The Political Column

6th February 1999

Ranil under rebel pressure

By our Political Correspondent

Former Indian Prime Minister Inder Kumar Gujral, former Indian Chief Justice P. N. Bhagawati and South African Constitutional Court Judge Albie Sachs were those who showered accolades on President Kumaratunga and the government for their sincerity in finding a solution.

These eminent persons were in Colombo last week to attend commemorative ceremonies in honour of the slain TULF leader Dr. Neelan Tiruchelvam. Minister G. L. Peiris who also participated in a commemoration programme had an opportunity to brief the visiting intellectuals on the government's efforts to find a negotiated settlement. Addressing participants from various countries, Prof. Peiris said that for the first time there was a likelihood of implementing the proposals to end the ethnic crisis as the UNP had indicated that it would help the government get the required two thirds majority in Parliament to push through the draft constitution. He said the government would place before the LTTE the framework of a devolutionary arrangement that commands acceptance by all political parties in Sri Lanka. "This is a significant breakthrough," Minister Peiris told the visiting intellectuals who commended the President's commitment to finding a negotiated political settlement to the ethnic problem.

In keeping with Prof. Peiris' hope-stirring statements, PA leaders have completed a series of discussions on the draft constitution and they are likely to meet leaders of Tamil parties from Tuesday to know their views and get their support for constitutional reforms. A senior minister told this column that there was a remarkable progress on the part of the government since it had been able to reach consensus with almost all the constituent parties on the package. Giving top priority to the matter, President Kumaratunga has made it a point to chair all these meetings to expedite the process.

Soon after the talks with the Tamil parties, the President is expected to talk to the UNP on the proposals. She also had made it a point not to make the talks open ended since she wants to finalise the draft within a time frame – probably before the next general election scheduled for August.

It seems that the President prefers a general election only after achieving something constructive for the well-being of all Sri Lankans. So her priority is to resolve the ethnic crisis within the shortest possible time frame.

Apart from a few amendments, the draft proposals presented in 1997 remain more or less the same. Differences among PA constituent parties on certain provisions of the draft constitution had been sorted out at the consultative meetings. The thorniest issue was the nature of the state but a consensus was reached on this matter. Accordingly, "Union of Regions" as envisaged in the original draft will be replaced by the word "United" to dispel any doubts that the government is indulging in an effort to create a fully fledged federal setup. In other words, though Sri Lanka would be referred to as a united country, the new constitution would reflect salient features of a federal outfit.

In this regard, the government is said to have studied the South African model where the character of the state is not specified in the constitution. But its features indicate a moving away from the unitary character to a more federal setup.

With the new constitution Sri Lanka could also see the emergence of a second chamber, similar to the Senate which functioned under the Soulbury Constitution.

PA leaders have agreed to this in principle to help prevent polarization of administration between the centre and the regions. The introduction of a second chamber is of paramount importance to any government which devolves power extensively to the regions. Hence it becomes an apex body where regional participation in the centre is guaranteed. It would be a vital link between the centre and the regions and is more likely to be used as a tool to prevent secessionist tendenicies and similar problems.

Tamil party leaders are likely to take up this matter when they meet government leaders this week. The SLMC has already agreed to a second chamber and its General Secretary Rauf Hakeem had played a prominent role in promoting the idea among the PA constituent parties.

Another matter that remains a contentious issue is the merger of the Northern and Eastern provinces. It is likely that the government would hold a referendum in the East to find out whether the people there would prefer to join hands with those in the Northern Province to form one council for administrative purposes. But in view of survey findings that gave favourable results to the government, PA leaders are suggesting the question to be asked in the referendum should be re-worded. In the circumstances, the voters in the East will be asked two questions - whether they want to merge with the North or whether they prefer to remain as a separate province.

If the people of the Eastern Province decide to remain as a separate entity, then the question of carving out a separate South-Eastern Council with a Muslim majority – an issue the SLMC has been agitating for - would not arise. But if the people of Trincomalee and Batticaloa districts decide to join up with the Northern Province it would give birth to a South-Eastern Council. The question of the North-East merger will remain as the most sensitive issue until the people of Trincomalee and Batticaloa decide which way they want to go.

