"Cake eka genna" (Bring the cake) intoned President Mahinda Rajapaksa when last Monday's cabinet meeting ended. "Today is a special day," he told his ministers gathered at 'Temple Trees' for an even more special event - examine the changes to the Constitution. Rajapaksa said it was Minister Tissa Vitharana's 76th birthday. One of the Trotskyite Lanka Sama Samaja Party (LSSP) leaders now, Vitharana, Minister for Technology and Research, cut the cake and helped himself to the first piece. It was only the second piece that he offered to Rajapaksa amidst clapping, laughter and a chorus of best wishes.
The ministers had gathered on Monday morning, instead of their weekly sessions on Wednesday night. They first cleared the routine cabinet papers listed for this week. Then they took up a cabinet paper signed by Prime Minister, D.M. Jayaratne. It was accompanied by the draft of "AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF SRI LANKA." The short title said, "This act may be cited as the Eighteenth Amendment to the Constitution."
External Affairs Minister G.L. Peiris began with a detailed explanation of the changes. Later, President Rajapaksa was to touch on the salient features and explain why they were necessary. It was approved unanimously with no ministers raising any issue. Later, S. Abeysinghe, Secretary to the Cabinet, wrote to Chief Justice, Asoka de Silva. He said, "It is hereby certified that in the view of the Cabinet of Ministers, the above Bill is urgent in the national interest." This is in keeping with provisions (article 122) of the Constitution. The Court has already determined the changes and made its findings known to both the President and the Speaker.
Though a two-day debate was planned earlier, the government now wants to seek passage of the constitutional amendments after a debate only on Wednesday September 8. Surprising enough, none of the major opposition parties represented in Parliament thought it fit to raise issue. There was little or no time for a public debate on the pros and cons of the proposed changes. When all this was playing out, opposition UNP leader Ranil Wickremesinghe flew on Thursday to Chennai (Tamil Nadu) to attend a private function. But an important political issue which concerns every Sri Lankan needed his presence in Sri Lanka.
Significant highlights
Among the most significant highlights of the 14-page draft is:
- To repeal the existing provision in the Constitution, which states, "No person, who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People." Hence, there will be no restriction on the number of times one may contest the Presidency.
- The President to attend Parliament once in every three months. He will be entitled to all the privileges, immunities and powers of a member of parliament. However, he will not be entitled to vote. He will not be liable for breach of privileges of Parliament. The President will also have the right to address and send messages to Parliament.
- The President will head a Parliamentary Council comprising the Speaker, the Leader of the Opposition, a nominee of the Prime Minister (from Parliament) and a nominee of the Leader of the Opposition (from Parliament). The President will seek only the "observations" of this Council in appointing:
SCHEDULE 1: The Elections Commission, the Public Service Commission, the National Police Commission, The Human Rights Commission of Sri Lanka, The Permanent Commission to Investigate Bribery and Corruption, the Finance Commission and the Delimitation Commission.
SCHEDULE 2: The Chief Justice and the Judges of the Supreme Court, The President and the Judges of the Court of Appeal, The Members of the Judicial Service Commission, other than the Chairman.
SCHEDULE 3: The Attorney-General, The Auditor-General, The Parliamentary Commissioner for Administration (Ombudsman) and the Secretary General of Parliament.
NOTE: Existing provisions in the Constitution debar the President from appointing persons listed in the above schedules.
In terms of the 17th Amendment to the Constitution, the power is vested in the Constitutional Council comprising the Prime Minister, the Speaker, the Leader of the Opposition, five persons appointed by the President (on nominations from the Premier and the Opposition Leader) and one person nominated upon agreement by majority of MPs in Parliament (excluding the parties Prime Minister and Opposition Leader belongs). The rationale behind this provision was to ensure the bodies functioned independently and their heads were selected through a consultative process.
