Continuing uncertainty, conflicting claims and counter-claims

Sirisena Act, Week 2:

Rajan Philips-November 3, 2018, 9:06 pm 

As the country heads into Week 2 of the Sirisena Act, the only certainty is continuing uncertainty. There are conflicting claims and counter-claims from the two sides of the parliamentary divide, and even from the same side. It is not clear whether Week 2 will bring any conclusive answers to the questions that have emerged and keep emerging after President Sirisena embarked on his clearly unprecedented political adventure. The Sirisena Act is unprecedented because never before has a Prime Minister been dismissed without a dissolution of parliament. It is also patently unconstitutional because a primary purpose of the 19th Amendment, adopted virtually unanimously by parliament and claimed by President Sirisena to be the greatest achievement of his presidency, was to specifically rescind the utterly arbitrary and unparalleled powers of the President (in the 1978 Constitution) for removing the Prime Minister and for dissolving parliament after one year of a general election.

The constitution as it now stands precludes the President from removing the Prime Minister at her or his whim, and from dissolving parliament within four and half years of a general election unless requested by a parliamentary resolution passed by two-thirds of its members. The two limitations underscore the separation of powers and the necessary balance between the executive and the legislature. Even in purely parliamentary systems the old advantage given to sitting prime ministers to call for dissolution at will has been purposively removed. In Britain a resolution by parliament with a two-thirds majority is now required to dissolve parliament within five years of a general election. The 19th Amendment is apparently modelled on that.

With neither party to the dispute asking the Supreme Court for a ruling (except for one public interest petition on the proroguing matter), the constitutional question triggered by the Sirisena Act is doomed to remain unanswered. The assertion that it is up to parliament to decide leaves open the precedent for a similarly impetuous act by a future President. Perhaps it is expedient now for either side not to ask the question and risk an unfavourable answer. It is quite possible that even if asked, the Court may just wash its hands off and say that it is up to parliament to decide. The judiciary might even mutter under its breath: ‘a plague on both your executive and legislative houses’. That would be a very fair obiter.

The non-committal position of the Attorney General also speaks volumes to the unconstitutionality of the Sirisena Act. And he is not without precedent. One of his more illustrious predecessors, Victor Tennekoon, somewhat similarly recused himself from appearing for the government in the first Constitutional Court case in 1973. Interestingly, the AG’s statement came a day after Minister Mahinda Samarasinghe had literally pulled a fast one and stolen a headline story with a purported legal opinion from the Attorney General’s Department in support of the President’s action.

The question of constitutionality will again emerge if the current standoff were to continue and if neither side is able to demonstrate a majority in parliament. The constitutional way out would be for the otherwise divided parliament to come together and muster a two-thirds majority support for a resolution asking the President to dissolve parliament and call for a general election. Of course, nothing prevents our President from enacting Act II - to dissolve parliament and call for an election, damn the 19th Amendment. But will the Commissioner of Elections, who has more backbone than all the spines in parliament combined, go along with a patently unconstitutional presidential act? He might either refuse to comply, as he should under the Constitution, or seek a remedy out of the mess by asking the Court. Finally!

Interestingly, the appetite for an election is not uniform among the current MPs. The hungriest group of course is the SLPP/JO contingent. The JVP is also calling for an election. The UNP/UNF has also implicitly agreed to going for an election in case it is not able to show majority support in parliament. The TNA may prefer a general election to a provincial election to avoid a home and home match with its one time Chief Minister CV Wigneswaran. The stranded outliers are Sirisena’s SLFPers. Not quite knowing whether they are coming or going in the new government, the chiefs among them lead by Nimal Siripala de Silva and Mahinda Samarasinghe have managed to come together at a press conference and stipulated that the Parliament cannot be dissolved even if the new government is defeated on a Vote on Account? They know they are safer in an extended parliament than in facing the wrath of the electorate. Where does that leave their only provider, the President?

The Loneliest Figure

Some of us have been keeping a running scorecard to monitor the shifts in party standings after Sirisena pulled the curtain on Wickremesinghe and started his own Act. There hasn’t been a deluge of any kind but significant leakage from the UNP/UNF to the other side. When President Sirisena began his ‘Act’, the party tallies in parliament were: UNP/UNF 107 (including the Speaker), SLFP/UPFA/JO/CWC/EPDP 96, TNA 16 and JVP 6. Since then there have been six defections from the UNP/UNF and one surprisingly from the TNA, pushing the JO/UPFA tally to 103, or two more than the UNP/UNF total now reduced to 101.

If there are no reverse defections to the UNP/UNF, the new government side will claim a psychological southern victory – that they have a majority without the TNA’s support. It is for this reason that Mahinda Rajapaksa has reportedly asked the TNA leader to stay neutral in their (southern) home and home contest. At the same time Namal Rajapaksa is also reported to be courting individual TNA MPs to defect. And he seems to have succeeded in teasing out at least one so far. The Rajapaksas are a clever bunch and are playing a watchful game.

They have left the grandstanding to Ranil Wickremesinghe and Maithripala Sirisena and are quietly taking control of the key portals of the State. No one from their side, other than Mahinda Rajapaksa, has coveted or received a cabinet position. Cabinet positions are reserved for SLFP doubters and UNP defectors. Their supporters are also alleged to have had a hand in manipulating the stock market to keep rallying in the midst of all the political unravelling. They are even keeping their intra-political lines of communication publicly open: to wit, the much reported meeting between Ranil Wickremesinghe and Gotabhaya Rajapaksa. The meeting apparently lasted only seven minutes, but its symbolism will be much longer lasting. It is also reported that Mahinda Rajapksa vetoed a suggestion by the President to forcibly evict Ranil Wickremesinghe from Temple Trees.

The loneliest figure in this continuing drama of uncertainty is also the most powerful person in the country: President Sirisena. Deservedly so! For who would have thought that what began as a pleasant political surprise in January 2015 would turn into a massive presidential misadventure in October-November 2018? Who would have thought Maithripala Sirisena, who double-crossed Mahinda Rajapaksa and joined forces with Ranil Wickremesinghe in November 2014, will on the fourth anniversary of that historic defection spurn Wickremesinghe for Rajapaksa in a show of political tantrum? Who would have thought that by firing Ranil Wickremesinghe, Sirisena would transform an icon of establishment inertia into a reluctant symbol of popular resistance? Who would have thought that in the same fell swoop, Mahinda Rajapaksa would be stripped of his Jana Balaya protest mantle and saddled with the unpopularity of propping up a rotting government? And who would have thought that the Constitution JR Jayewardene crafted so egotistically to provide stability and strength to the political order, would be wrecked so easily to end up providing neither stability nor strength but constitutional confusion and parliamentary paralysis?

