Wednesday, December 19, 2018

Winning with Wit!

Thursday, December 20, 2018

Sri Lanka’s worst ever constitutional crisis came to an end last week after a 51-day stand-off between the Executive and the Legislature that brought the country’s government to a virtual halt. The impasse was resolved after the intervention of the Judiciary, with a verdict from the Supreme Court.

The crisis was triggered when President Maithripala Sirisena, on October 26, decided to remove Prime Minister Ranil Wickremesinghe and appoint former President Mahinda Rajapaksa to the post instead. Wickremesinghe’s removal and Rajapaksa’s swearing-in took the country by utter surprise.

That there were significant differences of opinion between the President and his Prime Minister was well known. However, President Sirisena’s moves to summarily sack his Prime Minister were unexpected, even though they were preceded by a series of discussions with the Joint Opposition (JO).

The President’s decision was based on the premise that, once Rajapaksa is installed as Prime Minister, the JO together with the other factions of the United Peoples’ Freedom Alliance (UPFA) would be in a position to easily negotiate cross-overs of United National Party (UNP) parliamentarians.

Wickremesinghe’s dismissal

It was to allow this that President Sirisena prorogued Parliament on October 27, a day after Wickremesinghe’s dismissal. The prorogation, which attracted protests from the opposition, was until November 16, allowing UPFA and JO negotiators almost three weeks to negotiate with UNP MPs.

However, this is where the UPFA was caught napping. Its negotiators led by S.B. Dissanayake who mediated between the President and the Rajapaksa faction of the UPFA did not do their homework properly. They got their numbers wrong. There simply weren’t enough UNPers willing to cross-over.

A recorded telephone conversation between Dissanayake and UNP parliamentarian Range Bandara,
where the latter’s cross-over was solicited also went viral on social media generating disgust and ridicule. This would have been a deterrent to any other UNPers who were considering crossing over.

The UPFA also underestimated the public backlash against the President’s actions in dismissing Wickremesinghe, appointing Rajapaksa and proroguing Parliament.

Also facing international and local censure, President Sirisena then announced Parliament’s prorogation will end on November 14.

Negotiations between the UPFA and selected opposition MPs then intensified. The objective was to secure their support for Rajapaksa as Prime Minister, so he could demonstrate he had the endorsement of at least 113 MPs in the House, a requirement under Article 42(4) of the Constitution.

As these discussions progressed, it became apparent to the UPFA leadership that they did not have the support of a majority of MPs. Faced with the prospect of Rajapaksa being rejected by Parliament if it was reconvened, President Sirisena dissolved Parliament on November 9, calling a general election.

On the next working day, Monday, November 12, twelve fundamental rights applications were filed in the Supreme Court, challenging the President’s decision to dissolve Parliament. This was based on Article 70(1) of the Constitution which precludes dissolution before four and a half years.

Other opposition parties including the Janatha Vimukthi Peramuna (JVP) and the Tamil National Alliance (TNA) were steadfast in their support to the UNP in this exercise. Also filing an application was Prof. Ratnajeevan Hoole, one of the members of the independent Elections Commission.

On the following day, November 13, the Supreme Court granted an interim order until December 7, staying the President’s proclamation dissolving Parliament. It was a landmark decision and paved the way for subsequent events by allowing Parliament to continue sittings until the matter was decided.

Parliament met the next day and passed a motion of no confidence against Rajapaksa. Over the next few days, as successive votes were passed against Rajapaksa and his purported Cabinet, behaviour in Parliament descended to unprecedented depths with UPFA MPs resorting to violence and vandalism.

Speaker Karu Jayasuriya was prevented from taking his seat which was dragged away and had water poured on it. Chilli powder was flung at UNP MP Jayawickrema Perera. Chairs were thrown about and MP Prasanna Ranaweera assaulted a Police officer. This conduct dented the UPFA’s image badly.
Other battles were being fought in court. On December 3, the Court of Appeal issued an interim order restraining Rajapaksa and his Cabinet from functioning until the hearing of a writ of quo warranto filed against them is concluded. This was another setback for the UPFA’s plans to set up government.
The restraining order meant that effectively, there was no government in the country and all matters would have to be dealt with directly by the President. With the next date of hearing set for January 2019, it would have made the nation ungovernable, especially with no Budget being passed for 2019.

Supreme Court decision

In public, however, President Sirisena and Prime Minister Rajapaksa were maintaining a positive outlook. Also, some in government circles were still hopeful that the Supreme Court would hold in their favour. If they did, it would have triggered a general election and ended the crisis.

President Sirisena meanwhile continued having a series of discussions with the UPFA as well as Speaker Jayasuriya and the United National Front (UNF). However, he insisted that he would not reappoint Wickremesinghe as Prime Minister ‘even if all 225 MPs in Parliament endorsed him”.

The much-awaited Supreme Court decision was not delivered on December 7 but delayed by a few days. It came on December 13 when a seven-judge bench unanimously decided that the President’s decision to dissolve Parliament was unconstitutional, illegal and therefore, null and void.

Although this signalled the end of the ill-fated ‘constitutional coup’ for many, the Rajapaksa camp was still expectant. They were hoping that the interim restraining order granted by the Court of Appeal would be vacated by the Supreme Court. The court refused to do so on December 14.

That was the final nail in the coffin for the UPFA. On the following day, December 15, Rajapaksa resigned as Prime Minister stating he did not wish for the country to remain anarchic until January.

The opposition, however, claimed that he had already foregone his post, losing support in Parliament.

Reappointed Prime Minister

On Sunday, December 16, Ranil Wickremesinghe was reappointed Prime Minister and took his oaths before President Sirisena who had to back down from his previous stance that he would never re-appoint Wickremesinghe. He was to say he did so out of respect for parliamentary traditions.