The possibility of people of Trincomalee and Batticaloa voting against the North-East merger has sent jitters among Tamil political circles. In this context, the referendum results in the Trincomalee and Batticaloa districts would either create fresh problems for the government or resolve the matter for good.

The other main question the government ought to tackle with similar intensity is the abolition of the Executive Presidency – a promise made by the PA in 1994. Strangely, this matter has still not come up for discussion among the PA constituent parties. The main concern of the government right now is to finalise the devolution proposals but whether the Executive Presidency should be extended for another six years or not is yet another matter to be decided.

The opposition UNP may, however, seek to abolish the executive presidency for its own political advantage. Though it was not keen at one stage to abolish the Executive Presidency, the UNP has how realised that it would be rather difficult for any party in the opposition to come back to office as long as such a system exists. Hence, the UNP's priority would be not only to insist on the inclusion of independent commissions on elections, police and public service in the new constitution but also the abolition of the Executive Presidency.

It is interesting to see how the government would react to the UNP move. President Kumaratunga who often condemned the J. R. Jayewardene constitution on numerous occasions gave a written pledge to the JVP in 1994 that she would not hold on to the Executive Presidency which the PA described as the bane of the country. However, five years later, the government is still in two minds whether it should abolish the Executive Presidency altogether, or sustain it with some modifications.

At present the government is confident that the new constitution could be enacted with the support of all political parties, but the pertinent question that arises is whether this exercise would bring about peace or at least lead the country closer to any negotiated settlement with the LTTE. All this will depend on the response of the LTTE.

Besides the new constitution, the other significant turn of events in the Sri Lankan political scenario is the judgment delivered by the Supreme Court, upholding the position taken up by the UNP dissidents.

The Supreme Court Bench comprising Acting Chief Justice A. R. B. Amarasinghe and Justices Shirani Bandaranayake and Ameer Ismail, was unanimous in its decision when it held with the petitioners - Wijeyapala Mendis, Sarath Amunugama, Nanda Mathew, Susil Moonesinghe and Chula Bandara.

Justice Amarasinghe said the five MPs had alleged that their expulsion was not valid as the UNP had failed to comply with the principles of natural justice. Here the respondents (the UNP) had failed to establish that the expulsion fell within the category of "extraordinary, urgent circumstances recognized by the courts of law." The Bench held that the decision to expel the petitioners was invalid for want of procedural propriety. The judgment has apparently sent shock waves across the UNP. But UNP leader Ranil Wickremesinghe appears to be unruffled by all this. He has no intention of initiating a fresh inquiry against the dissidents for matters that took place subsequent to their expulsion from the party. Mr. Wickremesinghe is of the view that the party does not want to go into this matter and preoccupy themselves with witch-hunting at a time when the party is facing other problems which are more serious in nature.

The immediate priority of the UNP appears to be to launch a campaign for the restoration of democracy and law and order in the country in view of increasing crime rates and lawlessness and activities of underworld gangs. It is to a UNP that is busy with organising a major campaign that the victorious UNP rebels sent a letter calling for more democracy within the party. Susil Moonesinghe, one of the rebel MPs, told this column the judgment safeguarded the democratic rights of parliamentarians. "Today, as it stands, an MP is completely subjugated by the tyranny of the party. In England and in the US this is different. The decision of the party leader to expel the five members from the UNP shows a decline in the democratic ideals within the party. In the circumstances the judgment of the Supreme Court is laudable," he said.

Asked about their next step, Mr. Moonesinghe said the general membership of the party should look at the UNP constitution seriously. "It is a dictatorial constitution," he said. Calling for drastic changes in the party constitution, he said the present system of appointing the working committee entirely by the party leader should be changed. He proposed that while the leader appointed 25 persons to the working committee, the other 25 should be elected from the national executive body.

Mr. Moonesinghe said that if members were not given a free hand to express their views, it would contribute towards the deterioration of the spirit of democracy.

The dissidents also wrote to the respondents in the case - UNP Chairman Karu Jayasuriya, General Secretary Gamini Atukorale and Treasurer Milroy Perera. Excerpts from the letter state:

"Consequent upon the judgment of the Supreme Court … which held that our purported expulsion from membership of the UNP was illegal, null and void, we have once again been restored to our membership of the party with all the rights and privileges appurtenant thereto.