Under the 18th Amendment, the Cabinet will provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfer, disciplinary control and dismissal. In addition, it will also be responsible for appointment, promotion, transfer, disciplinary control and dismissal of Heads of Department.
 |
| The President addressing the 59th SLFP convention at Temple Trees. Pic by Sudath Silva |
NOTE: These responsibilities are now vested in the Public Service Commission (PSC). When the changes take place, the PSC will only have powers for appointment, promotion, transfer, disciplinary control and dismissal of public officers.
n Powers of the National Police Commission under the existing provisions of the Constitution have been severely curtailed. It will only be empowered to entertain and investigate complaints from the public or any aggrieved person against a police officer or the police force. At present, the Commission (though non-functional since no new members were appointed after the terms of those who held office lapsed) is empowered to appoint, promote, transfer, hold disciplinary control and dismiss police officers other than the Inspector General of Police.
NOTE: Once the changes take effect, the President will appoint the head of the National Police Commission (NPC). Police officers will come under the PSC. Rajapaksa told his Ministers on Monday that this Commission had not functioned properly. He said the NPC had given promotions to police officers who were dead and even to those who committed rape.
If the late J.R. Jayewardene, dubbed the 'twentieth century fox' (something he took exception to; he said it was the famous Queen's Counsel S. Nadesan who was given that title) for his political cunningness, designed the present Constitution, President Mahinda Rajapaksa, who vowed to do away with it once upon a time, has taken its provisions even further. Either by design or otherwise, he has caused disarray in the opposition ranks and prevented them from ganging up together against the proposed changes. Then, he sprung a lightning surprise to rush through the constitutional changes.
The first move was to invite opposition leader, Wickremesinghe for talks. He was ready, able and willing every time Rajapaksa asked him. In 2006, as is history now, he lost 17 of his parliamentarians while he was having a dialogue with Rajapaksa. Some of those who crossed over have become movers and shakers in the Rajapaksa administration. This time, he met the President twice to talk on constitutional reforms. He boldly declared that an Executive Prime Minister would replace the Executive Presidency. He lost two MPs to the UPFA fold. Eight more from the Sri Lanka Muslim Congress (SLMC), technically UNF parliamentarians who were elected on the elephant symbol, will now vote for the constitutional changes.
JVP starts campaign
Three more sitting UNP MPs - Lakshman Seneviratne, Earl Gunasekera and Manusha Nanayakkara -- have announced they would follow suit. At least two more from the UNP are to follow. That includes Abdul Cader (Kandy District) and Sri Ranga (Nuwara Eliya District). If there were fears in some sections of the government that the left parties may not vote, Rajapaksa has ensured they will. He held talks with them and has assured that after careful study another constitutional change later on the issues of powers vested in the Executive Presidency would be introduced later.
Angered by the Rajapaksa-Wickremesinghe dialogue, Democratic National Alliance (DNA) parliamentarian Anura Kumara Dissanayake, flayed the latter for what he called his "betrayal". He said by "running to Rajapaksa every time he called," Wickremesinghe had given legitimacy to the constitutional changes. JVP leader Somawansa Amerasinghe told a news conference on Friday that though the UNP leadership was weak; its MPs were keen to join hands with his party to carry forward the protest against the amendments.
With no common approach possible with the UNP within the short time available, the JVPers were distributing leaflets and holding 'pocket' or small group meetings to educate the public of the 'evils' of the constitutional changes. If the JVP waited to join hands with the UNP to protest, that was stymied by the Rajapaksa invitation to Wickremesinghe. On the other hand, Wickremesinghe could not go to the JVP for he was hopeful the dialogue with the government would continue. It was also a distraction and a way to sideline Sajith Premadasa who was mounting a bid for the party leadership. Instead, it appears to have taken a new turn.
