Midweek Review
20 A: Govt. takes a step back…
Justice Minister Ali Sabry, PC, receiving his letter of appointment from President Gotabaya Rajapaksa.
By Shamindra Ferdinando
Samagi Jana Balavegaya (SJB) National List nominee, Attorney-at-law Shiral Lakthilaka, teamed up with the editor of Anidda, Attorney-at-law K.W. Janaranjana, on August 9, 2020, on Derana ‘Aluth Parlimenthuwa’ to target the proposed 20th Amendment to the Constitution. They took on former President of the Sri Lanka Bar Association (BASL) U.R. de Silva PC, and Attorney-law-Kanishka Vitharana.
The writer participated in the live two-hour discussion, anchored by Attorney-at-law Sanka Amarjith. The programme dealt with 19th and 20th Amendments.
During the debate, both De Silva and Vitharana acknowledged the need to amend the proposed draft 20th Amendment. The former President of the BASL revealed that Justice Minister Ali Sabry PC accepted the need to retain Article 53 of the Constitution which required Ministers to take an oath against separatism. De Silva said so in response to the writer seeking an explanation why such a dangerous lapse was allowed to slip through by the SLPP (Sri Lanka Podujana Peramuna).
The writer pointed out even the treacherous yahapalana administration, that betrayed the war-winning armed forces, in Geneva, in Oct 2015, didn’t let through something so obvious.
The National Joint Committee (NJC), in a statement issued on Sept. 6, 2020, raised the issue in respect of Article 53 of the Constitution. The NJC said: “We are astonished at the decision of the Government to amend Article 53 of the Constitution which mandatorily requires Ministers to take the oath against supporting and promoting a separate state, (i.e. the 7th Schedule introduced by the sixth amendment) and by restricting it to the original oath prescribed in the fourth schedule. Article 61D of the proposed amendment; too, require the public officers to take the fourth schedule oath that existed in the original Constitution and not the oath prescribed in the seventh schedule introduced by the sixth amendment.”
The NJC also emphasized the urgent need to repeal the 13th and 16th Amendments. The Sept. 6 statement was the second issued by the NJC, on the same matter.
The writer, on Sept, 10, 2020, raised serious concerns expressed by the National Joint Committee (NJC), Federation of National Organizations (FNO) and Manohara de Silva, PC, at the post-cabinet media briefing, at the Government Information Department. The media received an assurance from Co-cabinet spokesperson and Pivithuru Hela Urumaya (PHU) Leader Udaya Gammanpila that the government would definitely look into concerns expressed by nationalist groups and Sri Lanka’s Ambassador in Myanmar Prof. Nanlin de Silva.
Cabinet spokesperson Keheliya Rambukwella and other co-cabinet spokesperson Dr. Ramesh Pathirana did not comment on the matter. Prof. De Silva strongly criticized some sections of the 20th Amendment. The academic, in a statement sent to The Island, alleged that the media didn’t provide sufficient coverage to his concerns.
SJB et al exploit 20 A
The continuing controversy over the 20th Amendment drastically changed the political situation. Unexpected opposition from even those who campaigned against the yahapalana administration, throughout its rule, really unsettled the SLPP. The badly depleted Opposition received a tremendous boost, by way of the 20th Amendment, replete with obvious flaws. The main Opposition SJB swiftly exploited the situation to its advantage.
Lakthilaka, who had been an advisor to the then President Maithripala Sirisena, before switching allegiance to the SJB, expertly demolished the draft 20th Amendment. The prominent civil society activist, however, repeatedly emphasized that he solidly stood for the presidential system of governance though he strongly disliked, what he termed, President Gotabaya Rajapaksa’s move to secure dictatorial powers for himself, at the expense of the Parliament.
The writer asked those who backed the 19th Amendment whether the public demanded an elected President, deprived of the right to hold a defence portfolio? Having pointed out that the draft 20th Amendment accommodated some key features in the 19th Amendment, such as five-year terms for both the President and Parliament and two-term limit for a person to hold presidency, the writer reiterated concerns expressed by those who backed Gotabaya Rajapaksa and the SLPP at the Nov. 2019 presidential and Aug 2020 general election, respectively.
Dr. Gunadasa Amarasekera, on behalf of the FNO, on Sept. 09, 2020, requested President Gotabaya Rajapaksa to review the proposed 20th Amendment to the Constitution. Dr. Amarasekera requested the President not to abolish Article 53 of the Constitution and raised matters related to the formulation of a new Constitution.
The FNO asked the SLPP government to establish a mechanism to (1) accept public proposals as regards a new Constitution (11) suspend Provincial Council polls until the enactment of the new Constitution and (111) far reaching alterations to the proposed 20th Amendment approved by the Attorney General before the Government Printer issued the relevant gazette.
The FNO also called for rectification of technical and wrongful policy decisions, in addition to members of the cabinet given an opportunity to provide comments, in writing. Having rectified mistakes, the government would have to amend the draft 20th Amendment and re-gazette it, Dr. Amarasekera told the writer.
The civil society group emphasized that it would be a mistake to bring in amendments at the committee stage as it could create a situation, similar to that of the passage of the 19th Amendment.
