Sri Lanka: No room for Ranil— Prez reaffirmed

I will not re-appoint Ranil as PM even if 225 MPs consented – President Sirisena

(December 4, 2018, Colombo, Sri Lanka Guardian) President Maithripala Sirisena has reaffirmed that he will not re-appoint Ranil Wickremesinghe as the Prime Minister even if all members of the Parliament ( 225) gave consent, Laxman Kiriella MP, told the media after the meeting with the President.

Meanwhile, President Sirisena has told the Tamil National Alliance (TNA) that he will take the next step in 24 hours as a result of the Court of Appeal ruling today on Mahinda Rajapaksa.

The TNA media unit tweeted saying at a meeting with the President today he admitted there was no Prime Minister or cabinet following the court order.

He said that he will take action in 24 hours and also meet with the National Security Council and other relevant officials.

Maithri Palanayak, Sthavara Ratak 

By Shiranee Dissanayake –DECEMBER 3, 2018

Shiranee Dissanayake

Maithri Palanayak, Sthavara Ratak (A Maithri Style of Governance, A Stable Country)      

Mr. President, as a concerned fair minded citizen who voted you into power I would like to begin by asking you a very simple question. How much longer are you prepared to wait for Mr. Mahinda Rajapaksa to show his majority in Parliament and watch indifferently as the economy of our beloved motherland rapidly descends into the depths? 

Today we are confronted with the most ludicrous situation where the Speaker of Parliament does not recognize the government appointed by you on 26th October 2018 and the purported government does not recognize the Speaker. The conflict is based on the differences of opinion on the interpretation of the provisions of the constitution with regard to removal of the Prime Minister and dissolution of Parliament. Currently the dissolution of Parliament issue is before the courts.

The drama which was enacted in Parliament over the past month which was broadcast  live, clearly shows the depths to which politics in this country has descended. You are more than aware of the circumstances which led to this situation. I am sure you will agree that this complicated confused situation is a direct result of the decision you took on the 26th of October 2018.  

Looking back at your appointment as President on 8th January 2015, and the sequence of events which followed, it is an undisputed fact that you were accepted by all communities in Sri Lanka as their President as you came into power by the vote of all three communities namely, Sinhala,Tamil and Muslim. 

When you made the bold, life threatening decision to move out of the Rajapaksa camp and contest the presidential election against Mahinda Rajapaksa, as the common candidate of the United National Front (UNF) your promise of a Maithri Palanayak, Sthawara Ratak succeeded in winning the respect, admiration and trust of the people. This was certainly not because you supported the UNP but because you displayed the qualities of a true statesman who was committed to act according to your conscience, abolish the excessive powers of the executive presidency, protect democracy and install good governance. What the people wanted was a free and just society where people of all races, religions and political hues could live in equality, peace and harmony with each other. And that is what they expected you to deliver.

During the first year of rule as President you cut down the allocation for the security and maintenance of the President. Every speech you delivered reflected your commitment to be fair by all communities irrespective of their race, religion and political hues. You took over the ministry of environment in order to ensure a safe and clean environment for our future generations. You assured the people that the old order of Mahinda Rajapaksa will not find a place under your leadership. You even mentioned that you will not contest for a second term but will retire to Anuradhapura after your first term as President. The manner in which you conducted yourself won you the respect and trust not only of the people of Sri Lanka but also of the international community who changed their stance regarding Sri Lanka after you took office. To all intents and purposes you were a man who had his mind focused in the right direction to bring about a Maithri Palanayak and a Sthavara Ratak.

Indeed there may have been conflicts of interest and differences of opinion between you and Mr. Ranil Wickremesinghe which the people were not aware of. This is natural when two political parties with different social, economic and political visions come together to form a government. However, the prime objective of the coalition as seen by the people was to pull the country out of the economic morass it was enmeshed in, give people the freedom to exercise their rights and steer the country towards peace and prosperity. 

The number one priority of the people who voted the UNF into power under your leadership was to rise above petty party politics and work together in the interest of the common good which is why they did not give a clear majority to any single party. Also don’t forget that the people endorsed your manifesto to form a national government and appoint Mr. Ranil Wickremesinghe as the prime minister for the 100 day programme which followed your appointment as President. The general election if 18th September 2015 reflected the thinking of the people regarding their choice for the next 5 years. However, regrettably the UNF government was unable to meet the expectations of the people in bringing to book the wrongdoers during the previous regime and easing the burden on the people after 3 ½ years of Yahapalana rule. Rather the bond scam left a huge black mark against Ranil Wickremesinghe whose appointment of Mr. Arjuna Mahendran as Central Bank Governor led to the allegation that the bond issue involving his son-in law Arjun Aloysius was an irregular one causing enormous loss to the government. Be that as it may the no confidence motion brought against Mr. Ranil Wickremesinghe was defeated in Parliament by 123 votes out of a total of 225. 

Your sudden decision to remove Mr. Wickremesinghe from office and appoint Mr. Mahinda Rajapakse as Prime Minister has not only created mayhem in Parliament but also plunged the country into a state of instability disrupting the smooth ru

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Right to franchise and to vote is from the Constitution: No Constitution, no franchise

The Pied Piper of Hamelin

Tuesday, 4 December 2018 

Who is against motherhood? No one. I owe my existence to my mother who bore me. I can never be against motherhood. However, that does not mean we make every girl a mother through forced marriage, artificial insemination, or whatever other means we have. There are broader systemic rules to consider: Is she willing? Is she of child-bearing age? If she is a minor, does she have parental consent? Etc.

