Columns

• Ministerial team to work out early solution; separate unit set up at Presidential Secretariat
• Proposal includes setting up of a Truth and Reconciliation Commission based on South African model
• Another key issue will be devolution of power and provincial councils set up under Indian pressure
• Wednesday’s opposition-led protest a flop; there were more police officers than participants

By Our Political Editor

The first initiative in this direction is the appointment of a ministerial team to put together the broad outlines of what such a project should encompass. That will later form the basis of discussions with all stakeholders.

The team that will function under his leadership will include Prime Minister Dinesh Gunawardena, Foreign Minister Ali Sabry, Fisheries and Aquatic Resources Minister Douglas Devananda and Justice, Prison Reforms and Constitutional Reforms Minister Wijeyadasa Rajapaksha. The team will meet every Monday, immediately after the weekly Cabinet session so it could finish its task early.

The team is expected to delve into the key elements involved with reconciliation efforts in the coming weeks. This is particularly after President Wickremesinghe returns to Sri Lanka from his visit to Egypt for the Sharm el-Sheikh climate change conference. He left yesterday for COP 27, as the conference is titled. Heads of state and government will attend the Climate Implementation Summit that seeks to act towards achieving the world’s collective climate goals on November 7 and 8. US President Joe Biden, French President Emmanuel Macron and Britain’s new Prime Minister, Rishi Sunak are among the 90 heads of state who will attend.

The priority the government is giving to the new reconciliation project is evident in the setting up of a separate unit at the Presidential Secretariat to handle all the activity. It is headed by Letchumannan Ilangovan, a state sector official who was earlier secretary to the Governor of the Northern Province. He also serves as Additional Secretary. In addition, the government will also set up an office in Vavuniya. The idea is to obtain views the ministerial team may seek from the public from time to time. These initiatives have already got underway when onetime President Chandrika Bandaranaike Kumaratunga wrote to President Wickremesinghe, seeking a meeting to discuss matters relating to ethnic reconciliation.

In trying to reach a broad-based programme for ethnic reconciliation, the government, no doubt, must focus on several key areas. That would include issues repeatedly raised and highlighted in detail at the last 51st sessions of the UN Human Rights Council (UNHRC) in Geneva only weeks ago. The government’s formally declared response was the proposed appointment of a Truth and Reconciliation Commission. This is modelled on the lines of the one in South Africa.

It was set up there by the Government of National Unity to help deal with what happened under the apartheid regime. During this period, there was violence and human rights abuses from all sides in South Africa. Such a body was originally proposed by the yahapalana government when the late Mangala Samaraweera was the Foreign Minister. In fact, then Prime Minister and now President, Ranil Wickremesinghe formulated a concept paper which was to form the basis of a draft law. The pivotal issue here is whether a Truth and Reconciliation Commission without accountability would be possible.

Foreign Minister Sabry now pursuing the same policy again, with the endorsement of President Wickremesinghe, does raise several serious issues. It brings to the fore the question of whether this approach, belatedly, was carefully studied before a public announcement was made. The reasons are many. Whilst in no way casting any aspersion on some of those military top brass who held key positions during the final stages of the separatist war, it must be pointed out that they have faced accusations from Tamil groups. Some of the top brass now hold important government positions, by virtue of which, they may be able to influence the course of a probe, if one does become necessary to determine the truth or otherwise as viewed by would-be complainants. Another is the impact the delayed action would have on the morale of those serving.

This is particularly in the backdrop of those who are likely to face finger pointing but have played a big role in the recent months and weeks, providing a secure environment to the government to ensure near normalcy. The passage of time has made the task not only difficult but one that is not easy to enforce notwithstanding the best of intentions. In this environment, even if the security establishment (Police included) are in favour of the concept, the question remains whether they would be prepared, 13 years after the Tiger guerrillas were defeated, for soul-searching over wrongdoing. That is even if there is no punitive action to follow. Thus, unlike in South Africa, it will be an arduous task for the government to steer its own Truth and Reconciliation Commission.

Heavily outnumbered police personnel making a human wall at Pettah to stop the marchers who join the opposition-led protest on Wednesday. Pic by M. A. Pushpa Kumara

Devolution of power

Another area of interest would be the mechanics of devolution of power. One of the main instruments, under the aegis of India, was the introduction of the 13th Amendment to the Constitution. That led to the establishment of Provincial Councils. It can now be revealed that former President Gotabaya Rajapaksa was not in favour of these councils and was seeking ways and means of abolishing them. When he was President, he appointed a nine-member Committee which formulated a draft Constitution and expected it to come up with its recommendations.

The Committee headed by President’s Counsel Romesh De Silva included Justice Abdul A.W. Salaam, Professor G.H. Peiris, President’s Counsel Manohara R De Silva,  President’s Counsel Sanjeeva Jayawardane, President’s Counsel Samantha Ratwatte, Professor Wasantha Seneviratne and Professor Sarveswaran Arulanantham.

