Erandi de Silva

Import controls - out of control?

Covered in the Colombo Telegraph

By Erandi de Silva

As the COVID-19 virus forced much of the world into lockdown, the scale of interdependence and reliance on trade across nations was apparent by the global urgency to re-open economies as soon as possible. The shortage of goods and loss of income experienced due to the disruption of supply chains helped some nations realize that a country typically stands to lose more than it may gain by being shut out from the global market. Sri Lanka continually increasing import controls and locking itself out of trading networks then begs the question, why are we punishing ourselves? 

A common justification in people’s minds may be that difficult times call for difficult measures; curbing imports may seem inevitable amidst the current health crisis caused by a contagious virus and the financial threat of a depreciating currency. However, as elections are approaching, it appears these decisions are primarily driven by political and not economic motives. Given that Sri Lanka’s exchange rate became a key campaign topic in the last election, the current rise in import controls seems to be an attempt at artificially maintaining a “strong” currency prior to elections after the excessive money-printing in March this year. 

Furthermore, such decisions should also be recognised as far more than precautionary policies due to the pandemic, and rather, a projection of the national tendency to revert to protectionism. The ban placed on maize imports in mid-January (prior to when the first case of coronavirus was reported in Sri Lanka) indicates this predisposition. Sri Lanka exhibits a recurrent desire - often fueled by nationalistic rhetoric - to boost domestic production or even become self-sufficient across various sectors and industries, sometimes in complete ignorance of comparative advantage and practicalities. This is evidenced in the aftermath of importing 5,000 milk cows in order to boost local dairy production in 2017 which led to many farmers accruing debt whilst over 400 cows died due to poor living conditions. Not only did it result in Sri Lanka still importing; this method was more expensive because now money had to be spent to feed and care for the cows in the absence of their natural habitat. Despite this result, the new Government again approved a proposal to import 2,500 cattle from Australia on the 1st of June this year in the hope of curbing milk product imports to Sri Lanka.

In the case of import controls and such protectionist actions, problems tend to manifest regardless of the intentions behind the implementation of such policies. For example, the maize embargo which was imposed with the intent of accelerating domestic production and protecting local farmers has led to several adversities - now including a shortage of supply. It is important to note that the brunt of the outcome was faced by a vulnerable stakeholder that the Government aims to protect: small-scale poultry farmers. As the main consumers of maize (because it is needed for chicken feed), poultry farmers were initially forced to pay higher prices to obtain maize and were at the mercy of Sri Lanka’s oligopoly of grain collectors. The problem was exacerbated as domestic stocks of maize withered away and suppliers could not import to fill the deficit. According to the Export Development Board, Sri Lanka imported 102,461.175 metric tonnes of maize in 2019 despite domestic production for the year being at 245,647 metric tonnes. This clearly reflects that the local demand for maize is far greater than the domestic capacity for maize production. Another example of unintended consequences can be extracted from the confectionery industry which recently expressed concern regarding the inability to access imported raw materials that are necessary for cost-effective local production. The 340% special commodity levy on block fat and margarine imports which was introduced this month has led to significant strain and job-insecurity within the industry

The new administration recently reiterated their pledge made under the ‘Saubhagya Dekma’ policy statement of turning Sri Lanka into a “people-centric production economy”. Despite his claim that limiting imports has “paved the way” for a production economy, it is necessary to understand that even most local businesses require imported materials in order to produce. The latest statistics from the World Bank indicate that 38.19% of our total merchandise imports are intermediate goods that are used locally as inputs for production. Regardless of our ambitions, Sri Lanka’s economy requires imports for growth. Many of our consumables are imported and local businesses, including key exporters such as the textile industry, use imported raw materials. Curbing imports will impede the ability of local businesses to cost-effectively grow.

If the Government fails to readjust its policy on import controls and continues down the path of increasing protectionism post-COVID-19, Sri Lanka may continue to face economic instability and revenue loss within the sectors that are affected by these constraints. Ultimately, despite the rhetoric and propaganda of “saving local businesses” and creating a brand of “made in Sri Lanka” that enamours the public during political campaigns, it is often the most vulnerable within local businesses that stand to lose the most from the enactment of protectionist policies. As poultry farmers struggle to maintain their income and employees within the confectionery industry remain anxious about the status of their jobs, the question remains: why are we punishing ourselves?