Embedded in this confusion and paralysis are conflicting claims and counter-claims by all sides in the country’s political universe. Media outlets are publishing contradicting news reports of purportedly same events or stories. Political spokesmen from the same side are contradicting each other in the same news conference. You can imagine the message free-for-all in the social media, the main domain of ‘alternative facts’. On Thursday, there was a fleeting period of certainty that parliament would be meeting tomorrow. Even the markets responded with a spontaneous spurt; the rupee stood still and for a moment even rose a bit. Both went down as markets closed on Friday and the uncertainty for Week Two took a grip on the second weekend of the political theatre.

The day of reckoning seems pushed back to the prorogued date on 16 November. There are stories that Speaker Jayasuriya is trying to get parliament reconvened on Wednesday, November 7. What will it do if and when it meets? Who will be sitting where? Will there be a new Speaker - although the new government has apparently informed Mr. Jayasuriya that they would want him to continue as Speaker? Gracious, as well as smart – to neutralize a potential UNP vote! Will there be a ceremonial address by the President? Will there be a Vote on Account? Or will there a Vote of Confidence, or No Confidence – and on whom? Even an Erskine May or an NM Perera would find it difficult to find a procedural way out of the tangled web that President Sirisena has so childishly weaved. And no one is looking to him to find a mature way out of the mess he has created.

As I See It, The Future Of Sri Lanka 

By Gamini Dullewe –NOVEMBER 5, 2018

Every one of the 6.2 mil who voted Yahapalanaya, is in a quandary why PM Ranil Wikremesinghe nor President Maithripala Sirisena, did not take to task the Rajapaksas for Murder and Fraud with an abundance of evidence displayed in the Media, for the last three and a half years. Majority is dismayed and is despondent, why the Rule of Law was not applied to any one of them, thus allowing them to go scot free. It is my belief, that some hand, very, very powerful, restrained them from taking any action against the Rajapaksas, let alone to convict them but even to try them. This is my  conclusion, that possibly, it is a foreign force that twisted the arms of the PM or the President or both of them, not to take any action.

This force is not difficult to be identified as that of China in whose Debt, Sri Lanka is trapped, after China invested heavily in this country under President MR, who expected to continue the business dealings, but for the sudden removal of MR from power in 2015, with a half a million majority voting  to end his term abruptly. It was no secret that China and Sri Lanka under Yahapalanaya, the relationship was not cordial as before, during the time of MR. Some projects that had commenced during MR’s time, were suspended and recommenced again after a lapse of time. Sri Lanka was selected by China under their Road and Belt programme currently in progress.

In addition to the construction of the Hambanthota Port and the Mattala Airport, China had shown interest in the East side terminal of the Colombo Port which is adjacent to the new Port City that is under construction by the Chinese. India too had shown interest in the East side Terminal, due to significant Chinese presence in Sri Lanka, as a counter measure to safeguard their interest in the region. To discuss issues, PM Ranil Wickremasinghe met up with Modi the Indian President a couple of weeks back. This action of RW seems to have obviously infuriated China to take quick evasive action, to negate the proposal of the East side Terminal being handed over to India. The result was the Constitutional crisis that was created when MR was appointed as the Defacto PM in order to stall the process, until MR consolidates his position to regain the lost Political power. Many were bewildered why MR suddenly decided on the onslaught, when there was an opportunity anyway, to topple the Yahapalanaya Govt. with the impending Budget just round the corner. The indecent hurry to usurp power even violating the Constitution is the direct result of Chinese involvement. 

If MR did wait for the Budget to topple the Yahapalanaya Govt., he certainly would not have been the care taker PM as RW would have held the post and the govt machinery, till the General Election that would be held under RW. This would not have suited the desired plan of China, fearing that MR would not secure a comfortable win, to fulfill the Chinese agenda. Therefore to be certain of a comfortable win at the general election, MR necessarily had to be the Care Taker PM. Hence the Constitutional Coup d’tate. Next week when the Parliament meets, one way or the other, if MR as PM is defeated and removed, the President will dissolve govt and call for a General Election in three months. However if the UNP can avert the govt being dissolved by the irate President and reinstall RW to continue as the legitimate PM, what I foresee is mere conjecture. Three months will give ample opportunity for MR to consolidate his position, to romp home with a landslide win at a general election as the caretaker PM. What he will do is what he has already announced with no economic working or plan, that he will bring the prices of fuel and essential commodities down immediately without even batting an eyelid. MR will even reduce the taxes. This would be made possible from the financial assistance that he will receive from China, may be as a very long term loan on easy interest or sometimes gratis.

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MARA –SIRA junta to postpone parliament again as they haven’t the majority ! Law abiding citizens have no choice except lay siege to President’s residence and stage a sit in !!

(Lanka e News – 04.Nov.2018, 4.30AM) What no leader who ruled the country so far did to destroy the economy , peace , laws and the constitution on a scale that would never allow the country to be retrieved is being done by unpatriotic power greedy president Gamarala which is a clear confirmation of his earlier warning that he would set fire to the country before he is discarded. While the country is in dire problems and in a dismal state with the economy declining by the day ,yet owing to his latest ruthless self centered agendas and lawlessness he has once again decided not to convene parliament on the 7 th .

This is a scoundrel of a president who had all along been a byword for broken promises ever since he set on that presidential throne . He promised to America, Japan and other powerful countries he would re convene Parliament on the 5 th. and subsequently promised via phone call to the speaker the parliament will resume sittings on the 7 th

Thereafter on 1st night (day before yesterday) , the UN gen. secretary Guterres had to phone SL’s brute of a president and request to respect the country’s constitution , the lofty ideals of democracy and sovereignty of law , while also to ensure people’s security and safety in order to re stabilize Gamarala’s own motherland .

The president a perfect epitome of an ignoramus had replied he has done everything according to the constitution. Guterres in response has said , surely the country’s president should know the Sri Lankan constitution .

