Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, November 22, 2018

Final preparations at Mulankavil thuyilum illam


Final preparations are taking place at Mulankavil thuyilum illam ahead of Tamil remembrance day (Maaveerar Naal) on November 27. 
Volunteers and locals on Monday continued clearing the site and making the area ready for next Thursday's event. 

Political evil paralysing Parliament


What unfolded in Parliament last week cannot be described as politically wrong, improper or even contemptible. None of those adjectives approach anywhere near truth. What unfolds in our Legislature is pure political evil
logoTuesday, 20 November 2018


Our politics has arrived at a point when we must insist on recognising the niceties of human nastiness. Organised horror in Parliament is either trivialised or ignored by most of mainstream media print and electronic.

What unfolded in Parliament last week cannot be described as politically wrong, improper or even contemptible. None of those adjectives approach anywhere near truth. What continues to unfold in our Parliament has happened before in other parliaments in other times. So, we must not delude ourselves. We must identify it and describe it for what it is. What unfolds in our Legislature is pure political evil.

While the methods of political evil are horrific, their goals are familiarly political. They are moral monsters elected by us. Just denouncing them as devilish or demonic is to allow them off lightly. They are all too human with arch inhuman qualities in their corrosive breasts. The leaders sporting maroon shawls benignly ignoring the chaos, when by a simple commend they could call off the hounds were and are equally evil.


Insightful capture of the macabre

What happened on Friday last has been chronicled by a reporter in punctilious, picturesque prose. It rivals and surpasses any horror poetry in its insightful capture of the macabre:

“At 2:20 p.m. when the side doors to the Chamber opened, about 30 Police officials entered in a human chain, forming a barricade around the Sergeant-at-Arms who held tight to the Mace, the symbol of an official session of Parliament. The Speaker walked in behind the Mace. JO MPs pelted the Police officers with chairs, thick bound books and threw water mixed with chillie powder at the wall of Police officers who were unmoved and never retaliated. Johnston Fernando led the charge.

“Amidst the chaos, with Psecurity holding cushions over his head to prevent attacks from projectiles, the Speaker conducted a sitting from a makeshift bench on the aisle of the Chamber. His microphone worked, and the Hansard recorded all of it. Standing Orders were suspended by majority vote.

“The no confidence motion against Prime Minister Rajapaksa passed on Wednesday was tabled again with its first clause deleted. The Speaker called for order, so he could take a vote by name. Since JO MPs did not heed him, he took a voice vote. ‘The Ayes have it,’ the motion was carried, the Speaker declared shortly before he adjourned the session till 19 November. Through all this the JO continued to hurl things at MPs, the Police and the Speaker.

“Realising he had been defeated former President Mahinda Rajapaksa turned and walked out of the Chamber as the packed gallery hooted at him. His MPs continued to roar with protest but the UNF/TNA/JVP had declared victory. These were incredible scenes.”

When a reporter asked Parliamentarian Keheliya Rambukwella about the chaos inside the Chamber, his wide-eyed response was, “What chaos?” That was Orwellian doublespeak at its best.


Pure evil

This is pure evil. There is no other word to describe it. Throughout human history, there have been such aberrations when politics links up with evil.

Practitioners of political evil are not insane although they commit insane acts. What makes perpetrators of political evil so scary is their rationality and their deliberate indifference to decency. They consider evil to be a legitimate political instrument to achieve their political goals. They are in effect do what terrorists do in unleashing violence.

As political science scholar Alan Wolfe in his classic study of ‘Political Evil’ asserts ‘Political Evil’ comes with its own shock of recognition.

Thanks to digital technology, parliamentarians responsible for the pandemonium have been captured precisely and perfectly together with their individual contributions to the chaos, destruction and violence are readily and precisely available for the curious and concerned citizenry.

It is not a purposeless excess. We must recognise its strategic purpose. It has a political character. Identifying its political character is the essential prerequisite to counter it and to defeat it.

This is not about restoring the UNF administration or the premiership of Ranil Wickremesinghe. This is about fighting and defeating political evil. The JVP, the TNA and the Muslim minority parties have decided to close ranks with the UNF to counter what they have correctly identified as political evil.

What is this evil? The JVP as a political minority, and other parties that are ethnic or religious minorities have recognised the transgressive nature of this political evil.

The hijack of the Legislature is a break with common morality and established custom. It not only violates the law but thrives on its ability to cause havoc and create fear. Democratic politics are conducted according to rules and its practitioners are bound by law.

We ignore these simple, absolute and manifest truths on ‘political evil’ at our own peril.

In this hour of great political peril, only a fiendishly ferocious mind immune to democratic niceties would describe the TNA as a ‘bosom buddy,’ ‘hand in glove with the UNP’ or the Marxist JVP as a ‘close ally of the UNP’.