In a report, the nine-member Committee said, “The Majority of the members of this Committee are not in favour of the Provincial Councils introduced by the 13th Amendment.” They were of the view that there should be one country where all citizens are equal and are not discriminated upon on any ground whatever inclusive of racial or religious grounds. They were of the view that no citizen should be granted privileges based upon racial or religious grounds. Merit should be the criteria of appointment. Religion and culture of all citizens should be respected and recognised.

The report, however, did not identify who was in favour and who was opposed. It added, “A. Sarveswaran expressed the view that the structure introduced by the 13th Amendment should be retained. Professor G.H. Peiris, Manohara De Silva PC and Samantha Ratwatte PC particularly are of the view that the 13th Amendment is prejudicial to the independence, sovereignty, unitary character, territorial integrity, and national security of the State. Accordingly, they do not favour the retention of the Provincial Councils established under the 13th Amendment. The overwhelming majority of those who made representations before this Committee are in support of a unitary state and against the Provincial Council structure introduced by the 13th Amendment.”

Manohara De Silva PC and Samantha Ratwatte PC, the report on the draft constitution says, agree with the proposed (Chapter XXII) on the basis that:

• No separate elections are held to constitute Provincial Councils.
• The Provincial Councils to consist of representatives of Local Authorities elected at the Local Authority Elections.
• The Provincial Councils to exercise executive power subject to the executive powers of the President and the Ministers of the Cabinet of Ministers
• Power of the National State Assembly is not restricted in any manner about any subject on which a Provincial Council has power to make statutes.

Prof. G.H. Peiris, the draft report on the constitution said, “is against the provincial council system and accordingly is not in favour of the provisions incorporated in Chapter XXII. This chapter provides for the devolution of power to the provinces whilst also providing for “the participation of the Provincial Council in decision making at the centre. “Thus, citizens at the grassroots will have the ability to exercise power within the province and also at the centre.”

There is no gainsaying that implementing the proposals contained in the draft constitution about Provincial Councils would have raised serious issues. This is particularly in the light of the involvement of a third party — India — in the formulation of the 13th Amendment. The devastating economic crisis which ex-President Gotabaya Rajapaksa presided over overtook other events including the constitutional changes.

This explains why Justice, Prison Reforms and Constitutional Reforms Minister, Wijeyadasa Rajapakshe already declared that he would move in Parliament for the appointment for a Parliamentary Select Committee to formulate a new draft constitution. His contention that there were no politicians in ex-President Gotabaya Rajapaksa’s nine-member Committee that handed in a 272-page draft constitution means it will not see the light of day. The 21st Amendment which has now come into effect has replaced some non-controversial recommendations. One is the appointment of a High Posts Committee and a Legislative Council to to clear appointments to higher office. The Constitutional Council has come into effect now instead of them. How long a Parliamentary Select Committee would take to draft a new constitution amidst other priorities of the government would still become a critical question.

Minister Rajapakshe said yesterday that the first task with 21A becoming law was the setting up of the Constitutional Council. Thereafter, they would appoint new members to the independent commissions within two weeks. Such Commissions, he pointed out, will be the Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, and the National Procurement Commission.

He added: “The Constitutional Council will have three ex-officio members; the Prime Minister, the Opposition leader and the Speaker of Parliament. The president can appoint one member of parliament. The Prime Minister and the Leader of the opposition can nominate two members from Parliament. The minor parties nominate one member. Apart from that, three civil society representatives too would be nominated– one by the Sri Lanka organisation of Professional Associations, another by the Sri Lanka Chamber of Commerce and a Professor of the state university nominated by the University Grants Commission.”

Opposition protest a damp squib

Even if the initiative towards ethnic reconciliation remains distant, it was a week in which the government had to cope, for the second time, with a threat from protestors who wanted to storm the city centre in Fort. Despite all the brouhaha, it turned out to be a damp squib. There were more police personnel than protestors. A similar fate befell a protest rally on October 27 by trade unions of the Janatha Vimukthi Peramuna (JVP). This is how it played out.

In the front row, wearing gas masks they locked each other’s arms together to form a human fence. Behind them stood their colleagues, ten deep, displaying their anti-riot paraphernalia. Some wore across their necks satchels that bulged at their waist with tear gas grenades. Some clasped batons firmly placing the leather strap at the top end around their fingers for a tighter grip. Then there were those behind wicker shields peeping out like birds every now and then to see whether any intruder had arrived. Further away, trucks mounted with water cannons were on the ready. Unbeknownst to those expected, there were also groups who had taken cover in the structures that lay near shops. This was the scene at the entry point to Pettah flanked by a tributary of the Beira Lake on the left and the Police Mounted Division on the right that Wednesday morning.

