Polemics
of poll dates
By our Political Editor
Sri Lankan voters can expect to go to the polls to elect a new President
of the Republic between October 22 and November 22 this year. The
Elections Commissioner, after his deafening silence for weeks, nay
months, has let the cat out of the bag. With his interview to the
Sinhala Sunday 'Irida Lakbima' last week, Dayananda Dissanayake,
the reluctant Commissioner in a roundabout way said that theories
afloat about a secret second oath ceremony by President Chandrika
Kumaratunga had no impact on him, that the law was clear -- Presidential
elections will be held this year. Of course, he didn't say so directly,
it was only implied.
But
it was good enough a message to prompt the ruling Freedom Party
(SLFP) to come out with a strong statement on Friday criticising
the Commissioner an daccusing him of taking the UNP's position on
the matter very well argued -- and articulated, at the culmination
of the UNP's successful JBM (Jana Bala Meheyuma or Peoples' Power
Rally) last month by its leader Ranil Wickremesinghe.
At
the root of the SLFP's ire is the fact that President Kumaratunga
was banking on yet another year at the helm of this country. Never
mind the fact that she does not even have a working majority in
Parliament, her position is that she will move out of the heavily
fortified President's House only in 2006, having completed her legitimate
two six-year terms as President.
In
a sense, the SLFP has a point. They want to know why the Commissioner
gave that interview, when his duty was only to fix a date for the
election. That was also the point mooted by Wickremesinghe, that
the Commissioner has only to fix the date for election.
And
yet, we for one, think that the Commissioner had a duty to make
a public statement. Here was an unusual situation where the Government
of the day was saying elections will be held in 2006 and the Opposition
was saying it should be in 2005. People were in a state of genuine
confusion.
The legal and constitutional arguments trotted making the confusion
worst confounded. Not that the Commissioner has cleared the air
with any categorical pronouncement either. It might have been better
for him to have made an official statement than gave a rigmarole
of an answer to a reporter's straight question; "Will the Presidential
elections be held in 2005 or 2006 ".
However,
there must have been an early signal conveyed to the President's
House. Almost coinciding (but a few days before the interview actually
hit the streets), a mad rush took place within the SLFP camp triggering
an urgent need to have a Presidential candidate appointed.
And
so, Prime Minister Mahinda Rajapakse became the obvious choice,
while Anura Bandaranaike by virtue of his proprietary rights of
the party, became his 'Running Mate'.And a quick decision to release
Vimukthi Kumaratunga, a young Vijaya lookalike, into the public
domain, though in fairness it would appear that his maiden appearance
was the work of the Animal Welfare Trust and the Tsunami Welfare
Association workers who dragged the son to their campaign for a
'no kill policy for animals' to get political mileage from the mother's
Government.
Not
all in the SLFP camp seemed too unhappy about a Presidential elections
in 2005. Clearly, Friday's statement issued by the party secretary
echoed the sentiments of President's House -- not Temple Trees,
where the contender resides.
Premier
Rajapakse's camp believes that 2006 will only make matters worse
for an increasingly un-popular Government. Just this week, even
the price of local arrack was jacked up, and you can’t blame
the world market for this.
The
Prime Minister told foreign diplomats this week that Presidential
elections will be held in 2005. He was more categorical than the
Elections Commissioner was. This statement by the SLFP's Presidential
candidate had reached the ears of the incumbent in the fortified
Colombo Fort, and she was not amused. She was to remark that the
Prime Minister had promised to stick to the undertaking that elections
should be in 2006, but he is now behaving differently.
Mahinda
Rajapakse is no longer bothered about those niceties. He needs to
galvanise all forces. Given the late start off the starters block,
the keen athlete has many hurdles to clear. One is to win the support
of the minorities. So he started with the plantation workers’
not undisputed leader Arumugam Thondaman of the CWC. Journeying
to Kotagala, Rajapakse wooed Thondaman.
But
the courtship turned sour even before Rajapakse returned to Colombo.
