"President Mahinda Rajapaksa does not trust him enough. He is not spying on us but on Dr. G.L. Peiris," remarked Rauff Hakeem, leader of the Sri Lanka Muslim Congress somewhat jocularly. "It seems so. Otherwise why a security guy should stand behind and watch us deliberating is puzzling," replied his colleague and SLFP-M leader, Mangala Samaraweera.
The two were among the United National Party (UNP) delegation that met Peiris at the External Affairs Ministry on Thursday morning to discuss matters relating to the 17th Amendment to the Constitution. Acting UNP leader Karu Jayasuriya led them. Also included were Joseph Michael Perera and Wijedasa Rajapaksha. Though Lakshman Kiriella was to be a member, he was not available on Thursday. On hand with Peiris was only the External Affairs Ministry Secretary Romesh Jayasinghe whose official functions, however, have little or nothing to do with constitutional changes.
The talking point among members of the UNP delegation, just after the 50-minute discussion ended, was the presence of a well-built security officer. He stood a few feet away from the UNP delegation, in the teak panelled conference room of the Minister, intently listening to the discussions. Whether he understood the nuances of the 17th Amendment or whether changes were necessary to their provisions is another matter. The UNP delegation was worried the presence of a security officer showed that they were looked upon with suspicion or as a threat to the External Affairs Minister.
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| Ranil Wickremesinghe at the UNP Working Committee meeting last Monday. He is flanked by Joseph Michael Perera and Tissa Aththanayake. Pic by Nilan Maligaspe |
Some said the well-muscled participant was from the Presidential Security Division (PSD) whilst others thought he was from the Ministerial Security Division (MSD). Whichever unit he belonged to, Members of UNP delegation wondered whether this was a new trend. Yet, none raised the issue with Peiris with whose approval the 'stranger' was present.
Thursday's meeting, it turned out, came after a string of telephone calls between Jayasuriya and Peiris. When the former proposed a date and time, the latter said he was unavailable and vice versa. On Wednesday, Peiris had told Jayasuriya he would suggest a further date and time when he returned from an overseas tour. However, that evening, the External Affairs Minister informed the UNP's acting leader, that he would meet them on Thursday morning. In the meantime, he left for Japan together with Economic Development Minister Basil Rajapaksa.
Jayasuriya's role
In the past week, Jayasuriya has been preparing for the dialogue with the UPFA Government on matters relating to the 17th Amendment. This was after his leader Ranil Wickremesinghe, who met Rajapaksa on Saturday (July 10) said that Jayasuriya had been dealing with the subject on behalf of the party. Hence, he named him to head the UNP delegation. Wickremesinghe thawed his relations with Rajapaksa. The President was even kind to his deputy. He invited Jayasuriya to join him on a helicopter flight from Colombo to Anuradhapura to take part in an upasampada ulela (Buddhist monks higher ordination ceremony). Jayasuriya thanked him but declined the offer. He said he had to travel there early to receive the President and other VIP guests. Jayasuriya is the head of the Nikaya Arakshaka Sabhawa of the Ramanya Nikaya (head of the society for the protection of the sect).
As revealed in these columns last week, Wickremesinghe will talk with UPFA leaders on matters relating to the proposed Executive Prime Minister. Another UNP-UPFA team has already discussed electoral reforms as reported in these columns last week.
Jayasuriya met with a team from the Organisation of Professional Associations (OPA) last week for a lengthy discussion. He also spoke to academics and lawyers. Jayasuriya began Thursday's talks with Peiris by pointing out that the UNP was strongly in favour of the existing provisions of the 17th Amendment being implemented. Peiris was reminded of his role as cabinet minister in the UNP. In 2000, when a new Constitution was discussed, he had called for "good governance". In 2002, when the 17th Amendment was introduced, he had stressed the need for it. In 2005, when the UNP held talks with the UPFA, Peiris had prepared all the documents for the UNP. Therefore, Jayasuriya said, he would be in a better position to appreciate the UNP representations. In legal parlance, it was akin to a defence lawyer turning prosecutor on the same case.
That included the appointment of a Constitutional Council, the National Police Commission and the Permanent Commission to Investigate Allegations of Bribery and Corruption. He said that in the absence of a Police Commission, UPFA organisers in various police divisions were picking their favourites to be officers-in-charge of police stations. This has created a law and order problem. Even if he did not say so, for over three months now, no complaints of bribery and corruption could be received. The commission remains defunct.
