Connect with us

Editorial

The baby and the bathwater

Published

on

The 20th Amendment to Sri Lanka’s Constitution is now done and dusted and given the comfortable majority, though technically not the required two thirds by a whisker, it has all the support it needs for comfortable passage. Since its gazetting on Friday, a period of two weeks must elapse before it can be included in the parliamentary order paper. A legal challenge can also be mounted against it in the short term. But given the scale of the massive victories scored by the incumbent government, both at the presidential election last November and the more recent parliamentary elections, there will be little fire and thunder in whatever resistance is attempted.

Ever since the parliamentary election and the massive and unexpected two thirds majority it brought President Gotabaya Rajapaksa and his brother, Prime Minister Mahinda Rajapaksa, the country has been treated to a litany of how horrible the 19th Amendment was and more than an earful on everything that was wrong with it. But none of the pundits who have expounded long and loud against the amendment has explained why, if this were so, all but one of them (Rear Admiral Sarath Weerasekera) voted for it. Their lack of eloquence on this subject is truly deafening. True, despite the two third majority that the UPFA and its fellow-travelers enjoyed in the 2010 parliament, the stunning defeat of then President Mahinda Rajapaksa in 2015 left the whole caboodle of them in total disarray. This left ample room for the winner to take all and that’s exactly what happened.

Such was the situation when the 2015 election result was declared that the new President Maithripala Sirisena was able to instal a minority government under Mr. Ranil Wickremesinghe despite the fact that Prime Minister D.M. Jayaratne was yet in office. So also the reinstatement of sacked Chief Justice Shirani Bandaranayake, albeit for a day, before Justice K. Sripavan (who incidentally administered the oath of office of the new president as his predecessor was in the dog house) was appointed. The defeated president, who sought a third term in an endeavour that went sour, metaphorically placed the SLFP leadership crown on his successor’s head. No political or legal challenges were mounted and the winning side, flushed with a perhaps unexpected victory, did exactly as they pleased. And how!

The 19th Amendment certainly was not enacted for the good of the country. It was done to suit the needs and wishes of those who won the election as too many of our laws have been and will be in the future. However, 19A was not without some virtue with the best known plus factors including the restoration of the two-term limit on the presidency, which Mahinda Rajapaksa removed by virtue of a two thirds majority (necessary for constitutional changes) he did not win in the country but engineered through defections. Events proved that to be his undoing, but he to his eternal credit, was able to rise Phoenix-like from the ashes. He refused to lie down and die as most would have given his situation. Like the proverbial tortoise, he withdrew into his shell during the aftermath of his defeat, to return vigorously to battle as the tide began to turn. Mercifully the two-term limit will remain under the new order. We don’t know whether there is an intention of going back to the previous age qualification of presidential contenders which was in 19A, obviously with Namal Rajapaksa in mind. It is no longer a necessity for a Rajapaksa dynasty as the years have since rolled by. Let us not forget that Namal himself voted for that amendment just as much as his father voted for 19A.

The Right to Information Act has also been applauded as a major achievement of the 19th Amendment. This too will remain, the people have been told. That is cause for applause although the Act itself was not used as effectively as it might have given the appalling state of governance in the country. Opponents of the proposed 20A are on record saying that several major democratic gains achieved through a mechanism of checks and balances like the independent commissions, are being done away with. There is no argument that President J.R. Jayewardene, intoxicated with the five sixth parliamentary majority he won in 1977, crafted the 1978 constitution to make himself the uncrowned head of Sri Lanka. He was fond of saying there was nothing he could not do except to make a man a woman or vice versa. He didn’t try to undertake that mission impossible although he did try to have two Members of Parliament representing Kalawana! But even that constitution, providing for the executive presidency in the manner of de Gaulle’s as many say, made fundamental rights justiciable. To give the devil his due, that was an enormous democratic gain.

In terms of the draft amendment, we are going to have a Parliamentary Council, instead of the Constitutional Council introduced by 19A. But this too, just like the other one. will be packed with politicians who are not exactly a breed that has endeared itself to the people. But the people themselves keep electing undesirables as we have seen over the years; and party hierarchies keep anointing them with their tickets regardless of loud (and useless) professions on their desire for good governance that has eluded us through the 42 years when we have had as many as 19 amendments to our constitution with the 20th in the pipeline. A correspondent, of Sri Lankan descent living in Washington, writing to this issue of our newspaper says that the American constitution written over 230 years ago has just 4,543 words and 27 amendments to date. Amen.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Editorial

Sanctity, rights and politics

Published

on

Friday 1st  May, 2026

Two full moon Poya days fall in May 2026, and there are two schools of thought about when Vesak should be observed. One insists that Vesak should be celebrated today, and the other is of the view that Vesak falls on 30 May. This difference of opinion has given rise to some confusion in the minds of the public and even protests in some quarters. The government has said its decision to observe Vesak on 30 May was taken on the recommendation of the Maha Sangha. This issue has come about and drawn so much attention because the International Workers’ Day, known for grand political events in this country, also falls today.