The FNO also requested the following provisions altered: (1) do away with the proposal in the 20th Amendment to reduce the number of days from 14 to seven available for the public in respect of enactment of urgent bills (ii) abolish provisions relating to the enactment of urgent bills as successive administrations abused them (iii) rescind the proposal to amend Article 53 of the Constitution which required members of Parliament to take an oath against supporting and promoting a separate State (iv) remove proposal to allow dual citizens to enter Parliament. In addition, it urged the government to extend that law to cover the Governor of the Central Bank, Attorney General, IGP, Auditor General, Service Commanders, Judges of the Supreme Court, and Secretaries to Ministries and (v) abolish the move to do away with the National Audit Commission and also to ensure that no state institution is exempted from audits.
The FNO appreciated the SLPP decision to retain the two-term limits on presidency as well as the five-year terms for both the President and the Parliament.
BASL, PM step in
Interventions made by nationalist organizations didn’t receive sufficient coverage in both the print and electronic media. Some sections of the media conveniently refrained from reporting their concerns.
Amidst growing opposition to the much touted 20A, because of its glaring flaws, the BASL, on Sept. 11, 2020, appointed a special 14-member committee, headed by Nihal Jayamanne PC, to inquire into the 20th Amendment. Secretary to the BASL, Rajeev Amarasuriya, in a statement, explained that the Jayamanne committee would also address law’s delays and other related matters undermining the administration of justice. The committee also comprises Ikram Mohamed PC, M.M. Zuhair PC, L.M.K. Arulanandam PC, Prasantha Lal de Alwis PC, Nihal Jayawardene PC, Nalin Ladduwahetty PC, Maithri Wickramasinghe PC, Uditha Egalahewa PC, Anura Medagoda PC, Mohan Weerakoon PC, S.T. Jayanaga PC, Priyal Wijayaweera PC, and Maurapada Gunawansha,PC. Ravi Algama and Shantha Jayawardena are its convenors.
Among the group, M.M. Zuhair is the only former Member of Parliament. Zuhair represented the People’s Alliance (PA) as a National List member, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. It wouldn’t be too hard to reach a consensus on required amendments to the proposed 20th Amendment.
The current political leadership, the Opposition and the BASL, should take into consideration concerns raised not only by nationalist groups but those who backed the enactment of the 19th Amendment to the Constitution, in early 2015. Having made the UNP project to dilute powers of the President, by way of the 19th Amendment, a reality, SLFP leader Maithripala Sirisena, as a candidate at the 2020 general election, campaigned for the abolition of the same.
Let us hope that the Executive Committee of the BASL and the Bar Council act on recommendations made by Jayamanne’s committee. The BASL announcement made it clear that the 20th Amendment is a flawed document, though the Attorney General cleared it, in terms of the Constitution. The AG asserted that the 20th Amendment could be adopted by a two-thirds majority in Parliament, sans a referendum.
Regardless of that, in addition to the Opposition, and some sections of the civil society, the government, too, realized the rapidly developing crisis, caused by the draft 20th Amendment.
Despite having secured a historic near two-third majority last month, the SLPP self-inflicted a major injury by way of the draft 20th Amendment. Premier Mahinda Rajapaksa’s decision to name a nine-member group, consisting of SLPP lawmakers,to examine the draft 20th Amendment, is also evidence that in its current form the draft is a flawed document. The Premier’s Office made the announcement on Sept. 12.
The Premier’s team comprises SLPP Chairman and Education Minister Prof. G.L. Peiris, Justice Minister Ali Sabry PC, PHU leader and Energy Minister and Attorney-at-law Udaya Gammanpila, Labour Minister and Attorney-at-law Nimal Siripala de Silva, Jathika Nidahas Peramuna leader and Industry and Commerce Minister Wimal Weerawansa, Education Reforms, Promotion of Open Universities and Distance Learning State Minister and Attorney-at-law Susil Premajayantha, State Media Minister Sathasivam Viyalendran, MP Dilan Perera and MP and Attorney-at-law Premanath C. Dolawatte.
Nimal Siripala de Silva represents the SLFP whereas the appointment of Viyalendran, a former Tamil National Alliance lawmaker, is significant.
Premier Rajapaksa called for the report by Sept 15, according to his office. However, Minister Weerawansa, on Saturday (12), said that examination led to the SLPP paying a huge price for not being tactful in handling the 20th Amendment. However, the SLPP’s readiness to address the concerns, raised by various parties, should be appreciated and recognized as a positive development to openly accept shortcomings, when pointed out.
Prez Gotabaya’s response
President Gotabaya Rajapaksa, on Friday (11), assured Manohara de Silva, PC, and SLPP National List member Gevindu Cumaratunga, of his readiness to submit a fresh draft by rescinding the controversial current draft of the 20th Amendment. The President’s Counsel, and the MP, met the President, on behalf of the National Joint Committee (NJC) and civil society group Yuthukama. The assurance was given in the wake of Prime Minister Mahinda Rajapaksa, too, assuring SLPP coalition partners a new draft would be presented in Parliament. The Premier’s move was revealed by Minister Wimal Weerawansa, at a public rally he addressed, at Avissawella, a on Saturday (12).
The government responded quite wisely by deciding to withdraw the draft 20th Amendment, amidst the Opposition, and those opposed to the SLPP, exploiting the situation to their advantage. The SLPP struggled to cope up with the Opposition attacks as well as criticism directed by several civil society groups.