Having broken bread with Thodaman, he made the fatal mistake of
making a call on S. Sathasivam, leader of the Sri Lanka United Democratic
Front, a one-time CWC follower of the Thondamans, but now heading
a breakaway fringe group solidly with the SLFP. Sathasivam is recuperating
from a road accident.Thondaman now was unhappy with Rajapakse for
his double-game. Rajapakse was to make amends by saying he was only
on a humanitarian mission, but Thondaman was not amused either.
He came down to Colombo and met Kumaratunga on Tuesday, and then
Wickremesinghe later that day. Talk of double-games.
Kumaratunga's
rearguard action to postpone the Presidential polls for 2006 comes
in her long-expected move to consult the Chief Justice for a constitutional
opinion on the matter.
Unfortuately,
Chief Justice Sarath Silva is himself in the eye of the storm, because
he has himself being quoted in the local press as saying that it
was he who administered a second oath to her some eleven months
after she took her first oath in the immediate aftermath of her
election to a second term in December 1999. Principles of Natural
Justice usually deprive one of being a judge in one's own cause.
The
Government's arguments, however, have now veered from this second
oath-taking ceremony, to one of strict interpretation of the Constitution,
especially the Third Amendment which deals with these matters relating
to the dates on which a second-term President assumes office.
The
Supreme Court ruling will be a non-binding purely advisory opinion.
But the fact that the Buddhist monks of the JHU, which won a decisive
victory from the Chief Justice in the P-TOMS case have gone before
the same Chief Justice asking for a determination makes the matter
more significant than the President asking for an opinion.
On
the face of its petition, the JHU is asking for a Presidential poll
in 2005. The UNP did not want to take the matter before the Supreme
Court fearing an adverse determination. Neither has the Elections
Commissioner asked the Attorney General for an opinion. The Chief
Justice sits on the JHU matter as well, having already given a patient
hearing to it and proceeded to grant leave to hold a full inquiry
into its petition. The question then is what if the Chief Justice
and the Supreme Court hold against the JHU?
This
verdict would then be binding on the Commissioner, and would prevent
any other citizen from probably exercising his fundamental rights
vis-a-vis the Supreme Court.
In
the meantime, Rajapakse proceeds on the basis that elections will
be this year. He has engaged the services of his one-time political
bete-noire Mangala Samaraweera for the common cause. 'My enemy’s
enemy is my friend '. Rajapakse has told Samaraweera that the cooperation
of battered and somewhat bruised but yet formidable JVP, was "essential".
Samaraweera
got down to contacting JVP heavyweights Nandana Gunathillake, Wimal
Weerawansa and Anura Dissanayake on the telephone, asking for a
date to discuss a new Alliance. Yet another one Sandanaya, a P-COMS
(Post-Chandrika Operations Management Structure), one might call
it.The JVP trio put the matter before the party's politburo, and
as customary, a lenghty debate ensued on Wednesday. Pros and cons
were flying across the floor of the house, with many speakers saying
that such a new alliance would only seem in the public eye as a
mere anti-UNP posture.
The
majority were of the view that the time was ripe for the JVP to
field its own candidate. There is this theory that the JVP should
field a candidate, spoil any one candidate getting a 50 per cent
plus one vote majority, and then bargaining with a candidate like
Rajapakse for the second preference vote of the JVP candidate to
go to him, so that he can defeat Wickremesinghe in the second count.
Party
patriarch Somawansa Amarasinghe, now at the receiving end of a vituperative
onslaught by the state media under Kumaratunga, was still coy about
fielding their own candidate - who might have to be him!
He
reminded the younger members of the politburo, that the decision
should be left to the party's Central Committee. The JVP's decision
was put on hold for a fortnight, but the Gunathillake-Weerawansa-Dissanayake
trinity was told to proceed with the Rajaakse-Samaraweera negotiations
in the meantime.
During
these discussions, the JVP will be asking the Presidential nominee
of the SLFP what his position is on a number of issues, on which
his position is yet un-known. His answers will be crucial to the
JVP's determination on what they do - the options being to field
a candidate of their own, or back Rajapakse. The one common thread
they would have with a Rajapakse tie-up is the twin objective of
eliminating both Kumaratunga and Wickremesinghe from the political
arena.
