The Political Column

UNP wanted it its way

When Chandrika Kumaratunga became Prime Minister in 1994, she negotiated with President Wijetunga to give her a free hand to appoint a cabinet of her choice. Mr. Wijetunga agreed but retained the defence portfolio.

Though President Wijetunga presided over cabinet meetings, Prime Minister Kumaratunga met her ministers separately for discussions without the President. The main opposition UNP today hopes for a similar arrangement. It wants its leader Ranil Wickremesinghe to be the prime minister in a government of all parties. It makes this demand on the basis that the PA has lost its parliamentary majority. However, questions are being raised as to how the UNP will form a government without the support of the JVP which commands ten crucial seats in parliament. The UNP is still not sure whether the JVP and the Sihala Urumaya which has just one seat in parliament will support its move to form a government.

The UNP is probably relying on the French model though there are no provisions in the 1978 Constitution for such a power-sharing model.

The UNP believes that if it wants to run the government and revive the economy, it should be given the freedom to appoint ministers, including those from the PA. This was not acceptable to the PA.

Had the UNP got a majority in parliament on its own, then its demand is fair. But the position is not so clear when it says it wants to appoint ministers, including those from the PA in an all-party or PA-UNP government.

The President's position was different. Although she is ready to concede premiership to Mr. Wickremesinghe, she insisted that she must have a say in the appointment of ministers from the PA side. But if the UNP is given full authority to decide on the formation of the cabinet, what sort of a government will it be? Will it be a government of national reconciliation or a UNP government? In a government of national reconciliation, each party should decide on who its nominee will be in the cabinet, depending on its share.

In the aftermath of the collapse of PA-UNP talks, government ministers said the UNP's demand for a prime minister with executive powers was unconstitutional. A senior UNP member told this column that it could be done through a working arrangement and mutual understanding.

During the talks, the UNP delegation did not agree to the setting up of a post of vice president for the present prime minister, Ratnasiri Wickremanayake, pointing out that it was ultra vires the constitution.

UNP leader Mr. Wickremesinghe did not want to act outside the Constitution was the blunt reply given by the UNP delegation on the last day of talks at the BMICH. 

The UNP delegation conveyed its position after a meeting with Mr. Wickremesinghe. Assistant Leader Gamini Atukorale and Parliamentarian Mahinda Samarasinghe were also present at this meeting. The UNP was unrelenting. If the government wanted a national government, it should be only on the UNP's terms, the UNP leaders said.

The UNP believes that while a prime minister with executive powers is possible under a special arrangement, the PA proposal for the setting up of a post of vice presidency is against the constitution. It however, agreed to accommodate Mr. Wickremanayake as a senior minister in its cabinet.

UNP sources said the PA delegation seemed to have understood this position but wanted the President to take a decision on it. 

Prime Minister Wickremanayake was apparently not happy with this arrangement. He is reported to have said that he would not go to parliament if he was asked to step down and become a senior minister. For the PA delegation, it was the task of pleasing everybody. They consulted senior lawyer H.L. de Silva to come up with a suitable draft for the post of executive vice president. According to this formula, the vice president could hold cabinet portfolios and would act in the absence of the President. 

But this was shot down by the UNP delegation immediately. Then the PA delegation dropped the idea of executive vice presidency and agreed to make it a ceremonial vice president. But the UNP had pointed out that this could not be done without a constitutional amendment. 

When the UNP team insisted that it should be its leaders who should go with the list of ministers to the President, it was the PA's turn to say no.

Mr. Wickremesinghe told the UNP delegation at a debriefing session at the Cambridge Terrace office that he would not be able to work if the President insisted on including her ministers. He said that if that happened, she might dictate terms to the premier and the cabinet. 

In short, what the UNP wanted was to clip the wings of the Executive President to make that post purely ceremonial through a working arrangement. 

People feel that the two parties have let them down once again. Having traversed the difficult path to the conference table, the major parties had locked horns in a power struggle.

On the first day of the discussion (Saturday August 25), the PA delegation of ministers comprising D.M. Jayaratne, Lakshman Kadirgamar, Mahinda Rajapakse, Nimal Siripala de Silva, Gen. Anuruddha Ratwatte and Mangala Samaraweera tabled an agenda which included items that both the PA and the UNP wanted to discuss. The UNP delegation comprised Karu Jayasuriya, K.N. Choksy, Tyronne Fernando and Charitha Ratwatte.

The discussions started with both sides agreeing that if an overall agreement was reached on the items in the agenda, Parliament would meet on September 7 and there would not be a further prorogation.

Both the PA and the UNP delegations agreed that a negotiated settlement of the North-East problem was of prime importance and if the discussions ended successfully, a joint statement should be issued forthwith inviting the LTTE to the negotiating table.