Polls monitoring group PAFFREL (People’s Action for Free and Fair Elections) warned the SLPP that though the coalition secured a nearly two-thirds majority, at the recently concluded general election, it was not empowered to introduce whatever it desired. In a strongly worded statement, issued on Sept. 13, PAFFREL’s Executive Director Rohana Hettiarachchi pointed out that the electorate twice endorsed the SLPP’s move to abolish the 19th Amendment. However, the SLPP shouldn’t abuse the people’s mandate to introduce an Amendment merely to suit its agenda, regardless of hostile public sentiment. While recollecting how only UPFA lawmaker Rear Admiral (retd.) Sarath Weerasekera voted against the 19th Amendment in 2015, Hettiarachchi urged members of the 9th Parliament not to do anything they would regret later.
Transparency International Sri Lanka (TISL), too, expressed serious concern over the proposed 20th Amendment when its Executive Director Asoka Obeyesekere recently explained how the proposed law could undermine the monitoring of public spending, Commission to Investigate Allegations of Bribery or Corruption (CIABOC), curtailment of the Election Commission’s powers and operation of RTI (Right to Information) Law.
Obeysekere didn’t mince his words, at a recent media conference at the TISL office, where he declared: “The proposed 20th Amendment also removes the Audit Service Commission and National Procurement Commission, key institutions intended to act as a check on public spending. By removing any mention of the Audit Service Commission, the proposed 20th Amendment effectively renders the National Audit Act obsolete. The National Audit Act provides the Audit Service Commission with considerable powers, including the ability to impose surcharges on public officials, who cause losses to the state. The removal of the Audit Service Commission will invalidate this essential power.
Despite the mandate of the National Procurement Commission not being fully operationalized, the existence of the institution is nonetheless important to ensuring a transparent and accountable procurement structure. Public procurement is a high-risk area for corruption. Whilst recognizing the importance of the President’s own commitment as clearly enunciated in his manifesto to eradicate corruption and promote efficiency, we call on the government to recognize the importance of the institution of an independent procurement commission to realize this commitment.”
The TISL refrained from commenting on other contentious matters, such as the proposed setting up of a five-member Parliamentary Council in place of the highly flawed 10-member Constitutional Council, abolishing limit on the number of cabinet and non-cabinet ministers, doing away with the prohibition on dual citizens to contest parliamentary election, denying the citizens right to file fundamental rights cases against the President, naming the Attorney General as the respondent. Many an eyebrow was raised when the age limit of those seeking the Office of the President were lowered to 30. Some of the provisions in the 20th Amendment disappointed the public. In fact, the proposed 20th Amendment diminished the importance of restoring the President’s right to hold a defence portfolio by resorting to a despicable political agenda. The SLPP could have easily avoided the embarrassing situation if the proposed amendment was at least discussed among members of the cabinet, as well as the parliamentary group. There hadn’t been a genuine effort, within the SLPP, to reach a consensus on the vital amendment. In fact, the SLPP could have easily discussed the matter informally with the parliamentary opposition. The consensus with the Opposition could have been reached, especially against the backdrop of the SLPP retaining three key provisions in the 19th Amendment, namely restriction of the number of presidential terms to two and five-year tenure for the term of the President and the Parliament.
The crisis over the 20th Amendment should be examined also taking into consideration the SLPP MP-elect for the Ratnapura District, Premalal Jayasekera, taking oaths as a Parliamentarian, on Sept, 8, 2020, subsequent to the Court of Appeal taking a stand, contrary to that of the Attorney General. State Minister Sanath Nishantha’s brother Jagath Samantha caused media furore by destroying a part of Ramsar wetlands at Anavilundawa. Former Chairman of Arachchikattuwa Pradeshiya Sabha Jagath Samantha is alleged to have got part of the sanctuary bulldozed to establish a shrimp cultivation centre. This was revealed by a ministerial committee that inquired into destruction of the wetlands. Wildlife and Forest Conservation Minister C.B. Ratnayake, and some of his officials, recently struggled before the media. State Minister Nishantha, having admitted to President Gotabaya Rajapaksa, when inquired from him about the Anavilundawa incident, however denied responsibility. The State Minister refrained from mentioning his brother being wanted by the police in that regard. The destruction of a part of a historical building, allegedly at the behest of the Kurunegala Mayor Thushara Sampath, also did immense damage to the SLPP, regardless of action taken by the government to save face.
The SLPP needs to review its strategies or prepare to face the consequences. What is really praiseworthy about the line up behind this government are the brave faces among its frontline partners who are willing to call a spade a spade to correct things in the bud as is proved by their willingness to speak out to correct those at the helm for the good of the nation, where necessary, as in the case of 20A, or rape of the environment.
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‘Elina wanted Premadasa to succeed JRJ’: correction
In last week’s Midweek article, titled ‘Elina wanted Premadasa to succeed JRJ’, on the Sept. 09 edition of The Island, the writer inadvertently identified Lilani de Silva as an aide to Elina Jayewardene. Lilani is a neighbour of the Jayewardenes. The relevant section should read as: ‘Elina Jayewardene’ is based on interviews with several persons, including Pradeep Jayewardene, Rukshan Amal Jayewardene (the second grandchild JRJ and Elina), Charmaine Mendis, first wife of late Ravi Jayewardene (their only son), close relatives, Professor Asvini Fernando and Lakshmi Suneetha Subasinghe. The author also interviewed Dr. Sathis Jayasinghe and Nalini Mapitigama. In addition to them, the author talked to several female aides, who had been with EJ until the very end. Among them were Galahitiyage Lilawathie and Hettiarachchige Magilin and the Jayewardene’s immediate neighbour, Lilani de Silva. The Jayewardenes’ third grandson Amrik, hadn’t been so excited about the brief biography about their late grandmother, and the author did not get an opportunity to speak with him. The author also quoted from the work of the late senior government servant, Amara Hewamadduma. The error is regretted.