While the main political drama enacted over fifty-one days has now come to an end, the major players are reviewing recent events with an eye on the future, especially as presidential elections are due by January 2020 and general elections have to be held by August 2020 at the very latest.

While President Maithripala Sirisena has attracted much criticism for his ill-advised actions, he has attempted to explain them, stating he acted in good faith, based on legal advice provided to him by eminent counsel. Nevertheless, it is clear that the past seven weeks did not enhance his popularity.
The other big loser in this exercise was Mahinda Rajapaksa. He was riding the crest of a wave of popular support when this crisis unfolded. By accepting the Premiership and then by trying to stay in the office using strong-arm tactics in Parliament, he has lost much of the goodwill he enjoyed previously.

The big winner is the UNF and Prime Minister Wickremesinghe. Weighed down by the burdens of incumbency, it was sliding in the popularity stakes. Its stance on this issue and its fight for democratic principles has boosted its morale, united its factions and enhanced its standing among voters.

Yet, there is still more than a year for the next national elections. As the past seven weeks have shown, a year can be a very long time in politics. It is now up to the UNF to deliver on its promises- or else, it too will be judged harshly by the voter- just as the UPFA was, in the past few weeks.

Sri Lankan lawmakers question Rajapaksa’s parliamentary seat

FILE - In this Saturday, Dec. 15, 2018 file photo, Sri Lanka’s disputed prime minister Mahinda Rajapaksa folds his hands in prayer as he is blessed by a Buddhist monk after signing his resignation paper in Colombo, Sri Lanka. Members of Sri Lanka’s Parliament on Tuesday questioned whether Rajapaksa, who recently quit as prime minister, can hold his seat after earlier relinquishing membership in the political party that he represented in the last election. (Eranga Jayawardena/Associated Press)

By Krishan Francis | AP-December 18

COLOMBO, Sri Lanka — Members of Sri Lanka’s Parliament on Tuesday questioned whether Mahinda Rajapaksa, who recently quit as prime minister, can hold his seat after earlier relinquishing membership in the political party he represented in the last election.

Lakshman Kiriella, a lawmaker from the ruling United National Front coalition, raised the question in Parliament soon after Speaker Karu Jayasuriya announced that he accepted Rajapaksa as the opposition leader because President Maithripala Sirisena had withdrawn from a national unity government with Prime Minister Ranil Wickremesinghe.

Jayasuriya said he would rule on the matter on Friday.

“We don’t want the constitution to be violated any further,” said another lawmaker, M.A. Sumanthiran. “If some members have ceased to be members of Parliament, they must withdraw from this chamber now.”

Rajapaksa last month dropped membership in his former party, led by Sirisena, to represent the Sri Lanka People’s Front, the party he formed and served as shadow leader. He took the step after Sirisena dissolved Parliament and called for fresh elections, aiming to form a base independent of Sirisena.

Rajapaksa, who is popular among Sri Lankans for winning a decades-long civil war that ended in 2009, was the party’s biggest crowd-puller.

However, the Supreme Court restored the same Parliament, calling its dissolution illegal.

Rajapaksa resigned as prime minister on Saturday, ending weeks of political instability in the country.

The crisis was triggered by Sirisena’s move to withdraw his party from a national unity government, sack Wickremesinghe as prime minister and appoint Rajapaksa in his place.

Wickremesinghe insisted that he was removed illegally, while Rajapaksa failed to secure majority support in Parliament.

Sirisena dissolved Parliament and called for fresh elections, but the Supreme Court suspended the move and restored Parliament. Later, the court issued a final decision, declaring the dissolution of Parliament and the call for elections illegal.

By that time, Rajapaksa’s opponents had defeated him in two no-confidence votes, but he held on to the office with Sirisena’s support until the Court of Appeal suspended him and his Cabinet from functioning in their offices.

Rajapaksa and his suspended ministers went to the Supreme Court seeking to remove their suspensions, but the court refused.

Rajapaksa was then forced to resign to avert a crisis that would have prevented the government from spending state funds from Jan. 1 without a budget.

Sirisena then restored Wickremesinghe, the man he ousted in October, as prime minister.

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US eager to work with reinstated Sri Lankan Prime Minister

Wed, Dec 19, 2018, 08:16 pm SL Time, ColomboPage News Desk, Sri Lanka.

Dec 19, Colombo: The United States yesterday praised the restoration of Sri Lankan Prime Minister Ranil Wickremesinghe, who was controversially ousted by President Maithripala Sirisena and replaced by a former president Mahinda Rajapaksa in October, and voiced eagerness to work with him.

U.S. State Department spokesman Robert Palladino, has said that Sri Lanka is a valued partner in the Indo-Pacific and the U.S. expects to work with the Prime Minister and the new government to advance the bilateral cooperation, AFP reported.

"We are pleased that the leadership in Sri Lanka has resolved the political crisis of the past several weeks in accordance with constitutional norms and the rule of law," State Department spokesman said.

"Sri Lanka is a valued partner in the Indo-Pacific, and we look forward to engaging with Prime Minister Wickremesinghe and his cabinet to advance cooperation on bilateral and regional issues of common interest," Mr Palladino said.

Mr. Wickremesinghe's dismissal sparked an outcry at home and abroad, with his allies saying that China, which forged a close economic relationship with Mr. Rajapakse, was involved, a claim denied by China.

Meanwhile, several countries have extended congratulatory messages on the reappointment of Mr. Wickremesinghe to the Prime Minister post.

The European Union representing 17 countries, Norway, Australia, Switzerland and India, welcomed the Prime Minister's appointment.

Will A Third Political Force Emerge From The Current Instability?

By Latheef Farook –DECEMBER 19, 2018

Latheef Farook

Disgusting and despicable political crisis triggered by the sacking of Prime Minister Ranil Wickremesinghe and the appointment of Mahinda Rajapaksa as Prime Minister on 26 October 2018 demonstrated the need for a third political force to save the country.

