Sri Lanka has countered HR allegations - Udaya Gammanpila
We never promised to devolve power
By P. Krishnaswamy-Sunday, 11 November 2012
In an interview with the Sunday Observer, JHU frontliner Prabath Udaya Gammanpila who is Minister of Agriculture, Minor Irrigation, Industries and Environment in the Western Provincial Council expressed his views as party legal advisor on a number of current issues, and the parliamentary motion to impeach Chief Justice Dr. Shirani Bandaranayake.
 Udaya Gammanpila |
He also spoke about his visit to take part in the 16th Session of the UN as member of the Government delegation led by External Affairs Minister Prof.G.L.Pieris where they were successful in effectively countering arguments of pro-LTTE separatist elements which are quite active in the international arena.
Excerpts of the interview:
Q: You attended the 67th Sessions of the UN as member of the Government delegation. What were the significant issues relating to Sri Lanka that were discussed?
A: The 67th UN Sessions were held last September and I was member of the Government delegation led by External Affairs Minister Prof.G.L.Pieris. We used the different forums, bilateral and multilateral, to effectively counter arguments forwarded by separatist elements which are quite active in the international arena.
We were able to explain on the baseless theories put forward by separatists forces. We also briefed them of the progress made by us in the post-LTTE era. Firstly, we apprised them of the facts that no country in the world has achieved what we have achieved in relation to terrorism. We have completely resettled all refugees and rehabilitated and sent 95 percent of former LTTE combatants who had surrendered back to their homes.
We have spent about Rs.150 billion for infrastructure development in the terrorism-ravaged areas. We explained these and our other achievements thus effectively countering arguments of separatists.
Q: Some political analysts are of the view that the stand of the Buddhist clergy, including the Mahanayake Theras, on affairs involving the international community should not be given importance by the Government because their knowledge on international affairs is limited. Your comments?
A: The Mahanayake Theras are the true leaders of the Buddhist community. They have been chosen to be the leaders of this community because of their versatility, maturity and in-depth understanding of the history of this country. It is an insult to say that these leading monks have no in-depth knowledge of international affairs. Buddhist monks are the cream of Buddhist society. They are scholars by nature.
They do not believe in unknown forces. Instead they are practising the philosophy preached by one of the greatest philosophers the world has ever seen. It is absolutely incorrect and an insult to say that they have no understanding of international affairs.
They are fully aware of what the international community's thinking and intentions are. They are also aware of what is going to happen in the future.
Q: A motion signed by 117 parliamentarians on impeachment of the Chief Justice (CJ) has been submitted and it has been included in the Order Paper of the Parliament for follow up action. Can you, as member of the UPFA constituent, clarify on the justification of the motion?
A: In fact, I am sad to hear about the fate of the Chief Justice Dr. Shirani Bandaranayake because coming from a rural and humble background she climbed the ladder and reached the top to become Chief Justice. It is the highest post in this country for a non-politician to achieve. All of us are proud of her achievement. She is the first woman Supreme Court Judge and first woman Chief Justice in South Asia. But, unfortunately, her recent conduct has been questioned by a team of parliamentarians. They have levelled serious allegations against her in the impeachment motion. The allegations include non-disclosure of assets, her involvement in cases with conflict of interest, abuse of power as Chairperson of the Judicial Service Commission and intentional violation of the Constitution. There are altogether 14 charges against her. These charges are serious enough to warrant an investigation.
Q: Certain politicians have questioned as to why action is initiated only against the CJ while no action has been taken against some of the politicians who are corrupt?
A: I do admit that the fact that there are some corrupt Ministers. But Ministers being corrupt and the CJ being corrupt are two different matters altogether. Because the CJ is a symbol of justice. She should be clean and lily-white. When there is a corrupt Minister to whom should the people complain? Is it not to the judiciary?
The judiciary would decide whether or not the Minister is corrupt. If the judiciary is also corrupt to whom can the people complain ? If judges take bribes and falter in meting out justice the people will not go to them. They will take to arms to administer justice on their own. We do not know whether she is corrupt or not. But there are allegations which need to be investigated into. If she is proved innocent she will be discharged from all these charges. If she is found guilty, the Government will have no alternative but be reluctantly compelled to remove her from this prestigious post.
“How can parliamentarians become judges? Are they qualified to pass judgement on the CJ? ” are other questions that are posed by some. In fact, the President is the Executive with the powers given to him by the people at the presidential election. Parliament exercises legislative powers of the people given to them at the parliamentary elections. Judges are also exercising a high level of authority. Who gave them that authority ? Nobody. People never gave them that authority. They are not elected by the people. According to Article (4) of the Constitution, Judiciary Powers of the people are vested with Parliament. Parliament has created the Judiciary and given powers to the judges. So the Judiciary is a creation of Parliament. According to the Constitution there are checks and balances.