Rajapaksa even hit out at Wickremesinghe at the 59th anniversary of the Sri Lanka Freedom Party (SLFP). He said there were "always conspiracies against the SLFP even though the party did not conspire against any element." Pointing out that "these kinds of conspiracies exist" even today, Rajapaksa said "children of those people, who tried to change the Government of Madam Sirimavo Bandaranaike during the implementation of the Press Bill in 1964, are trying to change the present government as well." It was Ranil's father, the late Esmond Wickremesinghe, who was a major player in engineering the downfall of the Sirima Bandaranaike government then. The Rajapaksa shot could well have been aimed also at Mangala Samaraweera, now a UNP member, whose father Mahanama Samaraweera was one of those who voted against the Press Bill and brought down the Sirima Bandaranaike government.
After somewhat paralysing the opposition through his political manoeuverings, Rajapaksa also spoke on the telephone with some UNP parliamentarians. On Sunday night, he called Badulla District MP Lakshman Seneviratne. He said he plans to seek a third term and hence constitutional amendments were being introduced, and to support it as there was no future for Seneviratne in the UNP. He also spoke to Manusha Nanayakkara, (UNP Galle District) besides three others. He sought their support. Yesterday, UNP's Puttalam MP Range Bandara said he would support the constitutional amendments. Readers will recall how Rajapaksa was quick on the draw to offer him all medical support and was on the phone with him when he was assaulted by a UNP member immediately after the April parliamentary elections, while the UNP dithered in taking action against the culprits.
Tomorrow (Monday), the President will address the government parliamentary group and later meet Editors and Publishers at 'Temple Trees'.
Contrary to speculation, the Sri Lanka Muslim Congress (SLMC), which has decided to support, will not join the Government, its leader, Rauff Hakeem told the Sunday Times. Removing the restriction of two terms for the Presidency is not an emotive issue. The opposition had not mobilised sufficient support against it. Even the issue of the 17th amendment, however significant that may be, is yet to be taken to the grassroots as a political issue, he notes in a guest column written by him on the opposite page.
The Government made available the draft amendments to the Constitution to Wickremesinghe on Monday night. However, he had learnt of the important provisions before that. A joint meeting of UNP parliamentarians and members of the Working Committee was held last Monday morning at 'Siri Kotha', the party headquarters. Together they numbered 126 but a few were absent. Wickremesinghe was quick to defend himself over the dialogue with Rajapaksa.
"If we do not go when the President calls us, he will blame us," he said. Wickremesinghe said he had talked to Rajapaksa about reducing the power of the Executive Presidency and empowering Parliament. However, UPFA parliamentarians had met in Beruwala and the situation had changed. He had wanted to go for a third term.
Wickremesinghe said that as Leader of the Opposition, he would not recognise the Parliamentary Council that is being set up to handle the functions of the Constitutional Council. He said the powers were granted to the Constitutional Council to recommend appointments and approve appointments respectively. Article 41B (1) of the 17th Amendment stated, "No person shall be appointed by the President as the Chairman or a member of any of the Commission specified in the Schedule to this Article, except on a recommendation of the Council." Article 41C (1) stated "No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President."
He said the sole function of the Parliamentary Council is to make only observations in respect of the President's appointments. "The resulting position, he said, "is that all appointments are made by the President and the Council would be impotent." Like in 2001, in a situation where the President and the Prime Minister were from two different parties, the President shall be able to make the appointments completely ignoring the Council and Parliament. He said the Parliamentary Council should work on consensus and the Speaker should have only a casting vote.
Wickremesinghe read out Mahinda Chinthana Idiri Gamana (Thoughts of Mahinda - the Way Forward), the President's election manifesto at the January 2010 election. President Rajapaksa, Wickremesinghe declared, had pledged that "Respecting the mandate received by Parliament, I will convert the Executive Presidency into a caretaker position which is responsible to Parliament, where all sections of the people are equal before the law, and responsible to the judiciary, ensuring that the constitution, the executive and the judiciary do not contradict one another, but has a spirit of co-existence as a single unitary state."