Elections, like motherhood, are great. But our right to vote and our fundamental right to franchise both come from our Constitution, which prescribes the rules under which elections are held and our franchise exercised. There is a minimum period of 4 years and 6months of stable governance where a new Government has the time to implement unpopular decisions that are good for the country. That time given to a Government is also from the Constitution, the same Constitution that guarantees our franchise. There is no way in which we can demand elections without honouring the Constitution that lets us choose our Government.

After years of living beyond our means, we have gone through necessary belt-tightening measures and prudent financing. Now we are promised elections and given cheaper petrol, cheaper onions and potatoes, and cheaper whatnot. A signature campaign demands elections, violating the Constitution that gives us the right to our franchise. People like Sarath Silva who should know better claim that the Court of Appeal has destabilised the country and people are being deprived of voting rights. Ordinary folk seem bamboozled, signing petitions by the hundreds and thousands at the behest of monks and politicians, who trick them into thinking that elections are like motherhood.  Indeed, arguing against elections is like arguing against motherhood. So few are willing to make that argument. Liberal newspapers that carried stories for and against the then Government, like on Tamils’ lands being colonised and political prisoners being still kept in hiding, now act as boring Government mouthpieces. Great liberal editors, like Dharsha Bastians of the Sunday Observer and Lalith Alahakoon of the Daily News, are out of jobs after the coup of 26 October. We are fed with one-sided opinions without choice as to which side to believe. We are reliving the experience of the rats of Hamelin, where the Pied Piper with his mesmerising music led rats to their death by drowning them in the river. The onions, potatoes, and low trishaw fares are our mesmerising music. Politicians make speeches that defy all logic. Given their education and experience in politics, I do not believe they believe their own puerile arguments. They are tricking the masses, just like the Pied Piper, and leading us to the death of our rights and democracy. The death of democracy indeed is worse than physical death because it takes away any pride and standing we have as a nation.

Let me give a parallel to what is going on from my personal life. My grandmother’s sister from Singapore, ammachi, would come to Jaffna like clockwork every July for the Cholaha Winds and luscious Jaffna mangoes. She was an excellent cook. On occasion, she would cook dinner and prior to that, give a long list of expensive ingredients. Although my parents had seven children and had a tough budget to balance, they happily complied. Aged 10 or so, I remember lots of onions and butter. Her chapatti sandwich, for example, would ooze with butter and puff up to look like a poori, and the stuffing was amazing. The point is this. We children would often during her stay demand that she do the cooking and not our mother, who would relent. She did not mind. My ammachi was her chinnammah (little mother/aunt) whom she loved dearly. But the new Government, purporting to be a Government, has been breaking budgets and bankrupting the country. It is not a lovable chinnammah. It is planning to stay forever without any prospects of going away unlike chinnammah. The country asking for elections is like us children asking our mother not to cook even though as materfamilias, she should not be displaced. Ranil Wickremesinghe’s position has parallels. Yesterday, I came by train to Colombo for the constitutional case at the Supreme Court tomorrow. By 3.50 p.m. or so, despite the poor signals on the train, I got the good news that the Court of Appeal had issued a Stay Order preventing the present purported Government from functioning.

This is a country where many are opportunists. They see which quarrelling side will win and take that side. The fear all round was that, with all respect to our Justices, they too might play the same opportunist game. After all, we have seen ‘Justices’ Sarath Silva and Mohan Peiris at their worst.  I was worried as friends had asked me what I would do if I lose the case. Others told me, “You are a father with children. After you married, you lost your choice to be principled and must think of your family.” So naturally, I too was worried. It, therefore, was so vindicating and liberating that serious judges of the Court of Appeal had thought exactly as I did. As a nation, we no longer have to be so opportunistic in our judgment on issues.

The news from the Court of Appeal vindicated the faith with which I went to the Supreme Court. Just now (10.00 p.m.) I heard that the UNP had just met the President, who had said: “Give me a name for PM and I will think about it. But even if all 225 MPs ask for Ranil Wickremesinghe to be PM, I will not relent.”

So what does the franchise by which we collectively elected the party led by Ranil Wickremesinghe mean? Democracy is dead if the will of Parliament is thwarted so. Even after the Appellate Court Order, the President does not seem to have learnt anything – not even humility.

My going to court, in the event, was right. As a member of the Election Commission with the mandate to safeguard the people’s franchise, I must speak up and not hide behind the empty rhetoric of neutrality when the country is being hijacked. It is time for all Sri Lankans to stand up for the system of constitutional governance. Elections are merely a corollary that flows from that system of constitutional governance.

A tragedy of two prime ministers but whose coke is the real thing?

A PRESIDENT IN SEARCH OF A PM: A NATION IN SEARCH OF A GOVERNMENT - - Something’s rotten in the State of Lanka: A Nation without a legitimate Government tottering perilous on brink of economic doom and anarch

Sunday, December 02, 2018

It is the best of times for the Rajapaksa fraternity to make hay while the torrid sun shines. It is the worst of times for the Wickremesinghe clan whilst it ponders over its present plight in the drab, dark moonless night.

