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UNP insists on April 23 dissolution of Parliament and elections, but SLFP wants electoral reforms before polls
Surprising turn of events at sub-committee meeting as SLFP presents comprehensive document for constitutional reforms
Crucial talks tomorrow between two major parties, crisis may erupt if talks fail
The Government this week crossed the half way mark of its hundred-day programme to fulfil promises made to the people during the campaign for the January 8 presidential election. Ironically that milestone has arrived with some election assurances remaining unfulfilled and was to take a turn for the worse on Thursday. The two major partners in the rainbow coalition — the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) — failed to reach accord on the impending constitutional changes when the subcommittee on the subject, appointed by the National Executive Council (NEC), met at ‘Temple Trees’, the one-time official residence of the former President and now used more as an office. The NEC is an apex body of the Government’s partner political parties, those who support it and civil society groups. They have named subcommittees for different subjects like constitutional changes and anti-corruption.

SLFP bombshell: A document  on constitutional changes
The SLFP wants the constitutional changes and the electoral reforms to go hand in hand. However, the UNP says only the constitutional changes should be passed in Parliament. That would naturally require a two thirds majority which means the support of the SLFP is a sine qua non. The SLFP holds 126 seats in the 225–member Parliament while the UNP has 41. The last to leave the UNP was General Secretary Tissa Attanayake. As for electoral reforms, the UNP argues that the subject should be taken up by the next Government that emerges after the parliamentary elections. In fact the UNP’s national leader and Prime Minister Ranil Wickremesinghe has declared that the next administration would be a ‘national government.’

The talks collapsed and fears were raised on the future of the coalition which is 52-days-old today. Clouding the issue further were claims and counterclaims. Some partners in the Government were accusing different ministers and officials of ‘going slow’ on investigations into big time ‘sharks’ involved in bribery, corruption and other malpractices. They claim that only the ‘small fry’ were being brought to book. On the other hand, these ministers say the due process of the law should take its course. The debate continues and neither side is winning acclaim from the people on this score and the public ire grows.

However, leaders of government parties met at a crisis session chaired by President Sirisena on Thursday night. Among those present were Prime Minister Wickremesinghe, UNP Chairman Malik Samarawickrema and Jathika Hela Urumaya (JHU) General Secretary Champika Ranawaka. They decided that matters relating to constitutional changes as well as electoral reforms should be resolved through consultations. As a result, delegations of the SLFP and the UNP will meet tomorrow for urgent talks. Yet, there is a rough road ahead for both sides with serious policy differences looming large.

A shock in the turn of events came for the UNP on Thursday afternoon when Opposition Leader Nimal Siripala de Silva circulated a four-page document titled “Proposal of the Sri Lanka Freedom Party on Constitutional Reform.” It was at the subcommittee meeting chaired by Premier Wickremesinghe. The same document was later circulated by de Silva at a meeting of the SLFP Central Committee that followed. Members sought a week’s time to study and respond. The preamble was to cause concern. It said: “It is the firm position of the SLFP that reform of the Executive Presidency and replacement of the current electoral system should be undertaken as a single exercise, to be formulated and carried through at the same time rather than piecemeal.” It added “We are convinced that a high degree of instability will be the inevitable result of reducing significantly the range and content of Executive Presidential powers, while leaving intact the existing proportional representation system.”

The new Financial Crimes Investigations Department of the Police was launched on Friday to carry out speedy and effective investigations into mega deal corruption and other financial crimes. The plain clothed police officers are seen moving into their new office at Carlwill Place in Kollupitiya. This building was earlier occupied by senior ministers of the former regime. Pic by Indika Handuwela

The SLFP stance has angered the UNP. Its Chairman Malik Samarawickrema told the Sunday Times: “We came to a strict understanding with Maithripala Sirisena and Chandrika Bandaranaike Kumaratunga ahead of the presidential poll that there would be parliamentary elections after the pledges in the 100 day programme were implemented. We agreed that electoral reforms should follow after the parliamentary elections when a new Government is in office.” He added, “You cannot now say it might take time and therefore constitutional changes and reforms should be introduced together.” Samarawickrema said: “We agreed that Parliament will be dissolved on April 23 ahead of the elections.” He said that “even the Janatha Vimukthi Peramuna (JVP) is also of the same view.” The UNP Chairman said his party also reached accord with Sirisena and Kumaratunga for the abolition of the Executive Presidency. “Our position on that has not changed,” he added. The positions of both the UNP and the JVP are understandable. Electoral reforms, which are to be a mix of both proportional representation and ‘first past the post,’ would place both parties at an electoral disadvantage as of today. It would be worse in the case of the JVP.