President Gamarala had said , however he cannot say the date on which the parliament will be reconvened , although it will be done. He had not promised to Guterres parliament will resume sittings on the 7 th .

That means the parliament will not be reconvened on the 7 th.

Instead of taking lawful measures to stabilize the country , every day MPs are being bought over paying staggering bribes while the television channels daily telecast such ministers being appointed on a dry ration basis . Their only dastardly goal is to postpone parliament sittings until they secure the majority by buying over MPs and by posing threats while the country is being driven into an unprecedented ruination.

If the first citizen and so called second citizen recently appointed of the country are conducting themselves as scoundrels while outrageously paying bribes to buy over the MPs most unlawfully , what is the purpose of having an independent Bribery Commission and the rule of law ? What is the worth of the religious leaders if they are to keep their eyes and mouth shut while the country is being fast plunged into anarchy before their own eyes owing to cruel leaders of the state ? .

Hon. Speaker in deep predicament …

President the first citizen is openly and dangerously violating the constitution. The prime minister the second citizen is unable to decide who is the prime minister . In these circumstances the third citizen the Hon. Speaker is unable to violate the constitution and of his own accord summon parliament .If he does that it is likely the entire country too can take the law into their hands . Might we remind even now the international community is respecting the UNF because they have always abided by the laws .

The speaker too is respected by the International community because his conduct so far has been most honorable and had given due place to state diplomacy. After the president has issued a Gazette notification postponing parliament , convening a parliament is illegal until another gazette notification is issued by the president. The speaker yesterday did what he could do within the framework of the laws when he summoned the MPs to parliament . On that occasion the MPs have signaled who is in the majority .

It is evident Pallewatte Gamarala is again going to break his promise and postpone sessions of Parliament further . He is a shameless two legged cut throat manimal who has become a byword for broken promises as he never honored the promises he made to the people .For such a shameless scoundrel of a president violating the constitution is simple.

Until the legislative assembly is convened we won’t give up the struggle

Under the circumstances the law abiding citizens have only one option :Lay siege to president Gamarala’s residence at Paget road , and stage a sit in protest never to get up until parliament is re convened.

That is the only course of action available to every Democrat and the leftists when there is no other avenue in the best interests of the country.

The forces who act constitutionally has no choice except to give protection to the followers of democracy . They have no right to follow unlawful orders because they have sworn on oath under the constitution they will safeguard it.

The aims and efforts of the people must be not to make any individual the ruler but rather protect the constitution which is being torn page by page ruthlessly and unlawfully by the president despite being the highest in the hierarchy ; and to see that the parliament is reopened. In that event , if the security forces abide by unlawful anti democratic orders , woe betide because such transgressors are going to be hauled up before the international criminal courts one day . When that happens even Sakkaraya(deity) cannot rescue them !

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by     (2018-11-03 23:13:58)

Does Sri Lanka need a Magna Carta?

We did not experience any political or military coups in Sri Lanka. Burma, Pakistan and Bangladesh all had military coups in the past, but Sri Lanka has been protecting its democratic tradition and rule of law until Mahinda Rajapaksa came to power.

by A Sri Lankan Patriotic from London-Nov 3, 2018

( November 3, 2018, London, Sri Lanka Guardian) In old days, kings in England thought they had divine rights to rule. Kings exploited people with land taxes and levies. People’s freedom and liberties were limited. They were forced to live as salves in those old days in England. People fought for their basic human rights and liberty. In 1215, King John of England agreed to compromise and reconcile with church leaders and barons. As result of this compromise a peace treaty was singed between king John and the rebellious barons of his time. This was called Magna Carta or Maga Charta: the great charter of liberty and freedom. This charter was designed as a “practical solution to the political crisis” King John faced in 2015. One of the main principles of Maga Carta was “everybody, including the king, was subject to the law and it is argued that Magna Carta remains a cornerstone of British constitution and Parliamentary system. It has been described as “The greatest constitutional document of all times- the foundation of the freedom of the individual against the arbitrary authority of the despot”. Since establishment of this Charter, kings and public developed some kinds of mutual understanding. Moreover, this charter laid some legal and political precedents to be adopted in successive ruling system in British politics. It is argued that US constitution is designed on the political and legal values derived from Maga Carta.

Many European countries managed to put their politics right. The most important component of the success of the western civilization are “democratic tradition, the rule of law, freedom, liberty, and civil society”. All these political concepts are developed in many western countries and yet, we in third world countries do not have such historical democratic traditions. We Sri-Lankans need some disciplines in our politics. We must follow rule of law in Sri Lanka. We do not have any historical document such as Maga Carta in Sri Lanka and yet, we have been protecting democratic traditions for more than 70 years now. Even before the independence, we had some good political and administrative systems based on British westerniser political model. Unlike many other Asian countries, we have been protecting democratic traditions since independence. We did not experience any political or military coups in Sri Lanka. Burma, Pakistan and Bangladesh all had military coups in the past, but Sri Lanka has been protecting its democratic tradition and rule of law until Mahinda Rajapaksa came to power. He changed all democratic traditions and introduced some dictatorial traditions in Sri Lankan politics.

There is no point in hiding those facts. The entire Sri Lanka knows how and why he manipulated political, legal, economic and administrative made up of Sri Lanka. Since he came into power, democratic traditions and the rules of law are buried under the carpet. Politicians are bought and sold in public market for money from one political party to another to win the majority in Parliament. This is nothing but a mere political deception. This is nothing but mere political fraud. Unfortunately, this is done openly in this virtual world of modern information technology. Unlike in the past, politicians cannot hide their wrong doings in these days. Social networks, and media expose all these political corruptions every minute so, they cannot hide them now. The entire world knows what they do and how they do it.

What is happening in Sri Lankan politics these days clearly illustrates that we do not follow any democratic traditions and rule of law. From the executive president to ordinary local councillors in Sri Lanka do not respect democratic traditions and rule of law. Each politician takes law into their hands and manipulate letters of the constitution to suit their political greed and power grip. What takes place in Sri Lanka now is nothing but mere political manipulation without any regard to rule of law.

It is not my intention here to judge which party is right and which party is wrong, but my intention is to highlight the implications of the continuous political uncertainty in my mother land. I’m one of Sri Lankan expatriates who love to see a flourishing Sri Lanka. It is my humble opinion that Sri Lanka is one of the best countries in the world with huge rich natural and human resources and potentialities for further rapid progress and development. We would not need more than a decade (10 years) to make Sri Lanka one of the fast-developing nations (developed nations) in Asia. We could have been far better than Singapore by now, yet, unfortunately, Sri Lanka did not get good political leadership since it got impenitence in 1948.

