Friday, November 16, 2018

The Parliament Has Spoken

By Mass L. Usuf –NOVEMBER 15, 2018

මාස් එල්. යූසුෆ්

With the swearing in of the Member of Parliament Mr. Mahinda Rajapaksaas the Prime Minister on 26th October 2018, President Sirisena literally placed the whole nation in harm’s way. Thank God, sanity prevailed and what would otherwise had been a blood bath was averted.

The Brussels based International Crisis Group (ICG) had this report filed. “On 26 October, Sri Lanka’s President Maithripala Sirisena abruptly dismissed the prime minister, Ranil Wickremesinghe, and appointed controversial former President Mahinda Rajapaksa to the premier’s post, in a move that contravenes the constitution and threatens to destabilise the country. Rajapaksa’s appointment has already emboldened his supporters, with their actions provoking violence. More unrest is likely as the president and the new prime minister seek to consolidate support. The struggle for power jeopardises progress on reforms, ethnic reconciliation, and prospects for peaceful and fair elections in 2019.” (Crisis Group Asia Briefing N°152, Brussels, 31 October 2018).

It further noted that the power struggle now underway between Rajapaksa and Wickremesinghe has already turned violent, with the new prime minister’s supporters attempting to stop a recently ousted minister from entering his office and clashing with his security detail. Risks of further bloodshed are high, particularly if mass protests by Wickremesinghe loyalists continue over the coming days.

International Pariah

This move was a rash and negligent act for which the President should be held responsible. Besides placing the country on the brim of violence, he had by his imprudent act tarnished the image of one of the oldest democracies in South Asia. He also placed the economic interests of Sri Lanka in jeopardy. Foreign governments and organisations were reconsidering their economic support which were linked to democratic governance. The threat of European Union withdrawing preferential trade benefits, only restored to Sri Lanka in 2017 was imminent due to the unconstitutional change of power. The U.S. was urged by the ICG to immediately suspend the process for final approval of $450 million in economic development funding from the Millennium Challenge Corporation. Japan was reviewing the loan for the light rail project. In an unprecedented move ICG also recommended that Governments should begin to consider applying targeted sanctions against Sirisena, Rajapaksa, their families and their close associates should Sri Lanka’s constitutional coup proceed.

Abuse of Power

Following the appointment of the new Prime Minister, the alliance of the dismissed Prime Minister Ranil Wickremasinghe were fully geared to meet in Parliament. The institution where they have to test as to who commanded the majority in the Parliament according to the Constitution. To add salt to injury and of course, most unethically, President Sirisena committed another act of impudence by proroguing the Parliament on 27 October 2018. Thereby, depriving the floor test to ascertain majority in Parliament. Political analysts viewed the act of prorogation as a means of buying time to garner support for the new Prime Minister. The President by virtue of the powers vested in him by Article 70 of the Constitution can prorogue Parliament. However, given the circumstances and the timing of the order to prorogue Parliament, arguably the question arises if there has been an abuse in the use of such power.

The President is expected to act not inconsistent with the provisions of the Constitution and custom or usage. The duties in relation to the Constitution is stated as follows:

Geopolitics of resolving conflict with a redundant Constitution

Is it the outdated, warped Constitution that these vested power blocs and a few Western diplomats want to be honoured and abide by?

2018-11-16

he SC decision has pushed Rajapaksa into back foot defence on a daily basis, reacting to the Wickremesinghe strategy of taking decisions in a Parliament that remains prorogued but accepted by Western interests as Constitutional.
The Supreme Court (SC) decision to issue a stay order on the Gazette notification dissolving Parliament is given a completely distorted interpretation by Yahapalana Experts, to be in line with the Western power bloc.
Their accredited envoys in Colombo act firmly in legitimising the Government of their choice. On that strength, Speaker Karu Jayasuriya convened the prorogued Parliament, though constitutionally the Speaker has no such power.

The US AmbassadorMs Teplitz, who went to the Parliamentary complex with a few other diplomatic colleagues to watch over the proceedings on 14 November, later told media, she was glad the institution was once again fulfilling its constitutional role.
That said much about Wickremesinghe believing he could assert himself as the PM and muster a majority, with some MPs bought over, and some MPs crossing over for the second time in two weeks.

Geopolitics and the Constitution

For the Western diplomats that included the US, Germany, Canada, who on October 27, went to Temple Trees and then made their way to Parliament last Wednesday (India that sent its Deputy HC in Colombo to TTs on Oct 27. was a conspicuous absentee among diplomats in Parliament), act on their own geopolitical agenda.
But that does not allow the stay order decided by the Supreme Court on the Gazette notification dissolving Parliament to convene Parliament.

The SC did not rescind or squash the Gazette notification dissolving Parliament as illegal and unconstitutional. All that remains to be decided upon, after the SC accepts objections and deliberates on them before finally deciding on the legality of that Gazette.
Therefore, the previous Gazette convening Parliament on November 14 cannot be operational as argued by the Colombo interests.

This Parliament sitting is another illegal act, as prorogation was NOT challenged as unconstitutional, but was only appealed to be immediately convened by the President.
A prorogued Parliament can only be convened by the President after which a new date has to be fixed for Parliamentary business proper to begin. The Speaker becomes the authority in Parliament, thereafter.
The Constitution is being used by both sides in usurping power, leaving out the People.

