Columns

• Policy statement to be made on February 8, more military-occupied land to be given back to the people
• Uncertainty still about local council polls to discern the views of the people
• NPP leader meets business leaders and spells out vision for the country

At the All Party conference: Mahinda Rajapaksa, Dinesh Gunawardena, Ranil Wickremesinghe, Mahinda Abeywardena and Maithripala Sirisena

By Our Political Editor

President Ranil Wickremesinghe reiterated on Thursday that he would fully implement the 13th Amendment to the Constitution — a provision to devolve power.  He will make a pledge ‘to the nation’ when he makes a policy statement in Parliament on February 8. He told sections of leaders of political parties represented in Parliament at a meeting on Thursday that it was his responsibility to do so as President.

Significantly, it comes 36 years after the amendment was enacted in 1987. The 13th Amendment provided for Tamil as one of Sri Lanka’s official languages and enabled the setting up of Provincial Councils with substantial authority. Other features included the setting up of a provincial police force and a provincial land commission.

The meeting also heard dissenting views which President Wickremesinghe dismissed outright. Sri Lanka Podujana Peramuna parliamentarian Sarath Weerasekera said it was not the right way to go. He claimed such a move would create divisions among ethnic groups. Retorted the President: “Don’t teach me my rights. I have all the rights as Executive President.  Why can’t I implement what the Parliament has passed and remains in the statute.”

Asked why he objected, Weerasekera charged that “the 13 Amendment was not sought by Sri Lankans. It was imposed on us by India to serve its own geopolitical interests.”

Parliamentarian Gevindu Kumaratunga was to note that President Wickremesinghe was only serving the remaining two years of his predecessor Gotabaya Rajapaksa.  He argued that Wickremesinghe did not receive a mandate for the implementation of all provisions of the 13th Amendment. Parliamentarians A.L.M. Athaullah and Venerable Athureliye Rathana Thera also expressed views against the implementation of all provisions of 13A.

A notable feature of the meeting was the silence of the SLPP leader Mahinda Rajapaksa. The politician, who has been twice President and Prime Minister, remained silent throughout the session. In marked contrast, his successor as President, Maithripala Sirisena, gave a lengthy discourse on devolution of power which, he said, he supported. Tamil National Alliance (TNA) spokesperson Abraham Sumanthiran was to complain that the ongoing dialogue with President Wickremesinghe so far had produced no results. Even the 108 acres of land President Wickremesinghe promised to release to the original owners from military occupation had not yet been done, he said.

It was on January 19 that the Ministry of Defence was asked by the Presidential Secretariat to expedite the release of 80 acres of Army-occupied and 30 acres of Navy-occupied land in Valikamam North District Secretary’s Division in the Jaffna peninsula. A follow-up discussion was arranged with the Additional Government Agent (Land) and Divisional Secretary (Tellipalai) on January 23 in the Jaffna District Secretariat, and they identified five plots in the Army camp and one plot in the Navy camp area for release and handover to the original owners.

On January 23, Government Agent/District Secretary and other senior officials met Jaffna’s Security Forces Commander and top officials. It was agreed that 80 acres would be handed over to the Divisional Secretary through the Government Agent on February 3. In the area referred to, there is a Town Hall building that will be handed over to the Valikamam North Pradeshiya Sabha. About 75 inhabitants in nine IDP (Internally Displaced Personnel) camps will receive 13 acres.

A meeting was also held between officials and Navy top brass over the near 25-acres to be released. The Navy pointed out that two acres would be required for military purposes. Thus, an extent of 108,893 acres with 193 owners will receive the lands on February 3.

During a discussion on the release of political prisoners, it transpired that only three would be released on February 4. A move to release the convicted murderer of Thyagarajah Maheswaran has been dropped. This was after his wife Vijayakala objected. Maheswaran, a United National Party member and a vociferous critic of the Rajapaksas was shot dead inside a Hindu temple on January 1, 2008. The person convicted for the attempted murder of Field Marshal Sarath Fonseka will also not be released. Though Fonseka declared in Parliament he would like to see the assailant released, his signed consent has not been obtained. Fonseka’s backers said officials of the Attorney General’s Department had not consulted him.