It is the epoch of Rajapaksa belief that they can rule without public murmur or judicial censure. It is the epoch of Wicremesinghe incredulity that the red carpet  of governmental power could be so easily pulled from under his feet by presidential whim and fancy, never mind what the 19th Amendment held.

DE JURE PRIME MINISTER: Ranil Wickremesinghe

It is the turning point in a nation’s history, a nation now given to make its tryst with destiny on a habitual basis eerily on a Friday night: One that will determine its future course. One that will determine whether the future holds for all Lankans a season of light, of sunny skies, or a season of darkness, of perpetual night.

This turning point presents the nation’s spring of hope and whether it will turn to be the winter of despair will depend on how all of us will respond to the challenge.

Even as Charles Dickens wrote in his opening page of the Tale of Two Cities, ‘We had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way — in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.”

DE FACTO PRIME MINISTER: Mahinda Rajapaksa

Today in Sri Lanka, we have a moustachioed former president with black hair enthroned in the prime ministerial chair by presidential fiat occupying the Prime Minister’s office down Flower Road. Today in Sri Lanka, we have a clean shaven Prime Minister with white hair enthroned in the prime ministerial chair by presidential appointment and ratified by a Parliamentary majority, living under siege at the Prime Minister’s official residence, Temple Trees.

As the Cocoa Cola ad tacitly put it some years ago, when facing competition from Pepsi and other colas, Coke: It’s the Real Thing, and the question on the people’s lips is  who’s the genuine article, and who the counterfeit?

That, of course, is not a matter to be determined in Lanka’s bars and taverns; nor in the public funded Parliamentary canteen where the purported government’s ministers meet to give expression to their views, avoiding as they do the chamber of the House. And even though the present crisis has turned the Lankan populace of 22 million people into experts of constitutional law with each having, according to his or her party hue, a definite opinion on the matter, only the courts can deliver final judgment on the issue.

This Friday morning, 122 MPs of the UNF, the TNA and the JVP sought refuge in the judiciary, the still extant bulwark of the people’s fundamental rights and the guardian of the people’s liberties.

They petitioned for a Writ of Quo Warranto — a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. They asked the court to seek from Mahinda Rajapaksa to show on what legal basis he holds the office of prime minister. And also for his cabinet coterie to show on what legal basis and by what authority they function as Ministers and or Deputy Ministers. They also requested the Court for a declaration that Rajapaksa and his ministers are not entitled to hold the office of Prime Ministers and Ministers or Deputy Ministers.

It’s an action they should have taken much earlier, not awaited the storm to break. Especially, when the dark clouds of deluge were hovering overhead threatening to burst. As the SUNDAY PUNCH has repeatedly commented these last three weeks, it was not the dissolution of Parliament that really mattered in this grave constitutional crisis but the gross failure to address the original sin – whether, under the 19th Amendment, a prime minister after having being appointed by the President could be summarily be sacked and another appointed in his place — that led to this calamity that mattered most.

Just to refresh the memory bank. As The Sunday Punch commented on 18th November:

“What was the root cause? Though it may now seem rather academic to many, isn’t it the failure to address the original sin that made the duly elected Ranil Wickremesinghe in August 2015 as the leader of the party commanding the largest majority  in Parliament and his appointment as Prime Minister on that basis alone, be now cast East of Eden by presidential dictate?”

“That too, like the dissolution of the parliament affair, would probably have to wait a Supreme Court judgment, not a G.L. Peiris ruling as a final say on the matter attendant with Executive blessings.”

“Under the 19th Amendment, once the president has appointed a prime minster, he can only be sacked on certain grounds. Those grounds have not arisen to justify his removal. The question arises thus whether the president has violated the constitution and acted ultra vires his constitutional powers when he arbitrarily appointed Mahinda Rajapaksa as Prime Minister whilst the incumbent premier still held legal office, neither having died, not resigned nor removed by a no-confidence motion or by Parliament rejecting the appropriation bill or the Government’s statement of policy.”

Thank God, that the UNF, prone to procrastination, as it had been for the last three years in office, has finally decided to bathe in Hulftsdorp Hill’s fount of justice and let the public determine who emerges cleaner after the judicial scrub. For things have come to a pretty pass in the life of this nation in a matter of five weeks. Whilst the country stands perilous on the brink of economic doom, whilst its people battle each day to keep the wolf from their doors with the ever rising cost of living; whilst the value of the rupee continues to slide even further down the slippery slope despite the much vaunted boast of  Rajapaksa that  he accepted the President’s invitation to become prime minister because he had the magic wand to arrest the trend — nothing of that sort has come to pass except a meaningless power struggle that has damned its protagonists in the eyes of the people and shamed the nation in the eyes of the world.

The last five weeks have only witnessed the usurpation of power through a constitutional coup; and no ten bucks or five bucks reduction in the price of petrol can reduce or douse the fires it has ignited. The unseen economic cost to the nation will never be known. And the wages of sin, perhaps, will never have to be paid by the guilty but will ultimately find its way to the door of the humblest hamlet and be levied upon the innocents who have no voices to speak, no coin to barter and no thirty silvers to gain for serial sell outs.

