Columns

• Tamil National Alliance makes strong demands, but Ranil seeks solution lesser than the federal system
• Cabinet to be expanded after Budget vote, Govt. continues moves to rope in senior SJB members
• SJB works out its own anti-corruption efforts, but Govt. also submits strongly worded bill to AG

By Our Political Editor

President Ranil Wickremesinghe will focus on at least two priority areas after the final vote on the Budget 2023 in Parliament on Thursday (December 8).

One is the long overdue formulation of proposals for ethnic reconciliation. The other is an expansion of the Cabinet of Ministers, a task which is being put on hold until the budget debate is over. For reconciliation, although Parliament is to meet, the modalities are still not clear. The process, however, began with an extension of the weekly ministerial meeting on Mondays where a committee discussed related issues.

It has been agreed in principle that one of the pivotal elements will be the establishment of a Truth and Reconciliation Commission (TRC), originally proposed in 2018 when Wickremesinghe was the prime minister in the Yahapalana government. At that time, he observed that “the three-decade-long conflict and other incidents have had a detrimental impact on Sri Lanka’s economy including loss of investor confidence. It has also resulted in disturbing proportions of ‘brain drain’ from the country. A substantial number of Sri Lanka’s youth as well as professionals had migrated overseas, over the years, in search of better prospects. They continue to do so at present because they were unsure of sustainable peace and stability in the country that would attract the nature of foreign direct investment required for economic and employment opportunities.”

Interesting enough, the lapse of four years, has seen the completion of a full cycle. The outbreak of COVID-19 worldwide saw a limited ‘brain drain’ in the reverse. A substantial number of Sri Lankans returned to start a new life. However, as President Wickremesinghe pointed out, there is now a substantial outflow. That naturally raises the question of how much could be reversed in the light of the continuing economic crisis though a resolution of the ethnic conflict remains a critical question. Nevertheless, it is a matter of priority.

Though the TRC is modelled on the lines of the one in South Africa, the lines on which it will be structured in Sri Lanka are yet to be determined. A matter of controversy arises over demands by some sections for punitive provisions to deal with those who may be found guilty after a probe as reported earlier. The government is encouraging one without such a provision since it could lead to accusations against most military officers who are still serving. This could cover even those who are retired but are also now holding key positions. It could entail a time-consuming debate when modalities for dialogue are discussed. Thus, the question remains whether the government’s deadline – February 4, 2023 – to finalise a deal could materialise.

The Tamil National Alliance (TNA) frontliner, Abraham Sumanthiran, told the Sunday Times: “The talks on reconciliation will take place in Colombo on December 11. We will not have any conditions for the talks. However, we have submitted proposals regarding issues such as acquisition of private lands by the state as well as the military in the Northern and Eastern provinces. We have also proposed changes to the Constitution to achieve maximum devolution of powers. We are also proposing a settlement of self-determination under a federal system and the conduct of the early Provincial council elections.”

He, however, did not elaborate.

Selvam Adaikalanathan, also from the TNA, said: “The TNA members are due to meet soon after the budget debate is concluded on December 8 to prepare for the meeting on reconciliation on December 11. The TNA already had the first round of talks last week and several proposals were discussed.” It is relevant to note that most Tamil political parties (including partners of the TNA) which met at the Colombo residence of TNA leader Rajavarothayam Sampanthan insisted that they should demand a federal system to solve the ethnic issue.

Archbishop Desmond Tutu, South Africa's anti-aparthied campaign leader, together with other commissioners at the first sitting of the Truth and Reconciliation Commission

Cabinet expansion

The expansion of the Cabinet of Ministers had been put on hold until formalities related to the budget are completed.  Whilst only some of the ministers who held portfolios earlier are tipped to take positions, efforts are still being made to rope in backers of the main opposition Samagi Jana Balavegaya (SJB). However, one prospective member, who was strongly tipped to be a minister, came under strong objection from Sri Lanka Podujana Peramuna (SLPP) top rungers. The move has been dropped.

The expansion of the Cabinet of Ministers comes as the government is determined not to conduct Local Council elections until recommendations for carving out new wards are concluded by a new Commission. It is headed by the Election Commission’s former chairman Mahinda Deshapriya. The SLPP’s ideologue and main strategist, who had earlier taken an aggressive stand that his party should push for local polls, has now backtracked on the move. Instead, a source close to him said, he will embark on ‘reorganisation’ and ‘strengthening of the party.’

This is whilst an expanded Cabinet of Ministers gives priority to economic recovery through various measures. At a top-level conference in Colombo this week, it became clear that the International Monetary Fund (IMF) will not decide on Sri Lanka at its December meeting on the Extended Fund Facility (EFF). Some officials have argued that approval will come in January next year. However, at the conference this week, instead, the subject of discussion was on different scenarios under which the funds could be given. This has created an element of serious uncertainty as to when the initial tranches from the US$ 2.9 million Extended Fund Facility would be released. This is contrary to remarks made both by politicians and officials that the money was just round the corner.  Another noteworthy feature of the planned event to formulate an ethnic reconciliation package is the absence of Tamil diaspora groups. This is besides how other political parties in the opposition, particularly the Samagi Jana Balavegaya (SJB) would respond to the proposals. They are taking part in the discussions.