If the President does something wrong we can take two alternative actions. The people can remove him at the next election or Parliament and the Supreme Court can get together and pass an impeachment to remove him.
If parliamentarians do wrong, either the people can remove them at the next election or the President can dissolve Parliament to send them before the people. But who is controlling the judges? If judges take recourse to wrongful acts who is going to punish them? That power has been given to the Executive and Parliament. Disciplinary control of the judges is vested with the parliament. Hence the parliamentarians have the capacity to administer the law. They are the people who made the law. If they can make the law why can't they administer it?
They have a duty vested on them by the Constitution to investigate any allegations against judges. Now there are serious allegations against the CJ. Parliament is duty bound to investigate into the allegations to protect the reputation of the Judiciary. Parliament has to perform its duty.
Q: Some countries, specially the USA, are continuing to exert pressure on the Government insisting on an early solution to the Tamil question. Do you believe that a solution could be worked out soon?
A: At the Universal Periodic Review on the human rights situation in Sri Lanka, the USA and India have made several remarks beyond their scope.
The USA has questioned the delay of a political solution. They know well that the Parliamentary Select Committee (PSC) became defunct because of the boycott of the TNA. But they put pressure the Government levelling accusations that Sri Lanka has failed to devolve power. The international community can review and question Sri Lanka's human rights situation because Sri Lanka has signed international treaties and covenants promising to protect human rights. But we have never entered into any treaties or covenants promising to devolve power. We have never undertaken to make Sri Lanka a Federal State.
There are no such international treaties at all. That is why there are only 26 federal states out of 206 nations. The USA should also ask countries like Japan, China, France and Norway which are unitary states to introduce a federal system of government.
That shows the USA's duplicity. India has also done the same. India too has no right to question the political structure of Sri Lanka. We have not signed any international treaty to do something to that effect. The USA has raised questions about the impeachment of the CJ. It is surprising because every other country is vested with powers over the disciplinary control of judges under their legislation.
In the USA, the Senate and the Congress have the power to remove judges through an impeachment. That is the case with India, UK, Australia and other countries. How can they question us when we are practising what they are practising? We are following the constitutional process as in other countries.
Q: They are also repeatedly accusing that we are delaying the implementation of the LLRC recommendations?
A: They are wrong. There are recommendations that have to be implemented by the Executive and most of them have been implemented. If there is a delay that is owing to the due legislative process.
The sovereignty on these lies with the people of this country and not with the LLRC.
The LLRC has done its duty of making recommendations. Our legislature should, through the Select Committee, assess the recommendations and formulate laws that may be deemed necessary. They have to be submitted before the people for obtaining their mandate. There is no delay as such in that implementation process as we see it. But certainly we cannot implement recommendations at the phase desired by others but we will implement them at our own phase.
Q: Remarking on concerns widely expressed over likely radiation threats to Sri Lanka from the Kudankulam Nuclear Power Plant in Tamil Nadu, Power and Energy Minister Patali Champika Ranawake has ruled out possibilities of any such threats. Your position on that?
A: I stand by Minister Champika Ranawaka on this issue. As far as I am aware, Sri Lanka has conveyed its desire to involve itself in India's assessment process over any likely threat.
But India has not responded so far. So the relevant authorities may take other suitable action because there are international treaties with regard to nuclear safety. If India does not comply with the international treaties, Sri Lanka may be compelled to invoke the protection assured under the Treaty.
Q: Some Muslim mosques have been targets of attacks, the latest incident having occurred in Anuradhapura. Your comments?
A: We do not accept any community, group or individuals taking the Law into their hands. That applies both ways. Attacking or demolishing a mosque is a violation of the law of this country. Similarly, if somebody builds a mosque in an unauthorised manner or unlawfully it should also be equally denounced. In the recent past what we found was that unauthorised constructions have caused a lot of religious tension. So all communities should respect the law of the land.
Q: In your view what should be the solution to the Tamil issue and what should be offered for the Tamils who have suffered long ?
A: We have repeatedly said that we are ready to listen to the Tamil leaders if they convince us with facts and figures on genuine grievances they have which need to be addressed and can be resolved once and for all with proposals that they put forward. We are willing to welcome such a proposition. Nobody but the Sri Lankan Government can solve their problems. So if they have problems, they should come and talk to the Sri Lankan Government instead of wasting their time with leaders in other countries.