This week saw the non attendance in Parliament of the purported government. Not once, but twice. The Speaker had given advance notice that Parliament will be convened on Tuesday. Whilst those presently labelled the opposition, the UNP, the TNA and the JVP duly turned up en masse and even two tie coats turned turn coats turned up plus the Buddhist monk who had become a born again MR catcher, it  was no show by the purported members of the government in de facto power.  It was no show again on Thursday, though some did turn up at the Parliamentary canteen where, it appears, they mark their roll call and issue their warped discourses on parliamentary procedure whilst tucking into the public paid for grub.

Once known as ‘Seenie Bolay’ but now UPFA’s main underarm spin bowler S.B. Dissanayake, for instance, said on Thursday there would not be any change of government and Prime Minister Mahinda Rajapaksa would continue in his post.

Addressing a news conference held at the parliament complex, he declared that the prime minister would not be replaced. “There are no vacancies for a Prime Minister or ministers in the government. No other person will be appointed to that post. This government will continue.” He said the Speaker could not play around with a government appointed by the President. He then, probably, looking at the leaves in his tea cup, predicted the results of the general election if held soon. His forecast: “We will be able to form a government at an election while the UNP will be reduced to 65 seats, Hakeem to three seats, Bathiudeen to two, the TNA to 13, TPA will lose its seats and Digambaram will win one seat.”

The ongoing farcical spectacle turned even more nonsensical when Mahinda Rajapaksa expressed his own reason why he and his party members were not showing their faces in the House. Responding to a question as to why the government MPs had boycotted parliament sittings once again, he said that they don’t intend attending an illegal gathering. Fearing, perhaps, that he will be judged by the company he keeps, he declared, “We are not avoiding anything. We simply don’t like to attend an illegal gathering,” and added that parliament sessions were being held illegally and accused Speaker Karu Jayasuriya of not respecting the law. “The Speaker doesn’t respect the law. We decided not to attend because of his arbitrary actions,” he said.

Whilst the situation stayed in a state of stalemate, the man who had impetuously brought the whole scenario into play and who had out of constitutional order created constitutional  chaos the night he appointed Rajapaksa as prime minister, held a meeting with the TNA leaders and requested them to find the solution to deliver the hapless nation  from the wretched impasse he had rashly fathered.

The TNA response was terse and to the point. In a statement issued on Thursday it said:

“The Member of Parliament appointed as Prime Minister on the 26th of October has not been able to prove that he commands the confidence of Parliament though one month has lapsed since the said appointment and though Parliament has met several times during this period. On the other hand, Motions of No Confidence in the said Hon. Member as Prime Minister have been passed in Parliament on 14th and 16th November.

“The voice votes taken in Parliament have been confirmed by 122 Members signing and transmitting to both your Excellency and the Hon. Speaker statements to that effect.

“The view of the majority of the Hon. Members of Parliament on the issue of whether the said Hon. Member commands the Confidence of Parliament to be the Prime Minister has been negative and has been demonstrated beyond doubt.

“We wish to point out that,

1. The inability of the Hon. Member to prove that Parliament has confidence in him as Hon. Prime Minister, 2. the votes of No Confidence passed against the said Hon. Member on the 14th to 16th November pertaining to his claim to be the Hon. Prime Minister; have created a controversy in the Country as to whether the country is without a Prime Minister, a Cabinet of Ministers, and a lawfully constituted Government for more than a month.”

The TNA statement further added: “In the circumstances to ensure that an Hon. Member of Parliament is able to command the confidence of Parliament as Prime Minister we the Members of Parliament of the Ilankai Thamil Arasu Katchi, will support the restoration of a Government headed by the UNF as it existed prior to 26th October; the Appointment of a nominee of the UNF who in the opinion of Your Excellency is able to command the confidence of Parliament as Prime Minister.”

Earlier on Thursday evening the President had met the Speaker and a statement issued from his presidential media unit had this to say: “The Speaker told the President that all spheres of the country have become unstable today. He said the rapid depreciation of rupee and the collapsing of the investment sector and the tourism sector would be unbearable for the country. Therefore, the Speaker said that immediate solutions should be given to the instability to which the President responded positively. The President also commended the Speaker’s contribution to find solutions.’

It has become increasingly clear that the architect of the chaos cannot engineer the solution but has to seek the help of others to pull him out of the mire. They may well extend a helping humane hand to do so, though, alas, sad to say,  the president will not come out smelling roses from the dregs of the Diyawanna Oya he himself had needlessly churned and muddied.

Swan song of political parties in Sri Lanka?

By JAYASRI PRIYALAL-December 3, 2018, 9:31 pm 

Representative democratic systems were driven by the political parties symbolized under different icons. Symbols were chosen by various political parties to signifying the strength, social concerns and purpose of their existence to link up with the electorate as a brand. Lions, Tigers and Elephants have been political icons in Sri Lanka for quite some time, but buffaloes, cows, donkeys and horses were not chosen as symbols to represent political parties in Sri Lanka although these animals have contributed heavily improving the quality of life in our societies.

