The Political Column

23rd July 1999

UNP caught in reforms trap?

By our Political Correspondent

If everything goes well, the debate on the draft constitution will begin on August 7 and will continue on a daily basis for about a week with the exception being August 9 when the extension of the emergency is debated. By mid-August, the government is planning to get the new constitution passed with a two-thirds majority.

Parallel to these moves, the government also intends to introduce the Electoral Reforms Bill on August 17. The bill seeks to introduce an electoral system which combines the first-past-the-post system with the PR system.

Party leaders will meet on July 28 and formally agree on the days to present these bills under special circumstances.

The draft constitution will include provisions calling for the setting up of an independent elections commission, a cause championed by the main opposition UNP.

The UNP wants the next general election, scheduled for November, be conducted by an independent elections commission, but the government appears not to favour this move as it says there is hardly any time for a new elections commission to prepare itself for the November polls. Hence the government's insistence that the new commission should come into operation only from the next local government elections.

But some political observers say the reason for not agreeing to hold the next general elections is some PA elements are fearful of the party's prospects at the polls with voters being hit below the belt by a rising cost of living.

They also know that the reason they cite will hold no water. They know the UNP will argue that if the government can find time to take necessary steps to introduce a complex electoral system, why cannot it find time to set up the independent elections commission.

With the government deferring provisions that could be advantageous to the UNP at the polls — for instance, the independent elections commission and the immediate abolition of the executive presidency — it is likely the UNP would hold back its support for the proposed reforms.

The UNP will not permit the executive presidency to be continued for another five years. The UNP sees these PA moves as manipulations by the PA leadership to prevent it from returning to office.

PA politicians say the president has a moral duty to stay in the office for another five years in terms of the mandate she received at last year's presidential polls. But UNPers remind them of the pledge she gave to the JVP just before the 1994 Presidential Election that she would abolish the executive presidency within one year.

In this regard, former Speaker and UNP top-rung member M. H. Mohamed wrote to the President, saying he would not support the new constitution if it allows her to complete her six-year term.

"As far as I am concerned, my conscience does not permit me to agree to your proposal and I do not wish to be a party to any undemocratic and unjust proposal which is not acceptable to the people. Therefore, I request you to reconsider your paper and agree to the solemn undertaking given to the people to do away with the executive presidency," he said.

Mr. Mohamed said it was quite unreasonable to release the contentious provisions of the new constitution at the last day of a series of meetings with the UNP.

"At the presidential elections the people did not give you a mandate to be in office for a period beyond six years as laid down in the Constitution. You did not ask the people for a mandate to continue in office beyond this period. By making use of the remaining period you had and after the elections you took oaths for a further period of six years only. We consider your decision to remain in the office using the balance period also undemocratic and unjust."

He reminded the President that she had pledged at elections campaigns to abolish the executive presidency — a promise she had so far failed to fulfill.

Mr. Mohamed also said the agreement the two main parties reached was to solve the ethnic crisis and not to extend the presidency.

Other signs of 'UNP means business' also appeared this week with the UNP staging a rally to protest against the rising cost of living.

The UNP rally made a big impact with hours long traffic jams in most parts of Colombo. Before the rally started, Mr. Wickremesinghe arrived at the JSS-run Buhari Hotel, which was made out-of-bounds for customers with the opposition leader's security staff taking over the building.

Addressing the group meeting on Wednesday, Mr. Wickremesinghe hailed the efforts of UNP members and organisers in organising a successful demonstration.

At this meeting UNP member Karunasena Kodituwakku questioned state media reports on the PA-UNP consensus to reach consensus on a possible solution to the North-East problem.

Questioning the government's motives, Mr. Kodituwakku said: "The electoral system should reflect the people's wish, but today the electoral system is doctored and modified according to the wishes of the President.

This is unacceptable to the general public. There are only eight days of parliament to end the term. Can the government do all that within this period to bring in a new law to reform the electoral system and introduce a new Constitution?

"The government is now trying to increase the number of MPs to 270 from the present 225. Can the people bear the cost involved in maintaining 270 members when they are unable to cope with 225 members at present."

Mr. Kodituwakku also said the Maha Sangha and the Sinhala Buddhists were charging that the provisions on Buddhism had been removed from the new constitution.

Mr. Wickremesinghe said the UNP had asked the government to submit the draft constitution for the Maha Sangha's perusal. But Mr. Kodituwakku pointed out the government had taken no heed of his advice. Mr. Wickremesinghe clarifying said that the reforms were discussed on the basis of the government's 1997 proposals and the UNP's alternative proposals. "We had to derive certain new concepts in the process and reach consensus on those matters."

In UNP's view, the status on Buddhism guaranteed by the constitution should not be changed. There was no discussion on this matter. That means it should remain intact, Mr. Wickremesinghe said.