However, UNP's K.N. Choksy disagreed when he said that merely inviting the LTTE for discussions would not be meaningful unless simultaneously both the UNP and the PA discussed and agreed to what extent self rule or autonomy could be granted to the North-East Province in a bid to force the LTTE to give up its Eelam goal.

Mr. Choksy said this because the LTTE would necessarily raise this issue at the conference table. Both delegations accepted Mr. Choksy's position and in principle agreed that the constitutional amendments in respect of minority rights would be agreed upon within six months after the two major parties agree to a common programme for a limited period.

It was further agreed that the future of the Executive Presidency would be decided upon at the same time.

UNP Deputy Leader Karu Jayasuriya raised the matter of the establishment of constitutional council and the four commissions, namely, the Elections Commission, the Public Service Commission, the Police Commission and the Judicial Service Commission. The PA delegation were in agreement with Mr. Jayasuriya's submissions. But said that with regard to the Police Commission, further discussion was necessary.

Thereafter, the discussions focused on a common programme for economic development, with the primary objective being the reduction of the cost of living, generation of more employment and attracting private sector investment. Both parties accepted that at the end of the armed conflict in the North and the East, economic development should be the main objective of a national government.

It was also suggested that an economic advisory council consisting of businessmen and trade chambers should be set up by law to advise the cabinet on the country's economy and its growth. They agreed to implement this common programme within three years after which the general elections could take place with each political party free to contest on its own.

On the second day of the discussion, the question of the Constitution of the joint cabinet was discussed. Mr. Jayasuriya said the size of the existing cabinet should be pruned down drastically while UNP Whip Tyronne Fernando suggested that it should not exceed more than 25 members.

The UNP delegation suggested that Ranil Wickremesinghe should be made the Prime Minister while the PA delegation suggested a joint premiership shared by Mr. Wickremanayake and Mr. Wickremesinghe. When the UNP team claimed this arrangement was not practicable, the idea was dropped.

Mr. Choksy said executive power should be shared between PA and the UNP with the PA holding the presidency and the UNP premiership.

He said this position should be enhanced by safeguards that would not allow the President to prorogue or dissolve Parliament without the consent of the Prime Minister. He also said even the policy statement to be presented in parliament by the President should be prepared in consultation with the prime minister. Both the PA and the UNP teams agreed to discuss this issue on the premiership and the constitution of the cabinet with their leaders and meet again on Tuesday.

On Tuesday, the PA delegation said that they were agreeable to appoint Mr. Wickremesinghe as Prime Minister provided the UNP agreed to the suggestion that Mr. Wickremanayake be made the Executive Vice President. Foreign Minister Lakshman Kadirgamar tabled the draft amendment to the Constitution for the creation of the new post of Executive Vice President.

Having examined the draft, Mr. Choksy pointed out that the draft was not constitutional because it permitted the Executive Vice President to be a member of Parliament.

At this juncture, the PA delegation wanted the UNP to come up with an alternative amendment. Mr. Choksy made the necessary changes which was typed by Minister Mangala Samaraweera on his laptop computer. 

In Mr. Choksy's modified draft, he said that the Executive Vice President should not be a member of Parliament or a member of the cabinet of ministers, but could be the chairman of the Constitutional Council and the proposed economic advisory Council and the first Executive Vice President should be the present Prime Minister. According to the draft, the Executive Vice Presidency would lapse with the dissolution of the present parliament. Both delegations agreed to consider the new draft.

Mr. Jayasuriya said that since the Prime Minister could be responsible for the overall implementation of the common programme, cabinet ministers should be appointed with his approval. But Minister Samaraweera said the choice of PA members in the cabinet should be left with the President. Since both parties could not agree on this matter, the parties decided to adjourn and meet at 8.30 p.m. 

The UNP team then met Mr. Wickremesinghe to inform him of the latest developments. Mr. Wickremesinghe wanted the members of the cabinet from both sides to be acceptable to him as well as the President so that they could work on a common programme. Insiders say that the UNP feared that President Kumaratunga would drop senior ministers such as S. B. Dissanayake and G.L. Peiris from her quota of ministers — a development which did not go well with the UNP strategy.

When the two delegations resumed talks at 8.30 p.m. the PA team said they did not want Mr. Wickremesinghe to have any say in the choice of PA members in the cabinet. In response, the UNP team said they were not in agreement to amend the Constitution and create a new post to accommodate an individual — meaning the Executive Vice Presidency for Prime Minister Ratnasiri Wickremanayake. This led to a deadlock and eventually the two sides agreed to disagree. The talks ended and with it ended the short-lived hopes of millions of people.

Soon after this, the UNP went into action with Mr. Wickremesinghe meeting Speaker Anura Bandaranaike to discuss the course of action to be taken on September 7, the day on which parliament is scheduled to reopen after a two month prorogation.