He pointed out that the existing shortcomings in the 17th Amendment could be made up from provisions contained in the draft report of the Parliamentary Select Committee headed by Minister D.E.W. Gunasekera. Though completed, Gunasekera has not placed his signature on it. Parliamentary privileges debar reportage on proceedings or findings of a Select Committee until it is made public. Jayasuriya handed over the relevant extracts.
Peiris was to emphasise on what he called three important aspects. Firstly, he said, there was a need for a "strong executive" President to ensure there was development. To support his argument, he read out extracts from former Singapore Prime Minister, Lee Kuan Yew's autobiography. Peiris said it was because of a "strong executive" presidency that it was possible to defeat militarily the Tiger guerrillas. He also said that when introducing constitutional changes the government wanted to avoid a political crisis of the nature faced by the Maldives. He agreed to the Opposition proposal that the President should be answerable to Parliament.
In the Maldives, in terms of a constitutional requirement, that country's cabinet, once appointed, requires endorsement by the People's Majlis or Parliament. The Government of President Mohamed Nasheed re-appointed a cabinet early this month after they had resigned en masse. However, the People's Majlis, dominated by former President Maumoon Abdul Gayoom's supporters has refused to ratify it. The tussle there continues two weeks after President Rajapaksa flew to Male to resolve it. On Thursday, Robert Blake, the UN Assistant Secretary of State for South and Central Asian Affairs flew to Male. He told a news conference in Colombo earlier that his government was willing to do whatever was needed to ensure President Nasheed and the opposition could work together for the common good of the people of that country.
The second point Peiris stressed was the need for accelerated development of the economy. Thirdly, he noted that the 17th Amendment was not needed and that a "strong executive" could deal with the situation. He was to remark that even Wickremesinghe had agreed to this during talks with President Rajapaksa. The remarks drew a sharp retort from one time Speaker Joseph Michael Perera. "We were there. He said no such thing," he asserted. It is not clear whether the subject figured during the one-on-one talks Wickremesinghe held earlier with Rajapaksa.
Mangala Samaraweera said that a "strong executive" could be the cabinet of ministers or even the Parliament. "Why should all the powers be vested in one person?" he asked. Rauff Hakeem was to speak at length about the need to strengthen the judiciary and ensure transparency in governance.
Matters relating to the appointment of independent commissions and the President's prerogative of dissolving Parliament were also discussed. Jayasuriya pointed out that as agreed upon, the government and opposition sides (and enabled by the 17th Amendment), should be allowed to make nominations for independent commissions. If the President does not endorse these nominees within two weeks, the appointment of such persons should stand, he urged.
The UNP said the power of the President, or the proposed office of the Executive Prime Minister, to dissolve Parliament should be restricted to a few cases. They were to cover instances where a party in power loses its majority, if such a party is defeated through a vote of no confidence or if Parliament resolves on its own for a dissolution. Peiris dismissed the idea. He said in 1983, then British Prime Minister, Margaret Thatcher won the war in Falklands (Malvinas). Riding a wave of popularity thereafter, she dissolved Parliament, called for an election and won remarkably. The ruling Conservative government in Britain, Peiris was told wants to legislate for a fixed term for Parliament. However, the proposal for such a move, he pointed out, did not come from the Conservative Party but from its partner, the Liberal Democratic Party.
Jayasuriya was to tell Peiris that if the government was unable to heed the suggestions made by the UNP, it should make available their own proposals for study. Peiris was "very charming and courteous" throughout the discussionm, said one of the participants. Yet, it was not a "fruitful dialogue". Another said, "He was non committal. He was not receptive to our suggestions to retain and strengthen provisions of the 17th Amendment". Both participants did not wish to be named. One of them declared, "we don't want to be accused of trying to wreck the talks. We will continue our dialogue. If they cannot accept what we say, let them tell us what they want to do".
Questions over talks
Peiris said he would get in touch with the UNP team upon his return to Sri Lanka. He would then give them a date for the next round of talks. Peiris accompanied Economic Development Minister on a trip to Japan.
The lukewarm response the UNP delegation received at the first round of talks on the 17th Amendment raises questions. This is a critical area where not only the UNP but also the international community wants action. US Assistant Secretary Blake devoted considerable time discussing the subject with President Rajapaksa on Wednesday. He later told the media, "Progress in implementing greater power sharing with the provinces, implementing the 17th Amendment to empower independent commissions such as human rights, police and bribery commissions, and efforts to safeguard media freedom, will all be important steps in ensuring a future of hope, peace, and prosperity for all Sri Lankans."