"The Supreme Court has held that the party had violated our rights to natural justice by expelling us ex-parte without a hearing. While the said judgment is a vindication of our position, it also manifests that a fundamental injustice was perpetrated against us by the denial of this most basic of rights to its members, particularly elected Members of Parliament.

"We therefore urge our party which is one of the oldest political parties in Asia committed to democracy and human rights and which already provides in its constitution for a disciplinary committee and which has in place guidelines for the conduct of disciplinary inquiries, that henceforth no member of the party be the subject of any disciplinary action whether by way of suspension, expulsion or otherwise except after compliance with the principles of natural justice including the holding of a fair inquiry."

Later in the evening the dissidents had another meeting at Ven. Elle Gunawansa Thera's temple at Bauddhaloka Mawatha to decide on the next step.

Mr. Mathew told this column that more UNPers were willing to join them at the appropriate time. He said the rebel UNPers might call for the resignation of Mr. Wickremesinghe as party leader. Already two names have emerged - Karu Jayasuriya and Susil Moonesinghe. However, party insiders say Mr. Wickremesinghe's position has been well entrenched and he faces no threat. Moreover, the rebels do not have much support in the party and analysts say they can hardly make any impact in the party.

At the same time Mr. Wickremesinghe is not taking the rebels seriously since he feels that their fate will be decided by the people at an election, sending them to the political wilderness. Mr. Wickremesinghe told friends the dissidents could either work with the government or come back to the party since there were only six months for the next general elections.

In the meantime, the UNP has started interviewing candidates for the next elections. Even sitting members seeking nominations have also been asked to appear before this board headed by Mr. Jayasuriya as there were complaints against them.

Meanwhile, the Supreme Court judgment is likely to surface at the UNP working committee meeting tomorrow. Some party stalwarts are said to be gearing up to take the UNP legal team to task for not handling the case tactfully. Mr. Wickremesinghe is said to have taken a position that he acted on the advice given by party legal experts, including eminent lawyer K.N. Choksy.

It should be recalled that the party leadership and the legal team came in for heavy criticism during a working committee meeting last month for the position it took in the case against the appointment of the Acting Elections Commissioner. The UNP in this case has agreed with the contention of the Attorney General and vindicated the President's position in appointing the Acting Elections Commissioner. All these matters are likely to surface at the group meeting as well as at the UNP's working committee.

Meanwhile, rebel group MP Wijeyapala Mendis has sent a letter to the UNP General Secretary announcing his candidature for the party leadership.

Excerpts from Mr. Mendis' letter:

"…as I cannot remain indifferent while our party has hit the lowest point in recent times under Mr. Wickremesinghe's leadership, I have decided to accede to numerous requests from UNP Parliamentarians, other elected representatives and members of the party and offer myself as a candidate for the leadership of the party. I do so conscious of the responsibility that such a post entails but I am confident that I have the experience and the wisdom with the support of its other members both senior and junior to offer the party a more effective leadership which is what it surely deserves and which is now so obviously lacking.

"In the circumstances I request that all modalities be initiated without delay for the conducting of an election for the post of leader of the UNP for which I have announced my candidature."

In another development, renowned dramatist Dharmasiri Bandaranayake who has produced the controversial "Trojan Kanthawo" drama met the President's elder sister Sunethra Bandaranaike to discuss about the threats artistes faced. He asked her to intervene in the matter and to help him get an appointment with the President.

However, the President has declined. "Trojan Kanthawo" portrays the dual character of women and the implications of the war.

Anoja Weerasinghe whose house was torched allegedly by PA hooligans plays the lead role in the drama while Rukantha Gunatilleke and Chandralekha Perera who were also harassed by unidentified thugs have directed the music.

In addition to their loyalty to the UNP, people now think the attack on these artistes were because they were a part and parcel of the drama Trojan Kanthawo. One observer said that during the Premadasa regime, too, similar attacks were carried out on artistes who were involved in the drama "Me Kowda Mokada Koranne." Are we going back to the era of terror again?

Situation Report

Editorial/ Opinion Contents