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CPA: Warns country heading towards constitutional crisis
The Centre for Policy Alternatives (CPA) has raised concerns about the actions of the President and the government in response to the Supreme Court’s interim order last week restraining Deshabandu Tennakoon from exercising the powers, functions, and responsibilities of the office of the Inspector General of Police (IGP).
Issuing a statement, the policy think-tank, based in Colombo, said this interim order had been met with statements by the government, including a formal statement in Parliament by the Prime Minister on 27 July, explicitly rejecting it, that raises alarm as to whether Sri Lanka is heading towards a constitutional crisis.
Urging the President to desist from any or all action that raised that prospect, CPA said the Election Commission had issued a gazette setting the date of the Presidential Election to be held on 21st September 2024, and it was incumbent on the Government and all stakeholders to adhere to the Constitution and respect the integrity of the election.
CPA warned that any attempt to subvert elections, and the rule of law, will have significant implications on governance and democracy and setback Sri Lanka’s path towards economic recovery and stability.
According to CPA, the following briefly sets out some of the recent events and their implications.
* The Supreme Court’s Interim Order on the IGP
The Supreme Court’s interim order this week was in response to several cases filed challenging the appointment of Tennakoon as IGP. One of the petitions was filed by CPA’s Executive Director. After hearing lengthy submissions, the Court found that the Petitioners’ case could proceed to the next stage and in light of the strong case made out, the Court also granted an interim order.
CPA welcomes the interim order which upholds the clear and unambiguous provisions of the Constitution. CPA’s position is that, on the documents produced by the Respondents in court, including the minutes of the Constitutional Council meeting, it is clear that the President could not have appointed Tennakoon as IGP on 26th February 2024, as the required support of at least five members of the Constitutional Council was not met.
CPA notes that the President is duty-bound to uphold the Constitution. Nothing in the order would prevent the President from making an acting appointment after following the appropriate procedure set out in the Constitution. If the President does not make an acting appointment, that is a choice he makes and he would be fully responsible for the consequences of that choice. Willful violation of the Constitution, including by refusing to do what the Constitution requires him to do, is a ground on which a President can be impeached. As seen in several recent cases, a person holding the office of President can also be held liable in his individual capacity even after the conclusion of his term of office for such violations. In such a context, any action to subvert and/or undermine the Constitution by the individual holding the office must be monitored and necessary legal action pursued.
* Misinformation on the Supreme Court’s Interim Order
CPA also notes that there has been significant misinformation on the validity and the impact of the Supreme Court’s order, including in the Prime Minister’s statement to the House on 27th July. The Supreme Court’s interim order was not against Parliament, nor was it against the Constitutional Council. The Constitutional Council, moreover, is not a committee of Parliament and thus is not protected by the parliamentary privilege of exclusive cognisance. A judicial decision that the President disagrees with is not a sufficient basis to claim a judicial attack on the powers and privileges of Parliament. The order of the Supreme Court restrains Tennakoon personally from functioning in the office of IGP. Any suggestion that the order is an order against the functions of Parliament is without merit and lacks any basis in terms of the Constitution and the law. Having misinformed itself on these matters, the Government has in its irresponsible response to the Supreme Court acted in breach of several constitutional conventions that are central to the rule of law, the separation of powers, and the independence of the judiciary. These include the conventions that the Government: obeys the orders of a court even and especially when it does not agree with the reasoning of a judicial pronouncement; does not attack the judiciary in Parliament or elsewhere; and observes the sub judice principle.
CPA also notes the misinformation campaign to indicate that the President cannot make an acting appointment to cover the functions of the office of IGP. This claim is patently false. The Constitution makes specific provisions for acting appointments (Article 41C(2)). The only requirement is that when such an appointment is for a period of more than two weeks, the President needs to get the approval of the Constitutional Council. Furthermore, recent examples dispel these false claims. Firstly, in the aftermath of the 2019 Easter Sunday attacks, the then President appointed Mr. C.D. Wickramarathne as acting IGP whilst Mr. Pujith Jayasundara (who was the IGP) was suspended pending investigations into his conduct. More recently, an acting appointment to the office of IGP was made when Mr. Tennakoon was first appointed as acting IGP in November 2023.
