The Political Column

Party politics or national interest?

In the weeks preceding the constitutional battle in parliament, the two main parties — the PA and the UNP — had been engaged in a numbers game. Both the PA and the UNP reportedly adopted various strategies to prevent their MPs from crossing over to the other side. 

Lots of perks were on offer for the would-be defectors and millions of rupees were said to have changed hands. But money is not the motivating factor in all cases. There are cases where others had quit ranks on policy matters.

PA parliamentarian Jayasena Rajakaruna, a firm advocate of Sinhala nationalism, resigned his seat because he felt the new constitution betrayed the Sinhala-Buddhist cause. He did not cross over to the UNP just because he opposed the constitution. 

Mr. Rajakaruna was an ardent SLFPer from the days of Prime Minister S.W.R.D. Bandaranaike. His resignation was in line with Gamini Jayasuriya who quit the UNP in protest against President J. R. Jayewardene's moves to devolve powers to the provinces through the 13th Amendment to the constitution.

There is a difference between the situations that prevailed during the Jayewardene era and the present one. While Mr. Jayewardene enjoyed a five-sixth majority in parliament — which he extended through what many saw as an illegitimate referendum — President Kumaratunga's party has only a slender majority in parliament.

The draft constitution based on the 1997 October proposals moves further than the 1978 constitution. It portrayed all the features of a federal republic though it was not expressly mentioned therein. Definitely, this could be the basis for talks between the government and the LTTE though the TULF has rejected it saying it fell short of meeting the aspirations of the Tamils. 

If the moderate Tamils want to describe the country as a Union of Regions, it would make even some of the moderate Sinhalese who back the Tamil cause short of a separate state,oppose the reforms.

The concept of a Tamil homeland in the North and East sounds very archaic when the whole world is becoming a global village. The trend in the west is integration rather than disintegration with countries in Europe moving towards a united Europe by strengthening the European Union. 

If the Tamil parties' demand that the North-East identified as Tamil homeland is accommodated in the constitution, it would set the legal state for separation. The North and East where Tamils are in a majority requires some kind of autonomy, but what the TULF should understand is that Sri Lanka is one nation and the country belongs to Sri Lankans. 

If the moderate Tamils can drop the concept of a Tamil homeland, then this constitution has a better solution than what the '78 Constitution offers in terms of devolution of power. If any provision in the draft constitution is not acceptable, amendments could be introduced at the committee stage if all sides are genuinely interested in a solution to this crisis. 

If the Tamils reject it, what could a government in power do? On the one hand it faces opposition from moderate Tamils and on the other it earns the wrath of hard-core Sinhalese and a section of the Buddhist monks who took to the streets in protest against the draft constitution. 

The TULF feels that the government has failed to bring any proposals worthy of ending the war. Some analysts describe the TULF stance as pleasing the LTTE and a strategy to ensure their political survival. Several of its top leaders such as A. Amirthalingam and Neelan Tiruchelvam have been assassinated by the LTTE and the party cannot afford to lose any more. 

With the TULF rejecting the proposals, the UNP can now question the wisdom of supporting the draft proposals.

The 1997 proposals were discussed at a parliamentary select committee and thereafter at bi-partisan talks initiated by the business community. The discussions continued at the PA-UNP direct talks which began a few months ago.

However, opponents of the draft proposals say there was no public discussion on the matter and it was hurriedly put to the House for approval. The defenders of the new constitution say the 1978 Constitution was not even approved by the government group before it was pushed through parliament. They also say there was not much public debate on the 13th Amendment as well when it was pushed through parliament in a hurried manner by President Jayewardene. 

Both arguments may be valid. But the difference is the PA came to office with a pledge of transparency in governance. Has it fulfilled this pledge? 

Though the government did not make the draft a public document, the UNP and the Tamil parties knew what it would contain. Most of the proposals made by the UNP during the bi-partisan talks had been accommodated by the government in the draft. The nature of the state and the composition of the judiciary and the Independent Elections Commission, Independent Police Commission are some of the proposals which bear the UNP's stamp. 

Could the UNP argue that it had not enough time to study the draft? As a responsible opposition which participated in drafting the constitution, it has all the right to obtain a copy of the final draft before it goes before the cabinet.

It was the UNP which proposed the two nominal vice-presidents to represent the two major minorities, the Tamils and Muslims. The UNP agreed with the double majority provisions in the constitution which debarred a council from taking a unilateral decision affecting the interests of a particular minority within a region. 

