President Sirisena talks to the Sunday Times over pol roti and lunumiris SLFP-SLPP common alliance talks take a slow pace President admits no remedy if PC polls are not held first   President Maithripala Sirisena says that he will not call for a presidential election until he completes his full five-year term. If he stands [...]

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Abolition of executive presidency overshadows talk of a presidential poll

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  • President Sirisena talks to the Sunday Times over pol roti and lunumiris
  • SLFP-SLPP common alliance talks take a slow pace
  • President admits no remedy if PC polls are not held first

 

President Maithripala Sirisena says that he will not call for a presidential election until he completes his full five-year term.

If he stands by this assertion, such polls will then be held at a date between November 8 and December 8, 2019. The Election Commission is constitutionally empowered to make preparations for a presidential poll from October this year by calling for nominations. This is just eight months away.

Yet, he has not given up hopes of becoming a presidential candidate. Indications emerged when I had an on-the-record chat with President Sirisena on Wednesday at the Presidential Secretariat. Even if a member of the Presidential Security Division (PSD) was exceptionally rude and prevented me from carrying a tape recorder for the meeting, in marked contrast, the President was polite, looked relaxed and quite hospitable. I had to speak to a PSD officer at the entrance to convince him that the recorder was necessary for reasons of accuracy. He radioed “Gamma,” evidently a senior officer, who promptly asked that I be allowed with an important tool of my trade. I was assured no such orders have been given to the constable who stopped me and they would go into his conduct. He also said the President had also asked whether I had arrived.

I could barely sit on the soft-cushioned sofa of an ante-room across the aisle from the third-floor office of the President. An aide walked in and said that he had asked me to come over. As the door opened, I saw four officials, one a lady, seated opposite his desk in a row and a discussion under way. He interrupted it to ask me to sit on a settee that lay on one end of the room, full of paraphernalia — plaques, vases and other ornate objects. He also asked that I be served tea.

President Maithripala Sirisena and his predecessor Mahinda Rajapaksa in a hilarious mood last Tuesday (Poya) when they met at the Gangaramaya Temple. Pic by Shameera Weerasekera

It took a while for his discussion to be over. He invited me to his desk and told an aide not to allow anyone in. As I sat, he thrust a saucer stacked with thin half round pieces of pol rotti, (made of wheat flour and grated coconut) which were as thin as cream crackers. In the middle lay a small cup with lunu miris or ground red chillies and onions in a paste. He was already having a plain one and I chose the same. A stack of square bran crackers lay on another saucer untouched. He ordered more tea. The conversation began as the table was cleared.

President Sirisena’s remarks assumed greater significance in the light of Friday night’s meeting of partner leaders of the United People’s Freedom Alliance (UPFA). They discussed further the formation of a common alliance with parties that belong to the ‘Joint Opposition’, particularly the Sri Lanka Podujana Peramuna (SLPP).

The 45-minute meeting at President Sirisena’s residence at Mahagamsekera Mawatha on Friday night began late. He had taken time off to swear in Ruwan Wijewardene as the non-Cabinet Media Minister. This was after Mangala Samaraweera, who completes thirty years in politics this week, resigned that portfolio. Samantha Power, one time United States Ambassador to the UN, a personal friend, will deliver a felicitation address on Thursday in his honour at the BMICH.

Contrary to earlier expectations, the meeting was slow moving and raised questions over the prospects of forming a common alliance early. The only decision was that both the SLFP and the SLPP should jointly work on a framework. The proposal came from Dullas Allahapperuma who chairs a joint technical committee that is still formulating a constitution for the proposed alliance. In the light of this, President Sirisena who chaired the meeting, said there was no need for a one-on-one meeting with Mahinda Rajapaksa, the de facto leader of the SLPP. A move to hold a joint May Day rally was mooted but no decision was taken. If the previous meeting decided that the next round should be held last Friday, there was no firm decision on a date for the next meeting.

Two notable absentees at Friday night’s meeting were the SLPP’s nominal leader Prof. G.L. Peiris and the party’s architect and ideologue, Basil Rajapaksa. They were both present at the previous meeting. Also absent was Nimal Siripala de Silva, the senior deputy leader of the SLFP. The slow pace of the discussion makes clear that the dialogue would continue for longer than expected, though the exact reasons are not quite clear.