Also, that morning, a senior politician, now a cabinet minister was making desperate telephone calls to speak to President Wickremesinghe. He complained that a ministerial colleague had directed the Police to launch an assault on those turning up and only ask questions later. This worried him. He feared if that were to happen, there could be retaliation. Memories of Sri Lanka Podujana Peramuna (SLPP) goons unleashing retaliatory attacks on their homes, like what happened on May 9, might follow. It took a senior official to assure him that his fears were unfounded. He was told that President Wickremesinghe had asked the Police to warn the protestors to leave and not launch protests since permission has not been granted. If they defied, he had advised, that they should enforce the law. This was why busloads of Policemen, estimated to be around 3,000 were deployed for special duty in the area and its environs.

It was past 2.30 p.m. when a group of protestors began trickling in outside the Elephintstone Theatre in Maradana. They made an interesting combination. Spearheading the task was the Frontline Socialist Party (FSP), identified by its short name Peratugami – ideologically an extremist group. They were protesting what they called oppression of their members who had taken part in earlier protests. Two of their members are already under detention orders from the Ministry of Defence under the Prevention of Terrorism Act. On the other end was the Samagi Jana Balavegaya (SJB) led by Opposition Leader Sajith Premadasa. They represented the democratic opposition in Parliament. It is noteworthy to mention that a handful of members of the SJB were opposed to participation and kept away. There were smaller numbers from the Sri Lanka Freedom Party (SLFP) and many other groups. If the Police estimates are correct, there was “anything between 2,000 to 2,500 participants.” That is even lower than the number of police personnel who turned up for special duty.

The march from Maradana came to a halt at the human fence at the gateway to Pettah. The protestors spent around 45 minutes. A faction argued that they should find the means to slip through the police cordon and reach the other side. They were livid that they were not receiving the support of SJB participants. This was around the time that two SJB frontliners Harsha de Silva and Eran Wickremeratne were seen leaving the venue together with their backers. Others began to hoot. And soon, there were catcalls against Opposition Leader Premadasa. One of the protestors climbed the shoulders of another and began making a speech. He was near Duminda Nagamuwa, Propaganda Secretary of the Frotline Socialist Party, and the human chain formed by the Police. The video of his speech went viral.

He said “We came here and conducted a peaceful protest today. Only the nonpatrisan groups are the ones who are remaining here. Where is the Opposition Leader, where are the politicians of other parties? There is no one from those parties. They left us here and went away. We would like to say that Sri Lanka is destroyed by 225. We do not trust Parliament. See how many police officers are here. How can they attack a non-aggressive peaceful protest?”

It drew a twitter comment from the US Ambassador Julie Chung. She said “Freedom of assembly is fundamental to democracy. We urge the SL government to ensure space to support the rights of citizens and for protestors  to exercise their rights peacefully.” 

Frontline Socialist Party’s Duminda Nawagamuwa told those who had gathered “We now plan to hold a countrywide protest on Wednesday November 9. Therefore, let us depart in peace. He claimed that the hooting was done to undermine their protest.  As a group of people were frustrated. They were unable to break the police human barricade. There were also government spies among the participants. We are aware complications can arise when different parties get together to face common issues.” The JVP did not take part in the protest. Last Wednesday’s turnout and the aftermath make one fact clear — even if the FSP can muster its full membership, the other political parties may not become participants. This is evident from the way they slipped away from the police cordon fearing a direct confrontation. Moreover, it is they who were forced to bear the brunt of the accusations.

For example, the SJB General Secretary Ranjit Madduma Bandara charged that “some groups were frustrated and wanted to resort to violence. We strongly objected to it. That is why we were hooted upon and jeered at. There were also some government supporters in the crowd. We know they were among those who jeered. We will not blame the FSP.” Those remarks appear contradictory. The SJB leader has in a tweet accused the FSP of even trying to have him assaulted. Now, here is the General Secretary saying that the FSP is not involved.

True that mass protests early this year forced the then President Gotabaya Rajapaksa out of office. The question now is whether any of the groups opposed to the government can conduct a major rally like in the past. There is clearly a reluctance on the part of the public who fear reprisals and even a stint of detention under the Prevention of Terrorism Act. To that extent, the government has gained the upper hand and emboldened itself to move ahead with more unpleasant measures on the economic front including the proposed raise in personal taxes.

The budget due on November 14, there is no gainsaying, will see the introduction of income-generating proposals. Ironic enough, it is just a case of forcing the people to pay more for the mismanagement of the economy by ex-President Gotabaya Rajapaksa. As repeatedly pointed out, no probe on those responsible has been launched. Neither have those responsible for the worst economic crisis been dealt with after a probe. Instead, the government has been adding many other new ventures to the basket of things it wants to carry out. That includes an ambitious new ethnic reconciliation project. On the other hand, there are many areas where there is a desperate need for action. One is the law-and-order situation with murders becoming a common occurrence.