The symbol of "SWAN" appeared in the last two presidential elections held in Sri Lanka in 2009 and 2015. Have the political parties in Sri Lanka started to sing the swan songs? The recent political turmoil unraveled in the country since 26th October 2018 events, and subsequent dramas in the parliament displayed by the unruly legislators, affirms that political parties have lost their prominence, relevance and proven ineffectuality in leading a government. First of all, none of the parties has the vision to mobilize people’s soverign rights to take the country to a new development path. Many of the political party leaders lack leadership. Instead, they prefer to operate in cults, surrounded with corrupt henchmen. By hook or by crook they want to hang on to power to benefit from the vast political economy.

In Sri Lanka the wasteful, parallel administration structures including the parliament have turned into an industry to provide employment opportunities for kith and kin of the polticians, with excessive perks and benefits at the expense of the poor tax payers. These structures are extractive; as such socio-economy centered inclusive growth cannot be realized with the current systemic deficiencies. In the current digital disruptions in the era of a new technoculture democratic disruptions are also becoming quite common.

All political parties across the representative democracies are operating beyond their expiary dates, and it is not unique to Sri Lanka. An alternative structure with innovative strategies compatible with the accelerating digital era is necessary to shape the cherished democratic values for the greater good of the people. Direct or participatory democractic systems as an alternative to the representative model are now being contemplated. It appears that with the mobile, easy to use information technology attach greater value on connectivity than sovereignty of the nations.

As such people express hope on principles of participatory democracy and rallying around popular PLATFORMS instead of political parties. The recent electoral tsunamis resulting from mega power shifts away from the traditional political parties in Pakistan and Malaysia is a good indicator of the new trend.

From the USA to Japan in many democracies, popular-will, of the people is not the sovereign mandate of the governments in power. It is clearly visible that all these great democracies are fast becoming oligarchs. Nobel laurete Prof. Joseph Stiglitz defines the neo-democracy as governance of the 1% by the 1% for the 1%. The one percentage is the superrich privileged class who are fighting to seek the political power to fight to secure space for immortality. The remaining rest, the 99%, are the sandwiched class with the ballot in hand, often sidelined as there are clear representative deficiencies in the electoral systems to influence policy formulations to narrow economy wide inequality, not limited to income and wealth but on other essentials in society, health and education services as well.

There is no exception in Sri Lanka too, when one carefully analysed the congregation of the privileged class as people’s representatives trying to deceive the electorate to get elected through skewed electoral system use all their power and influence at will, to extract all the benefits for their businesses; hence, people are expressing less faith in the current representative democratic systems. The system works well for the majority of the politicians whichever the party they belong. Unfortunately, the majority of citizens feels the systemic failure which is ineffective in uplifting their quality of life, and not working for them.

The Perpetual loot of the Employees Provident Fund, the worker's compulsory savings chanelling towards unviable, non-commercial mega projects, and abusing the same fund through the Central Bank Bond scam is one classic example from Sri Lanka, to prove the oligarchic shift that is taking place in the flawed representative democratic system. Political leaders clad in brilliant white national costumes and the others those who are clad in European suits in different shades have connived handsomely, from both major political parties to the black and white loot. It is also from the ongoing Presidential Commisions of Inquiry, how the ministers abused authority to appoint henchmen to financial institutions where there are regular cash flaws, to set the process, robbing banks from inside, including the Central Bank.

Do Swans remain mute throughout their lifetime and start to sing only when they reach the last stages of life? Scientifically it is not the case, but literally from the times of Shakespeare our perceptions are such. All perceptions are not realities, from markets to ideologies. I wonder whether constitutions and the institutions are caught up in the perceptual myths of the politicians in power in Sri Lanka causing the current turmoil? Sri Lankans are confused between crooks and criminals, piety and wisdom, similar to ill-conceived concepts and visions. Swans have disappeared soon after the two presidential elections, paving the way for greedy canines.

SRI LANKA PRESIDENT SEEKS EXIT STRATEGY AS MAHINDA FAILS MAJORITY TEST

02/12/2018

ECONOMYNEXT – President Maithripala Sirisena appeared to have softened his hardline position and was seeking a face-saving exit from the political crisis of his making, according to legislators who had closed-door talks with him.

The president was acutely aware of the consequences should the Supreme Court this week hold that his November 9 sacking of parliament was illegal, a Tamil legislator at talks on Friday evening said.
The Tamil National Alliance leader R. Sampanthan assured Sirisena that the minority party, which commands 14 crucial seats and holds the balance of power in parliament will not support an impeachment.

However, an adverse ruling from the highest court could be the basis to institute criminal proceedings against both Sirisena and the entire bureaucracy, legislators had indicated to the President.

The immunity of the president from prosecution applies only while he is in office and as set out by a Supreme Court ruling in 1999 (SC 509/98), anyone carrying out his illegal orders can be criminally prosecuted along with him.

“These matters were explained to the President during the talks and he was also shown a way out to act immediately before the Supreme Court pronouncement which could happen on the 7th or thereabouts,” an MP at the talks said.

SLFP’s S. B. Dissanayake has publicly asked Sirisena to withdraw his controversial gazette notification that is now challenged before the Supreme Court. However, there was a doubt if the president could rescind the parliament dissolution gazette.