Keeping away from Thursday’s meeting were the Samagi Jana Balavegaya (SJB), the Tamil Progressive Alliance (TPA) led by Mano Ganesan and the recently established Nidhahas Janatha Sandanaya.

A brief statement on Thursday by the President’s Media Division did cause considerable confusion. Commenting on the “All-Party Leaders Conference on Reconciliation,” it quoted President Wickremesinghe as saying, “that the cabinet was agreeable to fully implementing the 13th Amendment until the party leaders decide whether or not to abolish the amendment.” However, there was some clarity in a statement they issued on Friday evening. What it says explains the backdrop and gives context:

“President Ranil Wickremesinghe said that he is bound to implement the existing law in accordance with the executive powers of the President. He said further that the 13th Amendment to the Constitution is being implemented accordingly or Parliament should abolish the 13th amendment. (Note: Not the party leaders as suggested in the previous brief statement) President Wickremesinghe also pointed out that any parliamentarian could move a private member’s bill to abolish the 13th Amendment to the constitution and the same amendment would have to be implemented provided that the bill was voted against by most of the House.

“The President stressed that he was not ready to divide the country at all and would not betray the Sinhalese nation as well. President Wickremesinghe made these remarks at the All-Party Conference, which was held at the Presidential Secretariat yesterday (26).

“The statement made by the President is as follows. It is my responsibility as the Executive to carry out the current law. For approximately 37 years,

the 13th Amendment has been a part of the constitution. I must implement or someone must abolish it by way of a 22nd amendment to the constitution by moving a private member’s bill. If the bill was voted against by the majority in the House, then the 13th amendment would have to be implemented.

“We can’t remain in a middle position saying that either we don’t implement the 13th amendment or abolish it,” President Ranil Wickremesinghe said.

A section of the participants at the APC

“I’m acting in accordance with the decision delivered by the Supreme Court Bench regarding the 13th Amendment chief Justice Palinda (should read as Parinda) Ranasinghe’s ruling. If we stick to that, we might say that we are in a “united” state. I oppose a federal state but not devolution of power.

“The provincial Councils in Sri Lanka have no (sic) at least the powers that are vested in the London City Council. Hence, we can’t define this as a federal state.

The late President J. R. Jayewardene introduced many clauses along with the attorneys-at-law not to make Sri Lanka a federal State. So far, every President has decided to put this into action. So, either we ought to get rid of the 13th amendment or should implement it. A massive extension of land was under the government by the time the conflict came to an end in 2009 and thereafter most of those lands were released to the public under the reigns of former

Presidents Mahinda Rajapaksa and Maithripala Sirisena. The largest extension of lands in Jaffna was issued under the reign of former President Maithripala Sirisena. There is only a land extent of 3000 acres under the government as of now. The release of that land too should be entrusted to the security forces to be done without causing interruption to the security activities. We discuss the release of those lands with the Defence Secretary, the Chief of Defence Staff, and the Commanders of Tri Forces and acted upon their views.

“The Land Commission needs to be established immediately. The draft bill in that regard could be moved by March. The Constitution has it that nine representatives from each province should be included while 12 are appointed by the President. Then a national land policy should be formulated. Thereafter the National Land Policy could be put into action by the Land Commission.

“Thirty percent or more of the country is covered in forest. Here the lands have been allocated suddenly for forests in an unorganised manner. However, we have deforested up-country as well as the areas where the Mahaweli, Kelani and Kalu rivers commence.

“Somehow the forest cover should be increased. We should allow the Land Commission to decide on the extent of land required to enhance the forest cover in accordance with the government’s policy up to 30%. I am dedicated in that endeavour, too. If the establishment of the National Police Commission instead of a Provincial Police Commission is objected to, an amendment should be made. However, either should be done. The measures that would be taken in this regard would be presented to Parliament on February 08. And if there are any suggestions, they could be made so before February 4 so that they may be considered and submitted on February 8.