Midweek Review
North: A change in status ahead of Maaveerar Naal
* One-time LTTE mouthpiece TNA is no more
* N & E Tamil speaking representation enhanced
* Fresh look at Sarath Fonseka’s performance at 2010 Prez poll in North required
The new government’s main challenge is ensuring the full implementation of the IMF-led post-Aragalaya economic recovery in line with the Economic Transformation Bill approved by the previous government without a vote. Whatever the side-shows, the focus not only of the government but the Parliament should be on preparing the country to resume debt repayment in 2028 or be ready to face the consequences.
By Shamindra Ferdinando
In a way it was a great thing for the country that the National People’s Power (NPP) scored an emphatic victory at the Nov. 14 general election. Now the Janatha Vimukthi Peramuna (JVP)-led NPPers can have no excuses for not being able to fulfill their promises as would have been the case if the preceding September Presidential election outcome was repeated with the combined Opposition having the lion’s share of the vote, which would have left the country with a virtual hung Parliament of no benefit to anyone other than creating a parliamentary stalemate, leading to fresh political chaos.
We will, however, grant the fact they have a very tall order to fulfill after the previous governments having virtually signed away our sovereignty with the deals they had inked during their tenures.
But we do have a nagging suspicion about someone working in not so mysterious ways against us behind the scene, after what the former US Secretary of State, John Kerry, publicly stated not too long after the defeat of President Mahinda Rajapaksa at the 2015 presidential election when he crowed to the whole world how they had spent several hundred million dollars for regime change operations at the time in several countries, including Sri Lanka. Then we also know since then how a US engineered coup ousted the popularly elected Prime Minister of Pakistan Imran Khan by way of parliamentary and military shenanigans, and then the more publicised way they ousted Prime Minister Sheikh Hasina of Bangladesh and then virtually ruined that country as was the case during the Aragalaya here in 2022 to oust the legally elected President, with a wide mandate, Gotabaya Rajapaksa.
The NPP has accomplished the impossible, even in the North, in the form of securing the Jaffna electoral district at the recently concluded parliamentary election. The NPP obtained three seats, nothing but a historic watershed.
The ruling party also won the Vanni electoral district, the scene of some of the bloodiest fighting during the Eelam War IV (Aug 2006-May 2009). Securing Jaffna and Vanni consisting of Vavuniya, Kilinochchi and Mullaitivu administrative districts, is as difficult as eradicating the conventional fighting capability of the Liberation Tigers of Tamil Eelam (LTTE). The NPP won two seats in the Vanni.
The final phase of the ground offensive was conducted in a corner of the Vanni electorate where LTTE leader Velupillai Prabhakaran met his maker.
The NPP secured two seats in Trincomalee and one in the Batticaloa districts, whereas Digamadulla gave President Anura Kumara Dissanayake’s party four more seats. Altogether 12 out of 29 parliamentary seats available in the five above-mentioned electoral districts ended up with the NPP.
The NPP delivered the stunning blow to those who still pursued separatist agenda, regardless of the LTTE’s demise over 15 years ago. The combined armed forces brought the war to a successful conclusion in May 2009.
The Illankai Tamil Arasu Kadchi (ITAK)-led Tamil National Alliance (TNA) that dominated the Northern and Eastern provinces since 2001 hadn’t been in the fray at the 2024 general election. The TNA that had been in the grip of the LTTE, during 2004-2009, disintegrated 15 years after the end of war, with the ITAK unceremoniously ending the partnership. Ex-TNA members, EPRLF, TELO and PLOTE contested the general election under the ticket of Democratic Tamil National Alliance (DTNA).
The ITAK obtained seven seats (Batticaloa three, Jaffna one, Vanni one, Digamadulla one, Trincomalee one) whereas DTNA won just one (Vanni one). It would be pertinent to mention that ITAK and DTNA fielded a common list for the Trincomalee district to ensure a split in the Tamil vote wouldn’t cost the community much valued representation therein. ITAK Trincomalee leader Kathiravelu Shanmugam Kugathasan, who replaced R. Sampanthan in Parliament at the last Parliament, won that seat.
In addition to the seven elected, the ITAK that contested under the ‘House’ symbol won one National List slot. Ahila Ilankai Tamil Congress (AITC) was the only other party to secure a seat (Jaffna/ Gajendrakumar Ponnambalam) while Independent Group 17 (Jaffna/ Ramanathan Archuna) won one. Altogether Tamil political parties obtained 11 seats, one less than the NPP.