Karu: Erosion of democracy
UNP deputy leader, Karu Jayasuriya proposed that the party oppose the constitutional amendments. UNP Chairman Gamini Jayawickrema Perera seconded it. Jayasuriya, now an outspoken critic of the government, said that proposed amendments would only strengthen President Rajapaksa and make him "all powerful". He said this was an erosion of democracy in the country and made the office of the leader of the opposition powerless. The late D.S. Senanayake had introduced the Prime Ministerial system to Sri Lanka. When the President said he wanted to revert to an Executive Prime Minister system replacing the Executive Presidency, we believed him, he added. "The future generations will curse us if we do not play our role as an opposition," he said. Jayawickrema Perera charged that President Rajapaksa had breached all the promises given to the UNP. He said the UNP should not engage in any more discussions since the party had been let down.
Badulla District parliament Lakshman Seneviratne made a strong appeal that the UNP should vote for the amendments since it had already become a "fait accompli". He said though the changes would allow President Rajapaksa to contest for a third term, by that time it would be more advantageous for Wickremesinghe. "As a tactical move we should back it," he said. Vajira Abeywardena, former MP - Galle District (to whom Rajapaksa made a call this week) said that though he opposed the changes to the 18th Amendment, there were other good aspects in the amendments. Another who said they should vote in favour of the amendment was Earl Gunasekera (MP - Polonnaruwa District).
Those who said the UNP should oppose these amendments included Joseph Michael Perera, K.N. Choksy, Ranjit Atapattu, Kabir Hashim and P. Yogarajan. Mangala Samaraweera said that last Monday was an auspicious day for him. Hence, he chose to make his maiden speech. He said the party should oppose the constitutional changes. He claimed that Rajapaksa had not got a mandate from the people at the presidential election in January, this year, to continue with the executive presidency. He also addressed a news conference on Friday together with Ruwan Wijewardene, (MP - Gampaha District).
Dayasiri Jayasekera (MP -Kurunegala District) was highly critical of Wickremesinghe meeting Rajapaksa for talks without any formal approval from the party. He proposed that any UNP parliamentarian supporting the amendments should be expelled. The proposal to oppose the amendments together with the recommendation made by Jayasekera to expel those supporting it was adopted unanimously by the UNP Parliamentary Group-Working Committee. Two notable absentees at voting time were Lakshman Seneviratne and Earl Gunasekera.
On Thursday night, Lakshman Seneviratne called on Economic Development Minister, Basil Rajapaksa at the Presidential Secretariat.
He had an hour-long one-on-one meeting with him. Basil was to remark later 'Janaadhipathithuma dora erala kiyala kiwwa. Than mey okkoma mage gaawata enawa, mama danney ne monawa karannada kiyala...(The President has said the door is open. Now all are coming to me. I don't know what to do). Basil in an interview with the Sunday Times ahead of the presidential elections in January forecast that UPFA would raise a two-thirds majority. In an interview, which appears on the opposite page, he defends the constitutional amendments and declaresthey are necessary for democracy.
The next day, Friday, Seneviratne addressed a news conference at the residence of his colleague, Earl Gunasekera in Ward Place, Colombo. He said that both Gunasekera and he would support the constitutional amendment in Parliament. Later, the same day, Manusha Nanayakkara also declared that he would vote in favour.
A final pronouncement, Seneviratne told the news conference, would be made on September 8. Gunasekera said they had sought a meeting with their leader, Wickremesinghe to "further discuss" about the party supporting the amendment. "Failing this, we want to ask whether we can have a conscience vote," he said. Acting UNP leader, Karu Jayasuriya told some senior UNPers that a "firm decision" had been taken by the Parliamentary Group and the Working Committee, the latter the main policy making body, to oppose the amendment and to deal with those party MPs who vote in favour. Hence, he has said, the question of a "conscience vote" does not arise.
Seneviratne declared that if a leader (alluding to President Rajapaksa) is popular among the public, and has gained the trust of the people, he deserves a third chance to run for the Presidency. "The UNP leadership is weak and therefore, we cannot go forward as a party and cannot even dream of forming a government," he said. Added Gunasekera, "What we do would be the same as our deputy leader, Karu Jayasuriya, once said - we would remain in the UNP but merely support the Government." Seneviratne was bitterly critical of Wickremesinghe and used some harsh words to describe him.