The overlap of Poya and May Day this year has been a blessing for some political parties that are not strong enough to stage shows of strength today. They have declared that they do not want to engage in political activities on a day of religious significance and therefore will not hold May Day rallies. Even if Poya had not fallen today, they would not have been able to hold successful May Day rallies.

Among the political parties that have decided against holding rallies today are the SLPP and the UNP, which has also used Poya as an excuse for turning down the SJB’s invitation to hold a joint May Day event. The UNP has written to the SJB that it will perform religious observances today in keeping with the late President Ranasinghe Premadasa’s policy that the UNP should not hold May Day rallies if the International Workers’ Day coincides with Poya. The subtext of its letter is that Sajith Premadasa, who leads the SJB, does not follow his late father’s policy.

The convergence of Poya and May Day has deprived the JVP/NPP of an opportunity to make a display of its political strength while it is reeling from several scandals and the Opposition is on the offensive. It has opted to hold May Day rallies at the district level. But they will not be as effective as a mammoth May Day rally in Colombo in boosting the morale of the rank and file of the JVP/NPP and sending a message to the Opposition that the government is far from weak.

JVP General Secretary Tilvin Silva has said the JVP/NPP decided not to bring its members to Colombo for a May Day rally in view of the current fuel crisis. This is not an implausible excuse in that the government would have drawn heavy criticism if it had held a political rally in Colombo while urging the public to use fuel sparingly. It would also have been criticised if it had held a grand May Day event in Colombo on a Poya Day.

No political issue would have arisen today if the workers’ day had not been politicised. Those which pass for labour day celebrations are shameful displays of workers’ servility to political leaders who have a viselike grip on the labour movement. Of course, there have been progressive, visionary politicians as well as independent labour leaders who championed the workers’ cause wholeheartedly and made a tremendous contribution towards the protection of labour rights. Those leaders must be remembered today, but unfortunately trade unions have become appendages of political parties, serving the interests of politicians rather than those of workers. These political trade unions are the bane of the labour movement. Political agendas of the parties controlling trade unions will continue to take precedence over workers’ interests unless the labour movement is liberated from the clutches of politicians. Trade unions have a pivotal role to play in helping the country achieve progress, but their political affiliations have prevented them doing so.

What workers, trade unionists and the politicians who claim to champion labour rights should do today, when a day of religious significance to Buddhists falls, is to remind themselves of the Buddha’s teaching on work, based on three main principles––doing no harm through one’s livelihood, earning honestly and using wealth responsibly and ethically.

Continue Reading

Editorial

Sobering truth vs belligerent bluster

Published

on

Thursday 30th April, 2026

US President Donald Trump has lashed out at German Chancellor Friedrich Merz for being critical of the US-Israeli military campaign against Iran. Instead of countering the German leader’s compelling arguments, Trump has alleged that Germany is not opposed to Iran’s nuclear programme. He has written in a social media post that Merz thinks it is all right for Iran to have a nuclear weapon and does not know what he is talking about. If Iran had a nuclear weapon, the whole world would be held hostage, Trump has claimed. Merz has said nothing to suggest that Germany is soft on Iran’s nuclear ambitions. Instead, he has very convincingly pointed out that the US-Israeli military strategy is ill-conceived and flawed.

Trump is known for using circular reasoning and false dichotomy when he tries to defend the indefensible. His claim that Iran has to be prevented from acquiring nuclear capability is self-defeating, for US Intelligence Chief Tulsi Gabbard herself has testified before the Congress that Tehran is not building nuclear weapons. Washington has manufactured a casus belli again, the way it did in 2003 to justify the invasion of Iraq; it claimed that Saddam Hussein had stockpiles of chemical weapons.

Ironically, President Trump, who has been eyeing the Nobel Peace Prize, is not at peace with the rest of the world, including the NATO member states. Having bombed Iran, destroying assets worth billions of US dollars and killing thousands of civilians, he has opted for negotiations with Tehran. International media reports and defence analysts have indicated that the US has exhausted a substantial portion of some of its missile stockpiles, and now it has to rebuild the inventories, a task that will take a considerable time; this could affect Washington’s preparedness for future conflicts, they have pointed out. Trump is believed to have made a virtue of necessity by declaring a ceasefire.

Merz’s criticism of the US-Israeli war on Iran has struck a responsive chord with all peace-loving people around the world. His assessment of the West Asian conflict is spot on. He has rightly pointed out that Washington is being humiliated by Tehran’s negotiating tactics. Iran has openly stated that it did not ask for a ceasefire.