M.A. Sumanthiran (ITAK/Jaffna), Dharmalingham Siddharthan (DTNA/Jaffna) and Sashikala Nadarajah (DTNA/Jaffna), widow of slain ITAK MP Nadarajah Raviraj were some of the big losers. In the east, one-time Chief Minister of the Eastern Province Sivanesathurai Chandrakanthan alias Pilleyan, formerly of the LTTE, failed to retain his Batticaloa district seat. Former LTTE field commander and ex-lawmaker Vinayagamoorthy Muralitharan aka Karuna Amman made an unsuccessful bid to re-enter Parliament also from the Batticaloa district.
In the previous Parliament, there had been 16 MPs representing five Tamil political parties (ITAK, AITC Eelam People’s Democratic Party [EPDP], Tamil Makkal Viduthalai Pulikal [TMVP] and Tamil Makkal Thesiya Kuttani [TMTK]. Last week’s poll eliminated EPDP, TMVP and TMTK while new entrant NPP created political history by winning 11 seats.
In spite of the humiliating setback suffered by those who had been previously in Parliament, the NPP tally has increased the total strength of the Tamil-speaking group representing N & E in Parliament. Perhaps, the successful formation of NPP’s Tamil-speaking wing may influence other political parties to re-examine their overall political strategy. They may not have any other alternative as failure to do so can further weaken their position at the forthcoming Provincial Council and Local Government polls. PC and LG polls are expected to be held next year.
Shanakiyan Rasamanickam, who re-entered Parliament with a convincing win in Batticaloa, consolidated his position, within the party and the district, due to ITAK’s admirable performance there. If not for three Batticaloa seats, ITAK aka Federal Party would have been in an utterly embarrassing position. Batticaloa electoral district is the only one that the NPP couldn’t win. Therefore, the outspoken Rasamanickam can be really happy to have thwarted the NPP in the eastern district.
Now to bury the hatchet between the two or, more correctly, the three literally warring communities here, NPP will have to think out of the box to find a solution that may be by way of sharing power at the centre rather than the periphery, as was successfully done under the Donoughmore Constitution.
Accountability issues
At the presidential election held in Sept. the NPP couldn’t win at least one electorate in the North but did so well several weeks later, it could win Jaffna and Vanni electorates. If not for that sterling performance, the NPP couldn’t have secured an unprecedented 2/3 majority. President AKD should be ever grateful to the northern and eastern electorates for facilitating a 2/3 majority.
Since the introduction of the proportional representation at the 1989 Parliamentary election, no party succeeded in securing a 2/3 though many alleged the Rajapaksas abused such huge mandates. They were, of course, referring to the UPFA securing 144 seats and 145 seats at the 2010 and 2020 general elections, respectively. For a simple majority, the winning party needs 113 seats while 2/3 means 150 seats.
Against the backdrop of NPP’s victory in the N & E, the new Parliament should review Sri Lanka’s response to post-war accountability issues. Since the eradication of the LTTE, the TNA propagated politically motivated unsubstantiated war crimes allegations, both here and abroad. Finally, the treacherous Yahapalana government (2015-2019) betrayed the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in Oct 2015. The accountability resolution that had been co-sponsored by the US-led grouping and Sri Lanka was meant to pave the way for a new Constitution aimed at doing away with the country’s unitary status.
Interestingly, the war-winning Army Commander, Sarath Fonseka, who had been promoted to the rank of Field Marshal, in March 2015, served in that Yahapalana Cabinet, chaired by President Maithripala Sirisena. The role played by the then Premier Ranil Wickremesinghe and the late Foreign Minister Mangala Samaraweera in that despicable act is in the public domain. The failure on the part of Fonseka, who served President Sirisena’s Cabinet to vigorously oppose the government move is still a mystery.
The writer repeatedly discussed the failure on the part of Parliament and urged concerned political parties to raise the Yahapalana-TNA Geneva operation after the same lot fielded Fonseka as the common presidential candidate in 2010. Although Fonseka lost the contest by a massive 1.8 mn votes to war-winning President Mahinda Rajapaksa, he handsomely won the Jaffna, Vanni, Trincomalee, Batticaloa and Digamadulla electoral districts at the same election.
The NPP’s excellent showing in the N & E at the recently concluded general election should be examined taking Fonseka winning the former war zones 14 years ago.
Having alleged Fonseka’s Army of war crimes throughout the northern campaign, the TNA had no qualms in backing the Sinha Regiment veteran. Unfortunately, political parties represented in Parliament never bothered to raise TNA’s duplicity. Instead, all of them shamelessly and brazenly played politics with the issue, seeking petty political advantage at the expense of the armed forces. There hadn’t been a single instance of a war-winning country betraying its armed forces hitherto anywhere in the world. It was only the Maithripala Sirisena/Ranil Wickremesinghe govt. that achieved that dastardly act.
The JVP, though being not part of the Yahapalana Cabinet, never opposed the government’s move against the armed forces. However, the NPP’s victory in the North, perhaps would give an opportunity for President AKD, who is also the Defence Minister and Commander-in-Chief of the armed forces, to address the issue at hand afresh. President AKD retained the Defence portfolio when the new Cabinet of Ministers was sworn in last Monday.
The developing situation in the North may help post-war national reconciliation efforts. Successive governments deliberately allowed further deterioration of relations between the two communities by not taking apt remedial measures. Those who propagated lies were allowed to do so much to the disappointment of the armed forces. Parliament turned a blind eye even when the US and Australia et al denied visas to retired and serving officers and US imposed travel ban on the then Army Commander Gen. Shavendra Silva, the incumbent Chief of Defence Staff (CDS). Maj. General Chagie Gallage, now retired, is another victim of external reprisals.