The irony is that this crisis was sparked at a time when the country is already passing through political and economic instability. Thus the pressing need of the hour is for a political leader like Dr Mahathir Mohamed who within three months after assuming office arrested former Prime Minister Najeeb and his wife.

The mere fact that of the three-President Sirisena, sacked and reinstated Prime Minister Ranil Wickremesinghe and the illegally appointed Prime Minister Mahinda Rajapaksa, did not show any flexibility to end the crisis showed that they were only keen on grabbing power and not the interest of the country and its suffering people.

Long before the October 26 disaster people in general have lost confidence in all three leaders-President Maithripala Sirisena who tricked the people and took the entire country for a ride with his false promises, sacked and restored Prime Minister Ranil Wickremesinghe who was accused of involvement in the multi billion rupee bond scam and disgraced prime Minister Mahinda Rajapaksa who together with his family members were accused of widespread crime and corruption.

Thus the mood in the country was overall disillusionment. It was under such gloomy atmosphere President Sirisena triggered this unwanted political crisis.

At the beginning the entire country was shocked. However Sri Lankans, especially professionals, responded promptly and spoken out against the violation of the constitution demanding the restoration of democracy. This included Sinhalese. Tamils, Muslims and all others.

With its unanimous verdict the court restored people’s confidence on the judiciary. In an article Professor Jayadeva Uyangoda pointed out that;

“In two judgments delivered in two consecutive days, Sri Lanka’s supreme court has sent out a firm message to the country’s quarrelling political leaders: constitution and democracy first. The judges have also assured Sri Lankan citizens that in their fight to defend Sri Lanka’s endangered democracy, the judiciary is now a reliable arbiter. The Supreme Court has also said a firm ‘no’ to a narrow and personal agenda of President Sirisena who has, by a series of bizarre words and deeds, repeatedly proved himself to be a liability to the whole country”.

The overall message is democracy has come to stay in the island. Though distorted and projected as victory for Mr. Ranil Wickremesinghe, it was really a victory for democracy and the people. In almost every UNP public meetings people in general said” we are not here for Ranil Wickremesnighe but for the restoration of democracy.

Summing up the situation a Sinhalese professional addressing a small gathering at the Baptist Church premises at Liptons Roundabout on the day the court issued the verdict on Thursday 13 December 2018 had this state;

”We have not come out to make Ranil Wickremesinghe the prime minister, but to ensure democracy is restored. Our struggle is for our rights and democracy. He said this country was brought to this disastrous position due to three different factors;

SL’s rocky road to restoring democracy Where do we stand today?

2018-12-20

Sri Lanka experienced 52 days of chaos which ended up on a rather smooth note thanks to the judiciary. However, the on-going recovery period seems challenging. This is because it has much to do with shame, economic losses and abuse of power.

Sri Lanka, has now come under the spotlight and the international community is being observant as to how fast it will recover. As the clock ticks , there seems to be a delay in appointing the cabinet; once again raising doubts among onlookers. But, on a rather positive note, the crisis period offered an opportunity for all citizens to voice out for their rights; which was in the name of democracy. And the fight continues.

Hence, the Daily Mirror spoke to a few individuals, who actively protested to bring the country back to normalcy, to find out what they now expect from those who will wield power in a few days time.

Prez likely to interrupt RW’s agenda

-Wijesooriya
“Following the Supreme Court ruling, President Sirisena had to reappoint Ranil Wickremesinghe (RW) as the Prime Minister, but he specifically mentioned that he didn’t want to work with him,” recalled Prof. Sarath Wijesooriya, Convener of the Movement for a Just Society. “This is a warning that he will not allow RW and the cabinet to function smoothly. Therefore it is highly likely that he would interrupt the agenda of the yet-to-be established government and try to prove that RW cannot do anything. We are already witnessing a delay in the appointment of the cabinet and ministerial portfolios,” said Prof.Wijesooriya.

A politician’s responsibility is to win the hearts of the public and stay clear of allegations

Prof. Wijesooriya further said that the United National Front and the Prime Minister should adopt the criteria suggested by Prof. Siri Hettige in appointing cabinet ministers. “He has drafted this document on a scientific basis, so that politicians with less allegations and accusations could be appointed to their posts. In this backdrop nobody can hope for any development until the crisis situation is fully settled,” he added.

Referring to the appointment of cabinet ministers, he further said that neither the seniority nor the close ties between them and the premier should be an added advantage for these appointments. “Those who have failed in their duties should be debriefed and opportunities should be given to young blood. A politician’s responsibility is to win the hearts of the public and stay clear of allegations or accusations if he or she wants to have a successful career in politics.”
he said.

The Presidential system doesn’t suit our country

-Viyangoda

“We recently faced the biggest challenge after 2015,” said Gamini Viyangoda, co-convener of the movement Puravasi Balaya. “The President said that he will not support the PM and therefore it is clear that he would not allow the government to run smoothly. In this situation we cannot talk about development or the way forward. If they don’t compromise we will have to go in for a Presidential Poll. Somehow it has been proved that the Presidential system doesn’t suit our country. After 1978 the past few weeks have dragged the country back to square one.” he said.

The President said that he won’t support the PM and therefore it is clear that he would not allow the government to run smoothly

People of this country deserve better

-Wickramasinghe

“As far as many of us are concerned, the fight for democracy is not over yet,” said Aritha Wickramasinghe a lawyer by profession. “Over the last 50 days of this crisis, many of us were on the streets demanding the upholding of our Constitution, the rule of law and a fresh political culture. The Constitution is at the very heart of our Republic but we are deprived of our rights and freedom.
People expect those responsible for this attack on the very foundation of our country to be held accountable for their actions. The Supreme Court was very clear in its judgment that no one is above the law. We expect our representatives in Parliament to take note of the Supreme Court judgment and to take action against all persons responsible for unconstitutional acts. We also demand a new political culture. Many people thought this would have happened beginning in 2015, but clearly it hasn’t. People are tired of constantly being given a raw deal by their politicians. The people of this country deserve better,” he opined.