The UNP leader said the UNP had differences of opinion with the PA over certain areas such as state land, the setting up the interim council and the unit of devolution. He said discussions were held to narrow down these differences and to reach a consensus.

Mr. Wickremesinghe said that he told the government leaders to discuss the new constitution with the Maha Sangha.

Commenting on the electoral reforms, he said there were no discussions held on the subject. He also said the transitional provisions on the extension of the presidency were also submitted at the last moment by the government, giving the UNP little time to study them.

Mr. Wickremesinghe had to clarify once again the party's position on the new constitution and the status of Buddhism in it, when Manoj Wijeratne alerted him to what he perceived as government moves to make the UNP a scapegoat in the Buddhism issue.

Mr. Wickremesinghe said the government had not even sent the proposals to the LTTE as it had planned.

"On the one hand, the government is giving a wrong picture to the people that it was the UNP which was trying to drop the status given to Buddhism in the Constitution. On the other hand, they say that I had talks with the LTTE. Both these are falsehoods and canards spread by the government to discredit the UNP because the election is round the corner.

"If I need to talk to the LTTE, I need not go through the back door. I will have direct talks with everybody's knowledge. The person who was alleged to have met me in Singapore is a well-known businessman who is a good friend of the Singapore Prime Minister.

If he is an LTTEer, he would not have any access to Singapore or to the Prime Minister there. It is very clear today that the government has no hope; it cannot go to the people because of its incompetence and now it is carrying out a smear campaign against the UNP to cover up its sins.

"At the beginning, we told the government to discuss with the LTTE, but they screamed and said 'no'. But discreetly they moved with the help of Norway to establish contacts with the LTTE. Even today, they are doing it and dealing with the LTTE through the good offices of Norway. While they are doing that, they are pointing the finger at us," Mr. Wickremesinghe said.

However, the government now intends to go hammer and tongs on the UNP coupling it with the LTTE. Several members of the UNP have vowed to sue the state media for spreading canards. The UNPers say the government is playing the old record once again trying to link the UNP with the LTTE.

They recalled how the PA just before the 1994 elections had cordial relationships with the LTTE, a group which the government has now labelled as terrorists.

They say the PA leadership did not even condemn the LTTE suicide attack which killed the UNP presidential candidate Gamini Dissanayake at a 1994 election rally.

If all in politics is fair, any politician is free to talk to anybody whom they like. If the UNP could bring in a settlement to the most serious problem the country is facing now, it should be allowed to do so because the PA has failed, the UNPers say.

In another development, the Supreme Court decided not to go further in the Fundamental Rights application filed by the Editors Guild.

The Court apparently relied on the judgment it delivered in the case filed by the Leader Publications, challenging the sealing of the press and the appointment of the Competent Authority.

The Supreme Court said that in the Leader case, the court had held there was no provision in the Emergency Regulation in question which provided for the appointment of the Competent Authority and on that basis it had been held that the entire process of censorship was invalid.

However in that case, the court did not declare that there had been any infringement of a fundamental right.

"Since the appointment of the Competent Authority has already been declared to be void and of no force or effect in law, it would be unnecessary to come to any similar findings in this application.

"Further, an assurance was given by the learned Deputy Solicitor General that the Competent Authority would within ten days from today invite the editors to have a discussion in order to make clarification and any necessary amendments to the guidelines that have been issued by his letters dated 13.7.2000.

"In view of the action taken by the State as aforesaid and the assurance given today of further consultations being held to modify the guidelines, we are of the view that there is no basis to exercise our discretion and award costs to the petitioners. These proceedings are accordingly terminated," the Supreme Court said.

During the past few months the Supreme Court has pronounced many a judgment that upholds democracy and freedom.

Notable among these judgments were the rulings on the Eppawala Phosphate case and the Leader case, not to mention the contempt of court case against Minister S. B. Dissanayake, though he got away with a mere warning.

The significance of all these is that the people have a strong institution to rely upon. Judiciary is their ultimate place of refuge in times of despair.

Meanwhile, in a surprise move last week, UNP Hambantota district organiser Sajith Premadasa visited Minister Mahinda Rajapakse to have a one to one chat.

Mr. Rajapakse could not believe it when Mr. Premadasa stood before him. Mr. Premadasa said he needed to talk to him as he was facing a serious security threat.

The Minister told him that in that case, he should speak to the President.

"I have already sent her a letter and got a reply which said the matter was under consideration," Mr. Premadasa said.

Mr. Rajapakse assured him that there was no threat from the PA for him in the Hambantota district.

"There can be a threat from your own party. You should ask your leader for security," the Minister added.

When Mr. Premadasa said he planned to launch his campaign from Beliatta, Minister Rajapakse told him, "You can even come to my house and canvass for your party."

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