Maaveerar Naal (Great Heroes’ day)
The Tamil Diaspora must have been quite surprised by the outcome of the general election. Some interested parties played down the importance of NPP victory in the North on the basis of low turnout of voters. It would be interesting to observe how the Diaspora and political parties here mark this year’s Maaveerar Naal. Commencing 1991, the LTTE used to celebrate Nov. 21-27 week as Great Heroes Week. During the period the group wielded power, the weeklong celebrations and activities received even international media attention.
This year, Maaveerar week is scheduled to commence on Nov 21 (tomorrow), the day the 10th Parliament meets. What would those elected from the NPP, ITAK and other parties do this year? Would interested parties seek to cause some unnecessary commotion in a bid to embarrass the government. Let us hope the government would handle the situation cautiously as opportunistic elements on both sides seek to exploit the developments. ITAK’s Sivagnanam Shritharan paid tribute to fallen Maaveerar at Kanagapuram, Kilinochchi.
The NPP’s unexpected victory in the north may compel not only Tamil Diaspora but Western countries, particularly Canada, to review their position.
Canada declared May 18 as Tamil Genocide Remembrance Day as Premier Justin Trudeau’s government sought to appease Canadian voters of Sri Lankan origin. Canada cannot under any circumstances ignore the Tamil vote received by the NPP as people discarded unsubstantiated war crimes allegations directed at the government, for the second time. Had the northern electorate believed the Army wantonly killed civilians on the Vanni east front in 2009, as alleged by the UN, they wouldn’t have voted for Fonseka. Perhaps, the people wanted the government to bring the war to an end at any cost. Having waged two terror campaigns in 1971 and 1987-1990, the JVP should be able to comprehend the need and the responsibility on the part of the government of the day to take whatever measures necessary to deal with the challenge.
The NPP was formed in 2019 just months ahead of the presidential election as the JVP realized it couldn’t push ahead on its own but needed wider public support. The NPP achieved that with ease within six years.
In August 2006, the then President Mahinda Rajapaksa went ahead with an-all-out campaign against the LTTE after failing to convince them to negotiate for a final settlement. President Rajapaksa had no option but to go on the offensive after the failed LTTE assassination attempts on the then Army Commander Lt. Gen. Fonseka (April 2006) and then Defence Secretary Gotabaya Rajapaksa (Oct. 2006). The TNA remained committed to the LTTE’s murderous cause until the very end.
A matter for serious concern
An unbelievably large number of voters skipped the general election. All political parties, including the NPP, should be concerned over the unprecedented deterioration of voter interest, especially after a thrilling presidential election brought AKD to power just six weeks ago. A substantial increase for the NPP from 5,634,915 votes (42.31 %) at the presidential to 6,863,186 (61.56%) at the general election just weeks later shouldn’t be allowed to divert attention to the massive drop in public interest. Well over half a million rejected votes, too, must worry all.
The NPP won 159 seats, including 18 National List slots, nine more than required for a 2/3 majority. At the presidential election 3,520,438 voters refrained from exercising their franchise. But that figure increased to 5,325,108 at the general election while the number of rejected votes, too, recorded a significant increase. According to the Election Commission, at the presidential poll, the number of rejected votes was 300,300 while the general election recorded 667,240 rejected votes.
What really caused such an increase in the number of rejected votes was when the number of polled votes dropped from 13,619,916 votes (79.46%) to 11,815,246 (68.93%)? In other words of the 17,140,354 people eligible to vote, a staggering percentage decided not to. Voter apathy is not healthy. Not healthy at all.
A rethinking on the part of the SJB and New Democratic Front (NDF/consisted of former SLPP lawmakers and UNP) is necessary as they couldn’t at least retain the number of votes received at the presidential election. SJB that polled 4,363,035 votes (32.76 %) at the presidential poll could muster only 1,968,716 (17.66%) at the general election, while NDF could secure 500,835 (4.49%) having polled 2,299,767 (17.27%) just weeks ago. The SJB and NDF ended up with 40 seats (including five NL slots) and five seats (including 2two NL slots) while the SLPP that won 145 seats at the 2020 general election had to be satisfied with three seats, including one NL slot.
Both Sajith Premadasa and Ranil Wickremesinghe should seek remedial measures before the EC announced PC and LG polls. Perhaps, divided groups have to unite under one banner either under SJB or UNP or face annihilation at the PC and LG polls. For Premadasa and Wickremesinghe time seemed to have run out.
The SLPP obtained 350,429 votes (3.14%) at the general election up from 342,781 (2.57 %) at the presidential election. For the SLPP a rapid recovery process will never be possible as its only NL member and leader of the minute group Namal Rajapaksa is likely to be the target of corruption investigations. The SLPP group consists of Namal Rajapaksa, newcomer Chanaka Sampath (Galle) and D.V. Chanaka (Hambantota).
Fifteen political parties represented the last Parliament. They were SLPP (145), SJB (54), ITAK (10), NPP (03), EPDP (02), AITC (02), TMVP (01), SLFP (01), MNA (01), TMTK (01) TMTK, ACMC (01), NC (01), SLMC (01), UNP (01) and OPPP (01). The new Parliament will be represented by 13 political parties and one independent group – namely NPP 159, SJB 40, ITAK 08, NDF 05, SLPP 03, SLMC 03, Sarvajana Balaya (NL), UNP (01), DTNA (01), ACTC (01), ACMC (01), Jaffna Ind. Group 157 (01) and SLLP (01).