I asked President Sirisena about the proposed common alliance during our chat. “Our objective is to contest future elections under this alliance,” he replied. Pointing out that the UNP is also in alliance with other parties, he then went on to give a brief account of the history of such alliances, saying “it is not easy to form them.” Here are relevant excerpts:

“In 1956, S.W.R.D. Bandaranaike, who then led the Sri Lanka Freedom Party (SLFP) formed an alliance with the Mahajana Eksath Peramuna (MEP). In 1964 Sirimavo Bandaranaike formed an alliance between the SLFP, the Communist Part and Lanka Samasamaja Party (LSSP). C.P. de Silva broke away with 11 MPs. They voted against the Lake House Bill and defeated the government. In 1965, Dudley Senanayake’s UNP government was in an alliance which was dubbed the “Hath Havula” or partnership of seven parties. Later, they earned the dubious reputation of being the “Kenda Heliya” or a porridge pot. In 1970 Sirimavo Bandaranaike was also in alliance with the Communist Party (CP) and the LSSP. That broke off in 1975. Later, J.R. Jayewardene, won a five sixths majority at the parliamentary elections in 1977. This was not because of his cleverness but because of the collapse of the alliance.

“In 1994, Chandrika Bandaranaike Kumaratunga formed the People’s Alliance and went on to become the President. That was an alliance, too. The most difficult alliance was formed in 2004 between the SLFP and the Janatha Vimukthi Peramuna (JVP) towards a United People’s Freedom Alliance (UPFA). Discussions went on for nine months. The opposition to such a group came only from the children of Ms Kumaratunga. They charged that the SLFP was trying to help those responsible for the death of Vijaya Kumaratunga, their father. They charged that their father would rise from the grave to curse those responsible.”

Why a new alliance now?  What about the so-called national government, I asked. He did not hide his feelings and made clear all was not well between him and the United National Party (UNP) and its leadership. He said, “They are not a clean party. If they were clean from corruption, one could have worked with them. Since the start of the government in 2015, they have been involved in robbery of public funds. It began with the Central Bank bond scandal. The latest is the deal involving the sale of the firm under the name of E.A.P. Edirisinghe where the Central Bank had a big stake. The UNP’s commitment to good governance is only a name board. It is a mere show.”

“People who have not formed alliances are those who do not have experience in politics,” he pointed out in an obvious aside on the UNP leadership. “Without alliances you cannot win elections. If one is to win, you should unite,” he said of talks with UPFA leaders. He said, “We have held discussions for about a month now. It will take another month or two to form a common alliance.” A constitution has to be worked out and how the electoral arrangements will fall in place will have to be seen, he pointed out.

“Do you have hopes of becoming the joint SLFP-SLPP candidate for this year’s presidential election?” I asked. His reply: “Actually we have not discussed about a presidential candidate. What we have discussed is the formation of a common alliance.” I asked: “Are you saying that if you are not the joint candidate, you (the SLFP) will join the common alliance?”

He said: “We have not discussed that as yet. What is happening now is the formation of the common alliance.”

His remarks are true. They are yet to talk of a candidate. Yet, President Sirisena did confess to a close confidante this week that he was still hopeful that he would be the joint candidate. His hopes, according to the confidante, are based on the premise that there were “internal fissures” in the SLPP and it would eventually boil down to him. Added to that is the belief, unconfirmed, that the potential candidate, Gotabaya Rajapaksa, the former Defence Secretary may not be able to relinquish his United States citizenship. To the contrary, this week has seen Gotabaya Rajapaksa stepping up his preparations.

And now, with his commitment to a common alliance, it appears that Sirisena, even if he is not the joint candidate, has to go it along with the common alliance. He has formally ruled out any tieup with the UNP-led United National Front (UNF). He also stands as leader of a divided SLFP where some MPs favour the UNP. This is notwithstanding a road block he has placed on the dissident MPs from joining the UNF as a group or in their individual capacity. That denied to Prime Minister Ranil Wickremesinghe the hope of forming a National Democratic Front (NDF) and be their “joint presidential candidate.”

That does not mean all is lost for President Sirisena. A matter which is the subject of intense informal discussions now seeks to provide a win-win situation for all key political leaders. Whether it will reach fruition remains to be seen but the move is being actively floated around. The idea is to agree to go for a parliamentary election with an understanding on other key elements. One is abolishing the executive presidency and replacing it with an executive Premier. The current President (Maithripala Sirisena) to be allowed another term as non-executive president – and to seek a referendum towards this once the parliamentary elections are over. Some of the key players believe it could materialise immediately after the budget next month (March 5). However, others say it may take more time since many issues would have to be resolved.