Conflating the motives of political evil doers with our own biases and punditry is blatantly myopic and brazenly imbecilic. Such mischief to weaken the political alliance that is now in a do-or-die battle to salvage our parliamentary democracy must be condemned unequivocally.

Politics and evil have linked throughout history. In Shakespeare in Richard III describes the perpetrator of political evil:

For conscience is a word that cowards use,

Devised at first to keep the strong in awe.

Our strong arms be our conscience, swords our law.

How does democracy collapse? How does autocracy begin? The common myth is that, it happens when people lose faith in democracy. That is not how it happens.

It happens when political elites or what we call the political class polarise themselves and mistake the actions of a few rabble rousers and the cacophony they unleash as the entrenched preferences of the many.

But that is nor what is happening today. The young girls smartly attired carrying placards declaring ‘we are here not for Ranil but for democracy’ is a phenomenon as real as the phenomenon of the metamorphosis that makes the caterpillar in to a butterfly.

Only the diehard partisans support the ‘putschists’ while the vast mass of the population have refused to be stampeded in to supporting the power grab.


Political polarisation 

Political polarisation that occurred on 8 January 2015 is very much in place. Post 26 October zeitgeist is different from that which allowed the ‘Pohottuwa’ performance in the Local Government election which essentially indicated the better mobilisation of the core of the Rajapaksa ‘royalisation’ project.

There is now a less visible, private polarisation and a change in public opinion. The public revulsion of the events in parliament is obvious to all but the core conspirators and their immediate support base.

The new discourse in social media has filled the vacuum created by the oligarch controlled mainstream media that has insistently attempted to maintain a façade of normalcy and business as usual. Social media has also energised civil society transforming it in to ill-defined but terribly credible social movements that will ultimately arbitrate in the process of public polarisation.

Political parties can no longer command the uncritical mass base that they once held captive. Much has happened in the three years since 2015.

Social media is a loud speaker for the masses to express dissent, frustration and anger. It is also a reluctant endorser and a grudging approver.

Apathy of the masses was the common explanation for democratic failure in the 20th century. That is no longer the case today.

The insistence on a general election under a caretaker government that has a demonstrated contempt for Parliamentary procedure is a naked admission of their intent to intimidate the electorate. The ordinary people must take the initiative in shaping their destiny in these extraordinary times.

