Making war and peace with CBK

The ceasefire seems to be holding, but reports from the east say the situation there is so fragile that a minor misunderstanding could shatter the truce. But Prime Minister Ranil Wickremesinghe is taking all steps to ensure that no wrong signals go out to the LTTE, because he believes that peace is the best investment for economic recovery and higher growth.

It is not an easy task under any given condition to achieve the dual goal of peace and economic recovery. If peace dawns through the efforts of the UNF government then there would be a bright future for all Sri Lankans. Therefore, all Sri Lankans should back the government's peace efforts. In this context, we should commend President Chandrika Kumaratunga for rising above petty party politics and extending her support for the new government's peace efforts.

As part of a confidence-building measure, the new government will relax the economic embargo on the uncleared areas of the north and east — a move which the People's Alliance government had also been contemplating on just before its defeat at December 5 elections. The government is also taking measures to ease travel restrictions by reducing the number of passes required for people to move between cleared and uncleared areas. At present, a person requires seven passes for such travel.

These confidence-building measures handled by 'peace' ministers G. L. Peiris and Milinda Moragoda will come into effect on January 15, a day after the Thai Pongal festival and they could bring about relief and revitalise economic activities in the North and east.

The two ministers met several Mahanayakes and others to brief them on the progress of the ongoing peace process in a bid to assure them that there is no secret agenda. It is in this area, the two ministers are likely to face their toughest challenge, especially when the government is compelled to take some drastic steps that are not palatable to extremist elements. Already, the Sihala Urumaya and a number of hardline organisations are keeping a close tab on the developments.

Aware of these challenges, the government plans to appease Buddhist monks and ultra nationalist elements by roping in more veteran politicians to the process. It is with that aim that Minister Peiris had a discussion with Ministers W.J.M. Lokubandara and Karunasena Kodituwakku at the Visumpaya on Thursday.

Last week's decision of Prime Minister Wickremesinghe to give the portfolios held by the late Gamini Atukorale to Defence Minister Tilak Marapana is seen by party insiders as another measure of confidence building by the new government.

The underlying message, according to the insiders, is that the UNF is not attaching much importance to the Defence portfolio at this stage. "What is important is to make peace and not war" one insider said.

Though many other names had been mentioned by various interested parties, Prime Minister Wickremesinghe had his own plans.

The Prime Minister is also keen to see his ministers leading an exemplary and simple life. He told them not to indulge in extravaganza — a factor that led to the defeat of the previous PA regime.

At a meeting held at Temple Trees on Monday, Mr. Wickremesinghe gave some tips to the ministers on how to become successful politicians. He said he did not even have a desk when he was first appointed as the Deputy Minister of Foreign Affairs since it was a newly carved out Ministry. He told the ministers who were complaining about subjects allocated to them to follow the Premadasa example.

Later in the day, Mr. Wickremesinghe met with several ministers who had a genuine grievance regarding their portfolios.

Among them were Karunasena Kodituwakku, Kabir Hashim and Suranimala Rajapakse — ministers who handle education.

All these ministers were of the view there were areas of conflict and the matter needed to be sorted out. Many university student groups and civic organisations are demanding that the much important subject of education should be made a cabinet subject. 

Mr. Wickremesinghe told Minister Kodituwakku that education would eventually be a cabinet portfolio and the Education Minister should be an overall in charge while other two ministers will assist him. It is likely that this change will take place when the much-talked-about cabinet reshuffle takes place with several non-cabinet ministers being elevated to cabinet rank.

On the same day, the UNF parliamentary group met. Several MPs expressed the view that the President still remained a stumbling block in their effort to implement the programme of the new government.

Some MPs proposed that action be taken to impeach the President because there is always the possiblity of the President exercising her powers to dissolve parliament after one year.

The Constitution empowers the President to do so at the expiry of a period of one year after a parliamentary election. President Kumaratunga took a similar step last year, following the crossover of some PA members to the opposition. The President could be prevented from taking such a step only if when an impeachment motion against her is entertained by parliament.

The subject of impeachment was also discussed at the higher echelons of the UNP just before the demise of Assistant Leader Gamini Atukorale.

Mr. Atukorale reportedly insisted that the president should be removed for the UNF to have a smooth administration. Several frontliners endorsed this view.

With the UNF enjoying a majority in parliament, presenting an impeachment motion would not be a difficult task. 

Though Mr. Wickremesinghe is not showing much interest in the impeachment motion, he will be compelled to go ahead with it to prevent the President from dissolving Parliament after one year.

Once the Speaker entertains an impeachment motion and conveyed to the President, her action becomes non-effective even if the President wants to do so. The motion could be before Parliament for a considerable period and could drag on for a long time. In a way, the UNF action to impeach the president, though seem necessary to some, is contradictory. 