The opinions expressed are the author’s own views. They may not necessarily reflect the views of the Advocata Institute or anyone affiliated with the institute.

Post-independence reflections: Gaps in our freedoms

Originally published in Daily Mirror, and Daily FT.

By Erandi De Silva

Seventy two years ago, Sri Lanka gained independence from the shackles of British rule. This meant the autonomy to govern our people, the freedom to create and maintain our institutions and the ability to carve our own political narrative. Beyond political liberty, independence also restored our control over land, resources and Sri Lanka’s economy; we obtained the prerogative to our prosperity. 


Reflecting upon the speech delivered by President Gotabaya Rajapaksa on Independence Day, it is clear that the modernisation of restrictive and out-dated systems, ensuring the increase of efficiency within the local institutions and curbing corruption are well within the new government’s mandate for the country. Upon welcoming this anniversary and amid the dawn of a new decade, it is important that we do more than celebrate the past – it is time to reflect on the extent to which we have secured our future.


The most recent revision of the Economic Freedom of the World Index ranks Sri Lanka at 104, out of a total of 162 countries. While our ranking places us at the lower end of the spectrum, we fare exceptionally poorly on the ‘Legal System and Property Rights’ indicator with an overall score of 4.91 out of 10. It is clear that Sri Lanka has taken certain measures and improved our overall score for Economic Freedom throughout the past few decades and consistently increasing its ratings, apart from the slight deviation from 2015-2017. However, our pace towards such progress and reform has been sluggish compared to that of other countries and our regional competitors. This is reflected in our overall rankings on the index as they have consistently deteriorated from 1980 (ranked 68) to 2017 (ranked 104), even as our scores inched higher over time.  


Given the relative progress and prosperity of other nations that have scored and ranked higher on the index (such as Singapore, Malaysia, Thailand and India), it is evident that Sri Lanka has to prioritise similar reforms – starting with our most vulnerable areas – in order to improve our economic and political future.

 
Main problem areas
Under the ‘Legal System and Property Rights’ indicator, our lowest performances are for the sub-indicators ‘legal enforcement of contracts’ and ‘impartial courts’, where we score 3.61 and 3.74 out of 10, respectively. Sri Lanka’s legal system is notorious for being riddled with corruption, lack of transparency and inefficiency. 


In 2018, the Justice Ministry revealed that 697,370 court cases had been brought forward from 2017, in addition to the cases filed that year itself; at the end of 2018, a total of 775,620 cases that were due to be settled were still pending in court.  


Despite the effects of the 19th Amendment to the constitution that significantly curtailed the excessive control and influence of the executive, alleged corruption and manipulation of the judiciary has still been prevalent due to the persistence of political appointments and the intimidation and transfer of judges upon behaviour that is unfavourable to those in power.  
Therefore, the ability to hold politicians and officials accountable has remained challenging, especially in the lower courts, leaving civilians untrusting of and unsupported by the legal system. 


Furthermore, the time and cost required to enforce a contract through Sri Lankan courts is considered extremely arduous and time-consuming, compared to the processes of other economies within our region; we rank 164/190 with an overall score of 41.2/100 for ‘Enforcing Contracts’ under the Ease of Doing Business index published by the World Bank.


The state of property rights in the country is similarly complicated and ruptured. While there are many delays and inefficiencies in procedures such as registering property, some of these issues are often linked to issues within the legal system as well.


The inability to quickly settle minor disputes over land ownership and the struggle to find relevant records within out-dated systems of data collection further deteriorate our standing in terms property rights. Sri Lanka scores particularly low on the sub-indicator ‘Quality of the land administration index’ under ‘Registering Property’ for the Ease of Doing Business index 
(scoring 5.5/30).


Impacts of our weak systems
Apart from affecting the general security, autonomy and free-will of individuals within our country, Sri Lanka’s inability to maintain and improve the status of its legal systems and property rights has had significant impacts on the state of our economy and future prosperity as well.

At the end of 2018, there were.png


The perceived instability and corruption within the legal system often lead potential investors and business away from the country due to their doubts about the strength of the rule of law and its enactment. The likelihood of commercial disputes being prolonged and unjustly handled by the courts further harms our prospects of attracting local and foreign commerce into Sri Lanka. The inefficiencies of the legal system also render it an unreliable solution to the woes of local entrepreneurs and small businesses, acting as a legal barrier to their growth and development.