Suddenly,
Kumaratunga has realised that her days in office may run out before
she expected it to. It seems a Supreme Court decision is now her
only hope to get an extension in office -- which is normally given
to public officers by her own cabinet. A once thought of constitutional
amendment to bring her into Parliament as an Executive Prime Minister
is now passe'. She is slowly, but surely accepting fate, and looking
to the past for a place in the future.
But
even that has into a disastrous mess. Ports Minister Mangala Samaraweera's
birthday present of a Rs. 20 million rupee book 'CBK' funded by
public monies to glorify her has been dubbed another 'Andare kathawa',
a Sri Lankan folk tale where a court-jester humours the King with
superlative tales about the King. Needless to say, Andare' gets
many favours from the King in return for all his efforts.
President
J.R. Jayewardene also gave his approval for an authorised biography
during his time as President at the tail-end of his first term (1982),
but his was a long political career of more than fifty years from
the pre-Independence era, and he commissioned two seasoned historians
of world-repute: Prof. K.M. de Silva Professor of History whom he
knew for more than 35 years and ex-US Ambassador Howard Wriggins
whom he knew for 25 years. The book took 15 years of research and
writing. It was funded partly by the J.R. Jayewardene Foundation
and partly by the publishers Anthony Blond/Quartet and Leo Cooper,
London), not by the Sri Lankan tax-payers.
No
doubt, a lady shipping magnate and a man who owns many business
empires, and still growing, made contributions for this publication
to an unknown Scottish writer Graeme Wilson, but the book has turned
out to be an utter embarrassment replete with howlers and bloomers
that hardly had those recovered from the champagne launch of the
book, the President's Office issued a statement saying that this
was not the official biography of the President, which some reports
now say has been commissioned to an Australian national Mark Hilsop.
Obviously,
'CBK' is not to be content with the writings of our own Yakkos like
Janadasa Peiris who published his own eulogy of the President in
Sinhala. After even 50 years of Independence, we need a 'foreigner'
to praise us, even if we are to pay him to do so.
The
UNP committed the same mistake when in office commissioning the
likes of Earl Gray (no, he was no aristocrat Earl, just a card-carrying
member of the Conservative Party , who was paid close to a Rs. 1
million a month through some World Bank grant to work for then Prime
Minister Ranil Wickremesinghe. He was Wickremesinghe's political
consultant, speech-writer, campaign manager, peace secretariat consultant
and head of the UNP media unit. He would spend three weeks in Colombo
and one in London each month.
Gray,
together with two other foreign nationals Jim Robertson and Ashley
were his assistants, managing the Rs. 800 million advertising budget
and even tasked with drafting the UNP manifesto. So, now we know
why the UNP lost.
There
were no biographies at the time, but even foreign advertising agencies
like Bateys was commissioned to promote Sri Lanka tourism - ask
any travel agency what work they did at the rate of US $ 2 million
per year. Like in quickly having her memoirs out in book form, the
President is in a hurry to wrap up some deals as well -- of course,
all this is for the country.
Later
this month she goes to China on an official visit where a US $ 300
million soft-loan awaits her to be spent on a project of her own
choice. And the project seems to be to wrap up a power deal at Noraichcholi
where the local agent will be one of those who funded her book 'CBK',
and generally funds all her political campaigns while ensuring the
bread is buttered on both sides.
Whatever
has happened to the Bishops and Catholic padres in the area who
were protesting over the environmental hazards involved has gone
into a mysterious silence as the Brotherhood endures.
In
the meantime, manifestos are being drafted. The UNP's by UNPers
(not this time by Earl Gray & Co., whom Milinda Moragoda is
still keen on, but party Chairman Malick Samarawickrama is dead
against), and the SLFP's also by UNPers.
A
one-time UNP provincial councillor - Ajit Nivard Cabral has confirmed
that he is in the process of what he calls collecting "new
ideas" - for Mahinda Rajapakse - for his Presidential manifesto.
Cabral, a chartered accountant with political ambitions contested
the Colombo West seat from the UNP but couldn't make it to Parliament.
Now
he seems to want to come on the National List and the Rajapakse
camp says that he will be ear-marked as a potential future Finance
Minister under a Rajapakse Presidency. Everyone knows that the incumbent
Sarath Amunugama was not his hot favourite. And the feelings are
mutual.Talk of new alliances.
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