Mr. Bandaranaike indicated he would go along with the majority in Parliament. The following day, Wednesday, Mr. Bandaranaike met leaders of opposition parties. He suggested that a decision with regard to parliamentary business should be taken after consulting both the government and the opposition.

At this meeting Mr. Wickremesinghe pointed out that since the opposition which now commanded a majority in Parliament, it should have the right to fix Parliamentary business. The JVP's Wimal Weerawansa who was present at this meeting agreed.

Thereafter, Mr. Wickremesinghe suggested that the no-confidence motion against the government should be taken up on the 7th and called for the reconstitution of parliamentary committees in favour of the joint opposition. He also said that Standing Orders should be suspended on September 7 to continue the no confidence debate until a vote was taken on the same day.

At this stage, Mr. Bandaranaike asked whether all pending businesses in Parliament would lapse upon prorogation? "This was the practice in the British House of Commons," he said apparently referring to the no-confidence motion.

Mr. Choksy said that the British practice was not applicable because the Sri Lankan Constitution contained special provisions for unfinished business to be continued after a prorogation. "Since the Speaker has already entertained the motion of no confidence, it was a matter before Parliament and, therefore, it can be debated," he said.

With both the PA and the UNP sharpening their weapons for new political offensives, it is likely the government will convene parliament ahead of September 7 and pass a resolution to dissolve parliament. 

The government's other option is to go along with the JVP. But this option will become safe only if there is no threat from dissidents in the PA.

The President can also prorogue Parliament again in a bid to stave off possible defeat at the no-confidence motion. But right now there is confusion among the opposition ranks as to what the President would do.

Amidst these options, the PA initiated fresh moves to bring Minister Dissanayake and others back into its fold.

Minister Samaraweera during extensive talks with Minister Dissanayake reportedly urged him to back the government as it was facing imminent danger after talks with the UNP broke down.

Mr. Samaraweera wanted Mr. Dissanayake to come for today's SLFP convention to mark the party's 50th anniversary. Mr. Dissanayake as the general secretary of the party was expected to play a major role in organizing the convention. But it appears now that Mr. Dissanayake would refrain from attending the convention and instead send a message to the party convention.

Meanwhile, at a Presidential Secretariat meeting of SLFP trade union and youth front representatives last Sunday, President Kumaratunga came out with a scathing attack on Ministers Dissanayake and Peiris. The President said that at the upcoming convention she would deal with those partymen who betrayed her. 

There appears to be a difference of opinion even in the UNP, though it posed no major threat to the party leadership. Some in the UNP are said to be not happy over the failure of talks.

They believe the UNP should have been more flexible. But others who are close to Assistant Leader Gamini Atukorale believe that there is no need for them to give a lease of life to the government which is in the throes of death. They are of the opinion that they should go before the people since the people are the best judges.

However, the government has not given up hopes to continue itself for at least another year or two. It could either go with the JVP or dissolve parliament through a resolution.

Amidst these developments, the President presided over meetings of the PA executive committee and the SLFP central committee last week.

At the PA executive committee, Minister Richard Pathirana moved for the removal of the SLMC from the People's Alliance. It was seconded by D. E. W. Gunasekera. Subsequently, they discussed matters including the prorogation of parliament. The general consensus was that the government should not prorogue parliament again since it could reflect badly on the government. Minister and LSSP leader Batty Weerakoon was firm on this matter. President Kumaratunga said she would be taking a decision soon and the matter would be taken at the SLFP central committee, too.

At the SLFP central committee meeting on the same day, it was suggested that the government should agree to the JVP proposal to dissolve Parliament when Parliament meets on the 7.

President Kumaratunga said that she was in consultation with top lawyers as to what she should do. "There are so many options and I am keeping them close to my chest. I will take a decision at the right time," she said.

At the weekly meeting of the ministers, the President discussed options available to her after failing to strike a deal with the UNP.

Among other matters they discussed, the need to reduce the number of cabinet ministers to 25 took a prominent place. It was agreed earlier during the PA-UNP talks and minister Mangala Samaraweera handed over a list of 12 on the last day of the discussions to UNP chairman Charitha Ratwatte to be given to Mr. Wickremesinghe.

But Mr. Wickremesinghe said he should discuss the matter with President Kumaratunga and not with Mr. Samaraweera.

The names included in the government list are as follows.

Anura Priyadarshana Yapa , Ferial Ashraff, Amarasiri Dodangoda, Alavi Moulana, Anuruddha Ratwatte, Mahinda Rajapakse, Mangala Samaraweera, Nimal Siripala de Silva, Lakshman Kadirgamar, D. M. Jayaratne, Susil Premajayantha, and Sarath Amunugama.

Situation Report

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