We expect politicians to take note of the Supreme Court judgment and to take action against those responsible for unconstitutional acts

Time for politicians to uphold rights of citizens

- Ruwanthie De Chickera

During the period of the Constitutional crisis, several groups took to the streets and protested in the name of democracy. Among these groups was a protest done by a collective of women representing various fields of expertise. The women joined during a heavy shower and handed over a petition to the President himself. Airing her views on the need to restore democracy, renowned dramatist Ruwanthie de Chickera, who was also an active participant at this protest by women, said that as Sri Lankans we are a long way from achieving democracy. “It is a long process. Politicians are still not held accountable for democracy. They are enjoying impunity, perks and benefits. But it is important to note that everybody is equal before the law. However, what is significant is that after a long period of being inactive or partially active, minority groups have started to fight for democracy. All citizens saw how easy it is for politicians to create chaos overnight and how shaky our foundations of democracy are. They have seen how fragile our democracy is and now they have begun to claim it as their own right. Now, different people are willing to fight for their principles.” said de Chickera.

She further said that the crisis isn’t over yet. “The citizens have to continue with holding politicians accountable for democracy. We don’t have a constitutional crisis anymore, but we now have a crisis in terms of democracy. It is a severe crisis in terms of leadership and governance. We saw how citizens stood by politicians during the period of the Constitutional crisis. Now that it has been solved, we have to question whether the politicians will standby the citizens in bringing about democracy. It would be interesting to see if they would continue with upholding the rights of the citizens. Every one who took to the streets had undertaken risks. There was a chance that people whom we were protesting against would have returned to power,” she said.

We saw how citizens stood by politicians during the period of the Constitutional crisis. Now that it has been solved

She further said that we have a morbid culture of politics. “The next steps depend on whether the politicians and the citizens would work together rather than against each other. Politicians have to show that they are responsible, decent and humble and are ready to accept valid criticisms against them. They should have the humility, honesty and integrity to acknowledge change. But if they don’t do that, people will have to protest against them,” de Chickera said.

Public should engage in civil rights activism

- Chandrasekaram

The main objective of protesting was to restore democracy rather than protect politicians or their interests said Visakesa Chandrasekaram, a fiction, screenplay and creative writer, a film director who is also practicising as a human rights lawyer, a community legal educator and a diversity practitioner in both Sri Lanka and Australia. “The public therefore should engage in civil rights activism. The crisis situation was an ideal opportunity for civil rights movements to participate in protests, write opinion pieces and engage in public discussions. The distance between communities has also minimized due to technology and the effective use of social media. There is another task vested upon the people. That is, as much as we allocate our time to sleep, for recreation and other purposes I think we also need to allocate our time for civil rights activism. If it doesn’t happen it will not become a priority for the people,” said Chandrasekaram.

When asked what immediate measures have to be taken to restore democracy, Chandrasekaram said that it is important to bring about stability in the government. “They should elect the cabinet soon. Then they should move a motion in Parliament to abolish the Executive Presidency and it should be done within the next six months. It’s important to ensure the rule of law. People now have some faith on the judiciary after its judgment. The law is equal to everyone and all criminals-those involved in the Constitutional conspiracy, those involved in the bond scam and other abductions and murders- should be punished.” he affirmed. Chandrasekaram said that in the long-term, it is important to establish the independence of the public service. “Everybody from the labourer to the executive officer should be appointed on a merit-based system. It is also important to ensure the independence of quasi-judiciary institutions and while doing all that we need to awaken the public,” he concluded.

They should move a motion in Parliament to abolish the Executive Presidency and it should be done within the next six months

Now, there are two Opposition leaders?

By Saman Indrajith-December 20, 2018, 12:17 pm

There were two Opposition Leaders in the current Parliament, TNA Leader R. Sampanthan told the House yesterday.

The TNA Leader, making a special statement, said that the Speaker had not removed him from the Opposition Leader’s post though the latter had announced the appointment of former President Mahinda Rajapaksa as the Opposition Leader, on Tuesday.

Sampanthan said that it was alleged that former President Rajapaksa’s parliament seat had fallen vacant as one month had lapsed since he ceased to be a member of the SLFP after obtaining the SLPP membership.

Sampanthan said:

"The person recognised by the Speaker as the Opposition Leader does not even hold the position of MP as of the date of such recognition. This again suggests the Speaker’s decision has been taken in haste and it is in violation of our Constitution."

The TNA leader said that the Speaker had recognised him as the Opposition Leader in September 2015 and August 2018 and that the Speaker had held that it was his final decision.

There was no need to recognise another person as the Opposition Leader in haste in a context where Cabinet was not yet constituted and the government was not yet formed, Sampanthan said.

The TNA Leader also maintained that appointing a member of the UPFA as the Opposition Leader while its Leader Maithripala Sirisena was the Head of Executive, Head of Government and Head of Cabinet was not acceptable and such matters should be sorted out through a Parliament Select Committee.

"I request that early corrective action in the interest of the country as a whole, be taken to preserve the sanctity of our Constitution," he told the House.

Following Sampanthan’s submission, TNA MP M A Sumanthiran tabled three newspaper articles dated Nov. 12 which carried the story of former President Rajapaksa ceremonially obtaining the SLPP membership on November 11. He pointed out this event was held two days after the purported dissolution of Parliament by the President.