The SC is called upon to decide the legality of constitutional jugglery. It leaves aside intrusions of the Western power bloc on their geopolitical interests, that create the tug-O-war between Wickremesinghe backed by them, and Rajapaksa with Sirisena counted as anti-West, pro-China agents.
This type of political coups with external factors involved in internal politics can only be engineered in a society where the citizenry is very much distanced from democratic participation, where democratic traditions have faded off through two or three generations.

Democracy as an empty shell

They raise major issues on democracy and Sovereignty of the People, here in Sri Lanka. Ever since the 1978 Constitution that was amended 19 times, Sovereignty of the People became a mere Article in
the Constitution.
Democracy came to be promoted as unrestricted consumer freedom in a free market. Freedom of choice and the individual right to compete in this free market evolved as a democracy.

The sovereignty of the people and democracy is thus reduced to holding elections. These elections are also held as procedural events in a calendar, dates for which Parliament keeps altering, with the Opposition including JVP and TNA compromising.
Truly immersed in a consumer market struggling to improve on their incomes, people show no decisive opposition and interest in these elections. Apathy with which even procedural democracy is treated was in public display when the National Elections Commission (NEC) member Dr Hoole, went to SC with an FR petition against the dissolution of Parliament with elections fixed for January 5, 2019.

He did not go to the SC pleading for LG elections that were postponed for over two and a half years and PC elections postponed even without a date announced.
Electoral democracy is being ridiculed and degraded with politicians, the urban middle-class including professionals, academics and at times the Judiciary, focussed on procedure and not functionality. Democracy is not elections only. Democracy includes all fundamental rights enshrined in Article 14 of the Constitution.
They are nevertheless left to remain as statements with no independent mechanisms to challenge violations, other than within the higher judiciary. A means, too costly and far outside, the reach of ordinary citizens.
Though Article 11 in Chapter III guarantees No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment that often times is blatantly violated with impunity.
Freedom from torture thus
remains irrelevant.

"No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex,….” also remains on hold with Tamils, Muslims and even Sinhala Christians being heavily discriminated against "

Article 12 (2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex,….” also remains on hold with Tamil, Muslim and even Sinhala Christians being heavily discriminated against with Sinhala Buddhist extremism oppressively dominating social space and often selectively treated by law-enforcement agencies themselves trapped within Sinhala
Buddhist dominance.
For the war-affected, deprived and suppressed people in the North and the East, Article 14(1)(f) the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language is irrelevant with regular complaints on Sinhala colonisation of their areas.
Sinhala colonisation brings with it forced cultural interventions, the Tamil people are unable to resist with ITAK leadership in the TNA playing Colombo Politics with the UNP and with Western diplomatic interests.

Almost all employees in the export manufacture sector from among over 2.4 million workers in the private sector are denied their Fundamental Rights as guaranteed in Article 14(1)(c) and (d) of the Constitution that says:
“Every Citizen is entitled to (c) the freedom of association” and “(d) the freedom to form and join a trade union”. BOI of Sri Lanka Act has allowed the BOI to restrict organised labour through administrative guidelines and the vision and mission of the 95-year-old Labour Department have over the past few decades changed to decide in favour of the employer instead of safeguarding the rights of the employee.
In this unfettered free market, with foreign direct investments intensely promoted as the only way Sri Lanka could develop within this global economy, even the Judiciary tends to give the employer the benefit of exploiting labour.

Sri Lanka has thus drifted into a pathetically agonising situation where the Constitution is flouted for vested interests by rich and powerful political blocs in the city.
Fundamental Rights have little meaning if any in functional terms. Workers are left non-unionised for the benefit of the filthy rich in an unrestricted free market.
Privately owned media are used for political bargaining by big-time funders of immensely corrupt political parties. State media are controlled by those same corrupt political parties in Government. In a heavily atomised high-frequency urban consumer society, the middle-class professionals, the English speaking elite, NGOs and the anti-Rajapaksa social activists who by default present themselves as saviours of democracy live out of this free market economy.
They dominate social opinion through Colombo based mainstream media.
Democracy, therefore, remains the property of the powerful with a Constitution that is overridden with ambiguity and contradictions.

Geopolitics of democracy

This outdated and warped Constitution is what these vested power blocs in the city and few Western diplomats claim should be honoured and abided by.
The term constitutionality is thus given more importance than democracy.
Functional democracy would not allow their involvements in the internal life of the country. Functional democracy in the first place, would not have allowed this Yahapalana insanity in power politics.

Yet, for the Western powers deeply involved in the internal conflict, it is about keeping Rajapaksa-Sirisena combine out of power at whatever cost.
They perhaps regret they were not rich enough to fund the Wickremesinghe Government all through these years, other than through the IMF that comes with conditions attached.
That pushed the Wickremesinghe Government to compromise with China on a weak wicket. They fear China would come back stronger, building on what Wickremesinghe compromised on if Rajapaksa was allowed a comeback.