Usage Of Cluster Munitions In Sri Lanka 

Kumarathasan Rasingam
logoSri Lanka is the 103rd country to join the 2008 Convention on Cluster Munitions. Sri Lanka acceded to the Convention on March 01, 2018.
Under the Convention, Sri Lanka is required to show transparency and report annually in a public document on use, stockpiling, clearance and destruction. These obligations include issuing an immediate and effective warning to civilians living in cluster munitions contaminated areas. Instead the Sri Lankan Army has to date tried to hide discoveries of cluster munitions and has not informed or consulted local community as required by the Convention.
It is very surprising and raised the eyebrows of the civilized world and human rights activists how Sri Lanka was awarded the Presidency on the Convention of Cluster Munitions.
As the new President of the Convention on Cluster Munitions, Sri Lanka must explain why de-miners have found cluster remnants in the 2009 war zone. M/s Jasmin Sooka Executive Director International Truth and Justice Project – Sri Lanka said.
“All the evidence points to Government Forces using cluster munitions in 2009 against densely populated areas that they unilaterally declared safe zone for hundredths of thousands of Tamil civilians.”
She also said “Fudging your own past use is simply not an option as President of the body championing the campaign to eliminate the banned weapons.”
The Guardian of June 20, 2016: Published the following information:
“Images that appear to confirm the use of cluster bombs in the end stages of Sri Lanka’s civil war have been uncovered as new testimony emerged suggesting the country’s armed forces may have deployed the munitions against civilians.”
The denial of the use of cluster munitions and the destruction of forensic evidence over the past several years illustrated exactly why it is critical the international investigators and forensic experts be included in any future war crimes prosecution mechanism.
The International Truth and Justice Project on its Press Release on 28th September titled PRESIDENT OF THE CONVENTON ON CLUSTER MUUNITIONS, SRI LANKA MUST COME CLEAN ON PAST USE.
[View the link for detailed information] The Press Release further stated as follows;-
“In Sri Lanka’s case they have driven many de-miners and UN staff out of the country and effectively silenced the witnesses. There are also many victims among recent refugees outside Sri Lanka in countries like Switzerland; their geographic dislocation should not diminish their rights as victims,” said Ms. Sooka. “The Convention requires Sri Lanka to undertake a victim survey which should include victims abroad subject to internationally recognised witness protection provisions.”
Witness155: saw them used in Vishwamadu “The artillery of the Security Forces would shoot the cluster munitions. However, there would not be a huge noise at this point. There would be a huge noise when the cluster bomb exploded. The main cluster munition would explode high in the air and then small bomblets would flower out from it. I personally witnessed this. When the bomblets started flowering out they would sound like heavy rain. The bomblets would all explode separately over a fairly large area. When the bomblets fell and exploded they would hurt and kill people. Some bomblets would fall to the ground, but not explode. The bomblets from the cluster munitions were bell-shaped and very attractively packaged. The bomblets had a red ribbon on them, which made children mistake the unexploded bomblets for a toy. Sometimes, children would see the bomblets and try to play with them. On one occasion in Vallipunam, I personally witnessed a little girl pick up a bomblet and get injured. The little girl died and two or three children nearby were injured”.
A 2011 report by the UN Secretary General’s Panel of Experts cited allegations that the Sri Lankan Army used cluster munitions, especially around Puthukkudiyiruppu (PTK) town and in the second “No Fire Zone”. It also described witness accounts that referred to large explosions, followed by numerous smaller explosions consistent with the sound of cluster bombs.
UN Expert Panel Report on Accountability in Sri Lanka had also presented the allegation of Sri Lankan Army using cluster bomb munitions or white phosphorous or other chemical substances against civilians during the war. Since the panel was not able to reach to any conclusion regarding their credibility, it recommended further investigation into this allegation. The Sri Lankan Government refused to conduct any such investigation and on the contrary, it regularly tries to silence anybody who wants to initiate any independent investigation into this matter. According to the wife of Prageeth Ekneligoda, the political columnist and cartoonist who has been missing since 24 January, 2010, the main reason for his disappearance is an investigation he carried out on the alleged use of chemical weapons by the Sri Lanka forces in 2008.
War Without Witness [WWW] Reports:
Sri Lankan Government uses Chemical Weapons in Vanni (Northern part of Sri Lanka) Warfront Initial results of Independent investigations conducted by “War Without Witness” confirms that Sri Lankan Government uses Chemical Weapons in Vanni (Northern Part of Sri Lanka) war front both on civilians and its enemy combatants. Two victims were examined by a qualified independent doctor in Vanni ‘Safe Zone’ on 05th April and the initial results have been peer-reviewed by an experienced doctor in United Kingdom. Since the Government of Sri Lanka has banned access for all the Independent monitors, Humanitarian Workers including UN and the media, the combat zone is being isolated from the outside world; War Without Witness regrets that a comprehensive forensic/chemical analysis report could not be produced at this point of time.

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Wednesday, November 21, 2018

Buddhist militaries, both accused of crimes, meet to pray

The head of Myanmar’s navy paid a trip Kandy last month, where he met with a senior Sri Lankan military commander and visited the Temple of the Tooth.
Home 19 November 2018
Admiral Tin Aung San, Commander-in-Chief of Myanmar’s Navy led a delegation to meet Major General T J Nanayakkara, before both parties visited the “inner chamber for veneration,” according to an official military website.
Reuters investigation earlier this year revealed how a joint operation by Myanmar’s airforce, army and navy launched a campaign that would drive hundreds of thousands of Rohingya Muslims from their homes, in alleged crimes that have been described by many as a genocide of Rohingya Muslims.
The United Nations have called for criminal investigations into crimes against humanity for several senior Myanmar military figures including the Joint Chief of Staff of the Army, Navy, and Air Force General Mya Tun Oo.
Sri Lanka’s Major General T J Nanayakkara has previously  held several senior positions with the army stationed across the North-East, including the 56 Division GOC, 54 Division GOC, Brigadier General Staff at Security Force Headquarters in Mullaittivu and Commander of Area Headquarters in Mannar.

A Quest For Power: Mahinda, Ranil or Sirisena?

Featured image courtesy SL Guardian

JUDE FERNANDO-11/21/2018

Misery acquaints a man with strange bedfellows.” (‘The Tempest’)

Maithripala Sirisena, Mahinda Rajapaksa and Ranil Wickremesinghe are invoking the notion of the ’will of the people’ to conceal their selfish interests, and their amoral and deracinated feudal elitism.

