What most leaders of the ruling United People's Freedom Alliance (UPFA) did not believe happened this week.
Retired General Sarath Chandralal Fonseka, the former Chief of Defence Staff (CDS) became the "common candidate" of the country's major opposition parties. The newly-formed United National Front (UNF) as well as the Janatha Vimukthi Peramuna (JVP) will back him at the Presidential Election on January 26. However, they will not appear together on the same platform. Each side will conduct its own campaign.
Despite reports in the media and even different intelligence agencies, UPFA leaders had remained sceptical that Gen. (retd.) Fonseka would be the sole candidate for the main opposition parties. They had insisted that Opposition UNF leader Ranil Wickremesinghe would join the fray. So much so, pro-Government media speculated that the former CDS was coming in as a "spoiler" to help Wickremesinghe. A campaigner on state radio even vowed to walk out of his office on his knees if that did not happen.
Gen. (retd.) Fonseka will contest as the official candidate of the Democratic Alliance. It is the new name given to the United National Alliance (UNA), a political party already registered by a lesser-known group with the Department of Elections. His symbol will be a Swan. Today, at a news conference at the JAIC Hilton at Union Place, Gen.Fonseka will declare publicly that he will accept the invitation of the two major opposition groups to become their Presidential candidate.
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| Gen.(retd.) Sarath Chandralal Fonseka |
Gen. Fonseka will also spell out today his broad policy objectives. He told the Sunday Times they would include the abolition of the Executive Presidency, measures to ensure a return to democracy and media freedom. "I am committed to ensure that law and order is restored in the country. With this in mind, I want to take steps to prevent political interference in the working of the Police," he said.
On Friday night, during a Q & A after he spoke at a dinner meeting of the pro-UNP National Lawyers' Association at Cinnamon Lakeside Hotel, Gen. Fonseka was asked whether he would contest the Presidential Elections. He replied, "I am not only contesting but am confident of defeating President Rajapaksa."
There were emotional moments at the event. After the election of office bearers, including new president Upul Jayasuriya, the instrumental version of late C. T. Fernando's Hela Jathika Abhimaney echoed in the banquet hall as Gen. (retd.) Fonseka entered amidst wide applause. Over 700 lawyers took part.
The retired General said there were allegations that he had killed Lasantha Wickrematunga, a lawyer and Editor of the Sunday Leader. He said he would not shed his military uniform and stoop low to join the underworld to carry out such attacks. He stood near UNF leader Wickremesinghe, when he garlanded a portrait of late Wickrematunga.
Gen. Fonseka was asked whether there would be a military type of governance if he was voted President. He replied that "if I am elected President, I will not come down to the level of the Army Commander". He was also asked about fears of a possible coup, a revelation made exclusively in the Sunday Times. "I heard about such fears in some quarters. It only struck me after I read it in the newspapers. I could have send troops to Colombo if I wanted. There were no such thoughts in my mind."
Despite finality on the candidature of Gen. Fonseka, there remained a technical hitch. His retirement has not been gazetted yet, which in effect means that officially he has not been released from military service. On November 12, Gen. Fonseka wrote to Lalith Weeratunga, Secretary to the President, expressing his wish to retire from December 1 this year. Three days later, (on November 14) the latter replied. He said:
"I am directed by His Excellency the President to acknowledge receipt of your letter dated 12 November 2009 seeking permission to retire from the Regular Force of the Sri Lanka Army.
"I have also been directed by His Excellency the President to inform you that in keeping with your wish to proceed on retirement without further delay as you have already overstayed your date of retirement by four years, you will be retired from the Sri Lanka Army with immediate effect. Consequently, you will cease to hold office as Chief of Defence Staff, also with immediate effect……"
Gen. (retd.) Fonseka's lawyers helping him prepare his nomination papers have advised that the production of a copy of the Government Gazette notifying his retirement from the Army was an essential requirement. Otherwise, the Commissioner General of Elections, they have opined, was empowered to reject his candidature at the nominations on December 17. He was appointed CDS under the Chief of Defence Staff Act which specifies that the post could be held only by a serving Commander of the Army, Navy or Air Force. The delay in gazetting the requirement appears procedural. More so since the President has made clear publicly that Gen. (retd.) Fonseka will be retired "with immediate effect."