To be honest both UNP and SLEF parties used their political manifestos to strength the political interest of their parties rather than national interest of Sri Lanka. For the last 70 years, the Sri Lankan national interest is undermined or overlooked by both political parties. Moreover, recently politics has become as a money-making machine in Sri Lanka. Politics has become a huge business enterprise in Sri Lanka. Billions of public monies are looted by members of both political parties. The so called “Yahapalana” government came into power with a promise of punishing all who are connected with corruption and fraud and yet, “Yahapalana” government become more corrupted government than any previous governments. For M. Sirisena his political survival is more important than national interest of Sri Lanka. For Mahinda his family’s political survival is more important than the national interest of Sri Lanka. I do not how and why Ranil made a terrible mistake on the central bank issue. I know Ranil is an honest and able politician than Mahinda and Maithri yet, he made some political suicide in the last 3 and half years. First, he failed to punish all corrupt people as he promised and secondly, he made a terrible mistake on the issues of Central bank. With the Central bank problem, he lost his credibility in politics. He misjudged shrewdness and craftiness of Maithri. Yet, Ranil is far better than MS and MR in protecting democratic values and traditions. His talk at Oxford union recently illustrate what kind of government he wants to establish in Sri Lanka. He has been emphasising that Sri Lankans must uphold democratic values and rules of law. Yet, MR and MS want to grab power by any means.

Maithri is making a political suicide. Maithri will be regarded one of ungrateful politicians in Sri Lankan history. He won the last presidential election in 2015 with the support of 6.2 million UNP voters. In fact, he is an UNP elected president. To go against the wishes of 6.2 million people is not acceptable at all. In fact, 19 amendment is made to limit the power of executive president. Without the majority support in Parliament he cannot remove PM as he likes. But, to protect his personal political interest, he went against his wishes of people and parliament to dislodge PM in an-undemocratic way.

Unfortunately, Ranil and his UNP cohort failed to gauge the shrewdness and craftiness of Maithri. Maithri is not a clear politician and yet, he is a good political opportunist to exploit political loopholes. He managed to make use of UNP support and some SLFP faction to be elected as a president and yet, he is ungrateful to all this support now. He is applying the political dictum that says, “We do not have eternal friends or eternal enemies in politics, but we have eternal interest in politics”. That is what exactly happening in Sri Lanka. Politicians put personal interest over national interest. What is why Sri Lanka ended up in this wrong political road map. Since the independence we could create an efficient political culture in Sri Lanka. Both parties are milking the system for their personal gains at the expense of the national interest of Sri Lanka.

Today, in this modern today, the political stability is a must for development. Without good political leadership we would have seen any rapid development in Singapore or Malaysia. Bad politicians can robe the national wealth as we see in many Middle Eastern countries. Yet, good politicians could create wonders of development in any countries today in this modern world. Singapore does not have land as we have, it does not have natural resources as we have and in 1965 GDP was better than theirs. Today, where do they stand in world economy and where do we stand in world economy? It was a good political leadership that ushered the country into right direction of development and progress. I will give you just one example to illustrate this point.

We and Singapore built national airports in 1960s, but can we compare Singapore Air port with Sri Lankan Airport today? How many flights land in Singapore international Airport today? How many flights land in Sri Lankan international airport? It is said that one of the main secrets of Singapore’s rapid development is its International Air ports. He earns millions of dollars from landing fees from European airlines that land at Singapore for refuelling. The Singaporean political leadership had a vision in their minds how to develop their country. They put the national interest over their personal interest. But what did our politicians do? They put their personal and family interest over national interest. Our politicians do not take experts advice when they do mega projects in Sri Lanka. Sri Lankan geographical location is ideal location for refuelling for far-East flight from Europe and yet, we failed to develop Colombo International Airport with all facilities to land modern big flights. Singapore with its good political leadership made use of this golden opportunity to develop their Airport and their country. Good luck for them but we do not have such efficient political leaderships to take this nation forward as Singapore does have. This is a glimpse of all other development programs. Today, political leaders could develop countries or destroy countries. Politics controls every aspects of human life in modern day. Today, each citizen engages in politics willingly or unwillingly. Therefore, each citizen looks for a good government to protect basic human rights and needs. Unlike in the past, today public knows about politics, they know about their rights, and their freedom. Politicians no longer can fool public.

It is a duty of each Sri Lankan to clean up Sri Lankan politics. University academics, students, school teachers, school students, civil societies, professional societies, monks, priests’ other religious leaders, doctors, health professionals, Engineers, accountants, civil servants, and all other public have a moral duty and responsibility to elect good MPs. Today, we do not have a viable system to elect MPs in Sri Lanka? Any one with or without qualification could stand for any election in Sri Lanka. Now we have more than 50% MPs in Sri Lankan parliament without good academic or professional qualifications. Consider Singapore parliament members. How are they qualified?

Continuous political uncertainty could ruin the country and therefore in the interest of Sri Lanka, public ought to act fast to make sure good and honest political leaders come into powers. If we do not do that, the country could end up in a dictatorial rule that would destroy the future of next generations. Failure of UNP and SLFP will be exploited by any third political parties. Today, there is no any single political party is stronger than JVP. I compare them with Imran Khan’s political party in Pakistan. No one expected his party would better in the last election, but he did. Why? People in Pakistan were fade up with two major political parties. Both main political parties did not work for public rather party members accumulated wealth and most of them were corrupted politicians. People wanted to teach them a good lesson in politics. They sent most MPS home in the last election. I compare this with Sri Lankan politicians. People are fade up now. In any future election I predict many JVP members will be elected. They have skills, qualifications, talent, above all, dedications to change the political map of Sri Lanka.

The wrongdoings and blunders of UNP and SLFP are exposed to public now. People have no confidence in both parties. People know that many MPS are crooks today. People will replace them soon with many JVP MPs in the coming election. People can no longer tolerate the political mismanagement. We are living in this modern world and politicians no longer hide the truth from publics and political systems must have honesty and transparency in this modern world. There is no place for crooks and thieves in this modern world. Sri Lanka does not need any Arab spring, but it needs some political revolution and perhaps, it needs some thing like Magna Carta type declarations to honour promise made by politicians during election campaigns. Both UNP and SLFP tell lies to win election and many election promises are broken now.