Sri Lanka's prime minister returns, but 'crisis is far from over'

Despite the forced reinstatement of Ranil Wickremesinghe, Sri Lanka's political turmoil likely to continue, experts say.

by Zaheena Rasheed-18 Dec 2018

At the time of his stunning election victory in 2015, Sri Lanka's President Maithripala Sirisena claimed he would have been buried "six feet under the earth" had he lost that vote to incumbent Mahinda Rajapaksa. Yet, almost four years later, Sirisena was administering the prime minister's oath to his predecessor.

The October 26 move plunged the South Asian country into a protracted political crisis, with the sacked Prime Minister Ranil Wickremesinghe, who had helped Sirisena win the presidency, crying fouland refusing to step down.

For the next few weeks, Sri Lanka held its breath as tens of thousands rallied around the deposed leader, protesting against Sirisena's "unconstitutional power grab", and the ruling United National Party (UNP) fought successfully to prevent Rajapaksa obtaining a parliamentary majority.

Sirisena, however, remained defiant.

The "stubborn" and "arrogant" Wickremesinghe, he said, was not only "highly corrupt", but had also failed to investigate an assassination plot against him. "I will not stay on in office for even an hour if Ranil Wickremesinghe becomes prime minister," he reportedly said.

And when it became clear Rajapaksa did not have the parliamentary backing to form a government, Sirisena dissolved the 225-member House and called snap elections nearly two years ahead of schedule. Once again, the president's moves prompted allegations of constitutional violations and the Supreme Court stayed that decree.

Sri Lanka - PM Wickremesinghe reinstated after weeks of crisis (1:51)

The restored parliament immediately passed two no-confidence motions against Rajapaksa. Still, Sirisena refused to back down.

"I will not make [Wickremesinghe] prime minister … not in my lifetime," he said in late November.
Then, on Sunday, nearly two months after he triggered the turmoil, Sirisena, humiliated by a series of court interventions, walked back on his vow and reinstated the deposed prime minister.

The country breathed a sigh of relief and tens of thousands of green-clad UNP supporters turned out to celebrate in the capital, Colombo.

"The return of a constitutionally-sanctioned government in Sri Lanka, and the ultimate defeat of a slow-moving coup, was a major victory for the country's embattled democracy," said Alan Keenan, Sri Lanka project director at the International Crisis Group.

"But Sri Lanka's struggles are far from over," he said. "Peace is clearly not restored."

That's because the three key players in the conflict - Sirisena, Wickremesinghe and Rajapaksa - remain at loggerheads amid enduring differences - particularly over economic policy and constitutional reform, as well as accountability for war crimes and corruption.

WATCH: Sri Lankan PM Wickremesinghe seeks new political alliances (2:37)

Unrepentant

The current deadlock was only broken following a series of rulings by the Supreme Court.

In a unanimous decision last week, the top court found Sirisena's decree to dissolve parliament illegal. The seven-member panel said the parliament, which sat for the first time in August 2015, could not be sacked until four-and-a-half years had passed since its election. The next day, in a separate case, it upheld an interim decision by a court of appeal to bar Rajapaksa and his cabinet from holding office, owing to the no-trust motions.

The embattled former president, who still remains popular with Sri Lanka's Sinhalese majority for ending the country's 26-year-war against Tamil separatists, finally resignedon Saturday.

But he vowed to thwart Wickremesinghe's reform agenda, which he claimed included a draft constitution that proposed devolving power to nine federal provinces - a move members of the Tamil minority have long lobbied for.

"We will bring the forces opposed to the country down to their knees by organising the people," Rajapaksa, who served as president from 2005 to 2015, said.

Rajapaksa (left) and Sirisena (right) were likely to disrupt the UNP government, say analysts [File: Dinuka Liyanawatte/Reuters]

Sirisena, too, appeared unrepentant. In a statement hours after Wickremesinghe's reinstatement, he said his opinion on the newly returned prime minister has not changed. He said he only invited the deposed leader to form a government because he "respects parliament traditions and democracy".

"Even if I am impeached and even if I am imprisoned, history will judge me favourably for making the right decision," he added.

Relations between the pair were not always this way. In 2015, Sirisena and Wickremesinghe took over government promising to crack down on corruption and ensure justice for wartime atrocities.

But their relationship soured as they clashed over economic policy, with the president unhappy over Wickremesinghe's proposals to sell off state assets, such as key ports, to foreign companies. At the same time, Wickremesinghe was linked to a corruption scandal in which a central bank governor he appointed was accused of manipulating bond auctions, causing millions of dollars in losses to the state.

Amid the infighting, Sri Lanka's debt-saddled economy slowed further, leading to widespread anger.

'Let people decide': Sri Lankans want a vote as crisis drags on

Sirisena, meanwhile, moved to shield soldiersaccused of war crimes during the country's bloody war, which ended in 2009. He said Wickremesinghe had arrested only government troops, and not looked into prosecuting former Tamil rebels living outside the country.

Things came to a head in October, when an activist, citing information from a senior police officer, spoke to reporters of an alleged plot to kill Sirisena. It was Wickremesinghe's alleged refusal to investigate that plot, according to Sirisena, that led to his dismissal.

"They [the authorities] displayed utter lethargy," he told the Ceylon Today newspaper in November.
The president on Sunday maintained that his decision to sack Wickremesinghe was in the interest of the country, but now, he said, he "would like to work with this government without conflict".

'Tactical retreat'

However, given the breakdown in relations, it is hard to see how Sirisena and Wickremesinghe could work together again, said Asanga Welikala, a Sri Lankan law professor at the University of Edinburgh.

Describing Sirisena's decision to reinstate the deposed prime minister and Rajapaksa's resignation as a "tactical retreat", Welikala said the pair will now "go back to politics as usual". Their strategy until the next general elections, due in late 2020, will be to "create chaos" and "derail the UNP government", he said.

Shreen Saroor, a Muslim human rights activist, agreed.