Thus, it is now a serious geopolitical issue for the US-led Western diplomacy to keep Rajapaksa out, and strengthen a Wickremesinghe Government politically and economically, to gradually wean out Chinese influence.
It is geopolitical supremacy played out in the Indian Ocean. With pro-Chinese strongman Yameenin Male ousted and Mohamad Nasheed going back home, Western geopolitics have regained space they now need to consolidate. That is about saving Sri Lanka from pro-Chinese dominance.
This Western involvement in Colombo is about taking advantage gained in the Maldives, a project India does not want to burn its fingers with but welcomes as big brother in the sub-continent. Thus, it is not about an election for people to elect a government of their choice, but about installing a government the Western power bloc is comfortable with.

The danger lies in this Colombo alliance being projected in the majority Sinhala South as anti-Sinhala Buddhist; Western interests with the Colombo political lobby and the ITAK leadership that campaigned for war crimes investigations, back again in full throttle, working together.
Unfortunately for the people, this provides Rajapaksa with the most comfortable platform for his comeback.
What is being fought for by both sides is not going to resolve with a Supreme Court Ruling. This now needs a people’s movement for constitutional reforms, in drafting a constitution the people could own as their supreme law.

Mangala criticizes President’s actions

11:52 AM NOV 14 2018

Former Minister of Finance and UNP Parliamentarian Mangala Samaraweera, issuing a press release, stated that the statement made by President Maithripala Sirisena, for a third time, after ousting the former Prime Minister Ranil Wickremesinghe and proroguing Parliament had clearly shown that he was behaving like a dictator.

The release points out that all law abiding citizens of the country, irrespective of their political affiliations, have condemned the unconstitutional actions of the President. The release states that even the international community had not approved the illegal administration sworn into office by the President and in the light of such a situation the remarks made by the President could only aggravate the crisis.

He has stated that the claims made by the President that some Parliamentarians had been bought over for amounts such as Rs 100 million to Rs 150 million and some at Rs 500 million was nothing but a figment of his imagination.

Samaraweera has noted in the release that his Party possesses evidence that bigwigs of the Sri Lanka Freedom Party had been behind the attempt to buy over MPs from his Party to swell the number of MPs in the House and that his Party will lodge a complaint with the Commission to Investigate Allegations of Bribery or Corruption to this effect once the Constitutional crisis is resolved.

CALL FOR A PRESIDENTIAL ELECTION THE BEST WAY TO SOLVE THE CONSTITUTIONAL CRISIS IN SRI LANKA

( November 16, 2018, Colombo, Sri Lanka Guardian) We are passing the dark days of our nation by risking longstanding democratic values that are being disturbed by the Executive Power. President Maithripala Sirisena must apologize before the people and nation for creating this putrid mess to gain personal political advantages. He is hammering and burying all principles of the democratic governing system and intimidating the reputation of the sovereign nation while putting the public in danger.

It is sad to witness the absence of President Sirisena on the second consequent day during this troublesome time in the parliament session even though he himself declared that the Parliament would be reconvened on November 14, 2018.

Since it is not compulsory he may be enjoying the impunity vested upon him. But what does that say about his sense of responsibility and courage as a leader?

Some of the critiques have named this episode as the “constitutional coup”. Whatever you name it, what President Sirisena is doing is completely unacceptable in any civilised society. He doesn’t get the mandate to kidnap and take hostage the civil liberties of the nation and demanding that his wishes be taken as the command of the parliament and that due processes be set aside.

As many understand, the situation is worsening in Sri Lanka. One of the despicable events was just reported in the house shortly after the former President Mahinda Rajapaksa addressed the house. A group of men representing Rajapaksa faction attempted to assault the Speaker by rigorously abusing him verbally. The entire world kept its eyes how those “gentlemen” were acting in the house where they have membership in the name of Sri Lankan democracy.

Rajapaksa as the appointed Prime Minister of the de facto government has lost his majority in a no-confidence motion passed by the parliament with majority yesterday. But he was in the Parliament today to deliver the “special message”.

It is amusing how a person who has defected to a new party which has even not contested the election so far go into the House and address the nation as the “Prime Minister”. If they are really concerned about democracy, why aren’t they understanding the core value of democracy and group representation?

Rajapaksa has resigned from the party that gave him a shoulder to rise-up in politics and joined the Sri Lanka Podu Jana Peramuna as the founding member. Does he and those who joined the new party have the legitimacy to join the present parliamentary session until they are elected through general election? Why can’t President who is trying to teach the Speaker as well as the public in general about constitutional laws, parliament tradition and its standing orders stop this blatant violation?

Notwithstanding, there is no doubt that not only Sirisena but also Rajapaksa are deliberately ignoring to accept this crystal clear truth. It is unbelievable that as one of the most senior politicians in the country who ruled the nation in one of the most difficult times, Rajapaksa is deliberately distorting the truth with fragile and fake arguments.

In this situation, neither Sirisena nor Rajapaksa is realizing their wrongdoings. Power with impunity driving them towards absurdity while the nation is shrinking into an abyss. What would be the solution? The power of the powerless will be the last refugee to solve the crisis. In other words, it is the people with have rights to vote have the duty to guard and salvage the nation.