As such, there is no impediment for the President to make an acting appointment to the office of IGP. In fact, the Constitution requires the President to respect the order of the Court and his own responsibilities in terms of the Constitution to make a suitable acting appointment. It is unfortunate that the President seems to be acting in a manner intended to frustrate the order of the Court and subvert the Constitution.
* The Supreme Court’s Interim Order and the Presidential Election
CPA notes the attempts to imply that the interim order may have a bearing on the holding of the presidential election. The interim order has no impact on the conduct of elections. The order leaves it open to the President to make a suitable acting appointment in terms of the Constitution. Even if the President does not make such an appointment, the Election Commission has a provision in the Constitution to give necessary orders to the hierarchy of the Sri Lanka Police to perform functions relating to the election (Article 104G and 104GG).
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“I extend my heartfelt wishes to all Sri Lankans for a peaceful and joyous Sinhala and Tamil New Year!” – President
President Anura Kumara Dissanayake, issuing a New Year message, extend his heartfelt wishes to all Sri Lankans for a peaceful and joyous Sinhala and Tamil New Year!
The Sinhala and Tamil New Year, which symbolises the aspiration for renewal both physically and spiritually, is the foremost cultural festival of the people of this country.
During the Sinhala and Tamil New Year, traditional customs are upheld, with priority accorded to rituals and religious observances, and activities undertaken collectively at a common auspicious time. This shared cultural practice vividly reflects our nation’s identity before the world, as well as the strong socio-cultural bonds that exist among our communities.
We firmly believe that the future path of national development can only be shaped in harmony with this invaluable culture and our distinguished historical heritage. Accordingly, it must be recalled that all our future development plans have been formulated upon the firm foundation of these precious traditions and cultural values.
Moreover, the common aspiration embodied in the customs and rituals associated with the solar transition is the nurturing of a compassionate individual who values togetherness, respects others, and lives in harmony with nature. I believe that the virtues and values of unity reflected in these New Year traditions should not be confined to these few days alone, but should instead be demonstrated throughout the year in our daily conduct.
In the face of the most significant recent natural disaster challenge encountered in the past year, we demonstrated to the world our resilience and capacity to withstand internal shocks. At the same time, in responding to the external challenges arising from the conflict in the Middle East, the Government has already set in motion a well-planned and effectively managed programme to overcome these difficulties.
As a nation, in overcoming these challenges together, I call upon all of you to further dedicate yourselves to enriching your lives through the values of togetherness, sharing, and solidarity exemplified during the Sinhala and Tamil New Year season.
As we strengthen the achievements we have secured and move forward with unwavering resolve in the face of emerging challenges, I invite everyone to join hands in unity to realise the vision of “A Thriving Nation – A Beautiful Life” for all.
I extend my heartfelt wishes to all Sri Lankans for a peaceful and joyous Sinhala and Tamil New Year!
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US blockade of Iran would worsen global energy crisis, analysts say
United States President Donald Trump’s planned naval blockade of Iran would further cripple international shipping, exacerbating the energy crisis roiling the global economy, analysts warn.
Oil prices surged above $100 a barrel on Monday after Trump announced that the US Navy would blockade the Strait of Hormuz and “interdict every vessel in international waters that has paid a toll to Iran”
“Iran will not be allowed to profit off this Illegal Act of EXTORTION,” Trump said on Truth Social.
Central Command, the US military’s command responsible for operations in the Middle East, said in a statement the blockade would affect only ships entering and exiting Iranian ports, an apparent scaling-back of Trump’s threat to fully block the strait.
Trita Parsi, cofounder of the US-based Quincy Institute for Responsible Statecraft, said a US blockade would have a cascading impact across the global economy.
“Anything that currently takes more oil off the market will push prices up, which in turn will push gas prices further,” Parsi told Al Jazeera.
Oil could rise above $150 a barrel if the blockade were to trigger retaliation from the Iran-aligned Houthis in Yemen, who could shut down Bab al-Mandeb, a strait that connects the Red Sea to the Gulf of Aden and Indian Ocean, Parsi said.
The strait is an alternative export route for Gulf oil and gas.
A blockade aimed at depriving Iran of revenues would mark a sudden reversal in policy by Washington.