Sri Lanka: Sirisena’s Decision to Dismiss the Parliament is Ultra Vires

Indian constitutional jurist and senior advocate to the Supreme Court has penned his opinion on prevailing constitutional crisis in Sri Lanka

(November 20, 2018, Colombo, Sri Lanka Guardian) President Sirisena’s Proclamation of November 8th, 2018 to dissolve the Parliament is ultra vires the Constitution of the Democratic Socialist Republic of Sri Lanka, a renowned jurist in the Supreme Court of India, Fali S. Nariman observed.
Fali Sam Nariman
Born in Myanmar (Burma) but now based in New Delhi 89 years old senior jurist was the senior advocate to the Supreme Court of India since 1971 and has remained the President of the Bar Association of India since 1991

Shame

Dr. Chamindra Weerawardhana
logoWriting about the current political crisis in Sri Lanka on 30th October 2018, this writer noted: we do not want state power – in one of Asia’s oldest democracies and in a place where the Constitution and the Rule of Law ‘matter’ – to go to the hands of vain and mediocre village thugs whose only priority is to establish a dynastic dictatorship.
The significance of this point was amply clarified in Parliament on the 15thand 16th of November 2018. 
Let’s keep it simple: Mahinda Rajapaksa, who was appointed Prime Minister on 26th October 2018 in the most disgraceful manner, has no parliamentary majority. Ranil Wickremesinghe, for his part, has a clear parliamentary majority. Sensible people in Rajapaksa’s own camp, including the likes of Kumara Welgama MP, have clearly emphasised the need to respect the parliamentary majority. 
This is precisely what the orchestrators of the 26th November coup are unwilling to do. It is by now clear that the President is hell-bent on pursuing his agenda of maintaining Mahinda Rajapaksa’s premiership and the 30-member cabinet he recently appointed, until Parliament is dissolved. His objective, as many analysts have rightly highlighted, is that of securing a second presidential term at any cost. This means that there is, unfortunately, a likelihood that the violent scenes of 15th and 16thNovember 2018 will be repeated in more violent forms at the forthcoming parliamentary sessions. 
Legislature violated 
The legislature is a place for legislators. It is a place where the spoken word primes. It is a place where parliamentary language has to prevail. It is a place where parliamentary procedures and best practice must be followed at all times. 
A platform of this nature is not one for politically illiterate village thugs, who navigate the political sphere through petty manoeuvring. Such individuals holding sway in the legislature has in fact been the biggest threat to Sri Lankan democracy. 
Sensible advice ignored
There appears to be a segment within the Rajapaksa family that understands the current situation, and concur that the most advisable step is for Mahinda to step down, and take to the opposition benches, thereby accepting the fact that Mahinda does not command a parliamentary majority at this point of time. Indeed, this would have given the SLPP tremendous leeway at the next elections, as it provides them with the opportunity of mounting a strong challenge against the UNF, also capitalising upon the fact that they abided by democratic best practice in a situation of acute political crisis. 
However, this strategic insight has been categorically ignored by the tactless village thugs who form the large majority of the Rajapaksa camp. Many of who orchestrated the coup, (such as an MP who lost the 2015 general election in the Nuwara Eliya District but was taken in through the back door), are known for their lack of any scruple in their power games. Having worked with Chandrika Kumaratunga in her 1993 provincial council and 1994 general and presidential campaigns, the aforementioned individual emerged as a leading figure during Kumaratunga’s first term of office. The presence of individuals of this nature was a key factor that eventually stained Kumaratunga’s presidency [for example, those who recall may recall the electoral violence unleashed during an infamous Wayamba Provincial Council election]. 

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President should use his new clout to end the crisis