"This is going to get ugly. It's going to be very tough," she said. "The opposition is going to block everything and make the country ungovernable." That's because the UNP does not have the parliamentary strength to buck the opposition, she said.

The party commands the backing of 103 legislators, but does not have the two-thirds support - even when counting votes from the 14-member Tamil coalition, which allied with the UNP on the motions against Rajapaksa - to push through its economic and constitutional reforms.

Wickremesinghe's (centre) government faces a difficult path ahead [Eranga Jayawardena/AP]

That could paralyse the UNP government, which could lose any edge it may have gained over the past seven weeks.

Saroor, who led civil society protests against Sirisena's moves for seven weeks, said she also feared Rajapaksa may also turn to "demonising and terrorising" the minority Tamil and Muslim communities to improve his electoral prospects with the country's Sinhalese majority, who make up 74 percent of the island's 21 million people.

Faced with the prospect of an unruly opposition, the UNP could take two paths, analysts said.

If the party wished to retain its recent growth in popularity ahead of the 2020 elections, it must take concrete steps to reduce economic pressures on the country's poor, crack down on corruption within its own ranks, and provide reparations to victims of war and conflict.

"That Wickremesinghe can do without Rajapaksa or Sirisena," said Saroor.

But Keenan, at the Crisis Group, cautioned: "This will not be easy."

The ideal scenario and the sensible thing, said Welikala, at the University of Edinburgh, was "for Wickremesinghe and Rajapaksa - even if its without Sirisena because he has been weakened - to sit down and come to an agreement to abolish the executive powers of the presidency and hold general elections".

"But I do not know who can mediate that. It doesn't look very good," he said.

Additional reporting by Rathindra Kuruwita in Colombo

Fruits, flowers and futile triumphalism at Galle Face?

HOW GREEN WAS MY RALLY: As a triumphalist gesture, it was a great excess for the UNP to indulge in. With that said, it probably sent out all the right signals to the watching world. So the GOP and its savvy grandmaster are back at the great game of global politics – Pic by Shehan Gunasekara

Wednesday, 19 December 2018

Every morning, I play voyeur and watch that nice neighbourhood uncle pluck flowers to pooja-fy his guardian deities. He is quite religious about it. And industrious to boot. The problem, of course, is that he doesn’t restrict himself to his garden. Looking every inch an encroacher, he nimbly helps himself to blooms blossoming in his best bud’s garden patches. I draw a circle in the sand for him in re mine. There is such a thing as a bridge too far. Good fences make good neighbours.

I was reminded of the art of overreaching oneself when I read about the grass-tramplers at Galle Face Green two evenings ago. But whether it was an act of self-indulgence or self-preservation I could not tell immediately. Since the democratic victory delivered by the courts less than a week ago was being interpreted by the greens as a triumph for their party and its evergreen leader, I suppose there was a touch of self-indulgence to it.

However, because one suspects that the savvy grandmaster of GOP politics has his eye on the global scene, one has to admit that there was a smidgen of self-preservation in the ‘democratic convention’ in plain sight of that eyesore, the Port City. Therefore let us not to the marriage of true minds – not – admit impediments.
Ire

Of course, there are personal as well as planetary dimensions to be taken into account. No doubt the dressing-down that an evidently irate president gave the greens at the swearing-in of their beloved leader as prime minister again was a premier cause for the UNP leadership smarting a bit, under the grim smiles and good-natured nodding at the madness of our newfound king. In noting how the turf lies across the Indian Ocean though, our now once again de facto premier probably had bigger fish to fry than the blue whale who’s acting like a big baby in his – the PM’s – backyard.
Too far
And then again, there’s the not-so-great-game of realpolitik being played once more at the taxpaying, Supreme Court worshipping citizens’ expense. While the UNF has got religion and become holier than thou all of a sudden in its desire not to impeach the President, the grass is always greener on the side of their presidential ambitions. However much the restored Prime Minister may preach democracy abroad, he is a tyrant at home… to his party in particular and Government in general. Therefore, we would not put it past him to engineer a broad alliance with the SLPP and rump party dissidents deserting the leaking SLFP ship to impeach Public Enemy No. 1.

I wouldn’t put it past Ranil Wickremesinghe to even subvert democracy to achieve his larger personal and partisan agendas, but that would be – again – a bridge too far. Since there is no proof there he was an agent in operationalising the coup to make Maithri the villain of the piece and Mahinda the village hero redux!
GOP
Until and unless the UNP really comes to the democratic-republican party that the Supreme Court and its sister judicial magistracies threw, they will also remain suspect. Their credentials as a party that has the united national interest of the country is at stake – as much as their future as a force for social transformation through constitutional reform, an equitable redistribution of power and instrumentality in the body politic, and transitional justice.

If the Grand Old Party continues to subscribe to liberal politics and neoliberal economics, it will no doubt win friends and influence financiers in the West. If it enrols old buddies into key fiscal and fiduciary positions in the new government, it will make fresh enemies in the rest of the country not already under the Rajapaksa regime’s yoke.
OBN
You know, in many respects, there is not much difference between that flower-plucking neighbour and the plug-ugly uncles in the UNP. Both of them, for reasons personal/religious and partisan/republican, are stealing other people’s rightful property. Uncle Ajith I can curb with my faithful hound Frodo. Pl tell me, dear people of our newly-restored democratic-republic, how best we may keep the flower-pluckers of the Grand Old Party at bay? Media hounds? Civil society? Courts again?

For one, we must be vigilant that they don’t bring the usual suspects in the Old-Boy Network back into any positions of power, influence, mainlining, progress – through the back door – under any pretext whatsoever. You know whom I mean. Then again, there’s that burgeoning cabinet where the biggest rats in the history of bilge-water are being accommodated in UNP ranks for love of lucre, realpolitik and future gerrymandering. Last but by no means least, there’s the one sole solitary (OK you get it) consideration under which we could let the green hornets at Galle Face Green off the hook just this once.

