The Political Column

9th July 2000

Citizen Banda slams PA, UNP

By our Political Correspondent

The PA and UNP delegations which met on Friday to finalise the draft constitution had a marathon session lasting nearly five hours.

The thorniest issue they discussed was the fate of the executive presidency. The transitional provisions in the proposed constitution allow the executive presidency to remain for another five years in keeping with the mandate President Kumaratunga received at the presidential elections.

President Kumaratunga asked the UNP delegation led by Opposition Leader Ranil Wickremesinghe whether she could leave the meeting when they discussed the provisions relating to the executive presidency as she felt it was unfair for the incumbent president to stay there. But the UNP delegation said it was not necessary and she too could take part in the discussions.

Mr. Wickremesinghe said one of the objectives of drafting a new constitution was to do away with the executive president who would be replaced by a ceremonial president acting on the advice of the Prime Minister directly responsible to Parliament.

UNP's constitutional expert K.N. Choksy pointed out that if the executive presidency was retained with the new constitution also in force, it could give rise to many constitutional problems.

Tyronne Fernando wanted to know the rationale behind the idea of extending the term of the executive presidency. Minister G.L. Peiris explained the government's position at this stage saying the transitional provisions were intended to have a strong Executive President until the war was ended.

He also said that at the 1999 elections, the President received a mandate for another six years. Mr. Wickremesinghe disagreed and wanted time to study the matter further.

Thereafter they discussed the powers of the central government to dissolve a regional council.

The consensus was that the President should have a reserved power to dissolve a regional council if it advocated separatism or promoted armed rebellion or any such breach of law and order. In such a situation the President could dissolve a council by a proclamation and inform Parliament.

A constitutional tribunal will be set up consisting of an equal number of representatives from the central government and regional councils to decide the correctness of the President's decision.

The report of the constitutional tribunal will be final and not subject to judicial review.

Once normalcy is restored elections will be held to elect a fresh regional council.

The two delegations also discussed at length the important matter of appointing judges to the Supreme Court and the Court of Appeal.

Mr. Choksy's paper on the appointment of judges was accepted by both parties. It is as follows:

"Appointment of Judges of the Supreme Court and Court of Appeal:

(1) The Chief Justice, the President of the Court of Appeal and the other judges of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand.

(2) Every such judge shall be a citizen of Sri Lanka who is an Attorney-at-Law and who in the opinion of the President has reached eminence in the legal profession or in the Judiciary or in the academic field of law and has maintained high standards of integrity and rectitude in his professional and personal conduct.

(3) The appointment of the President of the Court of Appeal and the judges of the Supreme Court and the Court of Appeal shall be made by the President after consulting the views of the Chief Justice.

The discussion ended with the President agreeing to put the outcome of the talks before the Tamil Parties. The two parties will meet again to finalise the draft constitution, following the discussions with the Tamil parties.

At the latter part of the meeting Minister Peiris said the Attorney General had advised that the draft could be passed by a two-thirds majority by the present Parliament and a referendum to obtain the people's approval could be held after the next general elections scheduled for September or October.

Mr. Wickremesinghe said he could not agree with this and would study it further.

Winding up Friday's talks President Kumaratunga said: "It's a historic occasion where the two main political parties in the country have come together to solve a national issue."

She said she was confident it would foster a new political culture in Sri Lanka and help bring peace and understanding between communities.

The President thanked Minister Peiris and his team of officials. She also thanked Mr. Choksy for the constructive and erudite proposals.

Mr. Wickremesinghe replying said he was glad to render the assistance of the UNP to solve a national issue and his party would do anything within its power to bring peace to a united Sri Lanka.

While the two parties' attempt to solve the ethnic crisis through consensus politics which is commended by many people, both here and abroad, President Kumaratunga's estranged brother and UNP National List parliamentarian Anura Bandaranaike blamed the two parties for not serving the country with dedication and commitment.

Addressing the Colombo West Rotarians on the subject "Wither Sri Lanka 2000-2001", Mr. Bandaranaike during his no-holds-barred speech spared none. He said there was little hope in the country after 50 years of independence. "We have inherited a legacy of violence, alcoholism and suicide and we have the highest crime rate in the world," he said.