 2018-11-20
Sri Lanka’s leaders of all political hues are not necessarily the champions of liberal democracy. Nor are the country’s elections, which are regularly held, but generally tainted by misappropriation of state property, free and fair in a genuine sense. However, outcome of elections was often the reflection of the overall popular mood. They were not stolen. There is also an overall political consensus to accept the people’s mandate in the elections, and its reflection in the national and provincial legislature. This broader consensus exercised a moderating influence on the usual ugliness and arbitrariness of politics. That is why we did not have paralyzing strikes and hartals to settle scores between the political elites of the kind generally seen in Bangladesh. That is also why Sri Lankan politics had been free of violent ouster of an elected government, at least since the defeat of the JVP insurgency.   
The on-going constitutional crisis is threatening this consensus. In the first place, the trigger of the crisis is the President’s highly controversial and arbitrary sacking of Prime Minister Ranil Wickremesinghe, and the appointment of Mahinda Rajapaksa as the Prime Minister, and subsequent dissolution of Parliament, when the latter failed to muster the support of the plurality of MPs in Parliament. The sequence of these events was guided by cynical calculations over the time and space to orchestrate cross- overs from the Opposition, and to manipulate the judiciary. Each of these steps went wrong. MR and Sirisena failed to lure sufficient number of MPs. Then, facing a No Confidence Motion against the former, the President dissolved Parliament. The presidential proclamation was suspended by the Court which issued a staying order against the dissolution of Parliament.   
The trigger of the crisis is the President’s highly controversial and arbitrary sacking of Premier Ranil Wickremesinghe, and the appointment of Mahinda Rajapaksa as the PM
The Court order effectively turned tables against the President and his Prime Minister appointee MR. Yet, it is at that point that the constitutional crisis ceased to be ‘constitutional’. It is now being guided by extra-constitutional means, that treat the constitution with contempt.   
The President can no longer defends his course of action, his PM has failed to muster a majority support in Parliament. The game plan has effectively shifted from defending their actions in the name of the constitution to the disruption of due constitutional process in order to fight off the constitutional challenge. The UNP, JVP and TNA have passed three consecutive No Confidence Motions within a week against MR. The MPs of the Joint Opposition disrupted the proceedings and the vote each time and wreaked havoc inside the House. They refused to take part in a vote by division, leading the Speaker to take a voice vote, which President Sirisena has used as an excuse to refuse to accept the outcome of the vote.   
The President’s conduct and justifications of his action is ludicrous and childlike. Yesterday, IP Nishantha Silva who had been leading the investigation into a number of war time atrocities, including the abduction of eleven Tamil youth by a Navy intelligence unit, was transferred out of CID, reportedly on the instructions of the President. The latter has also re-enacted another phase of highly expensive cross overs, setting a deadline for MR to show his majority in the House.  
The President is increasingly becoming detached from reality. He triggered the worst ever constitutional crisis, simply because he did not like the face of Ranil (for which latter may have reasons, but, the Constitution does not provide pretext for settling personal prejudices). By doing so, he plunged the entire country into turmoil, the economy is taking a heavy tool. The rupee is on a free fall. International image of the country and the president is in tatters.   
Each move by the President to prop up his position has come a cropper. Yet he keeps digging in the hole he dug himself into, perpetuating the crisis
Each move by the President to prop up his position has come a cropper. Yet he keeps digging in the hole he dug himself into, perpetuating the crisis. His personal calculations have taken the better of him at the expense of the country. He is presiding over a reign of disorder.  
He seems to ravish the power he wields momentarily over both his oppositions and allies. But, he has done precious little to make use of that clout to resolve the crisis. He held an all party meeting during the weekend, and another yesterday, ostensibly to find means to end the stalemate. Both meetings ended inconclusively. But that might serve the calculations of Sirisena and MR and their goons. They believe in perpetuating the crisis so at one point , the UNP and the other parties will give in to their call for snap General elections. Elections extracted through the threat of political and economic disruption would set a bad precedent and could well be emulated by others in the future.   
President Sirisena’s fall from grace is spectacular. That is his own making. However, the country and the people should not be held hostage by his whims and fancies, and personal political calculations. He should clear the mess that he himself created and use his authority to instruct his loyalists to allow and take part in an orderly floor vote. The outcome of the vote should end the rival claims as to who command the majority in Parliament.   
President Sirisena is not inclined do that as the JO and a government that he appointed fall well short of majority. 
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19-A fetters Parliament, not President

article_image

By C. A. Chandraprema- 

By now, every one in the country would have realized that the current political mess that the country is in, stems from the changes made or purported to be made in the Constitution, by the 19th Amendment. From the very beginning, the 19th Amendment Bill itself has been a mess. On the one hand, though it repealed and replaced Article 30 of the Constitution, the Bill sought to retain a President who was directly elected by the people and who was designated as ‘the Head of the State, the Head of the Executive and of the Government and the Commander in Chief of the Armed Forces’. The only substantial change made by the 19th A with regard to the status of the Executive President was reducing his term of office from six to five years. This fact basically doomed to failure the substantial changes that the 19A sought to make in the status of the Prime Minister.

The 19A sought to make substantial changes to the status of the Prime Minister by repealing and replacing Chapter VIII of the Constitution so as to make the Prime Minister (a) the head of the Cabinet of Ministers. (b) to confer on the PM the power to determine the number of Ministers and the Ministries and the assignment of subjects and functions to such Ministers (c) to make it mandatory for the President to appoint Ministers on the advice of the Prime Minister, and (d) to vest the PM with the power to at any time change the assignment of subjects and functions and recommend to the President changes in the composition of the Cabinet of Ministers. Had these changes been made, that would have made the PM the effective head of the government in a situation where the President not only was to continue to be elected directly by the people, but also designated as the head of the executive and the head of the government among other things just as he was before the 19A. In its Determination on the 19th Amendment, the Supreme Court held as follows:

1. The People in whom sovereignty is reposed made the President the Head of the Executive in terms of Article 30 of the Constitution and entrusted in the President, the exercise of the Executive power. If the people have conferred such power on the President, it must be either exercised by the President directly or someone who derives authority from the President. If the inalienable sovereignty of the people which they reposed on the President in trust is exercised by any other agency or instrument who do not have any authority from the President then such exercise would necessarily affect the sovereignty of the People.

