Columns

• This week crucial, as nomination day draws closer and many candidates pay deposits
• Talks between govt. and Tamil parties on the brink of breakdown; five demands put forward by TNA
• Canada deals blow to Sri Lanka, sanctions imposed on two former presidents besides two military officers; Mahinda says no evidence against him

By Our Political Editor

It was a multitude of political developments this week and what they portend in the days and weeks to come will keep Sri Lankans in suspense.

Among them:

• The Election Commission is steadfast in its resolve to conduct local council elections. As it steps up preparations, its Chairman Nimal Punchihewa says, “There are certain obstacles, but we are not worried.”
• Talks between Tamil political parties and the government to evolve an ethnic reconciliation package are on the brink of collapse over resolving preliminary issues. The government has placed itself a deadline of January 17, Tuesday, to respond to initial demands.
• Canada sanctions two former Presidents – Mahinda and Gotabaya Rajapaksa in addition to two military officers.
• No major Cabinet reshuffle — only two more ministers to be added
• 75th Independence Day observances on a high note.

Local council elections

“A date for the local council elections will be announced days after the nominations close at noon on January 21,” Election Commission Chairman Nimal Punchihewa told the Sunday Times. “Though there was no direct pressure, we are facing certain obstacles. However, we are not worried. Arrangements will go ahead in accordance with the law,” he added.

Two new issues have already hit the Commission. One is the intimation that the Attorney General will not appear for the Commission when the Supreme Court hears the petitions from two different groups of opposition politicians. They are seeking an order for the conduct of the elections. The Commission has already been advised to obtain counsel from the private bar. It has already conveyed in writing to the SC its position that arrangements were being made for the conduct of the elections.

The other, more serious in nature, is the circular sent out by Public Administration Ministry Secretary Neel Hapuhinne to Government Agents, who function as Returning Officers, directing them that they should not accept deposits. Heeding such a move would paralyze elections since the Returning Officers form the main pivot in every district. However, Hapuhinne had later withdrawn the circular. Copies of them had reached Samagi Jana Balavegaya (SJB) leader Sajith Premadasa and National Peoples Power (NPP) leader Anura Kumara Dissanayake. Both voiced strong protests over the move and charged it was unprecedented. The Election Commission summoned Hapuhinne on Friday and warned that his circular — later withdrawn — was an interference in the electoral process and therefore illegal. Commission members told him that it was they alone who were entitled under election laws to give directives to the Returning Officers. Hapuhinne extended an apology. This, notwithstanding, those who are opposed to the poll charged that the Commission had no right to summon the Secretary to the Ministry of Public Administration.

Election Commission Chairman Nimal Punchihewa: it is the responsibility of the Commission to conduct the elections. Pic by Indika Handuwala

The circular from the Public Administration Ministry had its origin at the weekly cabinet meeting last Monday. There had been a discussion after the matter was originally raised by Prime Minister Dinesh Gunawardena. It fell on President Ranil Wickremesinghe to explain that the financial commitments for the conduct of an election were far too high at a time when the country was undergoing an economic crisis. He had earlier declared publicly that there was no mandate for him to conduct local elections. It was for the express purpose of the resuscitation of the economy that he had undertaken the office of President. When the discussion had ended, Cabinet Secretary Donald Fernando had written to the Public Administration Ministry Secretary, asking him to give effect to the views expressed at the cabinet meeting.

Other than most issues that seem paradoxical, at least one stood out to be reasonable if one were to save heavy expenditure incurred on the conduct of the local council system. That is by implementing the recommendations of the Delimitation Committee (not Commission as erroneously reported earlier). President Wickremesinghe was of the view that the existing number of more than 8,000 local council members be pruned down by half. The Committee recommended that the number be brought down to 5,094 but the recommendations are yet to be given legal effect. As this remains an issue, though belated, Parliament could seek a delay in holding local council elections.

President Wickremesinghe has made clear that he is opposed to the conduct of the local council elections. In his most recent remarks, he noted that he had no mandate for such a purpose. His primary task was to resuscitate the economy on a priority basis. This notwithstanding, there is also a paradoxical situation in this regard. President Wickremesinghe is the leader of the United National Party (UNP) though he leads an SLPP (Sri Lanka Podujana Peramuna) government. His party stalwarts are locked in discussion with SLPP counterparts to formulate an electoral arrangement of sorts where they could contest some councils with the other side fielding no candidates.