On the one hand, the UNF wants the PA to join a government of national reconciliation and is keeping the post of Deputy Speaker open. On the other, several of its MPs are talking of impeaching the President.

But whatever it is, what should be avoided by both these parties at this crucial hour is a return to acrimonious politics that could derail the peace process and the economic recovery.

When the new Prime Minister wants to usher in a new political culture of cohabitation, some of his party activists are gunning for President Kumaratunga, who is firmly holding on to her position as the Executive President.

The Constitution has laid down the following procedure to impeach the President. It states thus:

Sec. 38: (a)(2) Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of

(i) intentional violation of the Constitution,

(ii) treason,

(iii) bribery,

(iv) misconduct or corruption involving the abuse of the powers of his office, or

(v) any offence under any law, involving moral turpitude, and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereon by the Supreme Court.

(b) No notice of such resolution shall be entertained by the Speaker or placed on the Order Paper of Parliament unless it complies with the provisions of sub-paragraph (a) and

(i) such notice of resolution is signed by not less than two-thirds of the whole number of Members of Parliament, or

(ii) such notice of resolution is signed by not less than one-half of the whole number of Members of Parliament, and the Speaker is satisfied that such allegation or allegations merit inquiry and report by the Supreme Court.

(c) Where such resolution is passed by not less than two-thirds of the whole number of Members (including those present) voting in its favour, the allegation or allegations contained in such resolution shall be referred by the Speaker to the Supreme Court for inquiry and report.

(d) The Supreme Court shall, after due inquiry at which the President shall have the right to appear and to be heard, in person or by an attorney-at-law, make a report of its determination to Parliament together with the reasons therefor.

(e) Where the Supreme Court reports to Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office.

The question of impeaching the President will either remain dormant or surface time to time, depending on the relationship between the UNF government and the President.

But the relationship between the UNF and the PA at the moment is both cordial and cold. There was bitterness when the two parties debated the post-election violence, but there was camraderie when they decided to appoint committees to probe both pre-poll and post-poll violence.

At a PA parliamentary group meeting, MPs unanimously decided not to accept any position offered by the government because it had not done much to stop post-poll violence. Their main grievance was that the Police were turning a blind eye to the complaints made by PA members on alleged UNP atrocities.

Chief Opposition Whip Mahinda Rajapakse assured the MPs by saying that the party would petition the Chief Justice, the Attorney-General and the Human Rights Commission urging them to take necessary action.

In the interest of peace, both parties should resolve this matter once and for all and put an end to violence.

But again there appears to be a huge communication gap between the Prime Minister and the President. The President raised this matter up with Foreign Minister Tyronne Fernando when they were in Kathmandu last week for the SAARC Summit.

It is learnt, Mr. Fernando has launched a mission to improve the communication channel between the two leadeers. He is said to have already spoken to Prime Minister Wickremesinghe on the matter. 

The Prime Minister appears to be more concerned about time management and he has no time to waste sitting in a lounge waiting for the President who is known for her habit of coming late for events and appointments.

It is alleged that she also has a habit of cancelling appointments suddenly, sending the work schedules of others haywire. But now arrangements are underway for the two leaders to meet at least twice a week, in addition to cabinet meetings.

The President who had put the clock forward by half an hour is always late, one wag quipped adding that "May be, she is still going on the old time." 

A close look at the present state of affairs in the government reveals that the communication gap between the government and the President and the continuing violence had upset the government's plans.

For instance, President Kumaratunga had apparently delayed signing the Local Government (Special Provisions) Bill that was to be sent to the Supreme Court to determine its constitutionality. The move forced the the government to hold the local government election under existing laws.

Some analysts see the delay as a response or warning to the UNF, especially with regard to the its alleged harassemnt of PA supporters.

The President has wittingly or unwittingly blocked the UNF government's first piece of legislation presented to Parliament.She is reported to have said: "Why should I rush to sign the bill when my people are being harassed by the people."

The President's decision to delay the signing of the local government (Amendment Bill) has given rise to a string of other problems for the UNF government.

Accordingly, the Budget will not be held as scheduled on March 6; the local government polls had to be put off and it will be held somewhere in Mid-March. The Budget will only be presented after the polls, but is expected to be passed by April 10.

The other problem faced by the government is that it would be necessary for them to present a vote on account covering a period from March 31 to April 10 since the President had power only to raise money for a period of three months by proclamation when that period is not covered by a Budget passed by Parliament. Accordingly, the effectiveness of the proclamation made by the President comes to an end by March 31 and the government will be compelled to cover the period from March 31 till about April 10, when the Budget is passed through a vote on account.

It is likely to be presented in Parliament during the Budget debate.