Mr. Bandaranaike said that in 1994 people hoped that the country would be devoid of political chicanery. "They were offered more than a ray of hope in a hopeless situation. "But what happened?", he asked. "The sincerity had been replaced by cynicism and it had gone from bad to worse. The government has mismanaged the war with four-star generals riding on horse back. More than 50,000 lives have been sacrificed at the altar of the war. There was no proper planning of the war, no proper equipment.

"What is heartening is that the two parties had agreed to sit together and discuss the burning issues of the country. I am glad that they are doing so. But while it is being done ministers have been assigned with the task of robbing the UNP MPs. The President is not interested in anything other than to legislate the crossover bill and damage democracy in this country. The President is running with the hare and hunting with the hound. This is deplorable.

"After fifty years of independence, have we succeeded? We have all collectively failed. There is unbridled corruption on an unprecedented scale. We have examples," he said.

Mr. Bandaranaike said no action had been taken against a politician who had 81 complaints against him and some ruling party politicians were free to walk into police stations and get their people released.

Commenting on elections, Mr. Bandaranaike described the PA style of elections as election manoeuvring and said the Wayamba polls were a carnival of rigging and thuggery.

"But it is encouraging at this stage that the two parties have agreed at least on key issues; that is to solve the ethnic crisis, to get rid of corruption and to refrain from damaging democracy. If they do not do that, the country will go to ruin," he said.

Mr. Bandaranaike began his criticism on both major parties by saying that at the upcoming general elections, the voters would have no clear choice because the two main parties had little to offer.

"What we have today is a country in which the entirety of the body politic is corrupted, thanks to selfish politicians, mainly from the two leading parties. I feel sorry for the people who have become victims of this system," he said.

But he was quick to qualify his statements. He said he was addressing as citizen Bandaranaike and not as a UNPer or as the President's brother.

"As citizen Bandaranaike, I know that the average Sri Lankan will find it rather difficult to decide at the elections whom he should vote for."

He said if he acted as Citizen Bandaranaike at the upcoming polls, he might spoil his vote.

Mr. Bandaranaike apologised for coming late for the event but in the same breath he pointed out that coming late for a meeting did not run in the family.

Mr. Bandaranaike then spoke about the politicisation of police. He said the country was witnessing today police parading criminals before television cameras to get publicity for them. "The criminals are masked. Who knows who it is. It could even be Mangala," he said in lighter vein.

He also took a swipe at police officers who were at the centre of the episode. Mr. Bandaranaike said that these officers were more UNP than D.S. Senanayake during a UNP regime and more SLFP than Mr. S.W.R.D. Bandaranaike during an SLFP government.

He also criticised the President and ministers.

"There are allegations against Supreme Court Judges and the one who levelled these allegations has yet to reveal the name. Everybody is running behind Supreme Court Judges asking whether they took bribes," he said.

On the skyrocketing cost of living also, he said his mother, Prime Minister Sirima Bandaranaike, had received an electricity bill amounting to Rs. 25,000. If the Prime Minister, who did not even have an air conditioner, was finding it difficult to pay, how could the ordinary people cope with the rising cost of living, he asked.

Mr. Bandaranaike's speech was hailed by many as an attempt to put the present situation in the correct perspective and to stress a point that country should come before party politics.

Party politics is essential for a vibrant democracy. But the two main parties appear to be practising party politics in a manner that threaten, to undermine democracy.

There are attempts by the ruling PA to win over UNP parliamentarians to achieve its objectives. It is alleged that the PA is more interested in getting the crossover bill passed than the constitutional reforms.

In this backdrop, UNP supporters say the party should get the support of all factions within the party, including the breakaway groups to go forward as a formidable force at the next elections.

But the story emanating from the UNP camp is disheartening. Squabbles within the party are endless while the leadership is turning a blind eye to some of the problems.

Some UNP insiders blame party leader Ranil Wickremesinghe for allowing the situation to go out of control. They say Mr. Wickremesinghe takes a tough stand only when the threat is aimed at him, challenging his authority.

