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The Government’s two coalition partners — the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP) – are locked in two different proxy wars with each other in a new turn of events which began this week.

For the SLFP, its 16 rebel MPs, now sitting in the Opposition benches in Parliament, have embarked on a project to form a broad coalition of political parties with the exception of the UNP. The process began with a meeting they held last Thursday with the ‘Joint Oppositions’ de facto leader, former President Mahinda Rajapaksa.

For the UNP, it came in the form of a 20th Amendment to the Constitution that sought to further clip the powers of the President and confer them on a Prime Minister. Of course, it came in the form of a Private Member’s motion in the name of four Janatha Vimukthi Peramuna (JVP) parliamentarians — Vijitha Herath, Sunil Handunetti, Nihal Galappathy and Nalinda Indatissa. JVP leader Anura Kumara Dissanayake was present when the motion was handed over to Speaker Karu Jayasuriya.

Barring an occasional verbal volley against selected UNPers, the JVP, a left party with opposite socio-economic and political views, is all too well known for maintaining a close rapport with the UNP since the 2015 presidential election. So much so, the story did the rounds this week that two UNP leaning lawyers, one from the party and another from a minority party, were the authors of the draft – a claim strongly dismissed by the JVP. Yet, the draft 20A, as the highlights reveal, mirrors the current enigma over the office of the Presidency and that of the Prime Minister. It is a public secret that the holders of the two offices are at variance causing heavy political turbulence. Such an imbroglio has already led to economic uncertainty and instability.

MOVE FOR A BROAD COALITION
The SLFP rebel group’s meeting with Rajapaksa on Wednesday evening at his Wijerama Road official residence came despite internal divisions amongst themselves. At least three former ministers who are among those in the group favour the idea of them becoming members of the ‘Joint Opposition’. They are Susil Premajayantha, Anura Priyadarshana Yapa and Lakshman Seneviratne.
However, others led by Dayasiri Jayasekera insist that they should remain within the SLFP, re-organise the party and prepare it for the 2020 presidential and parliamentary elections. In fact, it is the latter group’s view that prevailed when the SLFP leader, President Maithripala Sirisena, gave his nod for the meeting with Rajapaksa.

Earlier, at the party’s Central Committee meeting on May 17, a member of the rebel group unveiled their plans as part of measures to strengthen the SLFP. Yesterday, they held their first public meeting in Matara under the theme Nidhahase Hirda Shakshi to explain their role. “Our aim is to build the SLFP support base that is at some 15 % now to 25%,” said former Minister and Kurunegala District parliamentarian Dayasiri Jayasekera. He said that they were also working on a programme of action identifying priority areas where economic and other development activity should be carried out.

Jayasekera, who is now at the centre of a storm over accepting a million rupees from Perpetual Treasuries, a firm associated with Arjun Aloysius, currently under probe by the Criminal Investigation Department (CID) over the Central Bank bond scam, said: “We do not want to abandon the SLFP.” The onetime official spokesperson did admit that he received one million rupees for his political campaign. But he says he cannot remember who gave the cash cheque or who encashed it – a familiar defence in recent times.

He said, “We are seeking a consensual government without the UNP.” In fact, he told the Sunday Times, “President Sirisena told us at the CC meeting that we should decide on the future of the SLFP” and reminded us that “I have to run the government.” Whether the remarks were a suggestion for the SLFP to quit or focus more on party re-organisation remains unclear. It was at that moment that SLFP patron and former President Chandrika Bandaranaike Kumaratunga walked out from the meeting.

JVP leaders Anura Kumara Dissanayake and frontliners including Sunil Handunetti, Nihal Galappathy and Nalinda Indatissa, handing over the draft 20A to Speaker Karu Jayasuriya in his parliamentary office on Friday.

At Wednesday’s meeting Rajapaksa invited the 16 rebels to enrol in the ‘Joint Opposition’. For now, the JO is spearheaded by the Sri Lanka Podujana Peramuna (SLPP). Jayasekera replied, “I told him you are the cake. We need the icing too.” That seemed an allusion to Sirisena and the need to bring him in. Since the SLPP is another entity, Jayasekera revealed, he told Rajapaksa to “think of Maithripala Sirisena as well.” The former UNP MP added that his group has declared they would act as a bridge to ensure there is re-unity within the SLFP. Another meeting between the rebel group and Rajapaksa is due after June 3. This is to elect new office bearers for the SLFP. Associated with Rajapaksa was G.L. Peiris, the SLPP’s formal leader and three others.