“Neither any of you here nor I am ready to divide our country. We are all Sinhalese who are seating (sic)  here. These individuals will not betray the Sinhalese. If there are Sinhalese, they should coexist with other ethnic groups such as Tamils, Muslims, and Burghers. I have no doubt that if we protect the notion in the line “Children of one mother” in our national anthem, we could go forward united.

“We shall work toward a consensus-based solution for the political and economic issues one step at a time. Let’s solve our political and economic issues step by step in a manner that could be accepted by all. Let’s act as we agreed earlier without being stuck in this problem. We neither betray nor divide the country and the country is united today.

“Ven. Athuraliye Rathana Thero, Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena Former Presidents Mahinda Rajapakse and Maithripala Sirisena, Wijeyadasa Rajapakshe, Pavithra Wanniarachchi, Douglas Devananda, Tissa Vitharana, Vajira Abeywardena, Rishad Bathiudeen, Kumara Welgama, Rajitha Senaratne, Duminda Dissanayake, Mahindanada Aluthgamage, M. A. Sumanthiran, Rauff Hakeem, C. V. Vigneswaran, Suren Raghavan, Sarath Weerasekara, Sivanesathurai Santhirakanthan, Sagara Kariyawasam, Tiran Alles, Gevindu Kumaratunga, A. L. M. Athaullah, Imran Maharoof and other representatives of parties represented in Parliament were present.”

Fate of local council elections

Thursday’s meeting came amidst increasing fears that the impending local council elections, despite nominations concluding on January 21, will not take place. In the government, influential sections do not want the polls and there are several measures being put in place to have them delayed. Whilst government leaders claim that lack of funds is the cause, opposition parties say it was because the ruling parties were frightened of defeat. This is in marked contrast to demands not only by the opposition but also by countries that wish Sri Lanka well. Indian External Affairs Minister Subrahmanyam Jaishankar, who was in Colombo last week, made clear India wanted to see the early conduct of Provincial Council elections.

Even the United States wants the government to continue with democratic processes. Victoria Nuland, Under Secretary of Political Affairs in the US Department of State, will arrive in Colombo on February 1 for a two-day visit. She is expected to call on President Wickremesinghe. The US advice, no doubt, would be significant, particularly considering the impending International Monetary Fund EFF (Extended Fund Facility). In recent months, the US has been reacting more positively to the SLPP government headed by President Wickremesinghe.  Under Secretary Nuland is visiting Nepal and India before coming over to Sri Lanka. En route to Washington DC on February 2, she will also stop over in Qatar for talks there. There has also been a significant development from the US concerning Sri Lanka. Ambassador Beth Van Schaack, head of Global Criminal Justice in the Department of State, was on a visit to Canada last week. She met Tamil diaspora groups and later tweeted : “Meaningful discussions today (January 26) with Canadian Tamil diaspora groups about ways to promote justice, accountability, and reconciliation in Sri Lanka. Respect for human rights is vital for stability and prosperity in Sri Lanka.”  Days earlier, the government of Prime Minister Justin Trudeau, imposed sanctions on two former presidents – Mahinda Rajapaksa and Gotabaya Rajapaksa. This was in addition to sanctions on two military officers. Sanctions on others are to follow from Western countries. This is the result of a secretariat in the UN Human Rights Council probing a multitude of human rights violations and even economic crimes that have adversely impacted human rights.

The deteriorating economy and the resultant impact on political parties are noteworthy. The Janatha Vimukthi Peramuna (JVP) \-led National People’s Power, whether rightly or otherwise, discerned that grassroots-level support for it was growing enhancing the prospects of electoral success. Such a development, the NPP believes, would give it an advantage ahead of even the main opposition SJB. Perhaps true to some extent though to what degree remains to be seen. Other than the statements the SJB leaders make in Parliament, there is hardly any other activity to take advantage of public discontent. There are no formal statements or public meetings to educate the people on the party’s approach to various issues they face. Ironic enough, senior party members have evolved their own publicity mechanisms to project themselves in the media. News conferences are rare.