Moreover, the disputes, bureaucracy and technicalities that convolute property ownership in Sri Lanka further deter the emergence and growth of new businesses and entrepreneurs that could enrich our economy. For example, the inability for many individuals, such as farmers, to secure titles to their land severely curbs their ability to invest and make full use of the property they cultivate within. 


It also inhibits the growing land markets and the potential to use land as collateral within the country. Such issues squander the potential of our youth, resources and skills and ultimately hinder the progress of our entire nation.


Pathway to reform
Given the above problems and their precarious effects on our economy, it is clear that Sri Lanka needs to prioritise reform for its two most vulnerable areas that have long been neglected by politicians and those in power. 


Readdressing the promises brought out by the former Digital Infrastructure and Information Technology Minister Ajith P. Perera, in September 2019, one major leap in streamlining and reforming our legal system would be looking towards digitisation. While it would be a long-term investment and a difficult step for Sri Lanka, it would be a crucial step that may concurrently curb the corruption, manipulation and inefficiency of our current system as well as improve upon the system’s transparency and accessibility to the public.


As Dr. Laksiri Fernando presented in 2019, digitisation of the court system “could not only expedite legal proceedings, crime control and civic justice” but also “ensure common standards throughout the country” in terms of how proceedings take place and how all citizens are treated within the court system. Human errors and language barriers may also be overcome while reducing the time and cost of legal proceedings for both the government and civilians.


Furthermore, the digitisation of legal records, including those related to land ownership, could prevent the misplacement and damage of relevant documents in the case of necessity. The ‘e-land’ initiative by the Registrar General’s Department to enable the digital protection and registration of legal documents pertaining to movable and immovable properties may be considered a good first step. 


In his speech, the president acknowledged the importance of an independent judiciary “for the well-being and advancement of any democratic society” as well as affirmed the need to revise systems that prevent people from freely undertaking self-employment or engaging with businesses.  While this admission on the need for reform is commendable, it is necessary that we ensure it more than mere rhetoric that placates us as weak institutions persist over time. 


A completely functional digital court system may still be quite a challenge that will require constant dedication and fruitful efforts in order to be successfully implemented. In the meantime, it is crucial that the government takes all possible measures to focus on the improvement of our legal sector and the fortification of our property rights as they are fundamentals to ensuring the protection of individual liberty as well as the state of our economy. 


Free from the limitations of our colonial past, land and time are priceless resources that are well in our hands; Sri Lanka’s progress is now contingent upon our prioritisation. Ultimately, a nation is only as independent and free as its people are; if Sri Lankans cannot be promised security through law and access to land, it appears the fight for freedom is still ongoing. 

Trouble at our borders

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In this weekly column on The Sunday Morning Business titled “The Coordination Problem”, the scholars and fellows associated with Advocata attempt to explore issues around economics, public policy, the institutions that govern them and their impact on our lives and society.

Originally appeared on The Morning


By Erandi de Silva

Sri Lanka’s long-standing system of “para tariffs” is a regressive institution that is fairly unknown to the everyday Sri Lankan. A para tariff refers to a type of tariff that is levied on top of the regular Customs Duty that all our imports are subjected to. It is surprising to learn that most of our imports endure not only the regular Customs Duty, but also the Port and Airport Development Levy, “CESS” (Export Development Board levy), and VAT (Value-Added Tax).

Effects of our current tariff system

These taxes stem from revenue concerns and protectionist motives to protect specific local businesses and reduce imports. However, the unsavoury reality is that it deters international trade while making imported goods incredibly expensive for all Sri Lankans. Despite the Customs Duty that already amounts to 30%, once the para tariffs come in, the total tax on most goods – from food to personal care items – can increase anywhere from 50% up to 100%. This severely limits our ability to choose the products we want to consume and puts even basic items almost out of reach in terms of the price point for most people.

Another primary issue with the prevalence of para tariffs is the lack of transparency for the general public. While most are simply unaware of the complexity of these taxes and their effect on the cost of our goods, the current system makes it exceptionally tedious and confusing for ordinary citizens who wish to access and understand our tariffs, as the method used to calculate the total tariff of a good is unclear.