Let’s go for the elections, many interested parties including Sirisena, Rajapaksa and others are demanding. Yes, that’s a good idea to solve this manmade crisis, but not the way what they want. It should be the way the People, in General, are demanding. Sirisena’s gazette notification for General Election is suspended by the Supreme Court. In this situation calling for General Election is too far from reality. But, President has authority to call for Presidential Election.

We believe that is the best option to check the power of the architect behind the prevailing constitutional crisis in Sri Lanka. As per the Constitution President Sirsiena must contest the election as he is the incumbent if he is calling for early Presidential Election.

We believe people will decide whether President Sirisena is suitable to have his second term or the country need the new president through the election. As the Rajapaksa’s faction is eagerly waiting for the election, why the other political parties to enhance with them and demand for a Presidential election. Then the people in the country will decide what need to be done while the Supreme Court and other authorities find the solution to the prevailing constitutional crisis manufactured by President Maithripala Sirisena.

Let people decide the fate of the country.

The Newest Weapon in Sri Lankan Politics: Chile Powder in the Eyes

For a second day, a brawl broke out in Parliament as government tensions rose.Published OnNov. 16, 2018CreditCreditLahiru Harshana/Associated Press

By Dharisha Bastians and Jeffrey Gettleman-Nov. 16, 2018

COLOMBO, Sri Lanka — Lawmakers hurled chairs, thick books and stinging chile powder at one another as violence and chaos erupted again on the floor of Sri Lanka’s Parliament on Friday.

At least four lawmakers and several police officers were injured. The proceedings were carried live on TV and beamed across the island nation.

The trouble began when lawmakers allied to Mahinda Rajapaksa, a former president who, in a contentious move, was appointed prime minister last month, arrived in the chamber early and occupied the speaker’s chair.

The lawmakers broke microphones and staged mock sessions. They also blocked the mace, a gold-tipped ebony staff that is the symbol of authority, from being brought into the chamber to begin the session.

After 45 minutes of this mayhem, the side doors to the chamber suddenly opened. Dozens of policemen marched in. They linked their arms to form a human chain. They protected the ceremonial guard who held tight to the ebony mace.

The Parliament speaker, Karu Jayasuriya, clad in his ceremonial robe, grabbed a seat in the corner of an aisle and conducted the session of Parliament a few yards away from his podium, using a wireless microphone.

In the past few weeks, this is what Sri Lankan politics has descended to: confusion, chaos, dysfunction and bitter rivalry.

The government has been paralyzed by a three-way duel between Maithripala Sirisena, the president; Ranil Wickremesinghe, the prime minister who was summarily deposed by the president in October; and Mr. Rajapaksa, considered the strongman of Sri Lankan politics.

Earlier this week a majority of lawmakers voted to reject the president’s choice of Mr. Rajapaksa for prime minister. On Friday, they did it again with another no-confidence vote, conducted in the midst of the uproar.

Mr. Rajapaksa stood by in the chamber, watching as his allies rampaged as they had on Thursday as well.

They threw wooden chairs at police officers and books at rival lawmakers. They also whipped water bottles filled with a spicy chile powder sludge so that the nasty mixture got into the eyes of the police officers, temporarily blinding them.

The officers were unmoved. They never retaliated.

“The cowardly thuggery displayed in Parliament today is a shame to us all,” said Juanita Arulanantham, a young lawyer who watched the fracas on TV at home.

“But there was also so much to be proud of,” she added, saying that the speaker and the police officers showed enormous bravery and would fall “on the right side of history.”

After the vote, Mr. Rajapaksa left the chamber to a cacophony of hoots.

Mr. Sirisena had claimed on Thursday that he would accept the result of the vote, but by Friday he seemed to be wavering again.

Mr. Sirisena has said he definitely does not want to go back to Mr. Wickremesinghe, whom he has called inept and corrupt.

Sri Lanka is strategically located in the Indian Ocean along major shipping routes across Asia. Both China and India have invested heavily in Sri Lanka, and diplomats from many countries are watching the events here closely.

Dharisha Bastians reported from Colombo, and Jeffrey Gettleman from New Delhi.

Sri Lanka: I am protecting democracy — Speaker

Featured image: Policemen guarding the Speaker came under the water mixed with chilli powder attack by Parliamentarians of Sirisena-Rajapaksa faction during the parliamentary session

( November 16, 2018, Colombo, Sri Lanka Guardian) Issuing a statement Speaker Karu Jayasuriya has said that despite the threats, obstacles and intimidation he is committed to protecting parliament democracy.

Further, the Speaker also called on all to act peacefully in this regard as responsible citizens of the country.

Meanwhile, confirming that the installed Prime Minister Mahinda Rajapaksa and de facto Government appointed by President Sirisena has No Confidence in the house, The Speaker has issued the following press communique;

Why A General Election Is Not A Solution To The Present Crisis

By Ranga Kalugampitiya –NOVEMBER 17, 2018

DR. Nandaka Maduranga Kalugampitiya

There is no question that Sri Lankan democracy is in grave danger. One of the solutions that is being proposed, particularly by the Mahinda Rajapaksacamp, is to dissolve the parliament and go for a general election. Many government ministers (or, are they?) have been emphasizing this solution over the past couple of weeks not only as the best solution to the problem but also as the only way out of the present crisis. Their argument is that the members of the current parliament have failed to figure out a way forward and that therefore the only way to solve the problem is to give the general public the opportunity to elect a government of their choice. Such a move, they argue, is nothing but an affirmation of the sovereignty of the people.