Interesting enough, the metamorphosis for that co-existence is a two-year-old evolution which could not have been even dreamt of before. At the November 2019 presidential election, Gotabaya Rajapaksa defeated his main rival the SJB’s leader  Sajith Premadasa, by winning 6.9 million votes, a remarkable victory. Making it even more ecstatic was the formation of the SLPP with ideological guidance from strategist Basil Rajapaksa, who was later removed from his Finance Minister portfolio by brother Gotabaya. With such an overwhelming majority, he mismanaged governance and made Sri Lanka bankrupt. Whom should he choose to succeed him as President? It was his rival, Ranil Wickremesinghe.

This week ex-President Gotabaya Rajapaksa won government approval to appoint a close relative to his personal staff. He will receive state pay. He also wants to shift residence from his Malalasekera Mawatha government bungalow which has a frontage to Bauddhaloka Mawatha (Bullers Road) on the grounds that the place is too noisy. He is likely to move into the Stanmore Crescene bungalow now occupied by former President Mahinda Rajapaksa. The latter will return to his original bungalow at Wijerama Mawatha (near the British High Commission) which was undergoing extensive repairs.

And now, within the SLPP opinion is divided over whether there should be local council elections. The latest to add his voice against the move is controversial minister Prasanna Ranatunga, a confidant of Basil Rajapaksa.  Earlier, Agriculture Minister Mahinda Amaraweera complained that the conduct of the polls would mean there would be no money to buy paddy under the Guaranteed Price Scheme (GPS). However, the EC Chairman Punchihewa is emphatic that large sums of money would not be needed for the conduct of the elections. “Payments will be due only after the elections are over. This is to pay for different goods and services,” he said. Just last week (Political Commentary – January 8), SLPP leader Mahinda Rajapaksa, declared in an interview with the Sunday Times that the elections should be held to know the views of the people since there had been new policies too. “It is only then we will learn the mistakes we have made and correct them,” he pointed out.

EC Chairman Punchihewa in a Q & A to the Sunday Times explained his institution’s position vis-à-vis the local council elections. Here are edited excerpts:

CONDUCT OF LOCAL COUNCIL ELECTIONS: The Local Government poll is one of the main public elections. They are in respect of Municipal, Urban Councils, and Pradeshiya Sabhas. Local councils handle the very basic needs of the people. Their term is four years. The last elections were held on February 10, 2018. There is a provision in the Act that the Minister could either reduce or increase the term of the councils by a maximum of one year.  Though the elections were held in February 2018, the councils were established on March 20, 2018. The term ended on March 20, 2022. Thereafter, the Minister under powers vested in him extended the term by one year. The extended term ends on March 19, 2023, The Minister now does not hold the power to extend the terms of the councils.

The EC has the responsibility of conducting elections. The responsibility falls on the Elections Commission six months before to the term lapses.

Accordingly, the Commission had the power to call for Local Government elections after September 20, last year. We had a few matters to consider. The voters register needed to be certified and the date for that was October 31. After we call for elections, it is the voters register certified by the Commission which is valid. If we had called for elections after September 30, the valid voters register would have been the 2021 register. This would have meant 400,000 to 500,000 voters would have been deprived of their vote. Also last year there was an amendment which enabled people to vote after reaching the age of 18.

For about 60 years the practice was that a voter would have to wait until he is 19, 20 or 21 to cast his or her vote. For instance, at the November 2019 Presidential elections, it was the 2018 voters register certified on July 1, 2018, that was used.  Persons who reached the age of 18 between July 2018 and November 2019 could not vote. They numbered around 250,000.  The Amendment introduced enables us to make additional lists of voters who reach 18. We make three such lists – one from February 1 to May 31, the second list from June 1 to September 30, and the third list from October 1 to January 31. This list enables more youth to vote. Therefore, the main register was certified on October 31. The first additional list covering the February 1 to May 31 period was to be certified on November 15.  The second additional list covering the June 1 to September 30 period was to be certified by end of November.

We need to make the list and issue a gazette. We then must call for objections and need to have inquiries and verify them. Only after that, can we certify. It was in November that we were able to certify the list compiled by the end of September. Therefore, by the end of November, we were able to complete all three registries – the main registry and two additional registries.  If we did not follow that process, about 250,000 youth voters would have been left out. If we deprived the youth voters of that opportunity, we would have been blamed for that.

After completing the voters registers, we need to prepare the voters list according to the wards to be made use of in the Local Government elections. We took time for this process until December, and we made an announcement that nominations will be called for. The Commission, therefore, decided that an announcement for nominations would be called before January 5.

ELECTION COSTS: With the economic situation and issues about the high cost of  buying medicines, we have estimated that the elections will cost Rs 10 billion. There is one opinion on whether it was advisable to spend such an amount of money during this period. Another opinion is that the public mandate is now divided and that the current situation is due to the failure to elect the correct representatives.  There was the view that at least at the local council level an opportunity should be given to elect the right representatives.