Senior SLPP sources said Rajapaksa reached broad agreement on three main areas during the talks. One was that the breakaway SLFP parliamentary group and the ‘Joint Opposition’ parliamentary group meet together regularly to discuss common issues before Parliament. Another was to formulate a common agenda highlighting their unified positions when tackling political issues. The third, the source said, was an invitation by Rajapaksa to all SLFP parliamentarians to join. He had said as the leader (of the SLPP) he was willing to accept them.

This remark, no doubt, is an assertion that Mahinda Rajapaksa would be the leader of that Front. What would then be Sirisena’s role? That by itself is an indication that many thorny issues would remain and an immediate convergence of the two sides in re-unity is remote if not more difficult. For Rajapaksa and his backers, much more than their proactive campaigns, political windfalls have come their way due to many a flaw and inaction of the Government. Every aspect of public life has been affected as a result.

For the now emaciated SLFP, with little or no bargaining power, Rajapaksa is in an unassailable position to call the shots. More so with added public disgruntlement over recent price hikes, mainly the result of the hike in fuel prices. This perhaps is one of the reasons that prompted Sirisena to ask the breakaway group to be more concerned about the future of the SLFP whilst he had “to run the government.” He may be feeling that time is running out with the party machinery not being geared effectively for the 2020 elections. Both SLFP General Secretary Duminda Dissanayake and UPFA General Secretary Mahinda Amaraweera have come in for criticism over the February 10 local polls debacle and their alleged inability since then to place the party on a good footing. Both have hinted to colleagues they were willing to give up their party positions if they are not wanted. However, the question is who will replace them? Sirisena is running out of options. Any one picked from the breakaway group would draw accusations that they have hijacked the party. On the other hand, there is a dearth of seniors with proven track records.

20th AMENDMENT TO THE CONSTITUTION
The first hints of a 20A being moved by the JVP became public during the week when Parliament took up the vote of no-confidence against Prime Minister Ranil Wickremesinghe. One of the 20A promoters, Sunil Handunetti told the Sunday Times the motion “is aimed at removing the ill-effects of the Executive Presidential system.” He said if the 20A was approved, the Cabinet of Ministers would be stronger than the President.

A significant feature of the draft 20A is the fact that there is no provision for the conduct of a national referendum in the event it is passed by Parliament. The JVP appears to be relying on a previous example — the passage of the 19th Amendment to the Constitution just months after the presidential election in January 2015. Those amendments became law without a national referendum, because any un-constitutional provisions were brought in line with the Constitution and the Government avoided the need to go for a referendum.

Handunetti said, “Abolishing the Executive Presidency is something which all leaders including former President Mahinda Rajapaksa, President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe have promised to do. Therefore, they should stand by their promises.” Of course if the government wants to drag this on, it can do so for about six months, but we believe it would not take so long, he said.

He added, “There are concerns among minority parties, but we are willing to discuss them. Of course, there may be some who do not want to change their positions and it may not be fruitful to discuss it with them. The JVP has drafted this proposal and put it forward for the benefit of the country.

HIGHLIGHTS OF 20A
The Bill seeks to make significant changes in respect of four institutions.
The Office of President
1. The President to be elected by Parliament by simple majority at its first sitting following a general election.
2. The President to ordinarily hold office for five years.
3. The President cannot be a member of a political party while holding office.
4. Executive power to be shared between the President and the Cabinet of Ministers.
5. The President will continue to be the Head of State, Head of the Executive, and Commander-in-Chief of the Armed Forces.
6. The President to receive all Cabinet papers and decisions, and to be entitled to communicate his views on them to the Cabinet.
7. The President to appoint Ambassadors on the advice of the Cabinet of Ministers.
8. The Speaker (and not the Prime Minister) to act for the President.
9. Proceedings for the removal from office of the President may be initiated through a resolution signed by 50% of the members of Parliament.

