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Editorial

Laws and flaws

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Monday 16th October, 2023

Laws, passed by the Parliament of Sri Lanka during the past several years, contain flaws, which have even impeded the implementation of some of them, according to media reports. The defects have been attributed to lapses on the part of the public officials who drafted the laws at issue. There has been no official denial of the media reports in question, and supposing they are accurate, then drastic action has to be taken to straighten up the flawed laws. But this task has to be carried out in a very transparent manner, and no room must be left for the government to introduce ad hoc changes and thereby compass its political ends on the pretext of ridding laws of their flaws and facilitating their implementation.

An unauthorised change made to a crucial amendment Act, about 35 years ago has had a corrosive effect on the Constitution, especially the people’s franchise, which is a fundamental component of representative democracy. That abominable provision has enabled the political parties to circumvent the Constitution and appoint individuals of their choice to Parliament via the National List (NL).

As we have pointed out in a previous comment, Article 99A of the Constitution allows only the persons whose names are included in the lists submitted to the Commissioner of Elections or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at elections to be appointed to Parliament via the NL. This provision led to the undemocratic practice of the candidates defeated at elections to be brought in as NL MPs. In 1988, the then UNP government did something even worse. It introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL and the people’s sovereignty.

The Parliament Election Act of No 1 of 1981, as amended in 1988, allows ‘any member’ of a political party to be appointed to fill an NL vacancy. After parliamentary elections, political parties appoint their NL members as prescribed by the Constitution, and thereafter engineer NL vacancies and appoint persons of their choice to Parliament. Attempts to have this highly undemocratic practice terminated by the judiciary have been in vain.

Worse, it has been revealed that the words, ‘any person’, were smuggled into the amendment to the Parliamentary Elections (Amendment) Act after its ratification by Parliament! Strangely, there has been no sustained campaign for the abolition of this legal provision, which allows virtually anyone to enter Parliament without contesting a general election or being nominated as an NL candidate, and even become the Prime Minister, who takes over as the Acting President in case of the popularly elected President’s death, removal or resignation.

The aforesaid legal provision has become a fait accompli because the present Constitution does not provide for the post-enactment judicial review of legislation. In a country like Sri Lanka, the need for the judiciary to be empowered to review laws after their ratification cannot be overstressed, given the deplorable methods that governments employ to subjugate even the Constitution to their political interests. It may be recalled that the UNP-led Yapahapalana government stuffed the Provincial Council Elections (Amendment) Bill with questionable sections at the committee stage before rushing it through Parliament, in 2017, to postpone the Provincial Council polls indefinitely.

Hence, care should be taken to ensure that no unauthorised changes are introduced to laws passed by Parliament. The Opposition has to remain vigilant to ensure that the government does not meddle with laws. If the SLFP, which was in the Opposition in 1988, had carried out its legislative duties properly and perused the Parliamentary Election (Amendment) Act, it would have been able to challenge the unauthorised insertion thereinto, then and there. The incumbent government, which has caused elections to disappear, so to speak, will not baulk at anything to safeguard its interests.



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Editorial

Moment of truth for ‘patriots’

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Friday 9th May, 2025

The battle’s lost and won, but the hurly-burly is not yet done, one might say about the post-election blues in Sri Lanka—with apologies to the Bard. When the clouds of uncertainty will clear and the newly-elected local councils will begin functioning in earnest is anybody’s guess.

Since the conclusion of Tuesday’s local government (LG) elections, government politicians and their propagandists have been vigorously peddling an argument that the people have endorsed the way the JVP-led NPP is governing the country and reaffirmed their faith in it by enabling it to win a majority of local councils. This argument is not without some merit, but the question is why the people stopped short of giving the NPP absolute majorities in many of those councils.

The government has to come to terms with the fact that its vote share has declined considerably across the country; the majority of voters backed the Opposition parties and independent groups in Tuesday’s election.

There is another school of thought that the significant drop in the NPP’s vote share and the fact that the rivals of the NPP have together polled more votes than the NPP justify the Opposition’s efforts to secure the control of the hung councils. However, the people would have given the Opposition parties clear majorities in those councils if they had wanted those institutions to be run by the opponents of the NPP.

There is no way the NPP can form alliances with the independent groups, without compromising its much-avowed principles and integrity. The NPP has won elections by propagating its hidebound binary view of politics and politicians. The main campaign slogan of its leaders was that “either you are with us or you are with them, and only those who are with us are clean and others are rogues”. Having resorted to such ‘othering’, the NPP has no moral right to seek the support of the independent members of the hung councils. But the problem is that expediency also makes strange bedfellows. There is hardly anything that politicians do not do to gain or retain power, especially in this country.

During the NPP’s LG polls campaign, Prime Minister Dr. Harini Amarasuriya urged the public not to vote for the independent groups which, she said, consisted of undesirables who were wary of contesting from the Opposition parties for fear of being rejected again. All other NPP speakers echoed that view. So, how can the NPP justify its efforts to control the hung councils with the help of those independent groups?