It is that we are all for the moment at least savouring the fruit of a two-month-long resistance against a dastardly coup driven allegedly by China’s “deep pockets” (if we’ve read the writing on the wall right). So it is important to shout out the gospel of deliverance to our former friends in the west. If the grass is greener over the septic tank, it’s because there’s a heavy top soil of rich pay-dirt under that patina of restored democracy; and our republicans are the roosters who climb their own dunghill to crow loudly about it.
(Journalist | Editor-at-large of LMD | Writer #SpeakingTruthToPower)

JVP moves to abolish Presidency

Debate to continue in Parliament today:

Disna Mudalige-Camelia Nathaniel and Amali Mallawaarachchi-Wednesday, December

JVP member Dr. Nalinda Jayatissa moved a motion calling for the abolition of the Executive Presidency yesterday. The motion was debated yesterday and is to be taken up for debate in the House today as well.

Dr. Jayatissa moving the motion said the majority of people want the Executive Presidency abolished. People have understood the disadvantages of this position during the last 50 days, he added. “It is our responsibility not to miss this opportunity.” he said.

Jayatissa also said that it has taken 40 years for all to understand what Dr.N.M. Perera said when the Executive Presidency was introduced.

He said the late Dr. N.M. Perera questioned what would happen if this executive presidency falls into the hands of a mad man, and now after 40 years we understand what he said, Jayatissa told Parliament.

Dr.Jayatissa said people should be allowed to take a decision on the Executive Presidency at a referendum. He also pointed out the 1978 Constitution, which has undergone 19 amendments, have never been brought before the people.

Jayatissa also said that almost all post-1978 election manifestos promised to abolish the Executive Presidency.

Seconding the motion, JVP MP Vijitha Herath said that this is a good time to abolish the Executive Presidency. He also pointed out that the President at present is acting as if he had unlimited powers.
MP Herath also pointed out that there are two myths entertained by the citizens of the country with regards to the Executive Presidency. One of the myths, he said, is the assumption that the Executive Presidency defends the minority of the country. The second, Herath said, is the belief that Executive Presidency stops the country from being divided. “Now, has the executive presidency protected the Tamil, Muslim and other minorities? For over years it has been proved that the post does not. Which post destabilised the country in the last 50 days? It was the executive presidency. Some opportunist politicians have misled our Maha Sangha about this Executive Presidency as well. We kindly urge our Maha Sangha not to be misled by such opportunists.”

MP Herath continued.

Herath also pointed out that the country needs to strengthen national unity and ensure equality for all communities. We should strengthen democracy and with centering power on an individual shall not take us there, Herath added.

Herath said that examples are available from J.R. Jayewardene to R. Premadasa, Chandrika Bandaranaike, Mahinda Rajapaksa and Maithripala Sirisena that the Executive Presidency has failed the people.

The JVP presented to Parliament a bill titled 20th Amendment to the Constitution to abolish the executive presidency last September.

Mahinda relinquished premiership only after a promise from Ranil

December 18, 2018 by

“President Maithripala Sirisena, as well as Mr Ranil Wickremesinghe, should be held responsible for not acting according to the mandate given by the 6.2 million voters at the 2015 election. We challenge Ranil Wickremesinghe to establish the two other special high courts by January 2019 and to have all three special high courts functional.

However, we are definite that Ranil Wickremesinghe would not do anything against members of Rajapaksa family and his henchmen. Mahinda Rajapaksa relinquishes the post of premiership with the promise from Ranil Wickremesinghe that no legal action would be taken against them,” said JVP Kalutara District Parliamentarian Dr Nalinda Jayatissa speaking at a meeting held in Kalutara yesterday (17th).

Speaking further Dr Jayatissa said, “The 50-day political conspiracy has been concluded. We don’t know whether those who demonstrated against the Speaker for not accepting Mahinda Rajapaksa as the PM would now demonstrate against the judges of the Supreme Court and the Court of Appeal. We would like to know what those who had said the dissolution of Parliament was correct are saying now. They would not get together to insult the Chief Justice and other judges.

The likes of Weerawansa and Gammanpila say tigers will rise up as soon as Mahinda withdraws from the Premiership. If so, tigers have not been vanquished as Gotabhaya Rajapaksa had boasted. Maybe tigers are being kept at Madamulana and Wijerama so that they could be released whenever Weerawansa and Gammanpila want them to rise up.

If Mr Ranil Wickremesinghe has an iota of gratitude for the sacrifices the people in this country made to save democracy, he should intensify the process to punish fraudsters and the corrupt. It was Ranil – Sagala clique that cuddled fraudsters and the corrupt. The plan was to split the SLFP and to get the advantage of such a split. The result of not taking any action against the thieves was that the thieves took over the government.

Prof. Maithree, Misogyny & UNP

By Jagath Asoka –DECEMBER 19, 2018

Dr Jagath Asoka

I was somewhat stunned to hear that none of the frontline female politicians of the UNP — Rosy Senanayake, Chandrani Bandara, and Hirunika Premachandra, Thalatha Athukorale — were invited to speak by the organizers at the massive public demonstration organized by the UNP at Galle Face Green recently. Is it gynophobia, misogyny, ostracism, shunning, or a combination? Who had the power and influence to change this flagrant stupidity? Ranil, Prof. Maithree, was it sincere ignorance or conscientious stupidity? So far, I have not heard any complaints from women who were at the demonstration. Here we are dealing with the “riddle of femininity”: What do women want, especially in Sri Lanka? What do I know? I am just a man who lives 14,161 km away from Colombo.

This incidence reminded me of the following: “Let your women keep silence in the churches: for it is not permitted unto them to speak; but they are commanded to be under obedience as also saith the law. And if they will learn any thing, let them ask their husbands at home: for it is a shame for women to speak in the church.”