Such a move for constitutional changes and a referendum thereafter would need to have the backing of all key political parties Parliament. If this new initiative sees the light of day, it would benefit both Ranil Wickremesinghe (the UNP leader) and Mahinda Rajapaksa (the de facto SLPP leader). Whichever party wins, the premiership will be theirs without any impediment. For the UNP, in particular, the question of another candidate for premiership would not arise. He already holds the post now. For the SLPP, however, there would be issues but the consolation would be Mahinida Rajapaksa becoming the Premier. Pertinent in this regard are remarks made by President Sirisena in Parliament when he gave his own account about issues over the Constitutional Council. His concluding words were: “I admit in the 2015 election that I came to abolish the executive presidency. That abolishment is not something I could do. It is with Parliament. I respect any of the decisions taken by this prestigious House regarding abolishing the presidency. I still stand by that decision.”

President Sirisena also told me during the chat that parliamentary elections would be the “best way out.” He declared “the current Parliament is not stable. How can we proceed in a situation like this? It is good for the people and good for the country if there are parliamentary elections. The current situation affects foreign investment, development and even the psychology of the people.”

The subject turned to pending elections to Provincial Councils. He said, “I submitted a Cabinet Memorandum. I recommended that these elections be held under the previous proportional representation system. There was no agreement from the Prime Minister and his Cabinet. Later, the Prime Minister appealed that he be given an opportunity to discuss the matter with the Speaker. I understand that he has been discussing this matter with his people, though I am not sure whether it is to conduct or not conduct elections.

“Whose responsibility is it to direct the conduct of PC elections?” I asked President Sirisena. His answer: “I would clearly state that it is the responsibility of the Prime Minister. One and half years ago, the terms of North Central, Eastern and Sabaragamuwa Provincial Councils lapsed. Failure to hold elections is a violation of the Constitution. The responsibility lies with Parliament. The person responsible for it is the Prime Minister. I feel that the Prime Minister does not want to hold elections. It is the government side that should take the decision to hold elections. No resolution has been passed in Parliament and that is a matter for the government.”

Last Tuesday, the subject of pending PC polls figured at a meeting of leaders of political parties represented in Parliament. It was chaired by Speaker Karu Jayasuriya. As was expected, there was no decision. After a lengthy deliberation, it was decided to invite Attorney General Jayantha Jayasuriya and the National Elections Commission Chairman Mahinda Deshapriya for a discussion. In clear terms, if the Government did want to conduct PC polls, all it has to do was to fast track amendments to the existing legislation to conduct them under the previous proportional representation system.

That the two senior officials are being called for another meeting, sources close to President Sirisena allege, is to filibuster. Of course, the UNF could say with some justification, though contrary to the democratic ideals it preaches, that the party is not in favour of the old system. It would be then a case of the new system — 60% on the first-past-the post basis and the rest on proportional representation. However, a demarcation of PC boundaries becomes necessary. It was carried out by a Delimitation Commission but has not been accepted. A review Committee headed by Premier Wickremesinghe has not submitted its report on the matter.

Asked whether he had plans to take over the portfolio of Provincial Councils and hold elections, President Sirisena replied, “It is not possible under the 19th Amendment to the Constitution. I cannot take over other ministries than ones I currently hold.”

What can you do if the PC polls are not held? “I can only say it is a violation of the Constitution on the part of the Prime Minister. They should take the responsibility. A resolution will have to be passed in Parliament to resolve the issue.”  In other words, even if President Sirisena exhorts that PC polls should be held, there is no other way he could ensure it takes place. At least legally, it is beyond him.

In Parliament on Wednesday, President Sirisena made a lengthy speech, where he sharply criticised the Constitutional Council. Among the point he made: “ I have made recommendations to the Constitutional Council to consider the seniority of the judges of superior courts when giving promotions. But, continuously the Constitutional Council has rejected these recommendations without giving any reason. What is the reason for this? I have thoroughly scrutinised the reports sent to me by the Constitutional Council to find out the reasons for this. But, with great regret I mention that in none of those reports the reasons were given. Not only that, the Constitutional Council has not informed me a word regarding what was the view of the Chief Justice regarding these recommendations, what was his recommendations and what was his opinion regarding these recommendations.

“I have been informed by reliable sources that the Chief Justice has not shown any objections to the recommendations made by me regarding the appointment of judges of the Superior Courts. All of those recommendations have been accepted by the Chief Justice without any objection. Under these circumstances, I have a question as to what is the power that the Constitutional Council has vested in itself to reject my recommendations.