Midweek Review
‘Ramayanizing’ Sri Lanka by Courtesy of SriLankan Airlines
(The author is on X as @sasmester)
SriLankan Airlines’ five-minute commercial promoting the so-called ‘Ramayana Trail’ in Sri Lanka is being accepted very naively as an enticing and heartwarming advertisement by Sri Lankan and Indian viewers across social media. Predictably, the video has also gone viral. It shows a young child being educated about aspects of the Ramayana legend by his grandmother, while zooming in on locations in Sri Lanka where local mythology has made associations with some narratives of the Ramayana. Beyond the rave reviews of the commercial in Sri Lanka and India, an astute observer would in fact see it as a very problematic rendition for one simple reason. That is, when viewed from the perspective that it is paid for by SriLankan Airlines, a government entity funded by local taxpayers, what is said and promoted, in effect, would be through the voice of the state and the government. Therefore, for instance, when the granny tells the child, “all the places in Ramayana are real. Today, we know Lanka as Sri Lanka”, in one careless and ill-thought-out fell swoop, SriLankan Airlines has given credence to belief as evidence, myth as history, fiction as fact, asserting Ramayana’s Lanka as present-day Sri Lanka when numerous Indian renditions of the story locate parts of Ravana’s Lanka well within contemporary India.
Admittedly, the commercial will certainly attract Indian tourists and pilgrims, particularly from the northern parts of the country. The question that comes to mind however is whether this is the only way to promote the trail? Many of my friends have already made the trip without the nudging of the new advert. The advert also begs the question, whether local sensitivities and cultural meanings linked to the Sanskrit epic were ever considered when it was conceptualised, or at any point even after in the process. More importantly, who gave the final seal of approval?
The hegemonic narrative in the commercial is what one might call a ‘North Indian Brahminic’ approach to the Ramayana, which erases other versions of the epic including the Ravana-centric myths in Sri Lanka itself. Unfortunately, it is this hegemonic narrative that has been making the rounds for some time in India with Rama as its protagonist and Ravana as the absolute villain, the all-evil-encompassing antagonist. In this rendition, it is no longer simply an ancient epic or a story of innocence and faith, but a contemporary political narrative with considerable cultural power, authority and reach, performed and used by the state itself. This narrative feeds directly and indirectly into the somewhat imperialist designs of certain contemporary Indian political forces so aptly encapsulated in the hegemonic political concept of Akhand Bharat. However, in real life, understandings of the Ramayana have never been this simple or linear.
The title of Prof A.K. Ramanujan’s seminal essay, ‘Three Hundred Ramayanas: Five Examples and Three Thoughts on Translation’ offers a clear indication into the many versions of the Ramayana and the complex narrative traditions of both India and lands beyond where aspects of the epic have become part of local myths, folktales or performance traditions. Interestingly, Prof Ramanujan’s essay was dropped from the Bachelor of Arts in History (Honours) degree programme at Delhi University in 2011 amidst considerable agitations lead by Akhil Bharatiya Vidyarthi Parishad, a right-wing students’ organization, precisely because its contents complicate the way in which the political narrative that is the Ramayana today is presented.
It is truly unfortunate that the narrative given prominence in the Sri Lankan Airlines advert stems from this dominant, parochialized and utterly politicized version of the Ramayana which sweepingly demonizes Ravana. This broad-brush demonization reaches its peak in India during Dussehra, the festival during which effigies of Ravana are burnt to symbolize the vanquishing of evil (Ravana) by good (Rama). However, interestingly, in many of India’s tribal areas, the narrative is closer to that in Sri Lanka, where Ravana is seen as a hero, and importantly as a source of knowledge and ethics. In 2017, in the Katol area in the State of Maharashtra, tribal people forced the local administration to stop the burning of Ravana effigies during Dussehra. In Nashik, also in Maharashtra, tribal folklore suggests that the area was part of Ravana’s kingdom and was governed by his sister Surpanakha along with her husband. This understanding of Ravana’s kingdom is nowhere near Sri Lanka as promoted by SriLankan Airlines. In some tribal Gond villages in Maharashtra, Ravana is worshiped as a god, clearly evident during Dussehra. He is also worshiped in many other locations including, Mandsaur and Ravangram in Madhya Pradesh; Bisrakh in Uttar Pradesh; Kangra in Himachal Pradesh; Mandya and Kolar in Karnataka, and Jodhpur in Rajasthan. Similar practices are seen in the tribal areas of Chhattisgarh, Jharkhand and West Bengal as well.