It is obvious that Trump plunged headfirst into war, without having an exit strategy. He and Israeli Prime Minister Benjamin Netanyahu may have expected to make short work of Iran, engineer a regime change and install a puppet regime in Tehran. Iran’s resilience and strategic moves made the US-Israeli military plans go awry.

Merz has cogently argued that the problem with conflicts like the current one in West Asia is that “always you don’t just have to get in – you have to get out again, as was seen in Afghanistan for 20 years and in Iraq”. In Afghanistan, after two decades of fighting, which caused thousands of civilian deaths and cost the western taxpayers about a trillion dollars, the US and its allies replaced the Taliban with the Taliban, as it were.

In an asymmetric engagement, there is hardly anything that the weaker side, fighting for survival, does not weaponise. Iran effectively shifted the war to the economic front while attacking Israel, the US bases in the region and the critical assets of the American allies within its missile range. The closure of the Hormuz Strait, which Iran is using as a strategic lever, has disrupted global oil and fertiliser supplies passing through that chokepoint. Massive oil price hikes could not have come at a worse time for Europe, which is still struggling to deal with the fallout from the Ukraine war and the Covid-19 pandemic. The soaring oil prices have become a double whammy for the European nations as well as others. It is only natural that Europe does not want the West Asian conflict to drag on. US farmers are also complaining of staggering increases in production costs due to soaring fertiliser prices. The US naval blockade has not helped Washington solve the problem—the closure of the Hormuz Strait for international navigation. Oil prices are rising and economies are screaming the world over. Trump has had to clean up the mess he and Netanyahu created in West Asia.

Continue Reading

Editorial

Stop mob intimidation

Published

on

Wednesday 29th April, 2026

The police yesterday intervened to prevent a clash between a group of JVP activists and some Opposition politicians who held a protest near the private residence of Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, in a Colombo suburb. The protesters complained of a cow dung attack by the JVP members, who denied the charge. Tempers were flaring, and the two groups would have come to blows but for the police presence.

There is no gainsaying that citizens have a right to conduct peaceful protests near state institutions where scandals occur or in other public places. On Monday, a large number of anti-government activists were seen near the Finance Ministry protesting against an illegal diversion of Treasury funds. They shouted themselves hoarse before dispersing. But some self-proclaimed anti-corruption campaigners obviously overstepped their limits and became a nuisance when they protested near Dr. Suriyapperuma’s house the following day. Such demonstrations, in our view, amount to mob intimidation.

The family members of Dr. Suriyapperuma or other Finance Ministry officials obviously have nothing to do with the theft of Treasury funds and must not be made to suffer distress. One may argue that the JVP, which resorted to similar tactics in the past, has been hoist with its own petard. The JVP even made a determined yet abortive bid to march on Parliament at the height of a popular uprising in 2022. If it had succeeded in its endeavour, the country would have been plunged into anarchy. But two wrongs don’t make a right.

Lessons learnt during the final phase of Aragalaya in 2022, when scores of houses belonging to the then ruling party politicians and their family members were torched and an SLPP MP was murdered, must not be forgotten. Protests and counter-protests tend to spiral out of control once tension rises and seething anger blinds mobs to reason. Hence the need for the organisers of such events to act with restraint and take precautions. Political leaders ought to keep troublemakers among their supporters on a tight leash.

Pressure must be ramped up on the government to stop shielding the corrupt and have the Treasury theft and other scandals probed thoroughly, and the Opposition’s right to hold peaceful protests cannot be questioned, but under no circumstance must protesters be allowed to mob the residences of politicians and officials.

Ad hoc funds

Everything seems to have gone wrong at once for the JVP-NPP government. While the Opposition is flogging the issue of a Treasury fund diversion to a rouge account, Chairman of the Committee on Public Finance (COPF) and SJB MP Dr. Harsha de Silva has raised concerns about the legality of the Rebuilding Sri Lanka Fund (RSLF), which was set up in the aftermath of Cyclone Ditwah last year.

On Monday, addressing the media, Deputy Minister of Finance Dr. Anil Jayantha Fernando assured the public that the RSLF was safe. Donations had come from Sri Lankans and foreigners in 49 countries, he said, dismissing as baseless a claim that the fund had not been properly utilised. Responding to him, the COPF Chief has said that the RSLF has no legal validity. He has argued in an X message that under the IMF programme several funds were abolished, and only statutory funds are maintained. He has repeatedly questioned the Finance Ministry officials on issues regarding the RSLF only to be informed that they are still working on them, according to his social media post.

The RSLF has been free from allegations of irregularities, but its lack of statutory grounding could give rise to issues about transparency, regulatory oversight and public trust. Statutory recognition will help foreclose criticism that often has a corrosive effect on the integrity of relief funds.

It is hoped that the COPF will ensure that the Finance Ministry officials appear before it and explain why they have made no serious effort to obtain statutory status for the RSLF. The practice of establishing ad hoc relief funds needs to be discontinued.

Continue Reading

Trending