Should the Supreme Court hold against the November 9 shock sacking of the parliament, exactly two weeks after Mahinda Rajapaksa was named to replace deposed prime minister Ranil Wickremesinghe, Sirisena and his officials could become liable for a criminal prosecution.
Paragraph 115 of the Penal Code deals with conspiracy against the sovereignty of the people and is punishable with a 20 year jail term.

“Whoever conspires to commit any of the offences (against the state), or to deprive the people of the Republic of Sri Lanka of their sovereignty in Sri Lanka or any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, any of the organs of Government, shall be punished with imprisonment of either description which may extend to twenty years, and shall also be liable to fine,” according to the Penal Code.

Meanwhile, the TNA delegation spoke with Sirisena in Tamil. Veteran parliament interpreter M. K. Rahulan translated for the president. With TNA’s M. A. Sumanthiran also fluent in Sinhala they made sure that nothing was lost in translation, the MP said.

He said the talks started nearly two hours behind schedule, but they went off well with Sirisena dropping his insistence that he will never reinstate Ranil Wickremesinghe as prime minister even if his United National Party (UNP) and their allies commanded a majority.

“Earlier, he told us that he will never make Ranil the PM, but today his position was that it would be difficult for him to work with Ranil,” the lawmaker said adding that they noted a marked climb down by Sirisena.

Fresh NCM

Sirisena acknowledge that his prime minister candidate Mahinda Rajapaksa did not command a majority in the House. He has already lost two no-confidence motions as well as his statement to parliament on November 15 was also rejected.

In addition, the UNP and like-minded parties have also passed two resolutions cutting off funding for the Prime Minister’s office and members of the disputed cabinet.

Sirisena has called for a fifth vote, this time in the form of another NCM to be decided by name on December 5 when parliament meets next.

“Such a resolution is already in the order book and can be taken up for a vote on Wednesday without suspending the Standing Orders,” the MP said.

However, the UNP legislators who met Sirisena after the TNA said their talks ended in a deadlock, but agreed to meet again on Sunday.

The UNP did not see any fresh ideas from the president to resolve the crisis and suspected if he was trying to buy time hoping that a delay will allow Rajapaksa more time to engineer defections.

However, five votes in parliament, two of them through the electronic voting system, has made it clear that those opposed the purported government were in the majority.

Sirisena had initially prorogued parliament for 20 days saying he wanted to give Rajapaksa to prepare a full appropriation bill for 2019. Instead, the country is now looking down an economic precipice with no sign of a budget.

Political prisoners

During the talks with the TNA, the president promised he will hold a meeting with the Attorney General on December 3 to discuss the issue of releasing Tamil detainees numbering over 100 who are languishing in jail for long periods without any charges brought against them.

He also pledged to support a draft constitution that envisages a greater degree of autonomy for the minority Tamil community, but legislators said they did not pin much hopes on that given Sirisena’s track record. (COLOMBO, December 1, 2018)

IMPLEMENTING ACCESSIBILITY LAWS IS IMPERATIVE

Dr. Ajith C. S. Perera-Monday, December 3, 2018

The International Day of Persons with Disabilities (IDPD), since 1992, has been annually observed around the world on December 3.

The theme for this year’s IDPD focuses on the Empowering Persons with dis-Abilities for inclusiveness, equal opportunity and equality in daily life.

Life is all about accessing with equal opportunity and safety to what you need and what you desire day-to-day.

Hence, accessibility with SAFETY to all parts of Buildings and Services (includes Transport) the public needs to access and use in daily life, is not only an inherent right but an essential prerequisite.
The right to enjoy meaningful participation in the economic and social life as FULLY FLEDGED CITIZENS involves easy and safe access to key parts of buildings (steps and railings, toilets, entrances, floors, etc.) used for commercial (hotels, restaurants, banks and ATMs, etc.), educational, health (hospitals), recreational (shopping complexes, sports stadia, etc.), social (places of religious worship, etc.) and travel (railways, buses) purposes.

Therefore the degree to which you could meaningfully enjoy the RIGHT TO ACCESS with Safety shall determine the quality of one’s life.

It is thus the single most indispensable right on which meaningful enjoyment of several of these other rights depend heavily.

It is also the right to empower the widest range of people to unlock their varying abilities and enjoy the optimum use of gainful opportunities afforded by development programmes and thereby live life to its fullest.

It shall also benefit wider sectors including pregnant mothers, persons carrying small children or heavy luggage and those convalescing after surgery or illnesses.

Consequences of denial of meaningful enjoyment of this indispensable right include: marginalisation, unwanted dependency, push towards poverty, loss of productive opportunities and thereby potentially CRIPPLING precious human life, economically, socially and mentally.

Real world you live

An estimated 20% of Sri Lanka population – i.e. 4 million people – for different reasons, experience restrictions and limitations to physical mobility, stability and dexterity, even to eye sight.

This includes our fastest ageing population (over 65 years are almost a sixth of our population), a wide range of people inclusive of those convalescing, living with numerous debilitating medical conditions (that often go unnoticed), using wheelchairs and sticks and even the pregnant.

With a blink of an eye, ABILITY could change to varying degrees. Every one of us, for different reasons, is certain to spend some of our time living with limitations in ability - physical, sensory and intellectual.

In day-to-day life in Sri Lanka, STILL, tens of thousands of people with restricted abilities often remain largely marginalised in the man-made environment. They are forced to fight an uphill battle, even at NEW public buildings.

