The Political Column

3rd November 1996

New Constitution by April

Accord on key issues in Select Committee

By Our Political Correspondent


The Kumaratunga government last week survived another crisis, making peace with SLMC leader and Minister M.H.M. Ashraff.

Though staunch SLMC supporters describe it as a show of their strength, both President Kumaratunga and Minister Ashraff had to compromise in settling the dispute.

At the crisis talks held on Monday at Temple Trees, President Kumaratunga, towards the end of the one to one discussion said. "So there is no dispute between us" and both agreed smilingly, the newspapers, as usual were trying to create a sensation.

Monday's crisis talks began from the West end Verandah (facing Galle Road) of the Temple Trees but as the discussion became more interesting and both started putting their views across on the controversial Queen Elizabeth Quay development project they slowly moved on to the main dining table in the hall.

The lawyer in Mr. Ashraff began to work as he presented his case to the Chief Executive of the country. He said his main concern was to see that the proposal to develop the QEQ went ahead smoothly without creating problems for the government.

He said he felt the President had not been fully briefed by Board of Investment officials on all aspects of this proposal and its implications. He said as the Minister in charge, he had to look into all these aspects, including workers' welfare before submitting the Cabinet paper.

"I am not standing in your way - I am fully with your suggestion to award the contract for the development of the Queen Elizabeth Quay to P & O of Australia."

The President seems to have been impressed by the submissions made by Mr. Ashraff on the matter. She agreed on most of the salient points put across to her by him.

The previous night (Sunday) Minister Ashraff spent hours perusing the relevant papers and files to prepare his brief. His Stanmore Crescent house was busy and his dining table was loaded with files and documents relating to the P & O offer.

At present both Ms. Kumaratunga and Mr. Ashraff are on the best of terms and the government has clearly survived yet another crisis.

The appointment for Monday's crisis talks was fixed on Saturday when the President telephoned Mr. Ashraff to find out whether he would attend a ministerial meeting on infrastructure development scheduled to be held in Delhi last week.

The phone talk was an extension of a chat the President had with Mr. Ashraff on the previous Friday while hosting a dinner to a visiting IMF delegation.

The dinner was attended by Ministers G.L. Peiris, Nimal Siripala de Silva and a host of government officials including Treasury Secretary B.C. Perera, Central Bank Governor, A.S. Jayawardena, Deputy Treasury Secretary Daya Liyanage, R.S. Jayaratne, M.D.D. Pieris, Dr. P.B. Jayasundera and Mano Selvanathan.

Though the officials and the Ministers were there on time for the dinner the President arrived late after her Homagama meeting. She moved around with them talking to the officials and the IMF delegation, but had apparently forgotten the delegation had to leave Sri Lanka by 11.00 that night for Madras.

Mr. Ashraff reminded the President of it and said the delegation should have dinner early. The President then called everybody to dinner.

It was at this meeting the President asked Mr. Ashraff as to whether he was participating in the Ministerial meeting on infrastructure development.

The President told Mr. Ashraff that Minister Mangala Samaraweera had already left for Delhi and asked as to whether he also was planning to go.

Mr. Ashraff said "I have cancelled my trip. I think our meeting is far more important than going to New Delhi."

"In that case we will meet on Saturday and I will make special arrangements for you to leave on Sunday" the President said.

"We will decide tomorrow" Mr. Ashraff replied.

Saturday's phone call to Mr. Ashraff by the President was an extension of what they discussed on Friday.

As the phone rang Mr. Ashraff thought that it was from the President.

"Mr. Ashraff this is about your trip to India" the President said:

"Don't worry madam, I have decided to cancel it" he replied.

He said "After yesterday's dinner I checked up my diary and I have invited the Netherlands Ambassador, Bastian Korner for a farewell dinner and I don't want to cancel it."

"It's alright. Shall we then meet on Monday, first thing in the morning" the President asked.

Mr. Ashraff said "Fine Madam. I want you to remember that I am with you 100 percent on the P & O issue. My fight is not with you but with your officials."

"Very well - we will meet on Monday" the President replied.