The Trump administration last month announced it would waive some sanctions on Iranian oil exports as a way to help ease the global energy crunch.
Iran has essentially closed the strait since the start of the US-Israeli war on February 28, allowing only a small number of ships to transit after vetting and authorisation.
About 3,200 vessels were stranded west of the strait due to the blockage as of Saturday, according to the maritime intelligence company Windward.
Anas Alhajji, former chief economist at NGP Energy Capital Management, said expected non-Iranian ships would likely keep avoiding the strait despite the US military’s assurances that they will not be impeded because of elevated insurance premiums.
Ships may also fear retaliation from Iran, Alhajji said.
“Therefore, the Trump blockade of the Iranian ports is an actual blockade of the Hormuz Strait,” Alhajji told Al Jazeera.
The resulting rise in oil and gas prices would also cause the cost of chemicals, fertilisers and raw materials used to make plastics to increase, according to analysts.
Cameron Johnson, a senior partner at the Shanghai-based supply chain consultancy Tidalwave Solutions, said he expects prices of many raw materials to rise within several weeks if Trump makes good on his blockade threat.
“The wild card really is the timeframe on this,” Johnson told Al Jazeera.
“If this is a negotiating tactic – remember we still have eight or nine days left of the ceasefire – then it may not really matter. But if this prolongs itself into the end of the month and into the first week of May, you will see prices all over the world spike for raw materials.”
Deborah Elms, head of trade policy at the Hinrich Foundation in Singapore, said the situation for global supply chains could get “much worse” under the blockade.
“Some of the problems are obvious, but many are not. As an example, fabrics will get more expensive,” Elms told Al Jazeera.
“Packaging is already a challenge for firms. Many can’t get blister packs for pills or lids for consumer goods. We can expect consequences for food production later this year and into next year with fertiliser disruptions and lack of supply,” Elms said.
Chad Norville, president of the oil and gas industry news site Rigzone, said Trump’s threat is a further blow to confidence in the situation in the strait ever returning to normal.
The threat alone is likely to drive up insurance premiums for shipping and logistics companies and reduce the volume of trade passing the strait each day, he said.
“Disruptions to shipping and elevated risk in the region were already well established due to the conflict,” Norville told Al Jazeera.
“This threat doesn’t create that baseline. It amplifies it by reinforcing uncertainty around one of the world’s most critical chokepoints.”
[Aljazeera]
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“Let us resolve, with renewed determination to overcome obstacles and build a better and more prosperous nation” -PM
Prime Minister Dr Harini Amarasooriya in her New Year message requested every Sri Lankan to resolve, with renewed determination to overcome obstacles and build a better and more prosperous nation.
The full text of the PM’s message:
“Marking the auspicious transition of the sun from one planet to another, and the arrival of the spring season following the harvest, the Sinhala and Tamil New Year celebrated by the people of Sri Lanka since ancient times, has dawned once again.
The New Year is not merely a festive occasion; it symbolizes a renewal of prosperity, unity, coexistence, and the strengthening of mutual relationships embedded within our cultural values.
On this occasion, I extend my wishes for a peaceful and prosperous Sinhala and Tamil New Year to all Sri Lankans who celebrate this occasion with their families and loved ones, observing customs at the auspicious time.
A unique feature of Sinhala and Tamil New Year is the way an entire nation comes together through a shared set of customs. Despite the demands and challenges of daily life, this season offers a valuable opportunity to move forward with renewed hope as families, communities and a nation.
The true blessing of the New Year lies in setting aside differences and grievances, and embracing a fresh beginning in a spirit of solidarity and goodwill. Especially in the face of ongoing global challenges, the courage, compassion and resilience shown by our people in facing various natural and economic hardships in recent times stand as an example to the world. It is our responsibility to carry forward that collective strength.
At this auspicious moment, I extend my greetings to our fellow Sri Lankans working overseas, who dedicate themselves to securing a better future for their families and for the country. In particular, I extend my thoughts for the safety and well-being of those living in the Middle East during these tumultuous times.
Let us resolve, with renewed determination to overcome obstacles and build a better and more prosperous nation. As we undertake in a significant social and political transformations, we remain committed to striving tirelessly towards a better future.
May this Sinhala and Tamil New Year be blessed with happiness and prosperity!”
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