According to the document, the SLFP wants to retain the presidential system with some changes. It says: “The SLFP believes that the overarching Executive Presidential system, embedded in the present Constitution, has a chilling effect on other democratic institutions because of the excessive powers vested in the Presidency. Some of these powers, therefore, need to be removed, but we are of the opinion that there are other powers and responsibilities conferred on the Presidency, which ought to be retained in the national interest.” Whilst reducing the term of the Presidency from six to five years, the SLFP also wants to “restrict immunity in respect of official acts, but challenges should be confined to alleged violation of fundamental rights.” It also wants the power to appoint Secretaries to Ministries be transferred to the Cabinet of Ministers, the President’s term restricted to a two term limit and for such an incumbent to be Head of Government and preside at ministerial meetings. The incumbent President, having taken his oaths, as “Executive President will hold some portfolios at his discretion.” The document, however, notes that “with regard to future Presidents, we favour a constitutional restriction on the portfolios which can be held, and identification of these portfolios. The portfolio of Defence, including the Police Department, should be held by the President.” The SLFP’s views on constitutional changes are shared by the JHU.

The highlights of SLFP’s proposals for changes in the Constitution appear in a box story on this page.
Even ahead of Thursday’s deadlocked talks at the National Executive Council’s subcommittee on constitutional changes, the UNP leadership was incensed by moves to put off parliamentary elections. There is still no official announcement on whether polls will be held only later and if there will be no dissolution of Parliament on April 23. Government spokesperson Rajitha Senaratne told Thursday’s news briefing it was his personal view that polls should be held only after electoral reforms were introduced.

The UNP’s displeasure exacerbated after issues were discussed at the two-day workshop held at the Full Moon Hotel in Katunayake for SLFP parliamentarians. The two main subjects focused on were Constitutional changes and how to further strengthen the SLFP. An analysis of the January 8 presidential election was also carried out.

A draft discussion paper (not the one circulated at the subcommittee) on Constitutional changes sought to restrict the Cabinet of Ministers to 30 with Deputies and State Ministers up to a maximum of 40. In the event of a ‘National Government,’ temporary provisions were to be made for 45 ministers, 55 deputies and state ministers. This is after parliamentary elections are held. A former Minister and key player in the SLFP, who did not wish to be named, said the idea was to have a larger cabinet under a ‘National Government.’ He said transitionary provision was to be made for this purpose in the constitutional changes. “If there is a delay in implementing the pledges made in the 100 day programme, we would then have to consider whether a later poll and a ‘National Government’ now would become immediately necessary,” he pointed out. The final decision on the contents of the latest SLFP document and issues related to it are to be made at the SLFP’s All Island Convention to be held on March 14. The majority of SLFP parliamentarians appeared to favour later parliamentary polls. That is not only to allow time for President Sirisena, the SLFP leader, to strengthen the party. Some of the SLFP seniors point out that the move would also give time for ongoing investigations into bribery, corruption and other malpractices by those in the previous administration and to bring them to courts. Another SLFP senior member, a former cabinet minister, said, “if there is a ‘national government’ ahead of parliamentary polls, President Sirisena wants to add to the existing Cabinet a young batch of SLFPers to infuse fresh blood to the party. He also wants to review the UPFA title to determine whether a name change depicting the new regime is appropriate.”

UNP’s response to the SLFP move
The call for delayed polls in the past weeks by SLFPers prompted Premier Wickremesinghe to summon a meeting of Bhikkus and senior UNP members at the party headquarters Sri Kotha. The event was followed with a meeting with the media. Thursday’s collapse of talks coincided with the event. It thus created the wrong impression in some quarters that it was the UNP’s response to the failed talks. Wickremesinghe told the media he had asked the party to prepare for polls as Parliament would be dissolved on April 23. He noted that with the defeat of then President Mahinda Rajapaksa, parliamentary elections should have been held earlier. “However, we asked for time since relief had to be provided to the people. We also wanted the Executive Presidency abolished,” he declared. The Premier said “it was our idea that there should be a ‘National Government’ in the next Parliament and added that electoral organisers who can draw votes would be picked as candidates. He said party Chairman Malik Samarawickema and General Secretary Kabir Hashim would be in charge of the election campaign. He and deputy leader Sajith Premadasa would give leadership to it.

There is no gainsaying that a major task lies in the UNP leadership in re-vamping the grassroots level organisations. At the January 8 presidential election, these organisations had the staunch backing of sections of the disgruntled SLFP and JVP counterparts. However, at parliamentary polls, they will find these partners as formidable political foes. Another question before them is whether making hectic preparations for polls after a perceived dissolution of Parliament on April 23 would dissipate their resources if it is delayed.

Despite Wickremesinghe’s strong assertions of a possible dissolution of Parliament next month and parliamentary elections thereafter, serious doubts linger. Firstly, it is only the UNP and the JVP that are seeking the dissolution in keeping with the pledge made in the 100-day Programme of Action. This programme is already running behind schedule. Should Parliament be dissolved without the programme being implemented the UNP runs the risk of going back on its word and its promises may not be taken seriously in the future.