Gen. Fonseka was appointed Chief of Defence Staff with effect from July 15. His appointment was gazetted two days earlier, on July 13. His predecessor as CDS, Air Chief Marshal Donald Perera, relinquished office from July 14 but this was also gazetted on July 13.
Others whose appointments were gazetted on July 13 were Lt. Gen. Jagath Jayasuriya (Commander of the Army from July 15) and Admiral Tisara Samarasinghe, (Commander of the Navy from July 15). The retirement of then Commander of the Navy, Admiral Wasantha Jayadeva Karannagoda took effect from July 14 but was gazetted on July 13.
Opposition leaders have become sceptical. Gen. (retd.) Fonseka's attempts to reach Weeratunga this week have not been successful. His aides said calls from him were not being answered. Adding to their worries is a provision (Section 3) in the Chief of Defence Staff Act dealing with the term of office of the CDS. The relevant sub sections (3 and 4) state:
"(3) The Chief of Defence Staff may, by letter addressed to the President in that behalf tender his resignation from the office of the Chief of Defence Staff, at any time before the expiry of his term of office.
"(4) Notwithstanding the provisions of sub section (3), a Chief of Defence Staff who tenders his resignation, shall not be relieved of the duties of his appointment, until the acceptance of such resignation by the President is notified to him in writing."
On the one hand, Weeratunga's letter accepting Gen. (retd.) Fonseka's retirement "with immediate effect" conforms to provisions in the CDS Act (Section 3 Sub Section 4). Though this provision deals only with "resignation," it signifies the acceptance that Gen. (retd.) Fonseka has quit his post. However, the fact that such acceptance has not been given legal effect through a gazette notification has become the cause for worry. The question is what happens if the retirement is not gazetted until after nominations or in the next seventeen days. Legal remedies are now being examined.
President Rajapaksa officially triggered off the electoral process by signing a proclamation last Monday morning at an auspicious hour after 10 a.m. Thereafter he summoned leaders of constituent parties of the UPFA to brief them. TV cameras were on hand to record these leaders declaring support for Rajapaksa and praise him. The next day (Tuesday) UPFA supporters were stopping traffic in streets to distribute a two-page leaflet in Sinhala. Titled "Rata Rakina Veerathvaya - Rata Hadana Nayakaththwaya" (Bravery protecting the country - Leadership making the country). The note credits Rajapaksa for the military defeat of the Tiger guerrillas and declares that he had fulfilled "90 per cent of the promises" he made since his election in November 2005.
The leaflet said: "It is no secret that the country's affairs were under the influence of foreigners though we were independent. They were responsible for creating terrorism. As the Tigers were being defeated, another set of Tigers dressed in tie and suits came forward. They carried out false propaganda and tried to damage the image of the country, after their conspiracies failed to topple Rajapaksa. The President built friendship with Asian countries and protected the dignity of our soldiers. He created a new era instead of a period which disgraced the soldiers and the nation for a few dollars through a peace accord."
Whilst traffic slowed down in the choked streets in Colombo where blue-capped UPFA supporters were distributing leaflets, Rajapaksa was at a meeting with proprietors and editors of media outlets. They were later entertained to a buffet breakfast. He made clear that he was foregoing two years of his current tenure in office. "I decided to go for a fresh term as some alleged I do not have a mandate from people in the North and the East," he said.
For the main opposition parties, plans got under way in the same manner they were choreographed. "We decided that Gen. Sarath Fonseka will be our common candidate. We invited him to prevent the country from sliding into a dictatorship," said Anura Kumara Dissanayake at a news conference at the JVP headquarters last Tuesday.
However, he said, his party had not agreed to UNF leader Wickremesinghe being the Prime Minister when a caretaker Cabinet was named soon after Gen. (retd.) Fonseka was elected. Also taking part were Vijitha Herath and K.D. Lal Kantha.
