in governance. For example, they barely use the potential of new information and communications technologies (ICTs).
In an interview with Prasad Nirosha Bandara of Ravaya independent broadsheet newspaper, published on 20 December 2015, I make an earnest case for the new Constitution drafting process to be more open, more participatory and more consultative by using all available methods – tried and tested old-fashioned ones, as well as new potential opened up by the spread of the web, mobile phones and social media.
I also draw attention to a historically important memorandum was sent by the Ceylon Rationalist Association on 25 September 1970 to Dr Colvin R De Silva, then Minister of Constitutional Affairs, who was heading the group tasked with drafting what eventually became the country’s first Republican Constitution of 1972. Written by the Association’s Founder President Dr Abraham Thomas Kovoor, it captured the broad, idealistic vision that members of that voluntary group of free thinkers had advocated since its inception in 1960. Among other principles, it advocated – in point 6 – that “the best protection for freedom of conscience is a Secular State”.
I located the memo two years ago and published it online on Groundviews.org so that it becomes widely available. In this interview, I urge the new Constitution drafters of 2016 not to make the same mistakes that Colvin R de Silva did in 1972 by ignoring these ideas of public intellectuals.
Participants of SHER (Science, Health, Environment & Risk) Communication – Role of S&T Communication in Disaster Management and Community Preparedness held in Jakarta, Indonesia, on 8-9 Dec 2015
It was organised by the Association of Academies and Societies of Sciences in Asia (AASSA) in collaboration with the Indonesian Academy of Sciences (AIPI), Korean Academy of Science and Technology (KAST) and the Agency for Assessment and Application of Technology (BPPT) in Indonesia.
The workshop brought together around 25 participants, most of them scientists researching or engaged in publication communication of science, technology and health related topics. I was one of two journalists in that gathering, having been nominated by the National Academy of Sciences of Sri Lanka (NAASL).
I drew on over 25 years of journalistic and science communication experience, during which time I have worked with disaster managers and researchers, and also co-edited a book, Communicating Disasters: An Asian Regional Handbook (2007).
Nalaka Gunawardene speaking at Science, Health, Environment & Risk Communication Asian regional workshop held in Jakarta, Indonesia, 8-9 Dec 2015
The challenge in disaster early warnings is to make the best possible decisions quickly using imperfect information. With lives and livelihoods at stake, there is much pressure to get it right. But one can’t be timely and perfectly accurate at the same time.
We have come a long way since the devastating Boxing Day tsunami of December 2004 caught Indian Ocean countries by surprise. Many of the over 230,000 people killed that day could have been saved by timely coastal evacuations.
The good news is that advances in science and communications technology, greater international cooperation, and revamped national systems have vastly improved tsunami early warnings during the past decade. However, some critical gaps and challenges remain.
The Indian Ocean Tsunami Warning and Mitigation System (IOTWS) was set up in 2005 under UNESCO’s Intergovernmental Oceanographic Commission. Over USD 400 million has been invested in state of the art equipment for rapid detection and assessment. However, the system’s overall effectiveness is limited by poor local infrastructure and lack of preparedness. Some countries also lack efficient decision-making for issuing national level warnings based on regionally provided rapid assessments.
Warnings must reach communities at risk early enough for action. False warnings can cause major economic losses and reduce compliance with future evacuation orders. Only governments can balance these factors. It is important that there be clearer protocols within governments to consider the best available information and make the necessary decisions quickly.
Now, the proliferation of information and communication technologies (ICTs) is making this delicate balance even more difficult. To remain effective in the always-connected and chattering Global Village, disaster managers have to rethink their engagement strategies.
Controlled release of information is no longer an option for governments. In the age of 24/7 news channels and social media, many people will learn of breaking disasters independently of official sources. Some social media users will also express their views instantly – and not always accurately.
How can this multiplicity of information sources and peddlers be harnessed in the best public interest? What are the policy options for governments, and responsibilities for technical experts? How to nurture public trust, the ‘lubricant’ that helps move the wheels of law and order – as well as public safety – in the right direction?
As a case study, I looked at what happened on 11 April 2012, when an 8.6-magnitude quake occurred beneath the ocean floor southwest of Banda Aceh, Indonesia. Several Asian countries issued quick warnings and some also ordered coastal evacuations. For example, Thai authorities shut down the Phuket International Airport, while Chennai port in southern India was closed for a few hours. In Sri Lanka, panic and chaos ensued.
In the end, the quake did not generate a tsunami (not all such quakes do) – but it highlighted weaknesses in the covering the ‘last mile’ in disseminating early warnings clearly and efficiently.