Whatever the opinion is, it is the responsibility of the Commission to conduct the elections whether we like it or not. The government tells us to hold elections, or the opposition says not to hold elections, we cannot do that. We have called for elections. The Government Agents have been given the task to act as Returning Officers. The Returning Officers are those who call for nominations and accept them. Accordingly, on January 4 the announcement was made. The nomination period has been declared from January 18 to January 21st  noon. So, it is the election period now.

DIFFERING VIEWS: There were different views, even within the Commission. But we came to a unanimous agreement that the elections should be held. It is with that agreement that the Gazette was issued. Many prospective candidates have already paid their deposits. We do not have the authority to stop the elections. The elections can be stopped only by courts or Parliament. After nominations are received there are provisions where the elections can be delayed under certain circumstances. That could be challenged in courts.

A Delimitation Committee was appointed a few months back.  If the Delimitation Committee issues a Gazette, the elections should be called keeping with the boundaries of the Delimitation Committee gazette. There were various statements to the effect that we cannot go ahead with the elections for this reason. We pointed out that it will not affect the process and the problem will arise only after Gazette is issued. So far, no gazette has been issued and, therefore, we do not have a problem. The Committee Chairman himself has said that their process will not affect the elections.

According to the Constitution, it is the Elections Commission that is vested with the powers. It is the Commission that appoints the Returning officers. Once the Returning Officer is tasked with the elections the officer is responsible to the Elections Commission. Orders related to the elections should be taken only from the Elections Commission and nobody else has the authority to give orders. If an order is given not to accept deposits, that is an illegal act. Even the Cabinet decision taken in this regard, too, has no legal validity.

DATE OF LOCAL COUNCIL ELECTIONS:  The election date will be announced two to three days after nominations are called while taking into consideration the nominations received.  However, we have a deadline because the Councils need to be formed by March 19.

ON COMMISSION MEMBERS MEETING PRESIDENT WICKREMESINGHE:  The president did not directly tell us but told us the difficulties in having the elections immediately. It was implied that it was not the right time for elections.

SLPP BREAKAWAY GROUPS FORM ALLIANCE: Twelve political parties and groups on Wednesday formed a new alliance known as the Nidhas Janatha Sandanayaa (Freedom People’s Alliance). Seven of the key parties including the Sri Lanka Freedom Party signed the agreement to launch the Alliance at the SLFP Headquarters at Darley road, Colombo 10.

The agreement was signed by SLFP General secretary Dayasiri Jayasekara, Nidhas Janatha Peramuna leader Nalaka Godahewa, Sri Lanka Mahajana Party General Secretary Asanka Nawaratne, Uttara Lanka Sabhagaya General Secretary J. Weerasinghe, Nidahas Janatha Sabhawa Convener G.L. Peiris, Jana Jaya Peramuna General Secretary Anura Priyadharshana Yapa, and Nidhas Janatha Sandanaya General Secretary Thilanga Sumathipala. The Alliance plans to field candidates for the Local Government polls under the helicopter symbol.

Tamil parties and government talks

Of the three days assigned, Tamil political parties held a meeting with President Wickremesinghe, only last Monday. Talks on Tuesday and Wednesday were put off after Tamil National Alliance spokesperson Abraham Sumanthiran handed in a document listing five demands. These demands were formulated last Monday at a meeting at the residence of TNA leader Rajavarothayam Sampanthan. The title of the documentation said, “Implementation of the provisions relating to power sharing already in existence.” The five demands are:

Appoint the National Land Commission and formulate a comprehensive land policy.

Set up a Provincial Police Force as envisaged in the Constitution.

• Effect necessary amendments to (a) Provincial Councils Act, (b) Provincial Councils (Consequential Provisions) Act and (c) Transfer of Powers (Divisional Secretaries) Act (drafts attached).
• Reverse all the Central enactments (from the National Transport Commission Act, Agrarian Services Act, to Divineguma Act) that took away powers given to the Provincial Councils back to the Centre.
• Abolish the concept of National Schools and revert all schools and hospitals that now come under the central administration to the provinces.

Monday’s discussion was also attended by Justice and Constitutional Affairs Minister Wijeyadasa Rajapakshe, Fisheries Minister Douglas Devananda and Foreign Minister Ali Sabry.

This is whilst the Tamil Nadu State Government celebrated “Tamil Diaspora Day” over two days on January 11 AND 12. Invitees from various countries attended the event. The last day was chaired by Tamil Nadu Chief Minister M K Stalin. State Minister Aravind Kumar, Senthil Thondaman and Mano Ganeshan and were present. A delegation from the London-based Global Tamil Forum (GTF) was also taking part besides other groups from Canada.