There are also several consequential amendments following the enactment of the 19th Amendments. For example, it seeks to clarify that in appointing Ministers and Deputy Ministers, and in assigning them subjects and functions, the President will always act on the advice of the Prime Minister (and not “in consultation” on some occasions). It also seeks to provide that in making appointments of Secretaries to Ministries, the President will act on the advice of the Cabinet of Ministers. These were gaps left by the 19th Amendment.
Several executive powers of the President, where he/she acts on his/her initiative and not “on advice” have been retained. These include the power to appoint a Delimitation Commission; the power to permit the appointment of Ad Hoc Judges of the Supreme Court; the powers under the Public Security Ordinance; and all the powers relating to Provincial Councils.

The Office of Prime Minister
1. Where the party that has obtained more than 50% of the total number of seats in parliament had, at the time of tendering nominations, nominated its Prime Ministerial candidate, and that candidate has been elected to Parliament, the President shall appoint that person to be Prime Minister.
2. In the absence of such nomination, the person appointed to be Prime Minister to seek a vote of confidence at the first sitting of Parliament. If he/she fails to do so, Parliament will elect the Prime Minister.
3. The Prime Minister to be the Head of the Cabinet.
Parliament
1. There will be no prorogation of Parliament.
2. During the first two years of Parliament, the Appropriation Bill will be deemed to be rejected only if it is defeated in Parliament on three occasions.
3. Parliament may be dissolved only if the President is requested to do so by a resolution passed with a 2/3 majority.
The Judiciary
1. A court will have no jurisdiction in respect of disciplinary action taken against a Member of Parliament by his/her political party.
2. The President’s power to seek the opinion of the Supreme Court on a question of law or fact is removed.
3. The consultative jurisdiction of the Supreme Court must be exercised in public.

Consequential amendments
1. These amendments will come into force on January 9, 2020.
2. The current President’s term of office will end on January 8, 2020.
3. The present Parliament will be dissolved on February 8, 2020 (i.e. six months ahead of schedule).

WHAT IT PORTENDS:
This Bill appears to be logical successor to the 19th Amendment. In the tumultuous circumstances in which that Amendment was debated and passed at a late night session, especially in the Committee Stage, several errors were made, and this Bill seeks to rectify many of them, especially those relating to the Office of the Executive President.

There are some matters of concern. One is that all the provisions of this Bill, if passed, will not come into force, until January 9, 2020. This means, for example, that all the relevant authorities, including the Elections Commission, will be required under the existing constitutional provisions to engage in the futile exercise of making preparations for a presidential election which will eventually not take place.
Another matter of concern is that, by retaining Article 155 in its present form, the President will exercise the power to declare a state of emergency and make emergency regulations on his/her own, without reference to, or advice from, the Cabinet of Ministers. In practical terms, is this really possible? What will be the consequences?

A third matter of concern is that the President’s term of office is linked to that of Parliament. This means that if Parliament decides, by a 2/3 majority that it should be dissolved after two years, the President’s term of office will also be similarly curtailed. A constitutional Head of State should be the permanent, non-political, unifying figure in the country, and should be assured of a fixed term of office, not dependent on the vagaries of politics.

An official response from the ‘Joint Opposition’ is expected only after the leaders of its constituent parties meet this week. However, a high ranking SLPP source said yesterday it was “highly unlikely” that the party would support the 20A. Similarly, the SLFP, too, is not in favour of the move. It argues that a Constitutional Assembly is set to examine a new Constitution. Hence, it asks why there is a hurry to rush through 20A when there are a number of other priority issues for the government. Without the SLPP and the SLFP, 20A will not be able to muster a two-thirds majority to pass the Bill.

‘Joint Opposition’ Parliamentary leader Dinesh Gunawardena protested this week at a meeting of the Steering Committee chaired by Premier Wickremesinghe, over reports that a group of experts were formulating a new draft constitution. According to a JO source, this was after the Tamil National Alliance (TNA) threatened to stage a non-violent civil disobedience campaign demanding that the Government address issues it has pledged to the Tamil community. Gunawardena told the meeting that it was highly irregular for anyone other than the Steering Committee to formulate a new Constitution. When Wickremesinghe said there was no such move, Gunawardena insisted that the fact should be incorporated in the minutes of the meeting that was being held after a lapse of six months.

Thus, both the moves for a grand coalition without the UNP and a project which is sure to receive UNP support to curtail powers of the Presidency are doomed to fail. Ironically, staying in power appears to be more a priority than addressing the woes of the public.