Has Ranil got a hidden trump card?
Quite clearly, the majority of seats in Parliament is in the hands of the SLFP, not to mention the UPFA. Added to that, the dissolution of Parliament is a prerogative of the President in terms of the Constitution. Under such circumstances, the Prime Minister could only make a recommendation for dissolution. It is not clear whether his confident assertions are based on hitherto unpublicised assurances both President Sirisena and one time President Kumaratunga may have given or whether he has another political trump card up his sleeve. However, in politics such assurances or assertions could vary from time to time. During the presidential elections of 1994, the then President Kumaratunga gave a written assurance to the JVP that she would abolish the executive presidency if she was elected. This was to win over JVP’s own candidate Nihal Galappathy and his party. She won but the Executive Presidency remains even today. Premier Wickremesinghe announced repeatedly late last year that he would be the UNP’s candidate for the presidential election. However, the candidate was Sirisena.

The crunch of the ongoing issues lay elsewhere, in the assertions made by the former SLFP minister. He underscored the need to examine whether a ‘national government’ would become necessary in the immediate future or ahead of parliamentary elections to be held later. If this materialises, it would amount to a multi-pronged political shot on the UNP. At least 17 more ministers, SLFPers say, would join the Cabinet from the SLFP in the event of a ‘National Government.’ A resultant re-shuffle may see subjects from some of the serving ministers being re-assigned, particularly those who have been found to be wanting due to both allegations against them or for being ineffective. In such an event, the UNP’s move to seek dissolution of Parliament is bound to fail. Hence, that may force the UNP with little or no choice but to quit governing if its calls for dissolution are not answered. That will be a return to the Opposition benches. Not surprisingly, this may see the emergence of an SLFP Government until the end of the current Parliament’s term in 2016.

Notwithstanding doubts over April 23 dissolution of Parliament, it must be said that Maithripala Sirisena did pledge during his election rallies that he sought to abolish the executive presidency. He even reiterated this pledge after assuming the leadership of the SLFP. He said such a leadership would help him enforce the promises he made to the people. However, now that he is leader of the SLFP, it appears that he is being forced to change direction. Of course, there are divisions within the SLFP too. This week saw a group of provincial and local councillors hold a meeting in Matara. They resolved that Mahinda Rajapaksa should be the Prime Ministerial candidate and that the SLFP should not be a party to the formation of a ‘National Government.’ The choice before Maithripala Sirisena therefore is charting a delicate course, balancing between the SLFP and the UNP. If he loses the SLFP’s support, it would be politically suicidal. Equally, the loss of the UNP in his Government, despite some of the shortcomings that have emerged, would deprive the Government of a new image that has won international support. Either way, President Sirisena’s political credibility or trustworthiness is being put to a hard test.

The only way out is if the SLFP and its partners heed the UNP demands — abolish the executive presidency and put off all electoral reforms until the next government is voted to power. That seems highly unlikely judging by the mood in the SLFP. The stakes are too high for the SLFP with some pledges in the 100-day Programme of Work yet to be completed, with the deadlines set out for them long gone past.

The “100 Day Work Programme – Detailed Diary Description” set out a time line that was printed and distributed ahead of the January 8 presidential election. It says;

January 28 – “An all-party committee will be set up to put forward proposals to replace the current Preference Vote system and replace it with a Mixed Electoral System that ensures representation of individual Members for Parliamentary Constituencies, with mechanisms for proportionality”.

April 23 – “Parliament will be dissolved and free and fair elections held under a caretaker government. Following that election, the Prime Minister will be appointed from the party getting the highest number of seats at such election, with a Deputy Prime Minister from the party getting the next highest number. A National Government of all parties represented in Parliament will be established to govern for a period of at least two years. Under the government a National Policy Framework will be formulated to deal with the principal challenges the country faces, and a political culture will be developed to act in accordance with that framework.”

The detailed diary concludes by saying – “The nation is suffering from authoritarianism, and decisions taken by a few family members with no consultation or care for the people. The destruction of ethical and socio-cultural values has led to grave suffering, through massive waste and abuse and corruption and absolute impunity. We need therefore to provide immediate relief to those who are oppressed, and embark on social and economic reforms that will restore normalcy and lead to prosperity for all.”

Not surprisingly, the “immediate relief” to those “who are oppressed” appears slow in coming. UNP Chairman Samarawickrema says our Government “cannot cook up and lock up” people. The due process of the law should take its course, he says. If one is to go by the 100 Day Programme of Work, there are 48 more days to go. How much could be achieved in that short spell remains to be seen.

That is all the more reason why tomorrow’s talks between delegations of the SLFP and the UNP are crucial. They have, together with the support of other political parties and civil society groups collectively voted out the former President to usher in good governance. To say the least, the voters who backed that effort are still waiting for tangible results and more importantly good governance.