Speakers on ‘ICT Applications for Disaster Prevention and Treatment’ in Jakarta, Indonesia, 8-9 Dec 2015
I concluded: Unless governments communicate in a timely and authoritative manner during crises, that vacuum will be filled by multiple voices. Some of these may be speculative, or mischievously false, causing confusion and panic.
“The key to successful foreign policy in today’s world is networked diplomacy. Managing international crises requires mobilizing international networks of public and private actors,” says Anne-Marie Slaughter, an international lawyer and political scientist who is a former Princeton academic and ex-Director of Policy Planning at the US State Department under U.S. Secretary of StateHillary Clinton.
Diplomacy then…and now
The nature of this ‘networked diplomacy’ is still being documented and studied. Some governments are not even convinced of its value, but meanwhile, others are encouraging it perhaps as a way of ‘exploiting the inevitable’.
I am neither diplomat nor scholar, but sometimes dabble as a writer and researcher on how new media – including social media – impact our society, economy and governance. So I welcomed an opportunity to engage a group of mid-career professionals on the topic Diplomacy & Foreign Relations in the Social Media Age.
I made this presentation on 14 November 2015 as part of the Certificate Course in Creative Diplomacy, conducted by the Regional Centre for Strategic Studies (RCSS) in Colombo, Sri Lanka – a think tank on international relations.
In this, I introduce and briefly explore the new kind of real-time, public diplomacy that is being ushered in with the spreading of social media. I show how diplomats and other government officials can no longer ignore this mass medium, but at the same time their traditional ways of communications need to be reoriented to suit the realities of this new information ecosystem that is informal, irreverent and fleeting.
As I spoke on the day after the ISIS terrorist attacks in France, I used (among others) the latest examples of how Gérard Araud, France’s Ambassador to the US, tweeted live as multiple terror attacks unfolded in Paris on Nov 13 night.
Real time tweeting by French Ambassador to the US while Paris attack was underway on 13 Nov 2015…
More tweets from Ambassador Gérard Araud on 13 Nov 2015…
To see the bigger picture, I’ve distilled some wisdom of key researchers in this area including: Anne-Marie Slaughter, former Princeton Academic and ex-Director of Policy Planning, US State Department; Philip Seib, Professor of Journalism and Public Diplomacy, University of Southern California; and Ramesh Thakur, Professor, Crawford School of Public Policy, Australian National University (ANU).
I also used the case study of Indian Ministry of External Affairs using social media for crisis management when 18,000 Indian nationals were stranded in Libya in Feb – March 2011 who had to be evacuated urgently.
As Ramesh Thakur has written, it is “a useful case study in the utility of social media tools in connecting the government with people who are normally well outside their range, but who can be a useful channel to send out time-urgent critical information and to receive equally valuable information from sources on the ground.”
Dedication to a remarkable diplomat-scholar who spent a few days in the Summer of 1995 mentoring a group of youth leaders from around the world, including myself, who were brought to the UN Headquarters in New York…
I dedicated this presentation to a diplomat and scholar whose mentoring I was privileged to receive 20 years ago: Dr Harlan Cleveland (1918 – 2008) who served as US Ambassador to NATO, 1965–1969 (Johnson Administration), and earlier as US Assistant Secretary of State for International Organization Affairs, 1961–1965 (Kennedy Administration).
Harlan Cleveland, among the first ‘philosophers’ of the Information Age
According to RCSS, their Course in Creative Diplomacy “provides theoretical and practical insights into the various facets of Creative Diplomacy. The course will expand participants’ understanding of the concept of diplomacy and expose them to new skills and alternative perspectives to engage with stakeholders. It is further envisioned that this post-disciplinary approach, which will be followed by the course, will explore a whole host of new mediums through which mediation, cooperation and negotiation can be carried out.”
I looked at the larger news media industry in Sri Lanka to which provincial journalists supply ground level news, images and video materials. These are used on a discretionary basis by media companies mostly based in the capital Colombo (and some based in the northern provincial capital of Jaffna). Suppliers have no control over whether or how their material is processed. They work without employment benefits, are poorly paid, and also exposed to various pressures and coercion.
I drew an analogy with the nearly 150-year old Ceylon Tea industry, which in 2014 earned USD 1.67 billion through exports. For much of its history, Ceylon tea producers were supplying high quality tea leaves in bulk form to London based tea distributors and marketers like Lipton. Then, in the 1970s, a former tea taster called Merrill J Fernando established Dilmah brand – the first producer owned tea brand that did product innovation at source, and entered direct retail.
The media industry also started during British colonial times, and in fact dates back to 1832. But I questioned why, after 180+ years, our media industry broadly follows the same production model: material sourced is centrally processed and distributed, without much adaptation to new digital media realities.
In this week’s Ravaya column, (appearing in issue of 11 Oct 2015), I have adapted my talk into Sinhala.