Although this argument looks fine in itself, it is deeply problematic when read in its proper context, for many reasons. The reason, which I wish to discuss in brief here, concerns itself with the very nature of democracy. Everyone knows that elections are an essential component of a democracy. Elections are so central to the idea of democracy that, in the eyes of many, democracy equals holding popular elections. (It was this thinking, which the Mahinda Rajapaksa government [2005-2014] appealed to in justifying the scattered elections held during that time.) Those who either genuinely believe in this understanding of democracy or simply side with it and use it to achieve narrow political objectives often raise the question, “What is wrong about giving the people the opportunity to decide?” They are usually quick to brand those political forces that do not share the same understanding of democracy as forces that fear the verdict of the people.

The general understanding that democracy is mainly about holding elections is important to the extent to which it underscores the role that elections play in democracies; nevertheless, the reduction of the idea of democracy to holding elections, which this understanding entails, is deeply problematic. In representative democracies, like ours, people elect representatives at elections to represent them. Technically speaking, such representatives represent the will of the people as expressed at the time of the election. This does not in any way suggest that the representatives should not take into consideration the changes, including any shifts in the popular will, that take place after the election. In an ideal setting, the representatives should always be sensitive to the changes that take place on the ground level, and their conduct should demonstrate that sensitivity. Nevertheless, it is also important to note that any developments that take place after the election do not necessarily nullify the mandate expressed at the election. The changes and new developments, including those that impinge on the will of the people, need to be accounted for necessarily within the parameters of the existing mandate. In other words, if it is important in a democracy to seek a mandate from the public it is equally important to ensure that a mandate, once issued, is respected and upheld.

This, however, does not mean that a mandate should be respected and upheld at all costs. If there is a widespread need to change a mandate before it expires there are ways of doing it. Many countries have provisions built into their constitutions that enable them to seek fresh mandates before the expiration of the current one. The Sri Lankan Constitution lists a couple of ways in which the parliament could be dissolved before the expiration if its term. Any attempt at dissolving the parliament in a manner that is not provided for by the Constitution is to defy the basic law of the land. In this sense, although elections in themselves uphold the idea of democracy, a general election as requested by the Mahinda Rajapaksa camp at a historical juncture like the current one can only undermine the very idea of democracy. In no way is it a celebration of democracy.

Courting democracy; Housing disaster?

Thursday, 15 November 2018

A small step was taken by a sovereign court the day before yesterday. It was a giant leap for the supremacy of the Constitution over all three arms of government in a recently benighted Sri Lanka. As well as being the tangible proof of intra-governmental checks and balances being in place. These were signed, sealed and delivered to a closed House by an open-minded Court so that a muddle-headed Executive might be reined in. And the often embattled Fourth Estate or arm of governance can scarce forbear to cheer. That is, the beleaguered free segments of it that haven’t succumbed to the perennial temptation to become a sort of fifth column.

In the days and weeks ahead, no doubt many other challenges will be issued in the face of the ostensible independence of the Judiciary. The showing in the House yesterday underscored the desperation of antidemocratic forces feeling the sharp edge of Lady Justice’s sword being probed by a Parliamentary majority against them. If the would-be usurpers were feeling a tad downcast, however, it’s probably more because of the rough and poetic justice meted out to authoritarian aspirants in the floor test. Most MPs present acted as if the hooligans weren’t there. Or if they were that they didn’t count. With that said, it wouldn’t do for democracy’s died-in-the-wool republican regime to rest on its laurels.

Winter may be coming still

For winter may have been forestalled. But dark and ice cold forces are gathering on the other side of the wall separating state from anarchy. First, they denied the no-confidence motion on the floor yesterday! Then, showcased House hooliganism as a possible precursor to thuggery on a national scale? And, in a milieu where there are no permanent friends or enemies, a day or a week is a long time if you’re down and desperate. Not to mention the hiatus of a month until the Supreme Court renders its final judgment on the dissolution being caviar to the power-hungry to recoup (pun intended). I dread to think what might have happened since the editors of this paper put the ‘late city’ to bed.

One wonders what the respective alliances that litter the political landscape will do now so that they can survive to enlist another day. The SLPP possibly pulled a coup of its own by publicly enrolling a former president – a strong signal that it will go its own way at a future presidential election, despite remaining with its mother ship SLFP in the short term. And the UNP’s canvassing a ‘broad spectrum’ of support simply means it will struggle to retain the status quo, in the face of its oligarchic leadership interpreting the Supreme Court’s impartial view as an endorsement of its lame-duck pseudo-democracy.

All of this becomes academic if the ousted de facto premier pulls the plug on any pretence of procedure and unleashes an antidemocratic barrage of preventatives to pre-empt Parliament from sitting today. Such is the timbre of tyranny’s ambitions.