All what Sri Lankan people want is to have a good governance. People want to have a stable government to see prosperous Sri Lanka. Yet, it looks that Sri Lankan will descend into political chaos. As Shyamon Jayasinghe argues that “The Issue is not about keeping Ranil Wickremasinghe or getting Mahinda Rajapakse back, that issue can be fought in the normal battle of competitive politics. The battel can not be done through medium of conspiracy to violate the constitution and democratic process”. If MR succeeded in this political manipulation it will imprint a bad political precedent in the hearts and minds of Sri Lankan youths. It will give them a bad impression about Sri Lankan politics. Politicians will lose their respect and dignity not only among public in Sri Lanka but also among Sri Lankan forces. Sri Lankan forces will not respect political leaders if they grabbed power unconstitutionally. Sri Lankans live with consciousness of their hearts. They do not like to go against their consciousness. So, even if MR and MS formed a government, it would not last for a long time, people go against it at some points. People will not go against their consciousness to support corrupt political leaders in Sri Lanka. It is against their instinct to do so. Each Sri Lanka knows who steals public money and who loots public fund.

Therefore, I do not think that MR and MS could last for a long time. Moreover, many political parties are against them. They would not be able to sustain their rule for a long time. After all, they buy many MPs with money.

We all know that Sri Lanka is trapped in geopolitics of Asian nations. China and Pakistan have already congratulated appointment of Mahinda as a new PM. It tells us how countries around us want to make political gains from government changes in Sri Lanka. Recently, Ranil Wickremasinghe outlined some of his foreign policies in his talk at Oxford University. He outlined that there are 4 major political alliance in the world today: Western alliance, Chines and Russian alliance, Asian alliance and the Arab and Muslim countries. He argues Sri Lanka as a small country needs the help and support all these 4 political blocks. He argues that it is imperative that we maintain a healthy diplomatic and business relationship with all three blocks without ignoring any of these blocks. Yet, Mahinda does not care about this, all what he needs is power at any cost. He does not care about democratic tradition and rule of law. That is why he goes along with China to grab power in Sri Lanka with Chinese support.

I personally think this chaotic political situation will increase vote banks of JVP. I expect that JVP will get 20-25 seats in the next general election. JVP will be come one formidable political force soon with this political uncertainty. More importantly, educated youths will join JVP in thousands. That is what exactly happened in Pakistan. People are fade up with main political party and they voted for Imran Kahn’s party. That could happen in Sri Lanka too. All what JVP needs is the support of academics, religious leadership, civil groups, and other professional groups. JVP is gaining popularity day by day at speedy rate. So, there is no doubt this political chaos will give birth to an honest political force. Now in this modern age of information technology, changing the minds and hearts of people in politics is not a difficult task. Unless UNP and SLFP set good example and follow the rule of law, they will make a collective political suicide in Sri Lanka. I expect many unqualified MPs will lose their seats in the coming election. It is imperative to Sri Lanka cleans its politics soon, if we want to compete in this modern competitive world. Otherwise, we will soon become one of failed nations in Asia.
It is a duty and responsibility of learned religious leaderships to act swiftly on this issue.

It is a duty of responsibility of honest academics, political scientists, legal experts and intellectuals to guides political leaders honestly in the interest of nations beyond their personal interest.

It is a duty of military leadership to be vigilant and maintain law and order. Moreover, not to take any side in politics. They must act objectively without any prejudice.

Above all, Sri Lankan politicians of all parties should use their common sense and behave with responsibilities. They should not play with the lives of 22 million people for their personal interests. They should not think that Sri Lanka is a piece cake to eat as each political party like. All of them so have some moral duty to act with social responsibility in this crucial time in Sri Lankan political history. All this chaos begs one important question about the quality of people we send into parliament in Sri Lanka. The quality and academic qualifications of MPS have dramatically gone down in Sri Lanka. All these issues must be taken into account if we really want to see any meaningful change in politics in Sri Lanka. I hope and pray Sri Lanka comes out of this political mess soon.

Disruption and Consolidation of Power From the outset-including after the Parliamentary Elections -the Unity Government disregarded its promises

 

2018-11-05

he power grab and subsequent events over the last ten days are but the culmination of a plan of action that Mahinda Rajapaksa put into place following his defeat at the Presidential and Parliamentary Elections of 2015. The strategy was one of disruption of the Sirisena-Wickremesinghe Government and power consolidation through mobilisation and elections, including a major victory at the local government elections in February this year.  The success of Rajapaksa’s strategy is also, thanks to the failures of the Sirisena-Wickremesinghe Government, within a political environment susceptible to and set up for disruption.  
From the outset, and including after the Parliamentary Elections of August 2015, the Unity Government has disregarded its promises to the public.  
Over the last four years, the trade and financial liberalisation policies carried forward by the Rajapaksa regime were accelerated, placing the national economy and working peoples’ lives in a precarious situation.  

Instead of putting forward a coherent political vision towards strengthening the democratic body politic of State and society by, for example through Constitutional reform, the political bickering between the Wickremesinghe led UNP and Sirisena’s faction of the SLFP led to rising political instability.  
The economic troubles and the political instability constituting the crisis facing the country today has many aspects. I focus here on three facets of this crisis, particularly shrinking democratic space, ethnic polarisation and economic dispossession. 

Democratic space

Regardless of the criticisms, one may have of the Sirisena-Wickremesinghe Government from 2015 to its recent collapse, one undeniable characteristic of this period was the tremendous opening of democratic space. 
The decades of war and the authoritarian post-war years under Rajapaksa undermined freedoms of expression and association. Protests were brutally suppressed, dissent was silenced and the media came under attack, all amidst a climate of fear.  
Although student and trade union protests continued to be dealt with harshly by the Sirisena-Wickremesinghe Government, the fear of extrajudicial means of repression had, for the most part, receded in recent years.  
By democratic space, I mean the political environment that is conducive and enabling of peoples’ direct participation and action, including struggles and protests.  
In the North and East, the opening of democratic space in January 2015 was akin to night and day.  
From militarised surveillance where people felt wary to even speak in small meetings, the climate of fear dramatically lifted and protests and struggles emerged on a range of issues.  
While the Government may not have addressed the demands of such struggles, the right to protest has contributed greatly to the security and dignity of the minorities in the country.  
The question is whether another period of Rajapaksa rule may lead to the shutting down of this democratic space.  