Two Anti-corruption bills

The ongoing budget debate, particularly during the Committee stage, has seen the emergence of several issues. An important issue has been the proliferation of bribery and corruption. The SJB seized the opportunity this week to hand in its own draft laws, much the same way it did with an amendment to the constitution several weeks earlier. The latter, however, failed since the government successfully moved the 22nd Amendment and that has become part of the constitution.

“We moved a draft anti-corruption law as the government is delaying legislation towards this,” SJB General Secretary, Ranjith Madduma Bandara, said yesterday. He charged that the government leaders “do not appear to be interested in curbing the malaise.” He said the draft was handed over to Parliament’s Secretary General Dhammika Dissanayake last Wednesday. However, he was still not able to make available a copy though the SJB General Secretary has been waxing eloquent on his party’s move at different fora.

“When the government is delaying the bill to address corruption, the SJB as the opposition formulated a draft bill with the support of lawyers. My submission to Parliament was as the General Secretary. The draft bill focuses on closing the loopholes in existing anti-corruption laws; it also focuses on ways of transferring back to the country assets illegally obtained by persons and stacked abroad. We have made draft provisions for stricter controls,” Ranjith Madduma Bandara said. He said there was a strong need for anti-corruption laws since there were several sectors in the government that were corrupt. One such area was the conduct of tenders where procedures were violated due to corrupt activity. Another sector, he said, was the highways sector.

He added: “We believe that the government’s involvement in reducing corruption is inadequate. Both the Criminal Investigation Department (CID) and the Financial Crime Investigation Department have more than 100 files of corruption and bribery cases, but no action has been taken. We have learnt that action has not been taken as there were technical issues in those cases. The action taken by the bribery commission too is not adequate; it has not acted on major cases. The bill will focus on these matters and would address these issues.”

The SJB General Secretary also said the draft legislation the SJB has proposed should be followed by the conduct of local council elections — a demand made even by a section of the SLPP. However, the call for such polls is now receding. Though the return to Sri Lanka of SLPP ideologue and strategist Basil Rajapaksa was to see the launch of a campaign calling for local council elections, the group backing him, is now less enthusiastic. Instead, they now say that Basil Rajapaksa will focus first on strengthening the party. That will give time for a team led by former Polls Chie Mahinda Deshapriya to complete the delimitation of new wards for local councils. President Ranil Wickremesinghe has also made clear he prefers halving the present number of local councillors from some 8,000. It was the brainchild of Basil Rajapaksa to increase such numbers and place comfortable limitations on tenders they could award for development work in their areas.

Justice Minister Wijeyadasa Rajapakshe who was away in Mexico attending a UNESCO seminar has now returned.  State Minister Anuruddha Jayaratne dismissed claims that the anti-corruption laws were being delayed by the government. He said parliamentarians have been consulted and the draft bill is now before the Attorney General. “We will see what they must see. However, I can say quite categorically that the government will introduce its own draft bill. If necessary, will look at the opposition draft as well. The Bill is by no means delayed.“

• Here are selected highlights from the 118-page draft Anti-Corruption Act of the government now with the Attorney General.
• Like the existing one, the proposed Commission will also be named Commission to Investigate Allegations of Bribery or Corruption. Three members from the fields of law, forensic auditing, forensic accounting, engineering, international relations and diplomatic services, management of public affairs, or public administration will be appointed by the President on the recommendation of the Constitutional Council.
• To introduce Codes of Conduct which shall be adhered to by Private Sector entities to develop proper conduct of business for the promotion of good commercial practices.
• Take measures to prevent corruption in the contractual relations between the Government and private sector entities.
• The Commission may commence the conduct of a preliminary inquiry (a) upon receipt of any information, (b) upon receipt of a complaint, (c) ex mero moto (on its own accord) by the Commission; or (d) based on any other material received by the Commission.
• An authorised officer of the Commission may apply in writing to the High Court for warrant authorising the covert monitoring of any conduct and recording of any communication if such officer has reasonable grounds to suspect or believe that a person has committed, is committing or is about to commit an offence under this Act.
• The Commission shall have the power to provide legal representation to any whistleblower or witness during an investigation, including inquiries at a Magistrate’s Court, without prejudice to such investigations and at a trial in the High Court into an alleged offence committed against such whistleblower or witness.
• To compel all public officials to make periodic declarations of their assets and liabilities within and outside Sri Lanka, provide for a centralised electronic system for submission of such declaration, provide for reference to be made to such declarations by appropriate authorities and for investigations to be conducted upon the receipt of any information, prevent illicit enrichment and conflicts of interest arising in the discharge of public functions or official activities, through public scrutiny and provide for matters connected therewith or incidental thereto.
• The provisions of this part (above) shall apply to every person belonging to one of the following classes or descriptions: the President, the Prime Minister, Members of Parliament, Governors of Provinces, members of Provincial Councils and staff officers of the Provincial Public Service and elected members and staff officers of local authorities, judges and public officers appointed by the President and a variety of other positions. Also included are proprietors, editors, and members of the editorial staff of newspapers in respect of which declarations have been made under Section 2 of the Newspaper Ordinance.
• The Attorney General, the Commission, the Commissioner General of Inland Revenue, the head of the department of Exchange Control, Inspector General of Police, Designated officers of special units, Director General of Customs and designated officers of finance, intelligence units, shall have the right to call for and refer to any declaration of assets and liabilities with the sanction of the central authority.
• A Member of Parliament who solicits or accepts any gratification as an inducement or a reward for – (a) Interviewing a public official on behalf of any person; or (b) appearing on behalf of any person before a public official exercising judicial or quasi-judicial functions, commits an offence or bribery under this Act and on conviction be liable to a fine not exceeding one million rupees and for a term of rigorous imprisonment not exceeding seven years: provided however that it shall not be an offence under the preceding provisions of this section for a Member of Parliament to appear as an attorney-at-law before a court or before a statutory tribunal of which a public official is not a member.