Blake also added, "a last pillar of reconciliation will be to advance democracy and human rights". He said Peiris, had affirmed during his visit to Washington that Sri Lanka wanted to "revive and strengthen its institutions of democracy".
It is relevant to note that implementation of these steps has also formed core issues for the European Union which is withdrawing the GSP Plus concessionary tariffs from August 15. Though Peiris rejected the EU's 15 conditions, he later declared that dialogue was the only way to move forward. However, EU's envoy Bernard Savage, said "there is no change in the situation".
The Government was angry at Blake's remarks. Its response was prompt and reflected its determination to make changes to the 17th Amendment. Media Minister and official spokesperson Keheliya Rambukwella told the post-cabinet news briefing that Blake "had no right to dictate to Sri Lanka on how democracy must be protected or to make comments on the 17th Amendment as it was entirely a domestic matter of this country". He said: "Sri Lanka has a vibrant democracy" and it was not for "outsiders" to offer advice. However, privately, some of Rambukwella's colleagues were not amused. "Why then should our External Affairs Minister discuss such issues with US Secretary of State, Hillary Clinton during a visit to the United States," noted one of them.
Besides the main opposition's dialogue with the UPFA leaders, an event, which was to generate considerable heat, ended in a whimper.
UNP working committee meeting
It was last Monday's meeting of the UNP Working Committee, the party's main policy making body. As revealed exclusively in our front page last week, this meeting was to be preceded by talks last Sunday to resolve the feud between two factions within the UNP. The surprise move for reconciliation was the result of suggestions made by a group of senior UNPers to Sajith Premadasa who heads a "dissident group". At least four senior UNP members, three of them MPs, were to accompany him to the residence of Karu Jayasuriya at Amerasekera Mawatha in Colombo 5.
The meeting was called off unexpectedly. The revelation by the Sunday Times, embarrassed some Premadasa faction members, who argued that it was a "closely guarded secret". There was also a dispute over who should visit Jayasuriya's residence. During a National Democratic Association seminar last week for UNP provincial councillors, the party's senior leaders had taken part. UNP Chairman Gamini Jayawickrema Perera had suggested to Premadasa that he should resolve any differences that exist with party leader Wickremesinghe. Supporting the move were Jayasuriya, Tissa Attanayake and Joseph Michael Perera. Premadasa had agreed to take part in a meeting to talk things over.
He was to be accompanied by Rukman Senanayake, Dayasiri Jayasekera, Thalatha Athukorale and Ranjith Maddumabandara. However, Jayasuriya and other UNP senior leaders had insisted that the first meeting be held only with Premadasa. The latter had declined to come alone. Premadasa was angry with the Sunday Times report. He telephoned last Sunday to say the planned meeting was only to provide "an exit strategy to Ranil Wickremesinghe".
"If you all had asked me, I would have told you that," he said.
However, he did not explain why Wickremesinghe, who successfully got on top of the crisis within the UNP by initiating a dialogue with the UPFA, needed an 'exit strategy'. If indeed Premadasa's claims of offering an 'exit strategy to Wickremesinghe' are correct, it is a clear indication that his group has wilted. Their aim was to oust Wickremesinghe from leadership. Now, they had changed gear and looked towards an 'exit strategy'.
In fact, Wickremesinghe won the day at the five-hour Working Committee meeting last Monday. The members unanimously endorsed the recommendations of the party Reforms Committee. The highlights of the recommendations were published in this newspaper. The main one is the election of the party leader by an electoral college of UNP MPs and members of the Working Committee. This was through an amendment to Article 8 of the party constitution. The amendment said that all the officials of the party who will be elected, including the Leader would be drawn from any member of the National Executive Committee (NEC). Earlier it was from a smaller pool of members of the Working Committee.
The NEC comprises a pool of over a thousand party members. The recommendations of the Reforms Committee may have been more tightly worded, though. It might have said the office-bearers would be elected by an electoral college comprising members of the Working Committee and the UNP Parliamentary Group, rather than saying UNP MPs because it is a known fact that until the last election there were legally UNP MPs who were sitting in the Rajapaksa Cabinet. It is quite a possibility that in the event there is such an MP in the future, he or she could claim the right to vote for these office-bearers even if they are in the Rajapaksa administration.