Ceylon Tea industry pioneers and innovator: L to R – James Taylor, Thomas Lipton, Merrill Fernando
A Popular Election Meme created by Hashtag Generation, Sri Lanka
“Every citizen – including activists and academics — can play a part in shaping the future of our democracy. In this, technology is not the only key driver; what matters even more is the strategic use of our imagination and determination.
“We may not yet have all the detailed answers of our digital future, but one thing is clear. In 2015, we the people of Sri Lanka embarked on a progressive digitalization of our politics and governance.
“It is going to be a bumpy road – be forewarned — but there is no turning back.”
Since then, things have evolved further. In this essay, I look at how the Elections Commission, political parties, election candidates, civil society advocacy groups and individual cyber activists have used various social media tools and platforms in the run-up to, during and immediately after the Parliamentary Election.
“What role (if any) did social media play in the recently concluded General Election on 17 August 2015?
“Many are asking this question – and coming up with different answers. That is characteristic of the cyber realm: there is no single right answer when it comes to a multi-faceted and fast-evolving phenomenon like social media.
“Shortly after the Presidential Election of 8 January 2015 ended, I called it Sri Lanka’s first cyber election. That was based on my insights from over 20 years of watching and chronicling the gradual spread of information and communications technologies (ICTs) in Sri Lanka and the resulting rise of an information society.
“That was not the first time social media had figured in Lankan election campaigns. The trend started slowly some years ago, with a few tech-aware politicians and advertising agencies using websites, Facebook pages and twitter accounts for political outreach. However, such uses did not reach a ‘critical mass’ in the general and presidential elections held in 2010, or in the provincial and local government elections held thereafter.
“By late 2014, that changed significantly but this time the frontrunners were politically charged and digitally empowered citizens, not politicians or their support teams.”
The above is an extract from an op-ed I have just written and published in Daily Mirror broadsheet national newspaper in Sri Lanka (3 Sep 2015).
Text of my column written for Echelon monthly business magazine, Sri Lanka, August 2015 issue
Cartoon by Awantha Artigala, Sri Lanka Cartoonist of the Year 2014
Media Reforms: The Unfinished Agenda
By Nalaka Gunawardene
When I was growing up in the 1970s, Sri Lanka’s media landscape was very different. We had only one radio station (state-owned SLBC) and three newspaper houses (Lake House, Times of Ceylon and Independent Newspapers). There was no TV, and the web wasn’t even invented.
At that time, most discussions on media freedom and reforms centred around how to contain the overbearing state – which was a key publisher, as well as the sole broadcaster, dominant advertiser and media regulator, all rolled into one.
Four decades on, the state still looms large on our media landscape, but there are many more players. The number of media companies, organisations and products has steadily increased, especially after private sector participation in broadcasting was allowed in 1992.
More does not necessarily mean better, however. Media researchers and advocacy groups lament that broadcast diversification has not led to a corresponding rise in media pluralism – not just in terms of media ownership and content, but also in how the media reflects diversity of public opinion, particularly of those living on the margins of society.
As the late Tilak Jayaratne and Sarath Kellapotha, two experienced broadcasters, noted in a recent book, “There exists a huge imbalance in both media coverage and media education as regards minorities and the marginalised. This does not come as a surprise, as it is known that media in Sri Lanka, both print and broadcast, cater mainly to the elite, irrespective of racial differences.”
Media under pressure
The multi-author book, titled Embattled Media: Democracy, Governance and Reform in Sri Lanka(Sage Publications, Feb 2015), was compiled during 2012-14 by a group of researchers and activists who aspired for a freer and more responsible media. It came out just weeks after the last Presidential Election, where media freedom and reforms were a key campaigning issue.
In their preface, co-editors William Crawley, David Page and Kishali Pinto-Jayawardena say: “Media liberalisation from the 1990s onwards had extended the range of choice for viewers and listeners and created a more diverse media landscape. But the war in the north and insurrections in the south had taken their toll of media freedoms. The island had lived under a permanent state of emergency for nearly three decades. The balance of power between government, judiciary, the media and the public had been put under immense strain.”
Embattled Media – Democracy, Governance and Reform in Sri Lanka
The book, to which I have contributed a chapter on new media, traces the evolution mass media in post-colonial Sri Lanka, with focus on the relevant policies and laws, and on journalism education. It discusses how the civil war continues to cast “a long shadow” on our media. Breaking free from that legacy is one of many challenges confronting the media industry today.
Some progress has been made since the Presidential election. The new government has taken steps to end threats against media organisations and journalists, and started or resumed criminal investigations on some past atrocities. Political websites that were arbitrarily blocked from are once again accessible. Journalists who went into exile to save their lives have started returning.