2. The transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of exercise of the sovereignty of the people, the ultimate act or decision of his executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and others to whom to such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President.

What naturally happened on the basis of the above was that the Supreme Court struck down all the changes that were sought to be made to the status of the Prime Minister by the 19th Amendment Bill on the basis that such amendments required a referendum and we were back to square one.

Today, we hear UNP lawyers like Dr. Jayampathy Wickremaratne arguing that under the changes that the 19th Amendment made to Article 70 of the constitution, the President cannot dissolve Parliament until the lapse of four and a half years or Parliament passes a resolution by a two-thirds majority requesting the President to dissolve Parliament. On the other hand, we hear lawyers like President’s Counsel Manohara de Silva arguing that the 19th Amendment introduced a new provision to Article 33 of the Constitution in the form of Subsection (2)(c) which states that the President will have the power ‘to summon, prorogue and dissolve Parliament’ - in addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, and that this new provision gave the President unfettered power to dissolve Parliament.

What really has taken place here? Was a fetter placed on the power of the President to dissolve Parliament by the changes made to Article 70(1) by the 19th Amendment? After the 19th Amendment, Article 70(1) of the Constitution, now reads as follows: "The President may by Proclamation, summon, prorogue and dissolve Parliament: Provided that the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of Members (including those not present), voting in its favour".

It should be understood that both before and after the 19th Amendment it is only the President who has the power to dissolve Parliament. There is no provision in our present Constitution for Parliament to be able to dissolve itself. Before the 19th Amendment, Article 70(1) of the Constitution had a provision saying that Parliament could request the President to dissolve Parliament through a resolution passed by a simple majority. After the 19th Amendment, Parliament can make that request from the President only through a resolution passed with a two thirds majority. Both before and after the 19th Amendment, Parliament can only ‘request’ the President to dissolve Parliament. There is, and never was any provision in the Constitution both before and after the 19th A whereby Parliament can ‘order’ the President to dissolve Parliament and which binds the President to carry out such an order. Both before and after the 19th Amendment, when the President receives a ‘request’ for dissolution from Parliament, it is entirely up to the President to decide whether he is going to accede to that request or not.

The dissolution of Parliament either at his discretion or on a request coming from Parliament itself was always a prerogative that goes with the executive power vested in the President. In the Supreme Court determination on the 19th Amendment, it was very clearly stated that ‘so long as the President remains the Head of the Executive, the exercise of his powers remains supreme or sovereign in the executive field …’ Even though Dr. Jayampathy Wickremaratne argues that the amendment made to Article 70(1) by the 19th Amendment has taken away the power of the President to dissolve Parliament before the lapse of four and a half years and vested that power in Parliament, the SC Determination on the 19th A clearly stated that ‘the transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution.’ Therefore, such a shift of powers would need to be approved at a referendum.

In its Determination on the 19th A, the Supreme Court struck down many provisions on the grounds that they would need to be put to a referendum. However, the SC did not consider the change made to Article 70(1) as having taken away the power the President had to dissolve Parliament. The reason for this obviously was the insertion of the provision in Article 33(2) (c) upholding the unfettered power of the President to dissolve Parliament whenever he deemed fit. The fact that Article 33(2) (c) was not in any way been made contingent on Article 70 (1), shows that the latter Article was in no way meant to qualify the former. Had the proposed Article 70(1) in any way qualified Article 33(2) (c), the SC would have immediately taken note of Article 70 (1) as a provision seeking to take away an important discretionary power of the President and give it to Parliament. That would have required a referendum because ‘the transfer, of a power attributed to one organ of government to another organ would be inconsistent with Article 3 read with Article 4 of the Constitution’.

Because Article 33(2) (c) has not, in any way, been made contingent on Article 70(1) the effect that the change made to Article 70(1) has been not to fetter the President’s power to dissolve Parliament, but to impose fetters on Parliament itself, by making it necessary to have a two-thirds majority to request the President to dissolve Parliament – which before the 19th Amendment could be done with a simple majority in Parliament! It should be borne in mind that Article 70(1), after the 19th Amendment, speaks only of how Parliament can ‘request’ the President to dissolve Parliament. The actual decision to dissolve or not dissolve is still very much with the President and there is nothing that Parliament can do to force a dissolution. So we see that Articles 33(2) (c) and 70(1) are in alignment with one another when it comes to recognizing the President as the sole authority that can dissolve Parliament at his discretion.