All these were agreed upon by the two parties but there were few things that had been smuggled into the draft by the PA. If it is a joint constitution drafted by both the PA and UNP, the PA should have the decency to come to an understanding with the main opposition party on the matters contained therein. 

The UNP was also averse to the 17th Amendment to the present constitution which seeks to change the electoral system. The 17th amendment proposed that the number of seats in parliament be increased to 298 — 168 members elected under the first-past-the-post system, 130 elected on the district PR system and the national list.

When the system which is based on the German model was discussed at the parliamentary select committee on constitutional reforms, both the PA and the UNP had not taken any objection to this system, though there was no final agreement between the two on this matter. But during the bipartisan talks, the media reported that the government was planning to change the electoral system to that of the German model. But when UNP made inquiries about the matter, the government vehemently denied. The itPA leadership repeatedly said the present electoral system would not be changed. They went to the extent of retaining the present electoral system in the draft Constitution to assure the UNP.

On the other hand, the UNP was apparently seeking a short cut to power by backing the draft constitution. It thought the executive presidency would be abolished with the promulgation of the new constitution and the November parliamentary elections would be decisive. 

The government, apparently aware of the UNP's thinking, included transitional provisions enabling the executive presidency to continue for six years based on the mandate President Kumaratunga received in 1999. 

The PA gave a promise to abolish the executive presidency as it felt that on numerous occasions the system had moved towards authoritarianism. But it cannot be said the voters had this in mind when they re-elected the president.

What is pathetic is that the two parties are apparently more interested in political goals than national goals. 

While the government was soliciting the UNP's support to push the constitution through parliament during the bipartisan talks, it allegedly indulged in a move to win over UNP members to ensure a smooth passage for the draft constitution in parliament. 

Large-scale crossovers are not a new phenomenon in Sri Lankan politics. It happened during the 60s when the Press Bill was to be introduced by the Srima Bandaranaike government and during the throne speech. In both these instances, money changed hands and there were powerful people behind these crossovers. 

Similarly, the PA is alleged to have manipulated certain crossovers from the UNP. But the UNP apparently outwitted the PA through a meticulous operation. The PA was a little frugal than the UNP in throwing perks to the people who wanted to crossover. A number of UNP members who had differences with the party leadership wanted to crossover but they were handled with proper care with offers of foreign trips and other benefits.

From the government side, the task of wooing UNP members to cross over was entrusted to the Minister Mahinda Wijesekera. But he was too late to understand that throwing sumptuous dinners and making pledges are not enough to attract the UNPers. Those things could have been learnt from the UNP who were masters at the game.

So at the end UNP emerged victorious and the government is still suffering from the setback it suffered when it was compelled to withdraw the draft constitution and the 17th Amendment to the constitution.

Just before the constitutional bill was presented in parliament, there was hectic lobbying on both sides. About 20 UNP members paid a courtesy call on the President. The President had a long discussion with them and solicited their support for the draft constitution. 

But they were half-hearted when they were confronted by UNP leader Ranil Wickremesinghe. Some wanted to show their allegiance to the party leader though they had promised their vote to the PA. The numbers game went on for some time but later the UNP managed to keep some of their members except for Harendra Corea and Mervyn Silva who crossed over to the government while the debate was in progress. 

From the government side, Dickson J. Perera crossed over to the UNP. Insiders say this was largely a personal matter and has little or nothing to do with the constitution. Mr. Perera's was apparently upset over the political rise of Chandana Kaththiriarachchi who filled the parliamentary vacancy created by the demise of Minister Dharmasiri Senanayake. Mr. Perera had a long standing row with Mr. Kaththiriarachchi. When Mr. Kaththiriarachchi participated in a ceremony connected with the opening of the Kesbawa court complex, Mr. Perera protested, saying Mr. Kaththiriarachchi was a suspect in a murder case.

UNP Colombo district member Gamini Lokuge and former Minister Tyronne Fernando and Minister M.H. Mohamed were instrumental in getting Mr. Perera to the UNP fold. A few days before the crossover, Mr. Fernando received a call from Mr. Perera and they met at UNPer Samson Silva's house secretly. 

Mr. Fernando who discussed the modalities of Mr. Perera's crossover assured him of a place in the Colombo district list at the general election. After everything was agreed, Mr. Perera met Ven. Madihe Pannaseeha Mahanayake Thera, who led the Buddhist clergy against the proposed constitution. Mr. Perera also had a meeting with Mr. Wickremesinghe but went back to the Taj Samudra where the other PA members were staying over the weekend as a measure of security. On the day of the crossover, the UNP arranged all the logistics for Mr. Perera to be taken to parliament.