The Committee stage of the budget also saw a onetime minister and parliamentarian Mahindananda Aluthgamage, a confidante of ex-President Gotabaya Rajapaksa during the last stages of his presidency, make a speech on some of the events that took place at that time. Even if he was cryptic in referring to some of the events, the issues he has raised were talking points then and therefore raise the question whether he was coaxed into saying what he did. First to what he said:

“Everyone in the world talked about our heroic military. They were able to defeat a deadly terrorist organisation which had its own Navy, Air force and an army. A handful of them, however, were unable to protect the Janadipathi Mandiraya (President’s House). An official Committee has gone into the matter and made known its finding in a report handed over to the former President before he quit office.

“There are accusations that two different groups were unable to ensure protection. Therefore, allegations came to light and a probe team went into the matter. The report has been received but the findings have not been revealed. The day when that report is revealed, the ones who are responsible will be revealed. It is not good if I reveal it before the report is revealed.

“I recall the May 09 incident where the Temple Trees and the protestors were attacked. I will never approve that. When the groups were going to attack them, I was among one of the persons who were at the residence of ex-President Gotabaya Rajapaksa.”

“We failed to protect the house of the Commander in Chief of the country. We would even fail to protect your house as well, Mr Speaker if it came to a situation where they were going to destroy this honourable house (Parliament). Therefore, if there are any persons who disgraced the heroic institutions, action should be taken against them. The actions should be implemented as well.

“Definitely a parliamentary select committee should be appointed. If we tried to attack the protestors, there would have been problems. Legal action was taken against them. However the situation which followed that was grim: the torching of houses of Parliament members, ministers, and Pradeshiya Sabaha chairmen. One of our fellow MPs was brutally murdered. He was dragged to the street and murdered inhumanly. We had no control over that situation. I was there. As Commander in Chief, President Gotabaya Rajapaksa called the heads of the defence forces and gave them orders. I was there along with Kanchana Wijesekara, Ramesh Pathirana and Keheliya Rambukwella.

“He said they should not harm the Galle Face Green protestors. He said do anything but do not harm Galle Face protestors. In the evening when houses were attacked, he told the forces to provide army protection to those houses.  I recall the president taking many calls to officials. He even got up from his chair and told that his throat is hurting after shouting at officials.

“He (Gotabaya Rajapaksa) over six hours tried to stop the crisis. There were some officials who did not even give notice to an order given by him as the Commander in Chief of the country. I must tell this even though it greatly saddens me.

“Live television coverage showed how Minster Kehiliya Rambukwella’s house was burned. I will not repeat here the emotional words spoken by Minister Kanchana Wijesekara when he went near the stairs to his house. His father and mother were the only persons there. After listening to his emotional words, I went up to the president and said we should not live if we cannot control this situation. He tried to control the situation from 12 pm that day, yet until he called the National Security Council meeting the next day those orders were not implemented.

That day they tried to attack parliament. When parliament was going to be attacked, a powerful person who was there discussed with some of the heads of defence forces to share Presidential and Prime Ministrial positions. Information has been received on all of this. Therefore, we are sad that those responsible failed to protect the President’s House. The persons on the other side might be happy over it.

“We know that this was not a mistake which happened due to petty persons. It was a result of a conspiracy of one or two persons. There are over 200,000 persons in three forces and the police, but they failed to provide security to the prsident’s residence in Mirihana too.”

In another development, Foreign Minister Ali Sabry, who ended a three-day official visit to the United States has told US Secretary of State, Anthony Blinken, “I must take this opportunity to also thank you and the Treasury for playing a leading role in allowing us and facilitating us to approach the IMF, re-structure our debt and to go to the board sooner than later to get our “EFF” as soon as possible.” This was included in a State Department readout of the meeting Sabry had with Blinken.

The most important among the issues next week would, no doubt, be the meeting to evolve an ethnic reconciliation programme. The question is whether the government will be able to convince the Tamil parties to opt for a lesser option than a federal system and whether they would accept it.