It is important to note that even if Parliament passes a resolution by a two-thirds majority, that still does not take away the President’s discretionary power in this regard.

Coup Sri Lanka: some winners, mostly losers


UNHOLY TRINITY: Not a Mexican standoff between Prez and two Premiers as a trio; nor a troika of brothers from a previous regime. But the triadic playoff between power, corruption, and moral turpitude! And how democracy, republicanism, and good governance (remember that?) have fallen by the wayside…
logo Wednesday, 21 November 2018

As a president proves shockingly stubborn, a nation waits with baited breath as to what His Excellency the loose cannon on a rocky slope will do next.

Two Prime Ministers and the fates of their respective parliamentary groups hang in the balance like trapeze artistes. A Court bides its time until submissions and counter-submissions are made, and half the polity chews their fingernails in no little anxiety. That the final judgment will steer the ship of State in one of two directions is evident. To safe harbour for a brief while at least or stormy open seas yet again.

There is a plethora of small to medium-scale and even larger players scrabbling for a footing on these shifting political sands. Buff, polish, buffer, pad up, look respectable to shareholders and stay afloat on the stock market – the lot of many corporate houses these days. It’s the economy, stupid! And stupid corporate press releases. Plus in the real world, real worries. A staggering currency at an all-time low; dwindling reserves; a balance of payments act crippled by budgetary rudderless-ness.

Then there’s the bastion of the Central Bank. A bulwark by dint of adroit and impartial management acumen against political vagaries – but can it valiantly stave off our “rather onerous debt burden” and worsening country sentiments indefinitely? The new captain at the helm of the CBSL would be forgiven for feeling like the boy who stood on the burning deck…

Already, who some of the losers are – from banks and businesses and boutique hotels to the tiny tea kiosk at the street corner – is clear. Most obvious perhaps is Sri Lanka tourism, this year Lonely Planet’s “prettiest girl on the beach”. Maybe least noticed in the parliamentary mêlée are the lamentable losses incurred to special trading privileges such as GSP+. National coffers run dry courtesy IMF et al., “pending further clarity on the political front”. At the time of going to press, it was as clear as MP Johnston Fernando’s chilli-stained chair-throwing hands.

Winners

So what’s the top three players’ “end game”? An erstwhile one-term President is no doubt as pleased as punch at the low blow he aimed at the body politic for reasons best known to him. He probably has reasons himself of which reason itself knows nothing. He might even be congratulating himself that in one fell swoop he has rid himself of a troublesome Prime Minister and proven himself the larger man by embracing a former enemy to his bosom with hoops of steel.

If one person’s personal ambition is going to cripple the country’s prospects, ‘Aiyo Sira’ had better stand in line. We are not likely to forget JR or RP or forgive VP, leave alone fawn over CBK, MR in a previous avatar and RW in an intended future incarnation. If there is one lesson that it is still not too late to learn, it is that the Exec. Has. To. Go. – 20A, anyone?

Losers

But it might be more than the sitting Prez who comes a-cropper. As it is, Maithri’s standing is precarious. That his brace of Premiers could gang up on him to impeach His Excellency may be keeping him up later than his customary bedtime. And the writing is on the wall for 2019’s presidential race. For whomever the UNP fields, it is evident a former president on the loose again will campaign in whatever capacity – godfather of the nation or great proxy for a brother – against the incumbent.

If MR thinks, however, that the SLPP’s landslide in the LG polls is the barometer of his budding victory, he must think again. The floating voter impressed by his military derring-do and get-it-done fraternity has probably bobbed away after the hideous show of hooliganism in the House. Plus the economic perils we face at present and the ever-looming threat of regional politics needing a dab hand at diplomacy will probably erode the city-based genuinely nationalist vote he has taken for guaranteed before.

There is such a thing as being too smug, and Mahinda has been there and done that – at his cost, and ours – before.

Also-rans

In the meantime, public sympathy for RW – like our national reserves and brief international respite from being a banana republic – is rapidly dwindling. Where once the urban and urbane held that “Ranil must go, but not like this” – now, they’re more willing than before to “let him go gently into the good night”.

A rearguard of GOP conservatives and their sly social media apologists might desperately plead that he must remain in situ and make amends before stepping down next year. But even that old guard’s sneaky last stand by inveigling my mother-in-law’s naïve and sentimental empathy may have heard the sound of the last post in long-sidelined UNP Deputy Leader Sajith Premadasa’s dulcet tones. Speaking with decorum like a seasoned campaigner to international media scenting the kill.

Star non-players

But the son of ‘anti-impeachment Ranasinghe P’ might prove obdurate in the face of Ranil’s lasting displeasure. He and other aspirants to the UNP’s purple may well be reminding themselves of the many internal reform initiatives that the green leader has faced and survived to thrive by stirring up apathy wherever he went after that. They are as legion as his electoral defeats.