Have you yet not realised that the chances are now very high that, at any stage or any moment in life, for a short time or for a long time, for different reasons, YOU or your loved ones, could experience physical and/or sensory limitations?

With continual infringement of your inherent right to Access you will soon be amongst a most vulnerable and fast increasing, VOICELESS, UNDERPRIVILEGED and marginalised group of nearly 4 million people who are unable properly to access even NEW Buildings.

You will then realise that the world around once you knew to be cheerful and kind, is NO MORE so; and most of your essential needs that were easy doing, are now a burden and you are unwantedly depending on others.

The world around would marginalise you and discriminate against you beyond expectations, perhaps for lifetime.

Poor implementation of Access Laws

Sri Lanka enacted the Protection of the Rights of Persons with Disabilities Act No: 28 of 1996. Clause 23(2) of this Act stipulates:

“No person on the ground of Disability, be subjected to any Liability or Restriction with regard to access to or use of ANY BUILDING or Place which any other Member of the Public has Access to or is entitled to use”.

Under Clause 23(2) of this ACT, by Gazette No: 1,4657/15 dated October 17, 2006, the Ministry of Social Services promulgated a very comprehensive detailed set of Regulations clearly stipulating: Design and Space Requirements and Safety Measures to be adopted in NEW Constructions.

These Regulations were then approved unanimously by our Parliament on March 20, 2007.
Despite three extensions of the deadline by the Social Services Ministry and valiant renewed endeavours, compliance with these Regulations remain poor, except for bits and pieces, here and there, even after 12 years.

Worst offenders include many 5 and 4 star hotels and upper-class restaurants, numerous places of higher education institutes and universities, private sector hospitals, high-end shopping complexes, supermarkets and all forms of transport.

The parts affected most are toilets, steps and railings, signage and ramps at entrances. Even the design of tables and desks at receptions and in restaurants continue to pose inaccessibility.
The regulatory authorities have continuously failed to ensure compliance BEFORE issuing Certificate-of Conformity.

Construction companies obtain Certificates-of Conformity in the absence of due compliance well.
Compliance with design specifications that take into consideration human safety is a low cost and feasible indispensable investment bringing rich dividends to everyone in society.

The colossal waste and the threat to safety of human life caused by the failure to comply with the Laws, is huge compared to the money needed.

The long term mega-development projects are inextricably entwined with the future of the next several generations of Sri Lankans. With this on-going adverse trend there is imminent national disaster, as the next generation of persons suffering from inevitable mobility impediments - numbers of whom will be much larger than at present – will also be prevented from freely accessing and using the facilities there in at a wide range of numerous NEW buildings and enjoying this next phase of development of Sri Lanka.

Back-peddling of the UN Convention (CRPD)

Based on a proposal made by the Social Services Minster, on February 8, 2016 the Government of Sri Lanka ratified the International Convention on the Rights of Persons with Disabilities (UNCRPD).
Near three years have passed but nothing yet has resulted - even to make a start to implement such a legally binding agreement!

Article 9 together with Articles 6 and 7 concerns Accessibility and easy measures to start implementing the CRPD.

The International Community, the UN in particular, who are much concerned about several other rights in this part of the world, in their actions, regretfully, appears to have overlooked the world’s largest minority – the people with dis-Abilities - and allow countries such as Sri Lanka to remain stuck at CRPD’s birth itself for so…..long - as near three years - without even starting to crawl in the right direction.

Root causes and remedial action

Although comprehensive sets of Regulations are there since 2006, continual absence of a rightly identified and clearly stated set of steps enabling effective implementation, remains the stumbling block.

As the first step to arrest this trend, in 2009 I appeared in person on a wheelchair at the Supreme Courts and successfully pursued a public interest litigation fundamental rights application under SCFR 221/2009. With continual close observations over the last seven years (2012 – 2018), on the enforcement of the Accessibility Laws and a Court Order dated April 27, 2011, a set of 23 professionals of us possessing the widest practical knowledge on this subject, have not only identified the root causes for continual failures and significant lapses but formulated a technically sound set of 10 remedial measures - with each proposed action focusing to arrest and solve a specific major problem.

On this International Day it must be encouraging news for the 4 million Sri Lankans with limited mobility - the largest minority of people of Sri Lanka – that I have already moved the Court to re-activate invocation under SCFR 273/2018 to seek redress in this regard.

We are positive that the APEX Court, in the larger national interest, shall soon incorporate all these measures in full to the anticipated comprehensive judgement and thereby enable us to start implementing more focused measures WITHOUT FURTHER DELAY, towards achieving realistically our long felt dream, “Accessible Sri Lanka for All”. 

Is there a difference between Ranil and Mahinda ?

2018-12-04

Sri Lanka has become the centre of attraction in the Asian political scene with the island’s government struggling to survive sans the majority in parliament.   

The latest we hear of is the attempt planned by President Maithripala Sirisena to take a vote on Wednesday (December 5) to oust Prime Minister Mahinda Rajapaksa because he doesn’t have the support of the majority in parliament.   