On Monday when the debate was on, President Kumaratunga summoned a meeting at the parliamentary complex office of the President. Presidential Secretary K. Balapatabendi, House Leader Ratnasiri Wickremanayake, Ministers Anuruddha Ratwatte, Mangala Samaraweera, S. B. Dissanayake, Mahinda Wijesekera, G.L. Peiris, Maithripala Sirisena, Kingsley Wickremaratne, Nimal Siripala de Silva and M.H.M. Ashraff were in attendance.

Ministers Wijesekera and Ratwatte told this meeting they had enough votes to push the draft constitution through parliament. But Ministers Ratnasiri Wickremanayake, S.B. Dissanayake and G.L. Peiris said it was going to be tough and they had to look for alternatives.

Ronnie de Mel, though not present at the meeting, had also told the President it was going to be a difficult task.

Having listened to all the views expressed by the ministers, President Kumaratunga said if UNPers were crossing over to give the government a boost, they should crossover by Tuesday noon. If they don't we have to put off the debate.

When the meeting was in progress, UNP MP, Mervyn Silva barged in shouting, "whatever happens I would cross over."

The President was speaking to Janak Mahendra Adhikari who was sidelined for sometime and was about to crossover to the UNP and persuaded him to stay along with the PA. A special helicopter was sent to Kekirawa to bring Mr. Adhikari to Colombo. Similarly, the President spoke to Amal Senadilankara, who was in two minds because of the imminent entry to the PA by MEP leader Dinesh Gunawardena. The President also met Arumugam Thondaman and P.P. Devaraja of the Ceylon Workers' Congress.

By Monday evening, the UNP was making moves to see how many MPs would cross over. They counted on the suspected cases and put several trusted MPs in charge of them to monitor their movements. One MP who was closely monitored was Upatissa de Silva. The UNPers wanted him to undertake a trip to Singapore along with others but he refused, saying that nobody could dictate terms to him. UNPers Reginald Perera and John Amaratunga also persuaded him to go to Singapore along with several other members. But it never materialised though he was offered a first class ticket.

On Tuesday morning after the controversy over the time allocated for opposition member Vasudeva Nanayakkara, Speaker K. B. Ratnayake summoned a meeting of the party leaders. He told the party leaders to sort out matters. Mr. Wickremesinghe blamed the PA and said it should take the responsibility. But House Leader Ratnasiri Wickremanayake said nobody should fight over these things since they were planning to adjourn the debate at 4.30 p.m. 

The UNP did not participate in the debate. Mr. Wickremesinghe made a statement explaining why the party did not want to participate in the proceedings. 

Besides these Mr. Wickremesinghe's advisor Milinda Moragoda had a one-to-one meeting with President Kumaratunga on Sunday.

UNP top rung members were surprised over this unusual meeting that took place a day before the controversial debate in Parliament began.

However, in the aftermath of this controversial meeting, Mr. Moragoda looked dejected since he was subjected to criticism.

Nobody knows the motives behind this meeting. Some think it has something to do with the re-entry and arrest of former Police Superintendent Douglas Pieris. Mr. Peiris has been questioned in connection with several incidents that took place in the 1987-1989 era when the UNP was in power.

Mr. Moragoda who is said to be having some problems with the party leadership is considering other options. Some insiders say he may not contest Colombo East to show his discontent with the UNP leadership.

In a similar development, a politician who once gave some kind of leadership to the fractured UNP after the demise of UNP leaders such as R. Premadasa, and Gamini Dissanayake, had phoned Minister Ronnie de Mel to congratulate him on his crossover to the PA.

But there was nobody at the receiving end but he left a message on the recording, not knowing that he had called a wrong number. 

The message said: "You have taken a wise decision, I am..." The recording has now gone into the hands of the UNP hierarchy.

Be that as it may, the latest talk in the political front is that the PA is moving an amendment to the transitional provisions on the executive presidency to obtain the UNP's support.

The amendment will say "Parliament can by resolution decide on the date of abolition of the executive presidency on any day after the expiry of a certain period (probably one year) following the General Election of year 2000 by a simple majority.

If the UNP wins the next general election, they would have an early date to form their own government sans the executive president. But if the PA wins, the executive presidency would last another five years.

Meanwhile, the appointment of Ratnasiri Wickremanayake as the Prime Minister is seen as yet another step taken by the President to tackle Sinhala nationalist opposition and to attract their votes.
 

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