On Wednesday, key players in the United National Party (UNP), the main constituent of the UNF were given the opportunity of meeting Gen. (retd.) Fonseka. They met up with him in groups at the latter's polls campaign office, a two-storied house at Rajakeeya Mawatha, just opposite Royal College. Many raised questions and obtained answers on issues that worried them.
On Thursday, the constituent parties of the UNF met separately to endorse Gen. Fonseka's candidature. SLFP (Mahajana Wing) leader Mangala Samaraweera said his party unanimously agreed to support Gen. (retd.) Fonseka. "We have found him to be an efficient, effective and apolitical person to carry out a democratic agenda and rid the country of family rule. Like fighting the LTTE, he is capable of defeating corruption and nepotism," he told the Sunday Times.
He later joined UNP leader Wickremesinghe in the afternoon for a news conference to announce formally that the UNF would also back Gen. Fonseka as the "common candidate." However, earlier in the day, UNP's Working Committee, the main policy making body, had a lengthy session where at least four members opposed the move. In his introductory speech, Wickremesinghe said that the party should view the upcoming election as a referendum to abolish the Executive Presidency. He said that otherwise the executive presidency would continue. He had spoken to most party members and had lengthy conversations with Gen. (retd.) Fonseka. Some opined that he also should contest. However, that would mean neither would receive more than fifty percent of the votes.
Wickremesinghe revealed that he had reached accord with Gen. Fonseka to implement the 17th amendment to the Constitution within 24 hours of his assumption of office.
There is also understanding on the adoption of several other measures including the withdrawal of provisions in the Emergency Regulations that restrict democratic freedoms and ensuring a free media. His deputy Karu Jayasuriya said he had spoken with a broad spectrum of party supporters and they were in favour of Gen. (retd.) Fonseka's candidature. However, a few had expressed dissenting viewpoints.
Kurunegala district MP Gamini Jayawickema Perera proposed that the UNP support Gen. (retd.) Fonseka's candidature. It was seconded by Abdul Cader (Kandy District). The first to raise objection was S.B. Dissanayake. He said the party was breaking a tradition more than six decades old in not naming its own candidate. He said it did not reflect well on the party leadership. However, he said he would go along with a majority decision.
Azath Sally a former Deputy Mayor of Colombo, raised strong objections. He claimed that minority communities like Tamils and Muslims were not in favour of Gen. (retd.) Fonseka. He cited an interview Gen. Fonseka had given to a Canadian newspaper when he was Commander of the Army.
In that, he had reportedly declared that Sri Lanka belonged to only the Sinhalese. Johnston Fernando (Kurunegala district) also opposed the move and said as the party organiser he could not campaign for the former CDS.
He said he would resign from the role of party organiser. Indika Bandaranayake (Kurunegala District) who was seated next to Fernando joined in to express his dissent. Before the conclusion of the meeting, some members had left. That included K.N. Choksy (UNP National List MP), Thalatha Athukorale (Ratnapura District) and Ranjit Madduma Bandara (Moneragala District). A notable absentee was Sajith Premadasa (Hambantota District). The motion was endorsed.
Just a day before the meeting of the Working Committee (on Tuesday), Wickremesinghe had learnt of moves by a leading UPFA personality to rally some UNPers to get the party to reject Gen. Fonseka's candidature. Towards this end, a group has been meeting him to evolve strategy. It is in this backdrop that a group had met at the Barnes Place office of Azath Sally. They included S.B. Dissanayake and Johnston Fernando. Mano Ganeshan, National Democratic Front (NDF) leader had been invited to take part. He attended the meeting but refused to change his decision, already made public, to support Gen. (retd.) Fonseka. On Friday, the UNP sacked Sally from the Working Committee. The same night some of the dissidents were engaged in consultations with UPFA leaders to join the Alliance.