“Through these acts by the Constitutional Council it demonstrates that the Council fulfils its duties in an arbitrary manner. Not only that, it also shows that the Constitutional Council has no respect for the concept of separation of power and it also works in a manner which will harm the independence of the judiciary.”

Even on the day President Sirisena was making those remarks, the Constitutional Council (CC) went into session. Its members discussed the appointment of a President of the Court of Appeal, one of the causes that led to the latest spat. Speaker Karu Jayasuriya spoke of a letter that has been sent by the President. In keeping with constitutional provisions, however, the CJ has said the person was not suitable. Earlier, he had recommended the same nominee to the Supreme Court. A judicial source explained that the responsibilities were different. This was the reason why the Council had decided not to appoint that person. After Thursday’s meeting, the CC decided to “engage the President” on the subject matter and come to a conclusion thereafter.

President Sirisena explained during the chat that the CC should work according to the 19th Amendment. However, he noted that there were no regulations and no guidelines over how it functioned. They should be formulated and gazetted, he said, He noted that it was the same in the case of various independent commissions. “After all, I am the person who raised 215 votes for the 19 A. I visited some MPs at their homes. The people who gained power used it the wrong way,” he added. He said that it was his view that the CC should act “like the judiciary.”

Some CC members were livid over Sirisena’s accusation that since 2015, 14 of his recommendations have not been accepted. A source said, “When a string of names are recommended, we select the most suitable. Naturally, others remain. This has been very unfortunately totalled together and hurled at us. We have also notified him of the objection we received over the appointment of the CA President by the Chief Justice.”

What about Sri Lanka’s economy? I asked.  President Sirisena replied, “This government’s economic management is a failure. The issues of local debt, foreign debt, issues in paying public sector salaries are mounting. About ten billion rupees is due as payments for private sector contractors. The ministries do not get moneys from the Treasury. For the Moragahakanda and Kalu Ganga projects, two billion rupees is due.  The Health Ministry has to receive three billion rupees. We are in a dire financial and economic crisis. Even payments for last year have not been received from the Treasury.” He charged that a different picture is being portrayed to the people by the UNF leadership.

Talking of his drive against drugs, just this week referred to by the Philippines President Rodrigo Duterte, President Sirisena noted that the kingpins had large assets. That is not a surprise. What is surprising is the fact that no action has been taken against them. In this backdrop, a source close to the President said the first death sentence on a convicted drug lord could take place as early as next month.

President Sirisena quashed rumours reported in the media over the arrest of Makandure Madush, the millionaire drug lord in Dubai. “Only about five per cent of the media reports are true. The others were not only false but speculative,” he said. He noted that some media accounts, like a report on Madush holding ten billion rupees in cash in a bank, are false. “No such thing has been found,” he said. There may be money but we still do not know, he said.

He said that the Dubai authorities were investigating the matter and would take action through courts. They will impose a penalty if he and the others are found guilty. “We can only watch what is going on. We can only send officials after the Court issues a ruling. That again is to extradite them to Sri Lanka,” he said. He also declared as “false” media reports that CID detectives have been refused visas to travel to Dubai. Those remarks make clear a very disturbing reality — different arms of the Police Department leaking their own story to take credit for the detection and glorify themselves. Rather than a fault of the those planting such stories, that seems more an indictment on the media where such reports appear welcome with little or no verification. These are much the same as photos and reports of Sri Lanka envoy’s overseas meeting their counterparts from other countries. After all, that is why they are posted there for.

President Sirisena said, “I am in the process of re-organizing the police.” Noting that the law and order situation “should be strengthened,” he said, police officers could not work under political influence, They should be given the confidence that they could perform their duties properly without fear or favour.  Those who held the Police Department under them, it was mostly a crown jewel on their head than a functioning law and order mechanism. It was abused. He agreed when I said that such reform in the police should come from the top. “We have about 90,000 in the Police. About 95 percent of them are good and work with dedication,” he observed. There were “problems” earlier with appointments to senior positions, However, the issues have now been resolved, he claimed.

It was now time to summon a PSD official to the room. President Sirisena directed that he could now radio his residence and tell them to allow in those waiting to see him. He left to listen to their woes. Api nevatha hamu vemu or let’s meet again, was his parting words.

It is clear from political developments in the past several days that a stalemate of sorts continues. That is whilst back channel initiatives to change the executive presidency, go for parliamentary polls and change the constitution go on with some vigour. Yet, there is a long way to go. There is only one phenomenon that remains unchanged — the uncertainty amongst the people and in the country.

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