Features
Electoral reform and abolishing the executive presidency
by Dr Jayampathy Wickramaratne,
President’s Counsel
The Sri Lankan Left spearheaded the campaign against introducing the executive presidency and consistently agitated for its abolition. Abolition was a central plank of the platform of the National People’s Power (NPP) at the 2024 presidential elections and of the Janatha Vimukthi Peramuna (JVP) at all previous elections.
Issues under FPP or a mixed system
President Anura Kumara Dissanayake, participating in the ‘Satana’ programme on Sirasa TV, recently reiterated the NPP’s commitment to abolition and raised four issues related to accompanying electoral reform.
The first is that proportional representation (PR) did not, except in a few instances, give the ruling party a clear majority, resulting in a ‘weak parliament’. Therefore, electoral reform is essential when changing to a parliamentary form of government.
Secondly, ensuring that different shades of opinion and communities are proportionally represented may be challenging under the first-past-the-post system (FPP). For example, as the Muslim community in the Kurunegala district is dispersed, a Muslim-majority electorate will be impossible. Under PR, such representation is possible, as happened in 2024, with many Muslims voting for the NPP and its Muslim candidate.
The third issue is a difficulty that might arise under a mixed (FPP-PR) system. For example, the Trincomalee district returned Sinhala, Tamil and Muslim candidates at successive elections. In a mixed system, territorial constituencies would be fewer and ensuring representation would be difficult. For the unversed, there were 160 electorates that returned 168 members under FPP at the 1977 Parliamentary elections.
The fourth is that certain castes may not be represented under a new system. He cited the Galle district where some of the ‘old’ electorates had been created to facilitate such representation.
It might straightaway be said that all four issues raised by President Dissanayake have substantial validity. However, as the writer will endeavour to show, they do not present unsurmountable obstacles.
Proposals for reform, Constitutional Assembly 2016-18
Proposals made by the Steering Committee of the Constitutional Assembly of the 2015 Parliament and views of parties may be referred to.
The Committee proposed a 233-member First Chamber of Parliament elected under a Mixed-Member Proportional (MMP) system that seeks to ensure proportionality in the final allocation of seats. 140 seats (60%) will be filled by FPP. The Delimitation Commission may create dual-member constituencies and smaller constituencies to render possible the representation of communities of interest, whether racial, religious or otherwise. 93 compensatory seats (40%) will be filled to ensure proportionality. Of these, 76 will be filled by PR at the provincial level and 12 by PR at the national level, while the remaining 5 seats will go to the party that secures the highest number of votes nationally.
The Sri Lanka Freedom Party agreed with the proposals in principle, while the Joint Opposition (the precursor of the Sri Lanka Podujana Peramuna) did not make any specific proposals. The Tamil Nationalist Alliance was willing to consider any agreement between the two main parties on the main principles in the interest of reaching an acceptable consensus.
The Jathika Hela Urumaya’s position was interesting. If the presidential powers are to be reduced, the party obtaining the highest number of votes should have a majority of seats. Still, the representation of minor political parties should be assured. Therefore, the number of seats added to the winning party should be at the expense of the party placed second.
The All Ceylon Makkal Congress, Eelam People’s Democratic Party, Sri Lanka Muslim Congress and the Tamil Progressive Alliance jointly proposed that the principles of the existing PR system be retained but with elections being held for 40 to 50 electoral zones and a 2% cut-off point. The Janatha Vimukthi Peramuna was for the abolition of the executive presidency and, interestingly, suggested a mixed electoral system that ensures that the final outcome is proportional.
CDRL proposals
The Collective for Democracy and Rule of Law (CDRL), a group of professionals and academics that included the writer, made detailed proposals on constitutional reform in 2024. It proposed returning to parliamentary government. The legislature would be bicameral, with a House of Representatives of 200 members elected as follows: 130 members will be elected from territorial constituencies, including multi-member and smaller constituencies carved out to facilitate the representation of social groups of shared interest; Sixty members will be elected based on PR at a national or provincial level; Ten seats would be filled through national-level PR from among parties that failed to secure a seat through territorial constituencies or the sixty seats mentioned above, enabling small parties with significant national presence without local concentration to secure representation. Appropriate provisions shall be made to ensure adequate representation of women, youth and underrepresented interest groups.
The writer’s proposal
The people have elected the NPP leader as President and given the party a two-thirds majority in Parliament. It is, therefore, prudent to propose a system that addresses the concerns expressed by the President. Otherwise, we will be going around in circles. The writer believes that the CDRL proposals, suitably modified, present a suitable basis for further discussion.
While the people vehemently oppose any increase in the number of MPs, it would be challenging to address the President’s concerns in a smaller parliament. The writer’s proposal is, therefore, to work within a 225-member Parliament.
The writer proposes that 150 MPs be elected through FPP and 65 through national PR. 10 seats would be filled through national-level PR from among parties that have not secured a seat either through territorial constituencies or the 65 seats mentioned above. The Delimitation Commission shall apportion 150 members among the various provinces proportionally according to the number of registered voters in each province. The Commission will then divide each province into territorial constituencies that will return the number of MPs apportioned. The Commission may create smaller constituencies or multi-member constituencies to render possible the representation of social groups of shared interest.