If one thing is clear about the present set of Sri Lankan politicians, who are in the news, except Ranil Wickremesinghe, the majority are poor decision makers. President Sirisena initially allowing Wickremesinghe to function beyond the mandate of his premiership amounted to be his own decision making. This, Sirisena said, was due to Wickremesinghe offering his support to him to become the President, in 2015. Then Sirisena removed Wickremesinghe and appointed Mahinda Rajapaksa as premier, but that too backfired because the majority in parliament don’t recognise him (Rajapaksa) nor support him. Now it’s evident that Sirisena’s choices made in politics, especially as President, are failures. Given the present scenario the UNP is on a good wicket. Despite squabbles within the UNP the support within is still for Wickremesinghe to be the Prime Ministerial candidate from the party. It is also reported that the grand old party has decided to back their experienced leaders despite attempts made by the young brigade now and then to have a new leader for the party.

Need of an experienced Leader

The present environment in the UNP is similar to how things were back in the early 1990s. Country President and part leader J.R Jayewardene had retired and was forced to decide between Ranasinghe Premadasa, Gamini Dissanayake and Lalith Athulathmudali as UNP’s new leader. It’s said that Jayewardene fancied Dissanayake or Athulathmudali to be his successor. But the turmoil in the country made him realize that whoever came to the hot seat as the party leader wouldn’t last long. That’s why he handed over the party leader’s post to Premadasa; his thinking being that the new UNP Leader would mentally burn out or physically perish due to the political heat that existed. He knew that survival for whoever who came to power after this challenging period would be easier. This was conveyed to this writer some years ago by veteran political writer the late Prasad Gunawardene.   

On the other hand people have now begun to question the pedigree of the lawmakers

Right now the political inferno within the island suggests in no uncertain terms that one needs an experienced leader at the helm; whether its the UNP or the Government. From a totally helpless situation Wickremesinghe sees the pendulum swinging his way due to the developments within the Parliament to remove Rajapaksa from the post of Prime Minister. These developments give strength to Wickremesinghe’s resolve.   

Wickremesinghe has recently affirmed that ‘the legislature has the power to decide on a course of action to stabilise the country as it’s the institute which exercises the people’s sovereignty’. He has said that the power vested in the parliament according to the 19th Amendment to the Constitution affords for that.   

At present there are many peaceful protest campaigns being staged in the country in support of an alternative force to rule this nation. One such campaign is ‘Rise for Justice’ which is taking place in Town Hall.   

Most of these efforts also highlight the fact that Wickremesinghe was removed in an unjust manner. Initially Wickremesinghe continued to call himself Prime Minister despite Rajapaksa being officially appointed for this post by Sirisena at a swearing in ceremony. But as the days rolled by, even Wickremesinghe’s press releases made references to him only as UNP Leader.   

Wickremesinghe has not shelved his dreams to be the Prime Minister of the country. There are reports that three heavy weights in Sri Lankan politics, Rajapaksa, Sirisena and Wickremesinghe, have agreed to do whatever is possible to restore the political crisis. But deep within Wickremesinghe lies that burning ambition to be in charge of the admin machine that accounts for the country’s governance, for a long time. As with Wickremesinghe his vision to be at the helm, regardless of whether its premiership or party leader, is till eternity.   

The criticism within the UNP towards Wickremesinghe has died down a bit. The big wigs in the party like Kabir Hashim, Sajith Premadasa and Navin Dissanayake have backed their leader to the hilt. The UNP led by Wickremesinghe sees the support of the TNA and JVP during this political impasse. UNP Chairman Hashim stated recently that Wickremesinghe is the party party’s nominee for the post of Prime Minister.   

The two no-confidence motions passed in parliament suggests that there is great danger of the Year 2019 Budget not being passed. A government can’t survive for long depending on a ‘Vote on Account’ to release the funds for its expenses. There must be a stable government with the support of the majority which can pass any bill within parliament.   

Grabbing power 

As the countdown for the festive season has begun in December, so do the days before the Supreme Court gives the final verdict regarding the case filed to lift the suspension of parliament. The Supreme Court these days is hearing arguments regarding the interim order it issued which stayed the decision taken by Sirisena to prorogue parliament.   

As the struggle for power continues in Sri Lanka it is important to note a comment made by the Prime Minister appointed by President Sirisena, Mahinda Rajapaksa, in an interview the latter gave the Daily Mirror. He has refused to accept that he is indulging in back-door politics. He has said that there is nothing called back-door politics and front-door politics and that power must be grabbed at the first instance one sees an opportunity.   

From a totally helpless situation Wickremesinghe sees the pendulum swinging his way due to the developments within the Parliament to remove Rajapaksa from the post of Prime Minister

Whichever waiting games Sirisena plays till 2020, Wickremesignhe and Rajapaksa have once again emerged as the two choices we have if there comes an election to chose a country President.   

We are living during times when we can’t find totally ‘clean’ and able leaders who are willing to serve the country. They all have their faults. Rajapaksa has so many cases against him while Wickremesinghe has been critisised for his neoliberal ideas which his critics say have not worked for the country.   

On the other hand people have now begun to question the pedigree of the lawmakers. Two politicians were subject to great embarrassment at the recent 40th National Youth Awards ceremony when two recipients of awards refused to shake hands and receive their awards from the duo. This is what would continue to happen in the future because the people have the right to reject our lawmakers as much as they have the ability to bring them to power.