As the President ended her telephone conversation in a cheerful mood, Mr. Ashraff thought that half his problems were over. He thought to himself that his decision to accept the invitation for dinner on Friday October 25 was a good move and it paved the way for the talks on Monday.

On Saturday (October 26) evening Mr. Ashraff received another important telephone call, this time it was from his Ministry Secretary M.M. Junaid to warn him about the leaking of Cabinet papers to the press. But Mr. Ashraff was resting at the time when Mr. Junaid called him and returned his call around 10.00 p.m.

Mr. Junaid told the Minister that the Cabinet paper on the QEQ development prepared by the BOI and a subsequent Cabinet paper prepared by the Ministry had been leaked to the press.

Minister Ashraff said he was aware of this and later called the President to complain about the leak.

The President told Mr. Ashraff not to worry and suggested it could have been leaked from a BOI unit dealing with infrastructure matters.

Besides these, the SLMC politbureau meeting on Thursday turned out to be somewhat volatile - when politbureau members observed that the President had not called Mr. Ashraff until Thursday midnight as promised during the Wednesday's (October 23) Cabinet meeting.

When members of the politbureau questioned Mr. Ashraff about the telephone call promised by the President to fix an appointment to sort out existing issues, Mr. Ashraff defended the President's position.

He said the fact that she did not call him till midnight cannot be held against her. Knowing the President's nature and how she reacts to issues Mr. Ashraff said "that does not mean that she is not truthful."

"In any case we are within the suggested framework" he added.

The politbureau however considered the positive responses made earlier by the President who had sent flowers and greetings to Mr. Ashraff on his birthday on Wednesday.

They decided that the SLMC MPs should participate in Friday's Parliamentary proceedings too and that both the President and Mr. Ashraff were capable of resolving the outstanding issues without the mediation of a third party.

On Friday Mr. Richard Pathirana called him once again subsequent to their brief discussion on Wednesday (October 23) at the Cabinet meeting to inquire whether the SLMC leader was coming to Parliament that Friday.

Minister Ashraff replied that the other members had decided to go to Parliament while he had chosen to stay back until the disputes were sorted out.

The Queen Elizabeth Quay (QEQ) matter was further discussed after last Wednesday's Cabinet meeting too. President Kumaratunga chaired the meeting while Mr. Ashraff along with other officials joined in the discussion.

The President said they should explore ways of expediting the QEQ matter while protecting the interests of the Sri Lanka Ports Authority.

Mr. Ashraff said "No doubt there is an urgency, but not withstanding the urgency, the QEQ cannot be given for development unless 50% of the work of the North pier is completed. The QEQ handles important inflow of goods to the country and if this is handed over, there could be difficulties and delays in supplying goods. If the North pier is developed to a certain extent the SLPA will have a base and it would operate" he added.

In the meantime Mr. Ashraff is planning major changes in his ministry in a bid to finalise the National Shipping Policy. He hopes to complete a bulk of the work connected to this within the next 2 1/2 years, and the transfer of Sundra Jayawardena from the Port to be Chairman of the Shipping Corporation is in keeping with this policy.

But now it appears that fresh troubles are brewing between Mr. Ashraff and New Democratic United National Front Leader Srimani Athulathmudali.

It was in connection with the suggestion made by Mr. Ashraff to name the Maritime Training Centre proposed to be set up at Oluvil as the Mahapola Training Centre.

When Mr. Ashraff came out with this proposal at the same Cabinet meeting where he fell out with the President over the P & O issue Minister Athulathmudali strongly opposed the move.

She said "You can't use the Mahapola name". She was seated next to Mr. Ashraff on his right when this argument took place.

"It is our property" said Ms. Athulathmudali.

"Is it your personal property?" asked Mr. Ashraff.

"It is a private foundation" she replied.

"If it is a private property, I can't see why the name Mahapola is used on a public institution under the Sri Lanka Ports Authority".

"I will take necessary action"

"If you don't want the name Mahapola in Oluvil, I will remove it from Colombo too" Mr. Ashraff retorted.

At this stage President Kumaratunga came to the rescue of Ms. Athulathmudali.

She said "I am not a lawyer, but I feel you can't use the name of a private foundation".

