The Political Column

23rd August 1998

UNP in Hyde Park huff

By our Political Correspondent

The UNP is in a dilemma over the turnout for its much publicised Hyde Park meeting which was to be the launch pad for a countrywide campaign against the postponement of provincial elections.

At the parliamentary group meeting last Tuesday UNP leader Ranil Wickremesinghe called for a report from organisers after he received complaints that some party organisations had not co-operated fully in bringing in the crowds.

When the August 14 Hyde Park meeting was in progress, Mr. Wickremesinghe looked around and asked others what the turnout could be.

One said was not more than 7500 and below what was expected. Mr. Wickremesinghe had later conceded privately that the meeting was not as successful as he had hoped it to be and a full report had been called for.

He told MPs to get back to their areas and strengthen the party base.

He said former Minister Gamini Jayawickrema Perera was being appointed to strengthen the party's trade union.

Observers said the Hyde Park meeting indicates that the party machinery needs further streamlining and its organisational capabilities require further strengthening.

They said the party machinery must be fully operational now at a time when the party has to take advantage of growing public discontent over the government's failure in tackling day-to-day issues such as the cost of living.

Most insiders feel the UNP's terror period has still not been forgotten by the people, and hence the reluctance to rally round the UNP even at this stage.

Most observers agree that Mr. Wickremesinghe is a clever politician, having been a Minister, Leader of the House and Prime Minister during the 17 year reign of the UNP.

But sitting in the opposition is a new experience and that may explain why some areas are weak.

Observers say while the UNP could bring about better management of the economy, its policy on human rights and related issues is still not reassuring.

Though some party strategists say a new image of the UNP cannot be projected with the old guard still in place, others say the UNP would be unable to hold together effectively without the old guard.

The Wijeyapala Mendis issue is an instance where the old guard backed him in defiance of the party leadership.

In the circumstances, Mr. Wickremesinghe is placed in a rather awkward position in deciding which way he should go.

Though his heart is not with the old guard at the moment he now probably feels they could play a vital role in bringing the party back to office. Therefore the UNP may be compelled to shelve the idea of a new look party in the face of current political realities.

Besides internal problems, the UNP's Hyde Park meeting also faced external shots from the PA.

Though the PA had promised to give op ponents the freedom to exercise their political rights, some government supporters were seen harassing UNPers who were decorating city roads for the Hyde Park meeting.

In addition, PA supporters allegedly sponsored a poster campaign to highlight the UNP's internal squabbles.

When the meeting of the 3000-strong All Island Executive Committee was in progress, some UNP elements distributed a leaflet attacking the UNP leadership.

It is alleged to have been orchestrated by disgruntled Colombo Central UNPers who had fallen from grace.

The leaflets in symbolic language called for a proper mahout to lead the elephant to victory - obviously a personal attack on Mr. Wickremesinghe.

Later in the week Colombo Mayor and UNP Chairman Karu Jayasuriya wrote to the police chief on the incidents that took place on the day of the Hyde Park meeting.

The letter states: The incidents occurred on Havelock Road and at Borella early on August 14. A group of people in 2-3 vehicles attacked mercilessly a few youth who were pasting posters for a legitimate political meeting. One of these young people suffered injuries on the head and other parts of the body and had to be admitted to the General Hospital for treatment. The others suffered minor injuries.

The vehicles carried a garage "Testing" board covering the number plate. During this incident, this board had fallen or was removed by someone and the original number plate of the vehicle was clearly shown. The vehicles bore the numbers 65-2601, 65-2261.

I am made to reliably understand that these vehicles belonged to a nearby service camp. They were no doubt state vehicles.

I have already brought this matter to your notice and for the information of the Secretary, Ministry of Defence. I am doing so, as being the Mayor of Colombo, I am deeply concerned about incidents of this nature and wish to ensure that you take necessary and appropriate action.

Colombo has always been a political friendly and peaceful city. A number of peace-loving citizens and non-governmental organisations have brought to my notice their concern over these incidents. I would therefore be most grateful if you would take early action on this matter and keep me informed on the course of action taken.

In another development, party spokesman, Karunasena Kodituwakku told the group meeting that the party should protest against the Speaker's decision to permit Ministers G.L. Peiris and Jeyaraj Fernandopulle to sit on the Select Committee probing allegations against the members of the Bribery Commission despite objections by the two Commissioners.

He said he felt the motion on the Commissioners should be brought before the court of the people since he believed that they would not get a fair hearing in the PSC because of the presence of two ministers who allegedly had personal interest in the matter.

Mr. Kodituwakku said the media should be kept informed of what was going on before the Select Committee though the proceedings were usually secretive.

Bribery Commission Chairman T.A. de S. Wijesundera and member Rudra Rajasingham had requested the Speaker to remove the two ministers from the Select Committee because the Commission had begun investigation on Minister Peiris' Private Secretary Kanchana Ratwatte and the Justice Ministry's Additional Secretary Nelum Gamage.

In Minister Fernandopulle's case the Commissioners allege he had criticised them through the media in a way that they felt would preclude fair and genuine consideration into matters that would be investigated through the Select Committee.

This week's development was the latest turn in a conflict that has plagued the permanent commission set up three years ago to fight bribery and corruption.

After an internal battle between the Commissioners and the then Director General Nelum Gamage, the government sought the resignation of all.

Ms. Gamage moved to the Justice Ministry but the two Commissioners refused to resign.

After that, 80 government MPs signed a resolution calling for the removal of the Commissioners and the PSC was appointed to study the resolution.