Summer moonshine

This is the time for islanders of all stripes to get savvier about the state of the nation as it is. Not the view sundry propagandists would have us swallow. And make a summer of Yahapalanaya. Or song and dance of its detractors, whether a now ironically named JO or SLFP-SLPP pact. It is an exercise in growing up as a mature polity and responsible electorate that has been long postponed by realpolitik, populism, corruption and the rest of many evils in Pandora’s box of political tricks. There may be hope in the House and metal tempered by fire in the Court. But the people en bloc – the ultimate beneficiary and stakeholder for whom the four estates of government exist – must grow up and debunk the myth of respective political cultures.

And so there is now, more than ever, a desperate need for voters of all ilks to recalibrate their expectations of and engagement with their elected representatives. It is no longer sufficient for Colombo’s café society alone to rule the roost of Sri Lanka’s customary cocktail circuit wisdom on social media. While the rest of the country suffers from a deadly mix of chauvinism, ignorance and apathy – relieved now and then by unruly incursions into the capital by purchased ‘people power’.

There is a clarion call to critique and counter self-serving short-sighted crown or clown princes making political capital out of coalition politics. Else it would be a crying shame that the courts have given their fellow citizens a chance to redeem our civilisation from an impending dark age at the hands of the barbarian hordes at the gate.

It is to be felt by your columnist and likeminded others that our culture and civilisation are at a crossroads. As much as MP and democracy-championing legal eagle M.A. Sumanthiran feels that this is probably the most important judgment rendered by our Supreme Court in its history. But the court of public opinion is nowhere near as individually savvy as those independent savants.

Fall guys

The Hun has had his run at Helping Hambantota and Courting China but still enjoys the favour of the choleric hoi polloi. And not for love of buth packets and booze alone. But a faux-Buddhistic Sinhala-ism that beggars belief, reason or logic.

The Goth cannot be permitted to ransack the people’s temples or the public treasury again – even though big business among other profit-oriented entities (such as professionals on the take and academics on the mend) have gone round the bend to defend the imperative of a strongman bringing putative stability – at the expense of civic and human rights. And business must see beyond the next five to six years, like big boys; not little kids lapping up profit popsicles like it was still 1977 and open-market principles were the lollies of the long-deprived.

The Vandal must be evicted from town hall and marketplace; because despite his seemingly civilised promise of GDP with honour – Growth, Development and Progress with no help from foreign powers (but China’s major role is conveniently forgotten) – he is a savage at heart.

And the sooner the better, before that ‘string of pearls’ begins to choke us all from every verdant village by every palmy coast to every spreading plain. Time to unfurl that flag of foolproof patriotism – democratic, socialist-liberal, republican – over every soaring mountain that does not bend the knee to global bullying or local bullheadedness.

Spring in the air

All this to say that we take our politicos far too seriously for their own good – or not seriously enough for ours and ours. First, they worship us at election time. Then, we fall prey to their disingenuous charades. And finally, we grow disillusioned and vote the other lot in: hoping against hope that they’ll prove different; only to discover that we’ve worshipped a false god to begin with.

But simply to say the whole stinking lot belongs in one cauldron is no longer enough. We must empty the whole kit and caboodle without throwing the democratic baby out with the dirty republican bathwater. Bursting the bubble of this blessed sanctity and sanctimoniousness is perhaps best essayed in the form of a laugh. Irony is lost, and satire and parody played straight in readers’ strained brains.

So here, for your entertainment and edification, is my own adaptation from BBC’s ‘Yes Minister’ on the state of play in matters political in Sri Lanka today. Hopefully, it will inform and inspire us on the way forward to a better and brighter future for the blessed isle that is still beloved from the brackens of Battaramulla to the backwaters of Bintenne.

Seasons under a dark sun

The Daily News is read by people who think they run the country. These include apparatchiks in a supposedly democratic government who once threatened punitive measures against those who acted contrary to the interests of their beloved prime minister. Shame on you, Sagala! There is such a thing as once favourite ‘nephews’ in the Uncle-Nephew Party – such as Caligula (‘little-boots’) with his Uncle Tiberius – growing too big for their little boots! Pity that the pretty posturing as a pseudo-democrat lasts only as long as the lie of the land is in your favour, isn’t it?

The Sunday Observer is read by the people who actually do run the country. Once upon a time – before Sri Lanka was in dire danger of becoming ‘Cloud Coup-Coup Land’ – the country was actually run through the editorial columns of the Observer. Lies, damned lies, and government policy! But that was before the likes of Dharisha Bastians stepped up to the plate to demonstrate that being a State-owned newspaper does not necessarily mean cravenly towing the government line. Well done, you! Hope you get your job back… and keep it under the rule of men entirely great to whom the pen is mightier than both bullet and ballot.

The Daily Island is read by people who think they ought to run the country. There was a time, not too long ago, when its columns counted erudite editorialists who could take a nationalist stand without going the whole hog of chauvinism. Pity that so many of its seniors have recently made a pig’s breakfast of thumbing the tub on exceptionalism and particularity. Today, Ada Derana has become its TV counterpart. For these two organs, Ranil might as well not exist.