The copy of the five-demand document was delivered to President Wickremesinghe a day ahead of the meeting. There were heated arguments within the Tamil groups over allegations that the contents had been leaked by Selvam Adaikalanathan but the TELO member strongly denied he had done so. President Wickremesinghe conveyed to the Tamil political parties that Minister Rajapakshe would respond to the Tamil parties on Tuesday. He had also explained that he planned to discuss land issues when he met top military leaders in Jaffna. He is visiting Jaffna for the first time since becoming President.  There was also a heated exchange with Sumanthiran when the discussion centered on the release of political prisoners. Rajapakshe read out a list of persons in custody and their offences. This prompted Sumanthiran to remark that there was one who was seated next to him, too. An angry minister Douglas Devananda shot back loudly that he had no such involvement, and the accusations were mischievous. A lesser known fact that came to light was how Adaikalanathan was on bail for a long period of time after allegedly shooting a police constable. He admitted to the bail but denied he was involved.

Canada sanctions

Canadian Prime Minister, Justin Trudeau, dealt a double blow to Sri Lanka this week.

He not only issued a signed message on the Prime Minister’s letterhead (photograph included) for what he called “the month of January” which “marks Tamil Heritage Month in Canada.” His government also imposed sanctions on ex-Presidents Mahinda Rajapaksa, Gotabaya Rajapaksa and on Staff Sergeant Sunil Ratnayake and Lt. Commander Chandana Prasad Hettiaratchchi who was also known by his nom de guerre “Navy Sampath.”

The two military officers have already been sanctioned by the United States. Staff Sgt. Ratnayake is accused of allegedly killing civilians in Muhamalai during the separatist war. Lt. Cmdr. Hettiaratchchi is accused of being involved in the alleged killing of 11 students in Trincomalee.

Originally, the sanctions were to be imposed only on the two military officers. The Sunday Times revealed on its front pages on October 9 last year, (three days after the UN Human Rights Council adopted an amended resolution on Sri Lanka) that three Sri Lankan military officers would face sanctions. The report also said that European Union member countries would follow suit.

According to diplomatic sources, the inclusion of the names of the two former Presidents came at the insistence of the Canadian Prime Minister’s office. It had opined that not only those involved, but those who gave leadership at the time should be included, said the sources.

Former President Rajapaksa, however, expressed strong reservations at the way he had been referred to. “Even locally, no evidence has been brought forth against him nor has any judicial body levelled any charges, leave alone being found guilty,” he told a close confidant. He did not hide his feelings that both the Sri Lanka High Commission in Ottawa and the Foreign Ministry in Colombo had not functioned effectively despite indications that such a move was in the offing.

In Canada, Sri Lanka’s High Commissioner Harsha Navaratne told the media that the sanctions were the result of the work of the Tamil diaspora in that country. He has obviously not followed the sequence of events at the UN Human Rights Council whose initiatives led to this situation. Late last year, he accompanied diaspora groups in Canada to Colombo where investment opportunities were discussed. He also obtained for them a Tamil television interview with Foreign Minister Ali Sabry.

In a separate but related incident, United States President Joe Biden signed into law the historic “Justice for Victims of War Crimes Act” giving the Department of Justice jurisdiction to prosecute persons present in the United States for war crimes committed anywhere, regardless of the nationality of alleged perpetrators or victim. This was said in a tweet from Ambassador Beth Van Schaack, envoy for Global Criminal Justice of the US.

No major cabinet reshuffle

There will be no major cabinet reshuffle as planned earlier. Instead, President Wickremesinghe, government sources said, would make two additions. This is by accommodating a member of parliament from the plantation sector and appointing a female parliamentarian. It is expected to take place after the Independence Day events are concluded. Provincial Governors are also to be changed.

75th Independence Day observances

The government has extended invitations to Foreign Ministers to take part in the events connected with the 75th anniversary of independence. So far, the Foreign Ministers of Bangladesh and Maldives have confirmed their participation. Also taking part will be Patricia Scotland, Secretary General of the Commonwealth. On February 3 there will be a cultural show at Independence Square. On February 19 there will be a Raja Perahera. The next day (February 20), there will be a Cabinet meeting in Kandy.

Arriving in Colombo this week is a delegation from the Chinese Communist Party. As they leave, Indian External Affairs Minister, Subramaniam Jayashankar, will arrive in Colombo.

For the current week, the public attention will largely be on the local council elections. Whilst a section of the government is not in favour, the Election Commission is going ahead with the preparations. The opposition parties are in favour of its move. The next few days will show how the events will play out and who will come out stronger.