When this Select Committee met last week, a member started recording the proceedings on a tape recorder.

Minister Fernandopulle raised objections, saying it was not permitted under the Standing Orders.

UNP member Tyronne Fernando said if the members were allowed to make their own notes, there was nothing wrong in recording the proceedings.

The said Standing Orders only prohibited publications of the proceedings and if it was for personal use, there was no harm in recording proceedings.

Another UNPer John Amaratunga alleged there were several mistakes in the officially recorded minutes of the Select Committee proceedings and they could not rely on those.

Eventually it was referred to the PSC Chairman Dharmasiri Senanayake for a ruling.

Mr. Senanayake said he would look into precedents before giving a ruling.

The UNP members agreed to stop their tape recording till a ruling was given.

As an apparent follow-up to the Hyde Park meeting, UNP MPs produced placards in Parliament on Tuesday forcing a postponement of sitting when the House met to take up some condolence votes.

The UNP MPs demanded a debate on the postponement of the provincial elections.

Some UNP MPs who assembled at one of the committee rooms for their group meeting on Tuesday were not aware of the plan to launch a protest in Parliament at the sitting which marked the 4th anniversary of the PA's election to office.

Mr. Wickremesinghe who met his party seniors on Monday at his Cambridge Place office decided on the plan to carry placards in the House.

W.J.M. Lokubandara, Tyronne Fernando, John Amaratunga, Dharmadasa Banda and A.H.M. Azwer were present at this meeting.

The placards were taken the previous night to Parliament by some MPs.

On Tuesday as the group meeting came to an end Mr. Wickremesinghe asked the MPs whether they should stage a protest in the House. All agreed.

In the House it was Dharmadasa Banda who opened the attack.

He accused the government of threatening the sovereignty of the people, by postponing elections.

He raised the matter under Standing Order 25 which states:

"An urgent motion directly concerning the privileges of Parliament shall take precedence over all other motions as well as Orders of the day".

Government MPs were unaware of the UNP's move and it was Minister Fernandopulle who made an attempt to defend the government.

However the government legal experts are of the view that it was unfounded since the postponement of PC elections does not involve Parliamentary Privilege.

The UNP it appears was trying to rely on Section 154(Q) of the Constitution, to pin point that the PC elections are entrenched in the Constitution. Article 154(Q) reads:

"Parliament shall by law provide for -

(a) the election of members of Provincial Councils and the qualifications for membership of such Councils;

(b) the procedure for transaction of business by every such Council;

(c) the salaries and allowances of members of Provincial Councils; and

(d) any other matter necessary for the purpose of giving effect to the principles of provisions of this Chapter, and for any matters connected with or incidental to the provisions of this Chapter".

But government legal experts say Article 154(Q) has already been exercised by Parliament, when it enacted Act No. 1 of 1988 to provide for the Provincial Council elections. Hence they say it is not an entrenched provision in the Constitution. However government would not be able to go on postponing PC elections for a longer period as that might amount to the suspension of the operation of the Provincial Councils.

Since the PCs are set up under the 13th Amendment to the Constitution it is likely that a competent court could rule, an indefinite postponement would lead to the suspension of a provision of the Constitution. Article155(2) of the Constitution states thus:

(2) The power to make emergency regulations under the Public Security Ordinance or the law for the time being in force relating to public security shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law except the provisions of the Constitution.

The UNP also decided on key issues relating to devolution as point of its exercise to counter the government's proposals.

A committee comprising Ronnie de Mel, Tyronne Fernando, Mahinda Samarasinghe, Daya Pelpola and constitutional expert K.N. Choksy met on Monday evening to finalise the chapter on alienation of land.

The UNP will insist that all land, except what is already owned by the Provincial Councils be vested with the State. If the Provincial Councils require more land they could outline their needs to the proposed Land Council. If the land allocated by this Council does not satisfy the Provincial Council, it could make representations to an arbitration body and then to the Supreme Court.

The UNP had submitted some of its proposals earlier, relating to the unitary state and the Presidency.

The UNP is calling for the appointment of two Vice Presidents, one of them from a minority community. It has also proposed a Second Chamber of Parliament, where representatives from the provinces could come into make their voices heard and grievances redressed.

The party has proposed that an executive committee with representatives of all parties be set up to run each province, thus doing away with the system of one-party government.

Mr. Wickremesinghe feels there is no need for another devolution package if the 13th Amendment to the Constitution and the Provincial Councils Act are properly and fully implemented.

The government and even some minority parties have in recent months accused the UNP of dragging its feet or sitting on the fence on the devolution of power as a political solution to the ethnic conflict.

While the UNP was planning strategy against the government as it completed the fourth of its six years, President Chandrika Kumaratunga arrived at the weekly meeting of the Ministry carrying a huge cake with four candles to mark the fourth anniversary. One minister asked whether it was a birthday cake and the President said with a smile, "it is our 4th birthday, we will continue to celebrate many birthdays".

Then the minister requested the President to cut the cake amidst a round of applause. What gave the President greater cause for celebration was daughter Yasodara's achievement at the London Advanced Level Examination. She had excellent rating of 3As.

A happy President naturally wanted to convey the news to Yasodara's grandmother immediately. Premier Sirima Bandaranaike was in Parliament when she got the news and immediately telephoned her granddaughter to congratulate her.

Though the grand old lady might not have been too happy with the performance of her daughter, she indeed must be proud of the granddaughter, a UNP wag quipped.

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