In a related development, the National Workers Union (NWU), a registered political party representing plantation workers on Friday agreed to support Gen. (retd.) Fonseka's candidature. Its leader, Palani Phigambaram was earlier a key player in the Upcountry People's Front of P. Chandrasekaran. His party is said to have a membership of 40,000 in the plantation sector. The NWU had joined the United National Front (UNF) on the understanding that the latter does not enlist the support of the Ceylon Workers Congress (CWC) led by Arumugam Thondaman.
On Friday, the General Council of the UNF met at "Darus Salam," the office of the Sri Lanka Muslim Congress to formally endorse Gen. Fonseka's candidature. Later, the UNF leaders held another news conference to announce their decision.
Gen. Fonseka's candidature has drawn considerable interest in Colombo's diplomatic community. He met US Ambassador Patricia Butenis last week. Yesterday, he had a lengthy meeting with Indian High Commissioner Ashok Kanth.
In these columns last week, the Sunday Times revealed that the Criminal Investigation Department (CID) was called upon to investigate some defence deals done by a close member of Gen. Fonseka's family. The Sunday Times learnt that these same allegations are also made in a three page anonymous note posted to UPFA leaders. How it originated is not known. An official, surprising enough, had even circulated copies to some members of diplomatic missions, besides others.
A Government backed website run from an Asian capital named Gen. Fonseka's son-in-law as one of those involved in the deals. This website had claimed throughout that there was no corrupt activity in the conduct of the separatist war nor did civilian deaths occur. However, now a story titled 'EVERY BULLET FIRED AT INNOCENT TAMIL CIVILIANS FETCHED KICKBACKS TO GEN. FONSEKA FAMILY" tells a different story contradicting its earlier position.
It drew an angry response. On Friday, his son-in-law's lawyers in Colombo sent in a letter of demand seeking US $ 50 million as damages to the owner of the website, a one-time journalist from Jaffna. He is already saddled with other lawsuits. Lawyers were also planning Court action in the country from which this website operates.
Gen. (retd.) Fonseka told the Sunday Times his son-in-law was not associated with the Sri Lankan registered firm Hicorp. He was only involved with the company operating in the United States. However, the Sri Lankan firm, operated by the son of a retired Air Force officer, had given his son-in-law's name and address as the contact point. "I remember this company tendered for a binoculars deal. My son-in-law has nothing to do with this," he said. The US-based company has no involvement in Sri Lanka.
"I am not only willing to co-operate in any investigation into any deal. I will not shy away in identifying any wrong doer. I will also not shy away from exposing corrupt deals. If I am elected I will definitely probe many of them, some known, and punish those responsible," he declared. He added that bribery, corruption and nepotism would have to be dealt with in the interests of the nation.
Last Tuesday, Gen. Fonseka filed a fundamental rights application in the Supreme Court (SC) seeking the restoration of adequate security, the right to retain the deed of the land gifted to him and provision of "adequate and secure" quarters. A report on this application appears elsewhere in this newspaper. One of the ten documents annexed to his petition to the SC is his letter dated November 12 seeking to retire and an annexure giving reasons for it.
This confirms the exclusive revelation in these columns on November 15 that the letter addressed to the President by Gen. (retd) Fonseka was different from the one released by opposition parties. Our report said most media had published the version that was released by the opposition parties, and in fact, not the one sent by Gen. Fonseka to the President. See montage on this page.
However, the Government earlier declared it would reply to this letter and the annexure but chose later not to do so. If that signalled that the UPFA was taking a cautious approach to Gen. (retd.) Fonseka, there was more this week. Minister Maithripala Sirisena, General Secretary of the SLFP, the main partner of the UPFA, chaired a news conference at the Mahaweli Centre on Friday. There he accused both the UNP and the JVP of falling into an "international and local conspiracy" but carefully avoided any critical references to Gen. (retd.) Fonseka.
That studied silence, either for strategic reasons or otherwise, will not last long. Today, Gen. Fonseka fires the first salvo as the Presidential candidate. Naturally, the time will come for the Government to take him on. Alternatively, is it waiting to deliver a shock response?
The 17 point annexure Gen. (retd) Fonseka sent President Rajapaksa together with his letter seeking retirement |
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