“Let the women learn in silence with all subjection…For Adam was first formed, then Eve.”

Sometimes, I wonder the veracity of the Sri Lankan saying: “ගෙදර බුදුන් අම්මා.”

Well, I am like Will Rogers: All I know is just what I read in the papers, and that’s an alibi for my ignorance. I recently read that Ranil Wickremesinghe’s wife, Prof. Maithree Wickramasinghe, intervened and cancelled a dinner organized for the UNP Parliamentary group at the Temple Trees by insisting that all MPs eat the same ‘Rice packets’ distributed to 5,000-odd supporters gathered at the Temple Trees premises. WOW! I was impressed. This story revealed her influence. She was at the forefront of some recent protests organized by the UNP supporters.

Look at Prof. Maithree’s resume; she has over 25 years of experience in formulating gender equity and equality policies/strategies, conducting gender sensitization trainings and evaluating women’s and gender programs for local and international organizations. She has delivered keynotes and addressed plenaries at academic and professional fora in the US, Spain, Kenya, India, Pakistan, South Korea, and China. Isn’t is ironic that she did not notice what these jokers were doing to Sri Lankan women? That’s an emphatically un-empathetic response. I am not blaming Prof. Maithree, but probably she is the only person who can reprimand these jokers. I just want to know what Prof. Maithree, who is an advocate in gender equality, has to say about this recent incident: Apply the same attitude of “rice packets.’

There was another incident. When Sri Lanka’s president—the first Buddhist-Taliban leader in Sri Lanka—re-imposed a four-decade-long ban on women buying alcohol, just days after his finance minister had lifted the restriction, did Prof. Maithree demand gender neutrality when this alcohol ban was imposed?

Even though Sirima Ratwatte Dias Bandaranaike became the first female Prime Minister in the world in modern history, when she was elected Prime Minister of Sri Lanka in 1960, and her daughter Chandrika Bandaranaike Kumaratunga served as the fifth President of Sri Lanka, the country’s only female president to date, leadership of women in politics is abysmal. What happened to the mother and daughter of an affluent and powerful family is not the norm in Sri Lanka. So far, UNP has nothing to brag about when it comes to leadership positions: women remain invisible. Sri Lanka ranks low globally on gender equality indices. There is a low political participation of women, especially in leadership roles. Here in the USA, the largest percentage of employed women (40.6%) work in management, professional, and related occupations where as female garment factory workers comprise the largest concentration of women in the labor force of Sri Lanka. Women hold 64% of seats in the lower house of Rwanda’s national legislature, the largest share of any country. For comparison, only 23% of seats in the U.S. House are held by women (ranked 103); in Sri Lanka, only 5.8% of seats are held by women (ranked 179). Prof. Maithree, what is your plan to improve gender equity in Sri Lanka? Are there any programs in Sri Lanka to promote leadership among women? Prof. Maithree, you should probably study what Rwandans did.

Solidarity could lift people out of poverty

2018-12-20

After more than 50 days of unprecedented political turmoil, the new United National Front government has recommitted itself to work towards its 2015 vision and goals -- a just, peaceful and all-inclusive society with interracial and inter-religious unity in diversity. Such pledges have often been made before and most people have become justifiably cynical. Thus we hope that Prime Minister Ranil Wickremesinghe’s government will practise what it preaches and preach only what it practises. More than ever before Sri Lanka needs political leaders who are gifted with the virtues of honesty and integrity with the grace to sincerely, sacrificially and selflessly serve the people, especially the millions who are caught up in a poverty trap. For too long, most politicians -- perhaps corrupted by power and the resultant greed to get more -- have been doing business in politics. This must stop and stern legal action taken against those found to be involved in bribery, corruption or other frauds.
These reflections come to mind as the world today marks the United Nations International Human Solidarity Day with the world body saying the new sustainable development goals (SDGs) agenda is centred on the people and the planet, underpinned by human rights and supported by a global partnership determined to lift people out of poverty, hunger and disease. It will be thus built on a foundation of global cooperation and solidarity.
According to the UN, today we need to celebrate our unity in diversity. It is a day for governments to remember their commitments to international agreements, a day to raise public awareness of the importance of solidarity, a day to encourage debate on the ways to promote solidarity for the achievement of the SDGs including poverty eradication and a day of action to encourage new initiatives for a more equitable distribution of wealth and resources.
Solidarity is identified in the Millennium Declaration as one of the fundamental values of international relations in the 21st Century, wherein those who either suffer or benefit least deserve help from those who benefit most. Consequently, in the context of globalization and the challenge of growing inequality, strengthening of international solidarity is indispensable. Therefore, the UN General Assembly, convinced that the promotion of the culture of solidarity and the spirit of sharing is important for combating poverty, proclaimed December 20 as International Human Solidarity Day.
Through initiatives such as the establishment of the World Solidarity Fund to eradicate poverty and the proclamation of International Human Solidarity Day, the concept of solidarity was promoted as crucial in the fight against poverty and in the involvement of the relevant stakeholders.
The concept of solidarity has defined the work of the UN since the birth of the organization. The creation of the UN drew the people and the nations of the world together to promote peace, human rights and social and economic development. The organization was founded on a basic premise of unity and harmony among its members expressed in the concept of collective security that relies on the solidarity of its members to unite to maintain international peace and security, the UN says. But there are major questions as to what extent these goals have been achieved, especially in this era of populism and extreme nationalism. For instance we regularly see United States President Donald Trump scoffing at the UN goals and even describing the vital issue of climate change as a Chinese hoax.
In Sri Lanka where people of four major religions live, we have the potential to achieve unity in diversity, poverty alleviation and make significant progress in the battle against global warming or climate change. What is lacking is good political leadership and example and we hope we will see that in the coming year or two when provincial, presidential and parliamentary elections are scheduled to be held.