In Tamil Nadu in India’s south, there are many people who align themselves with ‘Dravidian’ ideologies, promoting Ravana as a politico-cultural icon. One source of motivation for this stems from the manner in which Ravana is eulogised for his valour in Kambaramayanam – the Tamil version of the Ramayana – even though here, too, the main premise of the hegemonic account is maintained. The more obvious source for this reverence is Ravana Kaaviyam written by Pulavar Kuzhandhai and published in 1946. It is a 20th century attempt to deconstruct the Ramayana based on the argument that the mainstream Ramayana was an attempt to establish the supremacy of the ‘Aryan race’ who lived in northern India, over the ‘Dravidians’ in the south. Here, Ravana is seen as a ‘Dravidian’ king, and in essence very similar to the Sinhala renditions of Ravana. In both these popular Sinhala and Tamil versions, he is presented as a noble king, epitomising justice, courage and compassion, and also a wise person and scholar. While categories such as ‘Dravidian’ and ‘Aryan’ as ethno-cultural references as opposed to linguistic references are not part of my academic vocabulary, the attempted deconstruction is nevertheless interesting as it also offers a glimpse into the manner in which 20th and 21st century hegemonic North Indian politics are understood by some sections in the country’s south.
What is evident is that a counterculture movement is currently mobilising tribal and Dalit communities in several Indian states such as the above to vindicate Ravana and ‘rescue’ him from the negative light in which he has been portrayed in the current dominant version of the Ramayana, the one SriLankan Airlines has blindly based their commercial on. Due to this blindness, these interesting and telling complexities and intriguing political and cultural references have no resonance whatsoever in the SriLankan Airlines advert.
I come again to the question posed at the beginning of this essay: is this the only way to do such a promotion funded by the Sri Lankan government? Cannot the state-funded national carrier attract Indian tourists and pilgrims by presenting the places the local tourism industry and Indian tour and pilgrimage operators want these travellers to visit by offering the local interpretation? After all, Sri Lanka does not have a performance tradition of the Ramayana and hardly any concrete memories of the epic and its numerous episodes as a specific text. Instead, fragments of these exist scattered on the landscape throughout the island as places where specific incidents related to the Ramayana had supposedly happened. These manifest through several local folk tales and myths where Ravana is ever present as a local hero and Rama is virtually absent except when contextually required. Moreover, some of these places refer to many other stories too, which have been historically more prominent locally than the Ramayana-related narratives. However, right now, the Ramayana ‘stories’ are given considerable local and national prominence as a rational economic decision taken by people in these areas in the interest of tourism which translates into simple commercial gain. This is understandable.
The question is, what prevented SriLankan Airlines from beginning its advert with the famed flying machine of Ravana known in Sinhala as dandu monaraya (and in India as Pushpaka Viman), often referred to in influential local interpretations as the first of its kind, and predating the Wright Brothers’ invention? Is it a lamentable lack of imagination and creativity, or sheer ignorance? After all, the logo of Air Lanka, the predecessor to SriLankan Airlines, found its genesis in this story, which continues to date in a different form. This way, potential tourists could have been shown the same locations referred to in the current advert, but viewed from the sky, as if one were flying in the dandu monaraya like Ravana may have done in mythical times. This would also be very similar to the way ancient Sri Lankan poets of the sandesha tradition described local landscapes and built environments from the point of view of a bird in flight taking a message to a king, a Buddhist monk or some other such personality. Salalihini Sandeshaya and Hansa Sandeshaya written in the 15th century during the Kotte Period come to mind.
In this manner, the core places in the ‘Ramayana Trail’ could have been flagged for tourist and pilgrim interest while maintaining a distinct sense of local culture and identity that SriLankan Airlines should ideally be marketing. This is not to make Indian tourists and pilgrims cast aside their own beliefs, narratives and interpretations when visiting Sri Lanka. That is their right and not in any doubt. The crux of the matter is, why would SriLankan Airlines be so north Indian and Brahminic, and willingly succumb to the dominant and exclusivist version of the Ramayana promoted by the Indian state and many ordinary people to the exclusion of all other narratives in India itself? By doing so, SriLankan Airlines is taking itself, the government, the state and by extension all of us Sri Lankans, right into the bosom of the Indian state’s cultural and political colonialism typified by the concept of ‘Akhand Bharat’ as noted earlier. If picked up by opposition forces in the politically polarised Sri Lankan society, the advertisement can become a political statement, which has the potential to create needless rifts within Sri Lanka itself.
But then again, one cannot expect these complexities to be understood by the decision makers at SriLankan Airlines who obviously are far removed from the local cultural terrain as well as existing cultural hegemonism emanating from across the Palk Strait. The national carrier, in its haste to soar, as well as absence of foresight and lack of enlightenment of local culture has imprisoned Sri Lanka in a hegemonic North Indian politico-cultural narrative. This is also a sign of lacking national pride despite constant and oftentimes annoying rhetoric. One can only hope, the Sri Lankan government will revisit how this was done in the first place and ensure this kind of culturally crude reductionism of our own traditions and folklore does not take place in the future in state-sponsored activities carried out with public funds.
I cannot but be reminded of a quote by Voltaire when reflecting on the manner in which politics of this kind flow, emerge, and reemerge in Sri Lanka while nothing is ever learned: “It is difficult to free fools from the chains they revere.”
Midweek Review
Lone Voice of Reason
By Lynn Ockersz
There’s this ‘narrative’,
In the ‘Isle of Smug Smiles’,
That the time’s ripe,
To craft the epitaph,
Of the political opposition,
Now that the restive House,
By the idyllic waterway,
Is in the grip of a single party,
In all too familiar history,
But there’s a glowing example,
From the distant eighties,
When Sarath Muththetuwegama,
Lone Member of the CPSL,
Won the admiration of the country,
Through his inspiring speeches,
Clinching the timeless point,
That Quality is superior to Quantity.
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