On the law-making front, meanwhile, the 19th Amendment to the Constitution recognized the right to information as a fundamental right. But the long-awaited Right to Information Bill could not be adopted before Parliament’s dissolution.
Thus much more remains to be done. For this, a clear set of priorities has been identified through recent consultative processes that involved media owners, practitioners, researchers, advocacy groups and trainers. These discussions culminated with the National Summit on Media Reforms organised by the Ministry of Media, the University of Colombo, Sri Lanka Press Institute (SLPI) and International Media Support (IMS), and held in Colombo on 13 and 14 May.
We can only hope that the next Parliament, to be elected at the August 17 general election, would take up the policy and law related aspects of the media reform agenda (while the media industry and profession tackles issues like capacity building and greater professionalism, and the education system works to enhance media literacy of everyone).
Pursuing these reforms needs both political commitment and persistent advocacy efforts.
Right to Information: The new Parliament should pass, on a priority basis, the Right to Information Bill that was finalised in May 2015 with inputs from media and civil society groups.
Media Self-Regulation: The Press Council Act 5 of 1973, which created a quasi-judicial entity called the Press Council with draconian powers to punish journalists, should be abolished. Instead, the self-regulatory body established in 2003, known as the Press Complaints Commission of Sri Lanka (PCCSL), should be strengthened. Ideally its scope should expand to cover the broadcast media as well.
Law Review and Revision: Some civil and criminal laws pose various restrictions to media freedom. These include the Official Secrets Act and sedition laws (both relics of the colonial era) and the draconian Prevention of Terrorism Act that has outlived the civil war. There are also needlessly rigid laws covering contempt of court and Parliamentary privileges, which don’t suit a mature democracy. All these need review and revision to bring them into line with international standards regarding freedom of expression.
Broadcast regulation: Our radio and TV industries have expanded many times during the past quarter century within an ad hoc legal framework. This has led to various anomalies and the gross mismanagement of the electromagnetic spectrum, a finite public property. Sri Lanka urgently needs a comprehensive law on broadcasting. Among other things, it should provide for an independent body to regulate broadcasting in the public interest, more equitable and efficient allocation of frequencies, and a three-tier system of broadcasting which recognises public, commercial and community broadcasters. All broadcasters – riding on the public owned airwaves — should have a legal obligation be balanced and impartial in coverage of politics and other matters of public concern.
Restructuring State Broadcasters: The three state broadcasters – the Sri Lanka Rupavahini Corporation (SLRC), the Sri Lanka Broadcasting Corporation (SLBC) and the Independent Television Network (ITN) – should be transformed into independent public service broadcasters. There should be legal provisions to ensure their editorial independence, and a clear mandate to serve the public (and not the political parties in office). To make them less dependent on the market, they should be given some public funding but in ways that don’t make them beholden to politicians or officials.
Reforming Lake House: Associated Newspapers of Ceylon Limited or Lake House was nationalised in 1973 to ‘broadbase’ its ownership. Instead, it has remained as a propaganda mill of successive ruling parties. Democratic governments committed to good governance should not be running newspaper houses. To redeem Lake House after more than four decades of state abuse, it needs to operate independently of government and regain editorial freedom. A public consultation should determine the most appropriate way forward and the best business model.
Preventing Censorship: No prior censorship should be imposed on the media. Where necessary, courts may review media content for their legality after publication (on an urgent basis). Laws and regulations that permit censorship should be reviewed and amended. We must revisit the Public Performance Ordinance, which empowers a state body to pre-approve all feature films and drama productions.
Blocking of Websites: Ensuring internet freedoms is far more important than setting up free public WiFi services. There should be no attempts to limit online content and social media activities contravening fundamental freedoms guaranteed by the Constitution and international conventions. Restrictions on any illegal content may be imposed only through the courts (and not via unwritten orders given by the telecom regulator). There should be a public list of all websites blocked through such judicial sanction.
Privacy and Surveillance: The state should protect the privacy of all citizens. There should be strict limits to the state’s surveillance of private individuals’ and private entities’ telephone conversations, emails and other electronic communications. In exceptional situations (e.g. crime investigations), such surveillance should only be permitted with judicial oversight and according to a clear set of guidelines.
Cartoon by Awantha Artigala, Sri Lanka Cartoonist of the Year 2014
Dealing with Past Demons
While all these are forward looking steps, the media industry as a whole also needs state assistance to exorcise demons of the recent past — when against journalists and ‘censorship by murder’ reached unprecedented levels. Not a single perpetrator has been punished by law todate.
This is why media rights groups advocate an independent Commission of Inquiry should be created with a mandate and adequate powers to investigate killings and disappearances of journalists and attacks on media organisations. Ideally, it should cover the entire duration of the war, as well as the post-war years.
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