The Daily Mirror is read by the wives of the people who run the country. The same demographic who flips through the pages of Hi!! magazine. I recently told one of them that ‘gerontocracy’ was passé and must go! She raised her eyebrows and asked sweetly, “Gerry who, dear?” I lowered my own and replied, “Never mind, pal! It’s you who’s passé!” But it would not be blasé to reflect the mood of the coffee-morning set to say that they feel all those old fogeys masquerading as the men the country needs most must hang up their boots. It’s time for them all – MS (67), RW (69), MR (72) – to seek the greener pastures or bluer skies of long overdue retirement. “Aney, he’s over 70? He still has such good skin tone, no? Must be all those expensive regimens at that spa, men…”

The Colombo Telegraph is read by people who think the country ought to be run by another country. This ranges from the US to the former SU. It all depends on the mood of the mysterious outlet’s editors – if it has any. Or the mindset of its contributors, who range from professionals to propagandists! Try the consistency of an ITN or Rupavahini, who pretend to be balanced, but let the prejudice slip show in how they schedule news. Or even abandon all semblance of impartiality like TNL – and publish and be damned, as they were…

The Colombo Gazette is read by people who think the country is run by another country. Or know it is. Just saying. And they’re just like MTV/MBC/Sirasa, who feel if it is to be another country, it might as well be called the Maharajah Empire, with Chevaan Daniel as premier or Grand Vizier of Gam-Medda, that bid to grasp the village voter by the hand.

The Sunday Leader used to be read by people who didn’t care who ran the country as long as it was them. But that was a long time ago, in a galaxy far, far away. And today – despite the ostensible closure of that redoubtable bastion of mixed messages – a phoenix-like resurrection might prove that there is weeping in the night, but joy cometh in the Morning! But seriously, it’s no skin off our backs. Like Paikiasothy Saravanamuttu once wished Lasantha’s Leader well, we do too – wish the new kid on the block all the best. And – like Sara’s admonition to the late great gadfly – let’s hope we don’t have to ask: “But oh why so scurrilous?”

The Sunday Times is read by people who think they know who runs the country. Or at least they did, until the country bumpkin they linked hands with got fed up of playing second fiddle to a faux-democrat.

The Daily Financial Times is read by people who own the country. I might mention my own bias: to cap my pen; and retire somewhere to at least attempt the Great Sri Lankan Novel. But. Not. Yet. ’Nuff said. The rest is silence – until the nation has need of a dose of critical engagement through satire and parody again.

(Journalist | Editor-at-large of LMD | Writer #SpeakingTruthToPower)

Breaking constitutional and parliamentary norms appears to be the new norm in Lanka

By Editor on November 14, 2018

Colombo, November 14 (newsin.asia): Sri Lanka was for long a bastion of Western culture in social and political behavior. But these markers, which distinguished it from its neighbors in South Asia for decades after independence from British rule, are fast disappearing in the political sphere.

Politics in Sri Lanka is now a crass and unabashed pursuit of self interest and power, irrespective of its impact on institutions so painstakingly built up and so carefully nurtured over the years since 1931 when universal adult franchise was introduced in the island for the first time in the British Empire.

The on-going sordid saga relating to the Premiership of the country involving the President, two Prime Ministers and the Speaker of parliament, brings out the nature of the disease in all its ugliness.
The malaise could become endemic if not checked in time. As on date, Lankans have little or no hope that it will be checked in the absence of a larger than life messianic figure who can take the people on a new path.

On Wednesday, parliament Speaker Karu Jayasuriya declared that a No Confidence Motion against the government of Prime Minister Mahinda Rajapaksa was passed. But this was done in the midst of utter chaos, without a debate and without using the electronic voting system to make sure of the number of Ayes and Nays.

Struggling to call the House to order amidst chaos, the Speaker called for a vote by division. Failing to do so despite threats to adjourn the House, Jayasuriya then moved to take a vote by voice, and declared the “Ayes” had it. Prime Minister Mahinda Rajapaksa was seen leaving the Chamber before the vote was taken. The House was immediately adjourned till 10 a.m on Thursday.

Later the opposition sent a letter to the Speaker with a list of 122 supporters of the No Confidence Motion.

Government spokesman Keheliya Rambukwella said that the Standing Orders of Parliament “lay shattered” as the Speaker accepted a No Confidence Motion presented by the Janatha Vimukthi Peramuna (JVP) leader Anura Kumara Dissanayake and acted on it immediately. The House accepted a plea by M.A.Sumanthiran of the Tamil National Alliance (TNA) to suspended the Standing Orders before the NCM was taken up.

Normally, it takes about five days for a motion of this sort to be taken up by the House. Firstly, all parties in parliament are consulted and dates are fixed for debate and voting. Secondly, as Minister Dinesh Gunawardene said, the electronic voting system is used to leave no doubt about the figures for and against.

“The Speaker flagrantly flouted norms. I say with responsibility that the current Speaker is the worst in the world,” government spokesman Rambukwella said.

Government benches led by Prime Minister Rajapaksa vehemently protested when the Speaker said that a Motion of No Confidence presented by the opposition Janatha Vimukthi Peramuna (JVP) was being taken up. During the uproar, Rajapaksa walked out. The Speaker declared the motion passed with alacrity and promptly adjourned the House till Thursday morning.