Moreover, as this convoluted system is incredibly difficult to grasp and manoeuvre, locals who attempt to ship in products or factor inputs for their own businesses or personal needs will be slapped with massive fees that they did not anticipate for their shipments. This increases their costs, making growth unlikely for local businesses that need imported inputs as well. This is highlighted in a 2019 study by Asian Development Bank (ABD), which reports that local exporters cited inadequate access to imported inputs at competitive prices as one of their top challenges.

Local producers who are not import-dependent also lack the incentive to improve their products and lower their prices as they have no foreign competition; they can price higher as imported products are artificially more expensive. This means our local products remain internationally uncompetitive and our imports are unnecessarily expensive, while producers increasingly rely on the Government to protect their profits. In short, this system is counterproductive – it both hinders affordable imports and the growth of many local businesses.

Guides for positive reform

If the Government truly cares about the quality of life of Sri Lankans, it would take steps to increase consumer choice and affordability as well as improve our local businesses. Trade liberalisation is by far one of the most effective methods of achieving these outcomes. Replacing our confusing system with a uniform tariff rate could be the first important step in this journey.

Given the issues elaborated above, it is clear that our current reliance on the overcomplicated para tariff system is detrimental to the country’s economic interests and future growth. It is time for a different approach, and to some extent, the Government has come to this conclusion. The National Policy Framework includes the point “reducing import taxes on raw materials and intermediate goods to promote domestic production” under its macroeconomic policy framework. While tariff reform has to be much broader for the country to reap real economic benefits, this is one component.

Chile, which is often championed for its move towards trade liberalisation after a long history of protectionism, experienced significant growth subsequent to the introduction of a flat tariff for imports. This reform to simplify border tariffs led to a better allocation of local resources as it prevented preferential treatment of particular industries and local producers. Therefore, the market evolved to be more competitive and local businesses found it easier to access the necessary imported inputs they needed. This helped steer growth in the export sector as well, causing the volume of total exports to rise at an annual rate of 8.1% from 1990 to 2003. Despite the initial flat tariff rate being relatively high, the implementation of a uniform rate itself stirred positive effects while also inspiring further liberalisation. The rate of the flat tariff was gradually reduced over time up until the year 2003, and Chile now boasts a uniform tariff as low as 6% along with multiple free trade agreements (FTA) that completely eliminate tariffs for the countries involved.

Tax iceberg

Even though Sri Lanka’s case may not be identical, it is evident that simplifying and integrating tariffs will reduce confusion, increase transparency, and remove red tape that stands in the way of better trade, which in turn bring more opportunities for economic growth. Although it is not necessarily the desired endpoint, if Sri Lanka wants to maintain its tariffs at a relatively high level, the Government could still eliminate the para tariff system and impose a single, uniform rate that encompasses the same level of protection for all local industries.

At the very least, this could still facilitate much better exchange at the border by bringing more clarity to the system and eliminating the current uncertainty about the total tariff value for a product. This reform could then improve our local businesses and export sector by increasing accessibility to imported inputs for local companies, as it did in Chile. In the long run, however, a uniform tariff will not single-handedly improve much if the rate of tax is still incredibly high; Sri Lanka would also have to gradually reduce the overall tariff rate and engage in other strategies to ease trade for the benefits of a more comprehensible tariff system to truly materialise.

If the Government takes the right actions, this could be the beginning of a positive trajectory towards a more functional and effective tariff system. The question is: “Are we ready to break down some walls?”


Allocating ministries: scenario post-parliamentary election

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In this weekly column on The Sunday Morning Business titled “The Coordination Problem”, the scholars and fellows associated with Advocata attempt to explore issues around economics, public policy, the institutions that govern them and their impact on our lives and society.

Originally appeared on The Morning


By Erandi de Silva

With the 2019 presidential election complete, some of the main policies that have been outlined include establishing a meritocracy, improving efficiency, and eliminating corruption. Although an interim cabinet has now been appointed, the upcoming 2020 parliamentary elections will ultimately determine the new government of Sri Lanka. Given this, it is necessary to take a deeper look at the structure and functionality of our ministry system.

Why should ministry allocation be a policy priority?