"Either he goes or I go"
Proceedings began on an inauspicious note. A Working Committee member, Upali Piyasoma, who had been sacked by the party leader turned up for the meeting. Once Wickremesinghe came and saw him there, he said that he would not conduct the meeting. "Either he goes, or I go" he said threatening to call the whole thing off. Wickremesinghe's security detail also moved in. As the din continued, Wickremesinghe was heard to tell his deputy Jayasuriya and the Reforms Committee chairman Joseph Michael Perera jocularly, "I will continue to be the all-powerful leader, I can act like a dictator".
Saner counsel prevailed and Upali Piyasoma withdrew allowing the meeting to start. "Mey sabhawe aya mata yanna kiyanawanam mama yannam" (if those members in this assembly want me to go I will go), he said, and he went. Those who had engineered his presence would not have wanted Wickremesinghe using it as an excuse to further delay party reforms.
The meeting proper then began with Wickremesinghe making some brief remarks. Young Premadasa, however, who should have started putting his best foot forward, did so by putting it in his mouth. To the consternation of most, especially the six-member party Reforms Committee, he began by asking these members if they had read the report they had signed, the innuendo clear as clear could be; that it was a draft of the party leader and they were mere rubber-stamps to it. Here was the party's most senior parliamentarians, Joseph Michael Perera (entered Parliament in 1976), the chairman of the committee, John Amaratunga (1978), Wijeyadasa Rajapaksa, a President's Counsel, Lakshman Kiriella, a veteran from Kandy and a lawyer etc., on the committee and Premadasa asking them if they had read the report that they had signed.
The committee members responded to Premadasa appropriately, and from that horrific start Premadasa moved that the electoral college be expanded to cover provincial councillors and members of local councils, including Pradesheeya Sabha members. The move saw a counter move by Ravi Karunanayake. He said if that proposal were to be accepted, even party representatives at the grassroots level should be included. He also took a few pot shots at Wickremesinghe by saying Nayakathumath Game Gahanawa (the leader is also playing games).
In fact, the 16-page report of the Reforms Committee, a copy of which was obtained by the Sunday Times, highlights some of the problems in expanding the Electoral College. The report notes: "The members of the Provincial Councils and the Local Authorities strongly urged that they also be granted voting right in the event of any election being held to elect office bearers to the Party hierarchy.
At the same time some representatives reminded the danger of such a decision since a large number of UNP members in Provincial Councils and Local Authorities have crossed over to the ruling coalition but still remain as members of the party while agitating in litigations."
According to UNP insiders, as many as 400 UNP Provincial and local council members are actually "playing ball" with the Government though they remain UNP representatives. There is always the danger of any one of them being instigated to go to court and block the elections to office-bearers and throw a spanner in the party works. Premadasa as well as his backers were cautious not to push for a vote on his proposal. One of his key backers, who made lengthy preparations for a speech, which was to ask Wickremesinghe to step down, backed off. Instead, his remarks were more moderate. Hence, the matter ended there.
One of the issues was that Wickremesinghe had given the Working Committee members copies of the Reforms Committee report only that day, even though the Committee itself dated its report as far back as July 5, and handed it over to the party leader on the 16th. The option before the Working Committee was whether to adopt the Reforms Committee report on that day or wait for another date after it had been gone through by all the members in detail. One of Wickremesinghe leadership's main critics, Lakshman Seneviratne, agreed that the Working Committee adopt the recommendations and get over the first phase without further ado. Wickremesinghe then said that they could still consult the provincial and local council members and come up with any further suggestions when they meet again in two weeks time.
He announced that Karu Jayasuriya would function as acting leader - the first time he has appointed an acting leader - and attend to party matters during his absence "for eight to ten days". He said he would have no official engagements with leaders of the Indian government. He left on Tuesday for a private holiday to Leh Ladhak, in the troubled Jammu and Kashmir region of India. Tourists are advised to come only during these months due to the climate conditions in those high-altitude mountainous regions of India. Accompanying him were his wife, Maithree, Sagala Ratnayake (former MP for Matara District) and W.S.S. W. Wickremesinghe, SSP, the head of his security detail.