The 65 PR seats will be proportionally distributed according to the votes received by parties nationally, without a cut-off point. The number of ‘PR MPs’ that a party gets will be apportioned among the various provinces in proportion to the votes received in the provinces. For example, if Party A is entitled to 10 PR seats and has obtained 20% of its total vote from the Central Province, it will fill 2 PR seats from candidates from that Province, and so on. Each party shall submit names of potential ‘PR MPs’ from each of the provinces where the party contests at least one constituency in the order of its preference, and seats allotted to that party in a given province are filled accordingly. The remaining 10 seats will be filled by small parties as proposed by the CDRL.
How does the proposed system address President Dissanayake’s concerns?
The President’s concern that PR will result in a weak parliament is sufficiently addressed when a majority of MPs are elected under FPP.
Before dealing with the other three issues, it must be said that voters do not always vote for candidates from their communities. A classic example is the 1965 election result in Balapitiya, a Left-oriented constituency dominated by a particular caste. The Lanka Sama Samaja Party boldly nominated L.C. de Silva, from a different caste, to contest Lakshman de Silva, a long-standing MP who crossed over to bring down the SLFP-LSSP coalition. Balapitiya voters punished Lakshman and elected L.C.
Multi-member constituencies have generally served their purpose but not always. The Batticaloa dual-member constituency had been created to ‘render possible’ the election of a Tamil and a Muslim. At the 1970 elections, the four leading candidates were Rajadurai of the Federal Party, Makan Markar of the UNP, Rahuman of the SLFP and the independent Selvanayagam. The Muslim vote was closely split between Macan Markar and Rahuman, resulting in both losing. Muslim voters surely knew that a split might deny Muslim representation but preferred to vote according to their political convictions.
The President’s second concern that a dispersed community may not get representation under FPP will also be addressed better under the proposed system. Taking the same Kurunegala district as an example, a party could attract Muslim voters by placing a Muslim high up on the PR list. Similarly, a Tamil party could place a candidate from a depressed community high up in its Northern Province PR list to attract voters of depressed communities and ensure their representation.
The third concern was that the number of electorates would be less under a mixed system, making it challenging to carve out electorates to facilitate the representation of communities, the Trincomalee district being an example. Empowering the Delimitation Commission to create smaller electorates assuages this concern. It will not be Trincomalee District but the whole Eastern Province to which a certain number of FPP MPs will be allotted, giving the Commission broad discretion to carve out electorates. The Commission could also create multimember constituencies to render possible the representation of communities of interest. The fourth concern about caste representation would also be addressed similarly.
It may be noted that the difference between the number of FPP MPs (150) under the proposed system is only 10% less than that under the delimitation of 1975 (168). Also, there will be no cut-off point for PR as against the present cut-off of 5%. This will help small as well as not-so-small parties. Reserving 10 seats for small parties also helps address the concerns of the President.
No spoilers, please. Don’t let electoral reform be an excuse for a Nokerena Wedakama
The writer submits the above proposals as a basis for discussion. While a stable government and the representation of various interests are essential, abolishing the dreaded Executive Presidency is equally important. These are not mutually exclusive.
President Dissanayake also said on Sirasa TV that once the local elections are over, the NPP would first discuss the issue internally. This is welcome as there would be a government position, which can be the basis for further discussion.
This is the first time a single political party committed to abolition has won a two-thirds majority. Another such opportunity will almost certainly not come. Let there be no spoilers from either side. Let electoral reform not be an excuse for retaining the Executive Presidency. Let the Sinhala saying ‘nokerena veda kamata konduru thel hath pattayakuth thava tikakuth onalu’ not apply to this exercise (‘for the doctoring that will never come off, seven measures and a little more, of the oil of eye-flies are required’—translation by John M. Senaveratne, Dictionary of Proverbs of the Sinhalese, 1936).
According to recent determinations of the Supreme Court, a change to a parliamentary form of government requires the People’s approval at a referendum. While the NPP has a two-thirds majority, it should not take for granted a victory at a referendum held late in the term of Parliament for, then, there is the danger of a referendum becoming a referendum on the government’s performance rather than one on the constitutional bill, with opposition parties playing spoilers. If the government wishes to have the present form of government for, say, four years, it could now move a bill for abolition with a sunset clause that provides for abolition on a specified date. Delay will undoubtedly frustrate the process and open the government to the accusation that it indulged in a ‘nokerena vedakama’.
Features
Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber
“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “
According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.
Sri Lanka’s Absence from Section 301 Consultations
But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.
In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.
As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .
Awakening from Diplomatic Slumber and AKD’s Gazette
Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.
As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?
Challenges ahead
“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.
With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.
So, this is definitely not the time to slumber.
(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira ✍️
Features
Tales of Mystery and Suspense 10 Casino for Sale
After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.
I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.
This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.
Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.
The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.
But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.
Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.
Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.
Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.
Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.
When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.
Again, lots of excitement, and entertaining references – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.
Features
The challenge of being positive about SAARC
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
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