Inter-ethnic relations

It was the Tamil communities in the war-torn regions and the Muslim communities throughout the country that faced the brunt of repression under the Rajapaksa regime.  
A Constitutional political solution was dismissed by the Rajapaksas claiming that mega development was the answer to the grievances of the minorities.  
State power was usurped by the Executive Presidency with the passing of the 18th Amendment even as the militarization of civil administration, particularly governance of the war-torn regions and urban development throughout the country came under the security apparatuses. Instead of fostering co-existence in the post-war environment, communities were polarised to consolidate the power of the Rajapaksa regime.  
An ideological war was initiated against the Muslim community making them the scapegoats for economic woes. Violence including riots was instigated against Muslim shops and businesses. Drawing on global and regional Islamophobia, the crass attacks placed the Muslim community in a terrible state of fear. While the regime change in 2015 did not succeed in addressing the grievances of the minorities and did not mean an end towards the violence against Muslims, at the very least there was recognition of addressing such concerns at the policy level. The efforts towards drafting a new Constitution and the various reconciliation mechanisms set a trajectory conducive for dialogue. In this context, the stalling Constitutional reform process and meagre progress in addressing the legacy of war-time abuses as well as the failure to prevent more recent anti-Muslim violence, have been both causes and symptoms of increasing ethnic polarisation over the last two years.  
The Joint Opposition led by Rajapaksa in no small measure contributed to such polarisation, and the logical question to ask is how their divisive nationalist politics will impact minorities if they consolidate state power.  

Economic problems

The political crisis that we face today is very much linked to the economic instability and crisis that has troubled the country over recent months but has a longer trajectory spanning a few decades.  
The broader economic policies taken forward by the Sirisena-Wickremesinghe Government were not very different from the Rajapaksa Government. Urban development concentrated in Colombo, plans for an international financial centre, financialised sovereign loans, mega development projects with Chinese support and even free trade agreements, particularly with India, were all initiated under the Rajapaksa Government.  
Rising indebtedness as a result of financialisation, ruined livelihoods due to neglect of agriculture and fisheries, investment in large infrastructure over small industries, have all contributed to the dispossession of the working people. Their cost of living has been rising while incomes have fallen with many out of work.  
In the past, both Governments have sought the support of voters through populist measures prior to elections. As we approach a year of elections, the UNP’s Colombo-centred view of the economy and the anti-incumbent mood among the population are likely to translate into greater support for Rajapaksa who is pledging to solve the economic problems of the people.  

"The economy, which should be critically debated in the run-up to the next round of elections, will once again be displaced by the recent manoeuvre, where the upcoming provincial, general and presidential elections, are likely to focus on personalities, betrayal and corruption"

This will not happen, as Rajapaksa’s economic policies are no different in substance, with the continuation of Sri Lanka’s neoliberal integration with global markets and finance capital.  
The 2015 election ousted the Rajapaksa regime through a protest vote. The election debate then focused on challenging authoritarianism did not seriously address economic concerns, and reduced any discussion of the economy to corruption and nepotism.  
The economy, which should be critically debated in the run-up to the next round of elections, will once again be displaced by the recent manoeuvre, where the upcoming Provincial, Parliamentary and Presidential Elections, are likely to focus on personalities, betrayal and corruption. 
In the near term, the Programme for Economic Revival (2 November 2018), released by the Finance Ministry under its new leadership, outlines measures including subsidies and tax relief that will be provided at the behest of President Sirisena and newly appointed Finance Minister Rajapaksa.  

These measures stick to IMF dictates and aim to boost investor confidence through measures of fiscal consolidation. They will merely disrupt ongoing development projects and transfer capital expenditure allocated in the 2018 Budget towards populist measures to shore up support.  
Instability and crisis will be costly for the economy, and in the absence of a credible economic vision,those costs will only be transferred to the people.  
State power consolidation under a Rajapaksa regime will make it much easier to implement Neoliberal Policies that require repressive State power, including those of further financialisation and privatisation, than was for the weak Sirisena-Wickremesinghe coalition government.  

Progressive path

As the tussle for power continues with forces aligned to Wickremesinghe, Rajapaksa and Sirisena, what would a progressive path of engagement look like?  
While we all know the limitations of our parliamentarians who are often up for sale, the parliament should be reconvened immediately. Parliament is often the first line of defence before peoples’ rights are abused, and the manoeuvre to hand Rajapaksa a government needs to be challenged in Parliament and on the streets.  
For those who say that Rajapaksa will be different this time around, there is nothing to suggest this given his leadership of the Joint Opposition and the absence of self-criticism about his authoritarian stint in power.  
In fact, the deterioration of our political culture including in parliament and the politicisation of state institutions to a large measure are consequences of the decade-long rule of the authoritarian Rajapaksa regime.  
Wickremesinghe has failed as Prime Minister consistently, from his short stint in power that ended in 2003 to the current term. His politics and policies only elicit popular contempt.  

It is high time the UNP holds its leadership responsible for its failures and prepares a leadership capable of dealing with the worrying times ahead.  
The TNA led by Sampanthan abdicated its role as formal Opposition when it failed to oppose the attacks on the student movement and trade union struggles over the last few years. The TNA itself and its constituencies are facing the prospect of fragmentation, with its leadership done little to mobilise its base in recent times.  
Former Chief Minister of the Northern Province C.V. Wigneswaran and other narrow Tamil nationalist forces are gleeful at the current crisis, as their fortunes depend on further ethnic polarisation, but their suicidal politics drawing on the legacy of the LTTE will only setback the Tamil community.  
Presidente Sirisena has come a full circle from challenging Rajapaksa in 2015 to delivering him a government.  

"For those who say that Rajapaksa will be different this time around, there is nothing to suggest this given his leadership of the Joint Opposition and the absence of self-criticism about his authoritarian stint in power. In fact, the deterioration of our political culture including in parliament and the politicisation of state institutions to a large measure are consequences of the decade-long rule of the authoritarian Rajapaksa regime"

His role and power are likely to be drastically reduced as the unified SLFP consolidates under Rajapaksa and he increasingly faces the ire of those opposed to Rajapaksa. History will judge Sirisena harshly for this manoeuvre, especially for letting down his mandate from the people for a democratic change.  
The citizenry cannot depend on any of these personalities and for that matter their party machines, which have been self-serving.  
Nor are international actors sitting on their high horses with their share of dirt in their stables going to provide an answer. If anything, a national political crisis only enables international actors to manipulate the country. The international actors who seem so opposed to Rajapaksa today will fall in line if he consolidates power and toes the Neoliberal line.  