At the conclusion of the meeting, Jayasuriya said the internal divisions in the party had come at a time when the government was becoming increasingly unpopular. Living costs were increasing. "This is hit wicket or self inflicted wounds," he declared. He appealed to members to work towards reconciliation. Issues should be discussed "within this room" and not through the media and public platforms, he said. Premadasa was to concur with Jayasuriya. He said the deputy leader spoke about "hit wicket." He said, "We also feel there is a need to rectify it." Several members spoke during the five-hour session.
Ranil's triumph
On Thrusday, Jayasuriya issued a statement as acting leader of the UNP. He said: "The UNP faces one of the worst crises of its glorious 60-year history, it bears heavily on our spirits as responsible representatives, to appeal to party colleagues for caution, decorum and united approach in the face of our trouble." He added that that the "UNP has not lived up to its potential as a powerful opposition" and declared the need for a "succession plan" for leadership.
However, the main "trouble" he referred to, at least for the time being, had ended. Party leader Wickremesinghe had won the day. Despite a report that clearly clips his wings, he made it seem that it was he who emerged the victor, while the Premadasa-led faction left crest-fallen. The electoral college that has to re-elect him, when the party's constitutional amendments take effect, has a majority that would back Wickremesinghe, or so he confidently feels; if not for any other reason, than that no real contender has come forward to challenge his leadership. Even if the party's special sessions next month endorse the amendments, it will be several months before the changes take effect. Thus, Wickremesinghe has won a reprieve though it could be temporary if the feud with the dissidents continues.
Besides that, the Reforms Committee has also made some veiled strictures on Wickremesinghe in its report. He would naturally have to remedy some of the issues raised and pay heed to other recommendations. This is if he wants to re-build the confidence within the party and its supporters.
The Reforms Committee noted that "It is important to place on record that the vast majority of Members of Provincial Councils and Local Authorities criticised the Party hierarchy for taking decisions in an arbitrary and ad hoc manner without a proper understanding of the pulse of the general public specially that of the rural sectors…………….. A large number of representatives were cynical about some of the hegemonic decisions of the Party taken without consulting or obtaining views from the members/persons who are conversant with the subjects concerned. ….."
The Committee was also critical of the agreements the party has entered into in the recent past with "some minority parties through coalitions." This, the report said, was "jeopardising the interest of the party members whereby the party has lost its vote base up to a certain extent.
They emphasised the need to have prior approval of the Working Committee in future in the event of any such agreement being entered into."
A section of the report that seemed aimed at the Premadasa-Seneviratne dissident faction said this;
"The vast majority of the persons who made representations to the committee expressed their disappointment and outrage in (the) strongest terms at some of the senior members of the Party who were continuously making statements in public, criticizing the policies, decisions, leaders and office bearers of the Party ………They also urged the committee to convey to such members to restrain themselves from seeking cheap publicity….".
Finally, the report said that the party constitution had been amended many times in an ad hoc manner and it was "highly appropriate to re-draft a new constitution to meet the present day challenges which were not envisaged by (the) the framers (of the party constitution)". The Reforms Committee also criticised the Executive Presidency, which it said had been "misused and abused to the hilt to wreck the opposition political parties." This was "instead of exercising such powers for the benefit of the masses, to uphold law and order in the country and thereby maintain national harmony." The report added, "The policy adopted by the government to keep the opposition gagged and to brand anybody who makes a constructive criticism as traitors, prevented the opposition and the media as well to keep the government and the people alert about the international laws and rules during the war and thereby the leaders who engaged without proper circumspection and adroitness in such affairs got trapped in pre-designed plots exposing the entire nation."
The Reform Committee's recommendations, as well as this week's events, clearly show that Sri Lanka's main opposition United National Party (UNP) needs a change its supporters can believe in. Such a change cannot come through their leaders engaging in either overt or covert dialogues with the government.
There is a strong need for the UNP's original role -- govern according to its policies when in power and more importantly be consistent in its policy when playing the role of a real opposition. Otherwise, the party is doomed to fail the people who believe in it. Worse still, the party will only continue to strengthen the government by not ensuring checks and balances for a true democracy that will improve the quality of life of Sri Lankans. For Wickremesinghe, who has won the day, the message should ring loud and clear in the coming weeks and months. Politics is not just a mere game of chess. He has taken a gamble that can make or break him and his party, and the country he hopes to lead through his party. That is if no change is forthcoming. He will surely be meditating on the subject at the monastery in Ladakh. |
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