While SP may stay staunch and true to his party leader, counting discretion the better part of valour, the real strategic campaigner might prove to be another UNP stalwart to whom Maithri offered the Premier’s mantle. The Honourable Speaker may be seen by many newfound fans as the last man standing in a shambles of a House.

But some can’t forget he came late to this match of the democratic-republican game. Nor can they forgive him for proceeding with caution in the early stages, with sterling under-fire delivery on post-14 November sittings coming on the heels of tactical delays in the first days. Where was our Guy Fawkes then? And have we forgotten how he crossed over under compulsion, or to be fair by an incorruptible conscience, when Mahinda pulled 17 green birds?

Red card

Could it be then that Maithri was not being unmindful of his SLFP audience at that public rally when he dropped the names of Sajith and Karu like two bricks? Some suggest they fell at his two leftist feet. Let’s give native cunning its due, however – that’s where the MS-MR combine see the principal (and perhaps principled) opposition to their project coming from. At least as far as the UNP goes.

As far as the UNP goes, the farther the better – if they don’t get their act together! Maybe they feel their primary calling today is to be a lightning-rod for democracy in the face of egregious constitutional and parliamentary abuses. Perhaps if they’d cleansed those Augean stables to begin with, as we mandated them to do, we could have been spared an increasingly horrendous coup…

Spectators

Civil society – the Colombo and other main city-based segments of it – are in danger of being the real losers.

On the one hand, a cynical UNP has worked them at both ends. Something the greens are good at doing – organising the rallies in left field and then making a sprinting dash to breast the tape, beating their not very impressive chests and claiming: “It was a famous victory for democracy, that rally was!”

On the other, a corrupt gang of desperados trying to get back into power by hook or by crook – their treasons, stratagems and spoils ranging from the unconstitutional to the uncivilised. To whom liberty means a cinema and roundabouts are the swings they too demonstrate around in far less orderly fashion!

Some citizens good and true from grannies to trannies have not been content to watch or be armchair warriors. They have burned shoe leather at sundry vigils for all the world of good it has done to get a quisling President to change his mind. Yes, change it again – after he changed it the last time! And our nation’s destiny and future prospects at the stroke of a gazette-signing pen. He’s probably one person in the whole kit and caboodle of the political cauldron who’s everyone’s favourite loser – the poor fishy farmer that he is.

Let us not return insult for injury. Two parts of the playbook remain unexplored. First, let the President himself – who so disingenuously thanked his MPs for being models of rectitude at their last outing – permit the law of the land to prosecute them for their vandalism and violence at their two previous excursions.

Then, consider posterity rather than his own fundament – and grow a pair, voila! As well as a socio-political conscience! And appoint someone from the UNP as prime minister. And, if that check and balance between personal ambition and youthful naivety in the House won’t work, call that presidential election – and let us all lose… again. 

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

The Parliament Fair


MARYANNE PHILIP- 

I went to the Parliament fair,
The thugs and the thieves they were there,
A big buffoon, in broad daylight at noon,
Had taken the Speaker’s Chair.
The thugs and the thieves they did shout,
While throwing their weight about,
But others sat still and their time did fill
Making sure of the majority count.
The Speaker at last did appear –
The brave man he had nothing to fear.
Though around him they ranted and raved,
Behaving just like the depraved.
Books and chairs through the air did fly,
Chillie powder hit some in the eye,
The thieves ran away with the chair,
While the thugs fought on in despair.
The Speaker his work he got done,
With no interruption to their fun,
While the donkeys set loose in the well
Paved their own pathway to hell.
So that is the tale of the Parliament fair,
Which I thought I must with all of you share,
For now they say that it’s not what it seemed,
And maybe it’s only what I must have dreamed.

Image courtesy Lahiru Harshana/Associated Press, via The Washington Post

Founding Editor’s Note: Groundviews was launched in 2006 as a platform to capture and amplify resistance to the violent capture and retention of political power. Much of the platform is dedicated to and features serious writing. However, during the war and  for around two years after, the most read, shared and engaged with content on this site came from Banyan News Reporters. Long before the wonderful NewsCurry, this trenchant satire served as an incisive critique of the Rajapaksa regime’s many excesses, nepotism, corruption & violence. As Dr Asanga Welikala reminds us, the “battle for the soul of a nation” must take forms other than just academic, legal debates. This poem joins a growing volume of content on Facebook and Twitter that targets President Maithripala Sirisena, Mahinda Rajapaksa and the SLPP for the unprecedented chaos they, in concert, unleashed on Sri Lanka.