"Madam that's why I want to remove the name Mahapola from Colombo too" replied Mr. Ashraff.

At this point the President looked at the law professor in the Cabinet - Minister G.L. Peiris. "What have you to say?", she asked him. But before Minister Peiris could come out with a solution Mr. Ashraff said. "Madam whether I could use the name Mahapola or not is not a matter for the Cabinet to decide. There is an Attorney General to advise the government on these matters and I would get his advice."

After this argument Mr. Ashraff had decided to name the Oluvil Training Centre as Maritime Training Centre, Oluvil and instructions have been sent down to his officials to rename the Mahapola Training Authority in the Colombo Port as the Colombo Maritime Authority and to prepare a note to the Cabinet in this connection.

He later told friends it was his intention to perpetuate the memory of his late guru Lalith Athulathmudali in his area.

He said he knew Lalith even before Srimani did so. "He was my friend, teacher, fellow lawyer and fellow politician".

"In recent years political history only two people succeeded in forming political parties, the DUNF led by Lalith Athulathmudali and the SLMC led by myself" he said.

"Mr. Athulathmudali had contacted me on several occasions on formulating his party constitution to propagate the DUNF. I am highly worried as to why Srimani is opposing my move," Mr. Ashraff said.

"We had a very good understanding to work together - if not for his untimely death the political history of this country would have been changed" he said.

But the problem between Mr. Ashraff and Ms. Athulathmudali might take a new turn as Mr. Ashraff moves to rename the Mahapola Training Authority as Colombo Maritime Training Authority. As to who would emerge as the winner in this battle is yet to be seen.

Apart from the controversy over the name Mahapola the New DUNF led by Srimani Athulathmudali is facing more problems within the PA government.

The PA Executive Committee which met on Wednesday was scheduled to discuss many matters, including the relationships among parties, Cabinet responsibility and the Budget.

Since the President did not attend the meeting, matters pertaining to the third Budget of the PA government could not be discussed.

Minister Dharmasiri Senanayake who presided in the absence of the President, announced this. He said they were scheduled to discuss the relationship among the parties in the PA, but that matter also had to be put off, since the New DUNF was not represented. The NDUNF led by Ms. Athulathmudali in recent times stood for its principles and criticised the government for its alleged wrong doings. It abstained from voting on the controversial Public Enterprises Rehabilitation Bill and issued a statement condemning the cycle of political violence much to the embarrassment of government leaders.

Minister Senanayake also referred to collective Cabinet responsibility and said even to discuss that matter they needed the New DUNF, which was not there.

But by the tail end of the meeting DUNLF MP Ravi Karunanayake arrived and said they could decide now as to who was leaking information to the Press on the proceedings of the PA Exco meetings.

Thereafter Minister Bernard Soysa made a significant contribution stressing that the SLFP should condemn the current cycle of political violence in the country.

Mr. Soysa said the current violence was attributed to the PA government and it would badly reflect on the main party, the SLFP.

Mr. Soysa said the SLFP Leader and Prime Minister Sirima Bandaranaike or the party should issue a statement condemning the violence.

As Mr. Soysa pointed out, there is growing concern over the violence in the country. The UNP is scheduled to pass a resolution at its annual Convention this month in Kalutara.

The people who are not committed to any political concept or party, see this as a blatant violation of law and order and encouragement by the PA to break democratic norms. They think the PA is going against what it professed during election time to restore normalcy.

Violence of this nature could only be stopped by the government if it takes stern action against politicians in the provinces who give patronage to violent elements.

More than anything the fear of the people is whether the government is planning to rob and rig the votes of the electors under the cover of violence at the local government polls and other elections to follow.

Another problem that had sent ripples through the government top brass is the leaking of information to the Press. The government had already suspected six Cabinet Ministers in this connection and the National Intelligence Bureau has been directed to have them under surveillance. Several high officials connected to newly established government concerns are also being spied on.