One example, they point out is the party's failure to take any action against a member who allegedly insulted Party Chairman Karu Jayasuriya and who is now in the forefront of efforts to introduce a no-confidence motion against Colombo Mayor Omar Kamil. The member concerned is an organiser in the Colombo district who had even gone to the extent of wooing the opposition leader of the Colombo Municipal Council K. Ganeshalingam to support his agenda.

Recently, two close friends of this member had hosted Mr. Ganeshalingam to dinner at the Hotel Hilton and solicited his support to oust the Mayor. But Mr. Ganeshalingam, a former treasurer of the UNP, said a firm 'no'.

In another development, interested parties are trying to find out how a meeting between the head of a big organisation and a close adviser of the UNP had leaked it out to the press. UNP Chairman Karu Jayasuriya is reported to have told a Colombo Municipal Council member that it would not augur well for the party when such things were reported in newspapers. The MMC is now trying to find out how it was leaked out to the press. Certainly, it is not the work of the National Intelligence Bureau.

The UNP also faced more problems when a member of the Kaduwela Pradeshiya Sabha created an unpleasant scene at a branch meeting. When Mr. Wickremesinghe was addressing the Kaduwela members, this member came to the meeting with his supporters and was strongly critical of Karunasena Kodituwakku, a party stalwart.

On the top of all these, the virtual crossover of UNP's top-rung member Ronnie de Mel to the government has caused ripples in the UNP.

The UNP was not aware of Mr. de Mel's plans to support the government on the extension of the emergency. There was a commotion in parliament following Mr. de Mel's speech. He was called names by angry UNP members in parliament, compelling him to leave the House through the exit on the government members' side.

Stunned by Mr. de Mel's stunt, the UNP is now trying to find another organiser for the Matara district. The post could go to H. R. Piyasiri, insiders say.

The Government has been strengthened by the crossover of Mr. de Mel, one PA member told this column. Mr. de Mel would probably take over the industrial portfolio held by the slain Minister C.V. Gooneratne.

Mr. de Mel, a veteran politician and efficient administrator, is known to have been in politics for nearly 40 years. He had been in the SLFP, then the UNP, back to the SLFP and again rejoined the UNP and now again he is planning to join the PA.

Party insiders say there could be six more crossovers from the UNP to the PA. But the government still needs some more votes, if it is to have a two thirds majority in parliament.

It appears that President Kumaratunga is playing her political cards well. She appears to be following in the footsteps of J. R. Jayewardene and she has shown her political acumen in no uncertain manner. UNP has been taken unawares by Mr. de Mel's sudden decision. Though it was in the air for a long time, the UNP did not want to believe that Mr. de Mel would cross over.

At the UNP group meeting last week, there had been discussions about the package. At this meeting, John Amaratunga pointed out that the UNP should not participate in talks with the government since the Maha Sangha and the LTTE have rejected the government's proposals to end the strife.

Mr. Amaratunga is actively involved in the Patriotic Parliamentarians Platform who are canvassing international and local support against the LTTE. However, other members said the UNP should not take such a decision just because the LTTE and the Maha Sangha had rejected the package.

More on the package. Soon after the LTTE theoretician Anton Balasingham rejected the government constitutional reforms, President Kumaratunga sent Minister Lakshman Jayakody as a special envoy to New Delhi to apprise Indian leaders.

The question now posed in political circles is why Lakshman Jayakody was sent instead of Minister G. L. Peiris or Foreign Minister Lakshman Kadirgamar, both of whom were actively engaged in peace efforts.

Of course, Mr. Jayakody was the Deputy Minister of Defence and External Affairs in the Sirimavo Bandaranaike government of 1970-77. Political circles speculate that Minister Jayakody's visit was to urge India to play a major role in the Sri Lankan crisis.

In the meantime, the Parliamentary Select Committee appointed to inquire into a statement made by Minister S.B. Dissanayake at a meeting of the Sri Lanka Architects' Association has called for all relevant material submitted before the Supreme Court. The Supreme Court is at present hearing the contempt of court rule against the Minister.

The decision of the Select Committee headed by Minister Dharmasiri Senanayake to call for all relevant material from the Supreme Court could lead to a conflict between the legislature and the judiciary, constitutional experts say.

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