He said that their leader, "due to all the merits he has earned in his last birth, has acquired 'life time leadership' of the party. Because of that, young politicians like Sajith Premadasa are not allowed to come up", he declared. Either wittingly or unwittingly, Seneviratne who led a group of party dissidents to support Premadasa for leadership has now let the cat out of the bag.
The question in UNP circles yesterday was whether Premadasa, who sought the UNP leadership, like his colleague Seneviratne, was supportive of the constitutional amendment himself. Even the others who have joined Seneviratne to support the amendment were backers of Premadasa. They also wondered whether Premadasa also shared Seneviratne's views on other matters concerning the government, but when Seneviratne began calling those who were in that clique that backed Premadasa to oust Wickremesinghe from the party leadership, most of them felt let down and angry that they would be accused of being the cat's paws of the government for a long long time to destabilise the UNP from within.
As revealed exclusively in these columns, it was only weeks earlier, Premadasa told Wickremesinghe that he (Premadasa) was the most popular within the party countrywide. Though they wanted him as the party (UNP) leader, he said, he was willing to work as Wickremesinghe's deputy. However, days later he declared he would not seek any positions in the party. He also accused Wickremesinghe of what he called "leaking" the story to the Sunday Times Political Editor. Wickremesinghe loyalists in turn blamed it on a Premadasa loyalist who once backed the UNP leader. The dialogue to sort out differences between the two has now ended in a stalemate.
Premadasa was conspicuous by his absence at the Parliamentary Group-Working Committee meeting on Monday. His views on the amendment were not known. Nor was it clear that he shared the thoughts of his colleagues, who backed him for UNP leadership. He told a local television channel that he had not attended the meeting because he was not part of the UNP delegation that talked on constitutional amendments with President Rajapaksa. He asked why he should be present. Obviously, a national issue that needed the attention of an ambitious aspirant to UNP leadership seems lost on him.
His archrival in the party, Ravi Karunanayake, who is demanding that he be given the same position that would be given to Premadasa, was to take a pot shot at Monday's meeting. "Where are the gallery politicians? Why are they hiding when we are discussing important issues," he asked. He said that all party parliamentarians and working committee members present or otherwise should adhere to the decisions taken.
It is known that Premadasa has not taken up strong positions on any critical issues confronting the party. He takes a "vata uda policy" (on the fence) remarked a party senior. Besides the amendment, the earlier occasion was when MPs staged a protest last month in Parliament over former Commander of the Army, then General Sarath Fonseka, being cashiered. He was not present. Come Wednesday, most UNP eyes will be on Premadasa to see whether he would attend Parliament, and if he does which way he will vote. Last Monday's UNP meeting also decided to appoint a committee to formulate strategy over matters arising from the upcoming constitutional changes. It is headed by deputy leader, Karu Jayasuriya and includes Gamini Jayawickrema Perera, Dayasiri Jayasekera, Ravi Karunanayake, Mangala Samaraweera and Ajith Perera. The Committee had its first sessions on Tuesday.
It is no secret that the UNP is notorious for appointing committees to resolve issues that remain unresolved for months, if not years. Instead, the issues multiply forcing the party to appoint even more committees. The fact that there is a need for change, the need for a vibrant opposition to ensure checks and balances for the benefit of the public, is forgotten. Whilst the committees deliberate, the party's supporters, particularly at the grassroots level, continue to distance themselves from the party.
Just two days after the constitutional changes were publicised, party leader Wickremesinghe, has chosen to attend private functions in South India. When he returns on Sunday, he will have only two more days before Parliament will pass with certainty the constitutional amendment. As Wickremesinghe continues to repeat the mistakes he makes, year after year, month after month, what the future holds for the United National Party, one of the oldest in the country, is only gloom and doom. |
E-mail