The Cabinet this week, discussed the 50% pay hike for public servants and directed Treasury Secretary B.C. Perera and Dr. P.B. Jayasundara to put forward proposals as to how they should do it. Cabinet also discussed the hunger strike by Trainee Teachers and Education Minister Richard Pathirana suggested that there should be no negotiations with them until they gave up their protest fast. He said they were recruited during the past regime and those who had the required qualifications were accommodated in the permanent cadre while the others were given time to get the required qualifications. In the circumstances the Cabinet has agreed not to talk to these teachers until they abandoned their protest.

At the end of the Cabinet meeting Minister Mahinda Rajapakse asked Mr. Pathirana whether he would talk to them if they gave up their death fast at the Isurupaya. Mr. Pathirana agreed and Mr. Rajapakse went to the Isurupaya soon after the Cabinet meeting to discuss the matter with the fasting teachers. They agreed to give up the fast provided they could see the minister. Accordingly a meeting was arranged at the Higher Education Ministry where Minister Richard Pathirana shot down all their demands as unreasonable and baseless. Ultimately the teachers called off their fast.

The Cabinet also discussed the proposal to ban selling of refrigerators at duty free outlets at the arrival lounge of the Katunayake Air Port to give a helping hand to local manufacturers and importers of refrigerators. Since the Cabinet could not arrive at a firm decision on the matter, the President referred it to a committee comprising C.V. Gooneratne, Mahinda Rajapakse, S.B. Dissanayake and Kingsley Wickramaratne, but Minister Wickramaratne said he could not serve on the committee due to personal reasons. There has been some divergent opinion on this matter among ministers on this issue as to whether migrant workers would be deprived of being able to purchase a duty free imported fridge. At the same time it is contended that middlemen are the main beneficiaries of the present duty rebate.

When Minister Amarasiri Dodangoda submitted a Cabinet paper on allocation of funds to the Provincial Councils some Ministers alleged there was little financial discipline in these councils and they spent money in an ad hoc manner.

After listening to all the comments, Mahinda Rajapakse intervened and smilingly said all those things could be rectified when the package was implemented.

Minister G.L. Pieris, the architect of the package seemed annoyed. He said "this is a very mischievous comment".

At the same time Ministers Dharmasiri Senanayake came out with another Cabinet paper to bring all circuit bungalows attached to various Ministries under one state body. The matter was put off since the Ministers said they wanted to study the matter.

The Ministers on Wednesday, also discussed the condition of former President J.R. Jayewardene who passed away on Friday.

There had been many visitors to see him in the last days, but the hospital board said: "Strictly no visitors". His wife Elena visited him on several occasions on a wheel chair.

In a sporting development, President Kumaratunga who met the Cricket Board Chief Upali Dharmadasa, Sri Lanka Cricket Captain Arjuna Ranatunga, Vice Captain Aravinda de Silva and Team Manager Duleep Mendis has promised every cricketer a plot of land from Battaramulla to build houses for them.

They have also been promised duty free cars up to the value of US$ 12,500.

It was also revealed that the Captain, Vice Captain and the team manager would be paid by the state in the future with monthly payments ranging from Rs. 30,000 - Rs. 50,000.

In addition to all these, the top players in the Sri Lanka team and the Manager would be bestowed with the National Honour of Deshabandu.

The meeting between the cricketers and the President came in the wake of reports that Sri Lanka's National Cricket Coach Dave Whatmore was to be bestowed with the National Honour of Sri Lanka Ramya, normally awarded to foreigners for exceptional service to the country.

But this was not known to Sports Minister S.B. Dissanayake until the President signed the relevant papers.

Following this, some of the cricket team members made representations to Minister Dissanayake and said it would be a sheer embarrassment to them when the national coach was honoured overlooking the actual cricketers who brought honours to the country by clinching the Wills World Cup.

Minister Dissanayake immediately inquired from the President as to how it happened. The President told him she had signed this with the other papers given to her and thought that the Minister wanted National Honours awarded to Mr. Whatmore.

Minister Dissanayake had no problem in honouring Dave Whatmore for the services he had rendered, but he was annoyed about the way it was done, bypassing him.

He told the President he wanted to know as to who did this. When he got to know that it was a high officer attached to the Presidential Secretariat, he got through to him over the telephone and warned him against such acts and asked as to who authorized him to do so without consulting the relevant people.