Perhaps anticipating trouble, President Sirisena was not present in the House, though customarily the President delivers an address on government’s policy on the day a prorogued parliament is reconvened.

Observers wondered why the Speaker and the opposition leaders took this controversial route when everybody knew that the Rajapaksa government did not have the minimum of 113 MPs in its pocket to survive a Vote of No Confidence.

Even on Wednesday, government MPs, AHM.Fowzie, Vasantha Senanayake, Manusha Nanayakkara, Piyasena Gamage and Vadivel Suresh crossed over to the opposition.

Under these circumstances the Speaker (who has allegedly identified himself totally with the opposition) could have stuck to the established procedure and waited for a few days to have a debate and vote on the No Trust Motion. But a peeved Speaker did not.

Due to this hasty move, the opposition has lost the moral high ground it had acquired when President Sirisena controversially sacked Prime Minister Ranil Wickremesinghe, appointed Rajapaksa in his place, prorogued parliament and dissolved it pursuit of his self interest.

Sirisena could not get along with Wickremesinghe right from the word go in January 2015, though Wickremesinghe had put him up as the Joint Opposition candidate in the January 2015 Presidential election and made him President. Wickremesinghe had been trying to grab power from the President to the utter annoyance of the latter.

At first, Wickremesinghe pressed Sirisena to sign an MoU with him surrendering all his executive powers to him as the Prime Minister. But Sirisena refused saying that he would not surrender the powers vested in him as a directly elected Executive President in an avowedly Presidential System.

Wickremesinghe then used his political dominance to take all the economic ministries under his wing and started taking decisions without consulting the President, though the latter was the head of the cabinet and the government. The President’s party Sri Lanka Freedom Party (SLFP) was also ignored in the Council of Ministers.

With the Presidential system thus threatened and the cabinet not being able to function harmoniously, ministers and MPs from the President’s party the SLFP, pressed Sirisena to break ties with the UNP or sack Wickremesinghe.

SLFP cadres were also eager to tie up with the Sri Lanka Podujana Peramuna (SLPP) founded by former SLFP chairman Mahinda Rajapaksa especially after the latter swept the local bodies elections in February 2018.

But Sirisena hesitated to take such a precipitate step. But this did not prevent Wickremesinghe from pursuing his goal of isolating the President and making a mockery of the Executive Presidency.

The breaking point came in October when the President felt that a perceived threat to his life from a foreign backed assassin was not properly investigated by the police under Wickremesinghe.

President Sirisena then sacked Wickremesinghe and swore in Mahinda Rajapaksa as Prime Minister, though this was bad in law.

Ahe 19 th.Amendment passed in 2015 clearly says that the Prime Minister cannot be asked to go unless he loses a Vote of No Confidence or resigns on his own or ceases to be an MP.

But the President used a single line in the constitution that says that he can appoint any MP as Prime Minister, who in his opinion, enjoys the confidence of parliament, to sack Wickremesinghe and appoint Rajapaksa.

However, Rajapaksa did not have the required 113 MPs to survive a Vote of No Confidence. The President prorogued parliament from October 27 to November 15, allegedly to allow Rajapaksa to get MPs to cross over (with inducements of course).

But when it was clear after several days of assiduous horse trading that Rajapaksa was not going to get the required number ( given the hostility of the Muslim and Tamil parties), the President dissolved parliament in the hope that Rajapaksa will be able to come back to power on a popular wave.
In the meanwhile Speaker of Parliament Karu Jayasuriya jumped into the fray and challenged the prorogation of parliament.He threatened to summon parliament on November 7, though he had no constitutional right to do so.

As per the constitution, only the President can summon parliament.

But given mounting international pressure and subtle hints of sanctions by the EU and US, the President announced the convening of parliament on November 14.

However, knowing full well that Rajapaksa would lose a Motion of No Confidence which the opposition was going to move, the President dissolved parliament, again going against the constitution.

According to the 19 th.Amendment of the constitution, parliament cannot be dissolved before it completes four and a half years. But this condition was not met in November 2018.

This time, the opposition went to the Supreme Court challenging the dissolution. The government’s lawyers argued that the President has the right to “summon, prorogue and dissolve” parliament and that it is a “plenary right” which cannot be linked to any other clause.

But the litigants’ lawyers pointed out that another article in the same 19 th.Amendment gives the conditions attached to the exercise of this power. Parliament has no “plenary power” as argued by the Attorney General, the oppositions’ lawyers contended.

Following this, parliament met as scheduled. But a Motion of No Confidence was moved without following the due procedure. The Standing Orders were suspended to make this possible. The Speaker, in association with the opposition, hurriedly moved a motion submitted only on that day, and amidst chaos, declared that the motion was passed. He dispensed with the debate and a proper vote using the electronic voting device.

As expected the Rajapaksa group did not take it lying down. It maintains that Rajapaksa is still the lawful Prime Minister. “Further steps to establish this claim are being discussed,” said government spokesman Rambukwella.

(The picture at the top shows from left to right: Mahinda Rajapaksa, Ranil Wickremesinghe and Maithripala Sirisena. Photo. Getty Images)

Breaking constitutional and parliamentary norms appears to be the new norm in Lanka added by Editor on November 14, 2018
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