Moreover, their visible opposition to Rajapaksa at this critical juncture will only strengthen his Sinhala-Buddhist Nationalist base, who claim to “save the nation”.  
This is where the media get it so wrong—the current moment cannot be reduced to the acts of national leaders and international actors. 
Against the odds, it is once again time to grapple with difficult questions. We need to ensure that the space for democracy is not shut down, and find avenues to expand democratic space including through substantive debates about the state and the uses of state power.  
Rebuilding fragile inter-ethnic relations are crucial even as we challenge the divisive politics of ethnic polarisation. Finally, a meaningful economic vision on the principles of equality and justice for the people who are still looking for relief in the North and South is urgent. If these concerns are raised in broad-based campaigns by peoples’ movements, in national debates and the upcoming elections, they may provide critical resistance to the consolidation of State power by a repressive regime.     

U.S., Japan freeze aid to Sri Lanka over political crisis, sacked PM says

Sun, Nov 4, 2018, 08:36 pm SL Time, ColomboPage News Desk, Sri Lanka.

Nov 04, Colombo: United National Party Leader Ranil Wickremesinghe has said the United States and Japan had frozen more than a billion dollars of development aid after his abrupt dismissal raised doubts about the future of democracy in the island.

Wickremesinghe told Reuters in an interview that the move to hold back project financing, along with the EU's warning it could withdraw duty-free concessions for Sri Lankan exports if it didn't stick to commitments on national reconciliation, will further strain the economy,
After months of tensions within the government, Sri Lankan President Maithripala Sirisena abruptly dismissed Wickremesinghe and replace him with his nemesis former president Mahinda Rajapaksa.

Rajapaksa, who led the country to a military defeat of Tamil separatist guerrillas in 2009, has since faced widespread allegations of human rights abuse and targeting of Tamil civilians.

Wickremesinghe, who has challenged his dismissal and vowed to remain prime minister until parliament voted him out, said there were international concerns about a government led by Rajapaksa.

"Countries are sensitive, they have concerns (about a government led by Rajapaksa) democratic countries have concerns," he said in the interview conducted in the prime minister's official residence in a colonial-era bungalow where Wickremesinghe is camping along with his supporters.

The United States has held off on a nearly $500 million aid program for building of highways and improving land administration by the government-funded Millennium Challenge Corporation (MCC), Wickremesinghe said.

Japan had also put on hold plans to extend a soft loan of $1.4 billion for a light railway project, he said. "A lot of projects are held up, the Millennium Challenge, the Japanese loan," he said.

The Sri Lankan embassy in Washington has been informally told by the MCC that around $480 million will be on hold because of the latest situation in the country, a Sri Lankan foreign ministry official separately confirmed to Reuters.

An official at the Sri Lankan ministry of Megapolis and Western Development also confirmed the freeze to Reuters on the Japanese loan, imperiling the project.

An official at the Japan International Cooperation Agency said the agency was closely monitoring political developments and the railway project loan had been withheld.

The U.S. embassy in Colombo had no immediate comment when asked if Washington is taking any measures due to the Sri Lankan political crisis.

The United States and the EU have urged the president to immediately summon parliament and let deputies decide who is to lead the country. Sirisena suspended parliament until Nov. 16 and has made no public statement on his plans.

While Wickremesinghe is staying on in the premier's residence called Temple Trees, Rajapaksa has taken over the offices of the prime minister following his swearing in.

Wickremesinghe said his party will step up a public campaign for parliament to be called and he be allowed to prove his majority. "We are all contemplating alternative actions, this includes a big mobilization of people. Ultimately this has to be decided in parliament."

Soon after taking over Rajapaksa said he wanted to end the "politics of hate" in the country and that his government will work for justice for all citizens.

The Political Implications Of The 19th A & The Emerging Politico-Legal Crisis

By Piyumani Ranasinghe and Dhanushka Silva – NOVEMBER 4, 2018

Dhanushka Silva

Piyumani Ranasinghe

Sri Lanka is currently enduring a constitutional and politicalcrisisdue to the events of the famous Friday evening, the ongoing regime change with the appointment of a new prime minister on the 26th of October. The political and constitutional implications of the constitutional coup; against the brewing interpretations on the validity of appointing the new prime minister is taking the center-stage in the national political arena. Interestingly, the differing framework of views between the two camps (in favor of the new appointment and in opposing the new appointment) has created a divide between loyalties, where currently, the situation is at an uncertain standstill due to the varying political undercurrents which operates behind closed doors.

Behind the sensationalism involved in the disturbing series of events, there is an array of constitutional and political implications on the island nation and its already debt-destined future. This plight that the nation is faced with can be redirected to the political and legal implications of the 19th Amendment to the constitution. Whilst the amendment rejuvenated the debate on democracy and good governance in an attempt to amend the powers of the executive presidency, on which the architecture of the 1978 second republican constitution resides, it has also paved the way for inexplicable political and constitutional implications, including the current issue with the appointment of a new prime minister.

1. Divided camps and Divided Loyalties

There are various interpretations to the constitution brought forth by two main political camps, those arguing in favor of the appointment (headed by the SLFP and SLPP) and those arguing against the appointment (headed mainly by the UNP). In the attempt to validate their respective positions, the pickaxes of both camps are not only hollowing out their respective galleries, but killing the spirit of Constitutionalism left in this country.

The SLFP and SLPP camp argues under Article 48 (1) that the prime minister can be dismissed, because the National Government dissolved once the SLFP ministers crossed over into the opposition on the 26th of October. The argument is that, these former ministers were central to the existence of the National Government and at their departure, the National government also collapsed.

However, it should be noted that, according to Article 43 (3) (3), whilst the President may at any time change the assignment of subjects, functions and even the composition of the Cabinet of Ministers; such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament. Thus, the entire regime change that took place overnight, in the manner it did, is clearly unconstitutional. The power of dismissing the Prime Minister could be assumed as inherent to the power of appointment in the constitution prior to 2015. However, after the 19thAmendment Article 46 (2) expressly specifies ways in which the Prime Minister vacates office and this is why Article 42 (4) only allows the President to appoint the Prime Minister, and says nothing about dismissing the Prime Minister.