Beth Van Schaack, US Ambassador at Large for Global Criminal Justice talks to the Tamil disaspora in Canada last week

NPP’s Galadari meeting

It is in this backdrop that the NPP had a crowded meeting at Hotel Galadari in what seemed an exercise to project a new image to the business community. The leading partner in the NPP, the JVP, could no longer be considered a poor party. Its coffers have grown to match any other political party in the country. NPP parliamentarian Harini Amerasuriya explained that the NPP is a coalition of 28 entities “for a progressive platform of like-minded ideas to find solutions affecting the people.”

NPP leader Anura Kumara Dissanayake noted that “you might have suspicions about us in some areas like our economic policies. You will need to learn what would happen to your businesses and economy. These are the areas where you have concerns and suspicions.”

He added, “We can see the collapse of the economy from many areas of the country. Inflation has affected people. We have become a country unable to pay our debt. People are losing their jobs. The collapse of the businesses too is indicative of the economic crisis.”

Other highlights of what Dissanayake said: “We are incapable of earning the dollars needed for the country. If we study 2021 statistics on imports and exports, there is a disparity of 8.1 billion dollars. The annual debt servicing is around 6.7 billion. Therefore, we have to annually spend 14.8 billion dollars additionally for the import of goods and repaying the debt. We are incapable of earning that. Therefore, we need to find ways to come out of this crisis.

“When it comes to resolving the economic crisis, many say that the government’s tax and import policies and its planning are wrong. But we think that even though the economic factors play a role in creating the crisis, the main factor of the issue (core of the issue) is the political culture of the country. The political culture is behind everything, from tax policies, projects of the government, obtaining of loans and even on deciding on foreign relations. If we are to develop this country, we need a base. We are giving you an assurance that we are changing this collapsed political culture. We cannot move forward without that base.

“We believe that our country needs a new constitution. The governance centralised on the executive presidency is not suited for our country. There is nothing flawed with the executive presidential system, but because that position is too heavy for our leaders. The leaders of the country are not mentally mature to handle such a powerful position.

“We will create the base by bringing a new constitution which would abolish the executive presidency. The country needs a constitution that would limit the number of ministers, restrict crossovers of members of parliament, strengthen the fundamental rights of people, and protect the rights of all ethnic groups and religious communities.

“We should turn the corrupt government into an anti-corrupt government. For the country to develop the Rule of law must prevail and the law has to be the same to the powerful and rich as well as weak and poor. Today we can say the court decisions when the name of the person who is involved in the case. The collapse of the judiciary would impact us whether we have a case or whether we need to appear in court. The existence of society relies on the rule of law. Therefore we have to use civilised ways to resolve our issues. We should trust legal institutes and resolve matters.

“The country’s state service is inefficient. It has become so because of the political culture. We have heard that in 1970s, Sri Lanka had one of the strongest state sectors in Asia. If we are thinking of developing the country, we need to strengthen the state sector and make it efficient.

“We must be recognised by governments of other countries. Today we have filed to be recognised by other countries in a positive manner. All the international institutes, the International Monitory Fund (IMF), the World Bank, the Human Rights Council, and the committee on external affairs of the United States have bad reports on Sri Lanka. We must convert this country to an internationally recognized country if we are to develop it.

Apart from that, we should create peace and equality among the Sinhala, Tamil, Muslim, Burgher and all the other communities to develop the country.

“The businessmen at the audience could have differences regarding economic matters. However, the factors I mentioned are matters that we all can agree on without any debate. Without fulfilling those factors, we cannot create a beautiful developed state. Making it a reality is the task of a politician. When we are resolving the economic situation, we need to create a base for the economy just as we need to create a base for the country. We will create the situation where a person could obtain services from the state or a state institute efficiently without allowing people to seek political relatives’ favours…….”

President Wickremesinghe who leads an SLPP government will spell out matters related to policy and the achievements so far when Parliament resumes sessions ceremonially on February 8. Yet, what remains in doubt is whether the voter will have an opportunity to give his verdict at the mini poll – the local council elections which remain uncertain.