Sri Lanka had a total of 34 different ministries that each contain numerous departments under them. However, these ministries and departments are often arbitrarily created and grouped within a complicated structure that doesn’t make a lot of logical and functional sense (for example, the Ministry of City Planning, Water Supply, and Higher Education). Allocation of ministry positions in Sri Lanka is also often decided based on party seniority, and not on the minister’s educational background or familiarity with the subject area.

To make things more difficult, cabinet reshuffles are not uncommon as governments struggle to balance functionality and keeping their cabinet members content. With each reshuffle, ministry positions are moved around, ministries are renamed, and departments are relocated. This results in unnecessary institutional costs as government employers adjust to new reporting structures, new bosses, and new work priorities. These reshuffles damage inter-ministry relations and disrupt the flow of project work.

When ministry allocations defy logic and ministries are given mandates that encompass topics as diverse as telecommunications, foreign employment, and sports, prioritisation of work can be understandably difficult. Apart from the challenges that come with such a diverse ministerial portfolio, when the departments under them are allocated in a seemingly ad hoc manner, the problem is exacerbated. For instance, when departments that serve similar objectives are strewn across various ministries, it may hinder co-ordination and cripple the department’s ability to function well.

Ultimately, the system creates unnecessary confusion and inconveniences to both the public that require services from various departments and the public servants that find it very difficult to do their job. This not only blocks the general progress of development but also makes larger government projects to transform the economy tedious affairs.

Sustainable reform

Singapore, which is hailed as a bastion of modern development in Asia, now has merely 15 ministries in comparison to the 34 that existed in Sri Lanka. This suggests that when it comes to efficiency in the public sector, perhaps the phrase “the more the merrier” is not appropriate.

Of course, these observations have been made before. In early 2018, Dr. Sujata Gamage presented an alternate framework for clustering cabinet portfolios under 15 core subjects that can be refined and redefined as necessary. This clustering of portfolios is centred on subject area, and included practical changes such as the shifting of vocational training out of the portfolio of the Ministry National Policies, Economic Affairs, Resettlement and Rehabilitation, Northern Province Development, and Youth Affairs, and under the purview of the Ministry of Education. However, given the reality of politics in Sri Lanka, the number of portfolio positions demanded is possible to increase as governments distribute positions of power. Though this is not ideal, the system may still remain functional if these positions are created under the respective 15 core subjects.

While clustering is an important step, it will only facilitate better policymaking and implementation. It does not guarantee that the country will see the envisaged improvement in the government service. Addressing this concern, the Ceylon Chamber of Commerce has put forward further recommendations focused on the introduction of performance indicators. These indicators (which would be measurable and specific) would be set up for each ministry to ensure ministers are made accountable for the delivery of their key objectives. Making these indicators public at the beginning of each fiscal year would create a stronger culture of accountability in the government service. To push this reform further, ministerial performance on these indicators should also be a main criterion when allocating funds for the following years.

The introduction of performance indicators could ideally be coupled with the proposal advocating for a layer of technocrats (that are independently and impartially selected by a civil service commission) entrusted with daily administration duties under the ministers. This would ensure that ministers do not run astray with unrestrained power and that hasty election promises are weighed against legal, moral, and practical implications before being transformed into policy.

In light of these existing suggestions, and the evident complications of our current system, it is necessary that we streamline the allocation of our ministries by systematically grouping only the relevant departments that share a broader common objective together in order to create a clear mandate for each ministry and ensure proper channels of communication and co-ordination.

After parliamentary elections, the new government should move away from constant reshuffles in order to create policy stability and a continued flow of work within government. Finally, as President Gotabaya Rajapaksa himself pledged to support, cabinet ministers should be appointed upon a system of meritocracy. Their selection must be based on their level of competency and familiarity with the area of authority as opposed to seniority within the party.

The new government has a window of opportunity until parliamentary elections. This space and time can be utilised to formulate a structure of performance indicators and set the foundation for a more efficient and accountable system.

If these reforms are made and accountability is ensured under each ministry, it is likely that overall efficiency will increase. This means that government decisions like budget approvals and approval for projects can happen a lot faster, public services through each department will be more efficient and accessible, and public servants are provided with secure employment positions and clear responsibilities under their jobs. If the President is truly serious about improving the efficiency of our country, promoting meritocracy, and erasing corruption, what better way to start than with the peak of our governing administration?