Generally, the power of dismissing the prime minister is vested with the Parliament, and not with the President in terms of formal Parliamentary traditions. There are ways in which the parliament can officially dismiss the government and the prime minister, which involves the Parliament rejecting the Statement of Government policy or the Appropriation Bill (budget) or passes a vote of no-confidence in the government according to article 48 (2) of the Constitution.

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Politically speaking, ‘a plague on both your houses’

 


Sunday, November 04, 2018

Continuing his swift disastrous strike last Friday, President Maithripala Sirisena has taken a familiar problem of public fury with an inept and malfunctioning Government to a perilously extra-constitutional trajectory, prompting deep revulsion on the part of even those strongly critical of many follies of the United National Party (UNP).

Repercussions of the President’s actions

This step was prompted by fiendish legal advice by whom the President referred to as ‘neethi visharadayo’ (legal experts). It is safe to presume that this supposed expertise is perchance heavily influenced by pedestrian considerations of power and position rather than with the niceties of constitutional law. Chaos has been unleashed on a bewildered public as global consternation continues to rise. Harsh international repercussions seem certain if Sri Lanka remains suspended in a state of democratic limbo. Regardless of which ‘Prime Minister’ wins the day when Parliament is finally convened, this will have lasting inimical impact.

Within the country, there is only so much abuse that a beaten and battered democratic system can take. Internationally, the extreme fragility of the country’s democratic state is showcased in unflattering international headlines. All that is not to the good. But even as fury is heaped (justifiably) on the President’s head, the UNP’s part in bringing about this veritable constitutional cataclysm must be put on record. As such, it must do far more than merely apologise for putting forward Maithripala Sirisena as the common candidate in 2014/2015. This week’s flippant explanations for the ‘small mistakes’ it made will not do.

Central to this responsibility is its arrogant and secretive decision-making by a few, from unwisely expansive constitutional  reform to asinine economic policies, in complete disregard of the public mood whilst increasingly isolating and humiliating the President. Even with all the aggravation, it must not be forgotten that the President who catapulted the country into chaos last Friday was the same President who voluntarily decreased his constitutional powers in 2015. The change between then and now, is only in part due to hardening of party positions on both sides.

Factors having a bearing on the crisis

First, continuously ‘speaking down’ to a President and deliberately keeping him out of core decision-making processes, despite the fact that he held the power of prorogation of Parliament in his hands was a monumental miscalculation. Indeed, when satisfying themselves that the 19th Amendment suited its particular political chess games, its scornful assessment would have been that Maithripala Sirisena of Polonnaruwa would not have had the audacity to prorogue the House without the advice of the Prime Minister or the Speaker. But that is precisely what he did, albeit to the great detriment of the country.

The second but equally important factor impacting on the crisis is the amateurish revision of the JR Jayewardene Constitution of 1978 by a 19th Amendment full of constitutional ‘holes’, so as to speak. While the circumstances of dissolving a Cabinet and dismissing a Prime Minister are unambiguous in the English and Sinhala versions as discussed in these column spaces last week, these provisions are hedged around with clumsily phrased clauses that create unworkable situations. What we see today is a classic illustration of that unworkability, explosively aggravated when two men who remain insecure in different respects occupy diametrically confrontational political spaces and a third man (Rajapaksa) who in all fairness cannot be said to suffer from insecurity in any sense of the word, capitalises on the vacuum with typical political opportunism.

Meanwhile President Sirisena has tried to justify his tumultuous actions by recital of a long list of woes against the UNP in an address to the Nation including personal and ‘cultural’ differences. The address had a contrary effect if the President meant to justify his actions. The alleged assassination plot against the President is one illustration. Common sense dictates that  the executive President surely should have led the investigation through his handpicked state officers if he was dissatisfied about the conduct of the police, not sworn in a new Prime Minister whom he had once accused of trying to put him underground.

An extraordinary step into an unknown void

Other complaints struck a chord of popular empathy such as the sidestepping of the President in the Government’s decision making process and referencing of the Central Bank of Sri Lanka (CBSL) bond scam. I have said repeatedly in these column spaces that the UNP stands twice condemned in regard to the CBSL scandal; first by the perpetuation of the actual scam itself and secondly by its determined efforts to cover this up by parliamentarians in the ‘footnote clique’ who now protest that their constitutional rights have been violated.

But these are old complaints. A day later, the ‘yahapalanaya’ Prime Minister Ranil Wickremesinghe refuted the allegations. But taking the address by itself, was the sum total of these presidential grievances reason enough to propel such an extraordinary step into the unknown darkness of extra-constitutionalism? Surely President Sirisena knew that this would be the result, regardless of what his shadowy ‘experts’ had to say?

Enormously difficult times lie ahead. On the one hand, it is difficult to believe the promises of the Rajapaksa-led SLFP that it will reform, given the resurgence of  thuggery and violence since last Friday. On the other hand, the UNP may be advised to refrain from moralistic bombast regarding ‘sacred constitutional and legal obligations’, which it has been quick to indulge in when pressed against the wall. This rings hollow in the face of its unscrupulous manipulation of the constitutional document since 2015, its utter failure to bring corruptors of the previous regime to justice when it had the chance and the misdeeds of its own corrupt deal makers. We will not be gullible enough to fall for these wide-eyed protestations twice-over.

Core issue of constitutional propriety

Even so, the issue before Sri Lanka today is very clear. This is very simply a case of constitutional propriety of the President’s actions, not sympathy for the UNP struggling in political quicksands of its own making. That is the sole reason why protests must ensue with vim and vigour. We can only look at what is unfolding before us with disgust and proclaim ‘a plague on both your houses’ with considerable force, even as Shakespeare’s chagrined Mercutio did against the feuding families of Montague and Capulet.

The UNP and the SLFP have held Sri Lanka hostage to their ambitious games for far too long. As differentiated from India’s post-independence leaders of conscience motivated by genuine concern for the country, (despite some exceptions), here we have narrow, parochial and provincial thinking by small men with petty minds. This has degraded the land of our birth and dragged it to the depths of economic, social and political ruin.
Enough must surely be enough.