Besides these, at the party leaders' meeting held last week a question asked in Parliament by Sarath Goonawardene, MP for Galle district drew a detailed discussion about MPs and their right to ask questions.

The question was tabled by Mr. Gunawardene and directed to the Minister of Foreign Affairs.

The question referred specifically to an officer attached to the SL Embassy; Kuwait and went on to ask:

Is he aware that -

(i) nearly 600 women who had worked as housemaids in Kuwait and who were subsequently displaced, had come to the Embassy office in despair, seeking shelter,

(ii) those of them between 18 and 35 years of age who had come there had been directed to brothels in Kuwait,

(iii) when the women who were sent to the brothels conceived, they were directed to illegal abortion centres,

(iv) those who returned from the brothels to the Embassy office were once again directed to get back to the brothels?

Is he aware that:- (i) when relatives of the distressed housemaids send them the air tickets to enable them to return to Sri Lanka, the said officer has reportedly stated that, bigger sum of money is required to meet travel expenses to get back to Sri Lanka?

Will he take action to inquire into this and remove the said officer forthwith from the diplomatic service?

Will he take early action to get back those stranded women?

If not, why?

An agitated Speaker asked UNP's A.C.S. Hameed what he had to say about Sarath Goonewardena's question. Mr. Hameed said the question could have been worded more carefully. The Secretary General of Parliament, of course took up the position that they had no powers to decide on the content of questions, but the Speaker wanted some sort of guidance on the suitability of questions. Mr. Hameed took up the position that a Member of Parliament had a right to ask questions and that there could be no curtailment of this right. He said the Parliamentary authorities could not decide whether a question should be placed on the Order Paper or not and they should not be asked to do so. Finally a proposal by the Leader of the House, Ratnasiri Wickremanayake that if Parliament faced any problem with regard to whether a question should be placed on the Order Paper or not, the authorities should contact the Leader of the Party of the MP concerned.

Mr. Hameed also took up the question of Ministers not being present at question time and at adjournment. The Speaker said some of the Adjournment questions called for detailed information which could not be collected in 48 hours. Mr. Hameed contended that the questions which were urgent should be replied by the government. Minister Wickremanayake pointed out that some of the questions asked did not strictly come under the Ministries concerned, since some of these functions had been devolved. Mr. Hameed said since the passage of the 13th Amendment, governments have got used to answering questions which involved devolved subjects and the practice should continue.

Meanwhile the Select Committee on Constitutional Reforms seems to be preparing for a series of meetings before the end of the year. Minister G.L. Peiris, it is reported, is determined to see finality to the Devolution Package early next year. Minister Peiris hopes to bring before Parliament the necessary legislation on the Devolution by April.

The last meeting of the Select Committee held on Tuesday at the Parliamentary Complex was a lively one. Broad consensus on two important issues have emerged. UNP's A.C.S. Hameed suggested that the first sentence in the 1st Chapter that "Sri Lanka is a United and Sovereign Republic" be amended. His suggestion was to delete the word "united". This was accepted and the new version of the first sentence would be "Sri Lanka is a sovereign Republic and shall be known as the Republic of Sri Lanka."

Mr. Hameed also moved an amendment to Chapter II on Buddhism. Mr. Hameed said in view of the emphasis on Buddhism, other religious groups would require greater protection than assuring and sought to delete the word "assuring" and introduce the word "guaranteeing". This now would read as:

"The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while guaranteeing to all religions the rights granted by Article 15 (1) and 15 (2)."

At the same meeting Minister Thondaman wanted the word "people" defined, and this led to a long discussion. He maintained that the reference to the exercise of franchise must be precise. He said the citizens who had their names in the Voters Register must be allowed to vote. He was against any further qualification to be placed. Mr. Thondaman was smarting under the present position taken up by the President that all persons on plantations must produce their Identity Cards before getting their names placed in the Voters Register. Mr. Hameed supported Mr. Thondaman and said minorities do face certain problems before their names are placed on the register and there was a difference between the majority and minority. The former had to only be assured of exercising the franchise, whilst the latter, Mr. Hameed, maintained had to go through certain obstacles before he qualified to be an elector.

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