Both the government and the Opposition ought to heed the popular will, reflected in the outcome of the LG polls, and act accordingly, instead resorting to horse-trading to muster majorities to further their interests, regardless of the methods used to achieve that end. Worryingly, the two sides are reportedly trying to secure the backing of the independent councillors and others by using financial inducements in a desperate bid to sway the balance of power in the hung councils. This sordid practice must end. After all, the NPP and the main Opposition party, the SJB, have promised to bring about a new political culture, and their leaders wrap themselves in the flag and make a grand show of their readiness to do everything for the public good. They never miss an opportunity to take the moral high ground and pontificate about the virtues of good governance. If their love for the country is so selfless and boundless, why can’t they sink their political and ideological differences and work out a strategy to share power in the hung councils, adopt a common programme and work for the greater good? They should be able to share the leadership positions in the non-majority councils on a rotational basis, if necessary. This is the moment of truth for the self-proclaimed patriots.

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Editorial

People have spoken

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Thursday 8th May, 2025

Sri Lankans have spoken, and what they have said is being interpreted in different ways. That the ruling NPP would be the overall winner in Tuesday’s local government (LG) polls was a foregone conclusion. Its stunning win in last year’s general election, where it obtained 159 out of 225 seats in Parliament, was still fresh when the country went to the polls again. A decline in its vote share was also expected. The Opposition managed to recover lost ground to some extent, but it has a long way to go before it can make a decisive comeback.

JVP General Secretary Tilvin Silva, addressing a press conference yesterday morning, sought to downplay the NPP’s failure to prevent a drastic drop in its vote share during the past six months or so; he claimed that the local government polls were called ‘village elections’, where voters were swayed by various factors other than national issues. That may be generally so, but the NPP made an otherwise grassroots level voting event assume the same importance as a national election, with President Anura Kumara Dissanayake himself leading its LG election campaign. The President and Prime Minister Harini Amarasuriya fervently appealed to the people to vote for the NPP in the LG elections and help consolidate its hold on power. The NPP polled 6.86 million votes (61.56%) in the last parliamentary election, but it could obtain only 4.5 million votes (43.2%) in Tuesday’s LG polls.

Tilvin argued that the NPP’s performance had been better than the SLPP’s in the 2018 LG polls. What he left unsaid was that the SLPP polled 44.6% of votes and secured 231 councils and 3,360 seats while it was in the Opposition, with the UNP-led Yahapalana government and President Maithripala Sirisena going all out to queer the pitch for it. In contrast, the NPP faced Tuesday’s LG polls after winning a presidential election and parliamentary polls late last year. It won 266 councils with 3,926 members. However, it will be able to form stable administrations on its own in only about 133 LG institutions, according to reports available at the time of going to press. This figure is subject to change.

Many local councils, including the Colombo MC are hung, and their members will have to elect their heads. The NPP, which has condemned all its political rivals as rogues, will not be able to enlist the support of the Opposition members to muster working majorities in such councils.

The NPP has come to terms with the fact that its popularity is on the wane, and growing public disillusionment is beginning to weigh on its government. Votes it polled in the North and the East in the last general election helped it secure a two-thirds majority in Parliament. Its support base has shrunk significantly in those parts of the country, where the traditional Tamil political parties have made a comeback. The ITAK has secured 307,657 votes (2.96%) and 377 seats; it has won 37 councils.

The NPP did everything in its power to win the LG polls. The President, the Prime Minister, and all MPs including ministers, were actively involved in its election campaign; the government obviously outspent its rivals in electioneering, gave pay hikes to state workers and subsidies to farmers, put on a mammoth show of strength on May Day, held a relic exposition, branded the Opposition as a bunch of thieves and promised jobs to the youth. Most of all, President Dissanayake himself issued a veiled threat of fund restrictions for the councils to be won by parties other than the NPP. But the government failed to achieve the desired result. Instead of trying to mislead the public, the NPP should figure out what the people have given it a knock for, work on its mistakes and improve its performance. Mere rhetoric won’t do.

Similarly, the Opposition should stop labouring under the delusion that the NPP’s broken promises, the anti-incumbency factor and adverse social media campaigns against the NPP leaders, will enable it to turn the tables on the incumbent government. The SJB, the SLPP, the UNP, etc., have been able to improve their electoral performance significantly, compared to that in the last general election, but they have a lot more ground to cover before they can savour power. The SJB’s votes have increased from 1.9 million (17.66%) in last year’s parliamentary election to 2.2 million (21.6%). The SJB has secured 14 local councils, but it would have been able to bag some more if it had changed its campaign strategy and worked harder. The SLPP, too, has made significant gains; its votes have increased from 350,429 (3.14%) in last year’s general election to 954,517 (9.17%).

The Opposition parties, too, would do well to heed the message the people have conveyed; they have to work harder to win back public trust and secure enough popular support to win elections.

Thankfully, another election has passed without violence or rigging. The Election Commission and the police deserve praise for a job well done.

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Editorial

Hurtful propaganda

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Wednesday 7th May, 2025

Smearing opponents has become the dominant form of electioneering in Sri Lanka. All political parties unflinchingly resort to mud-slinging during election campaigns, and they are quite adept at making lies indistinguishable from the truth. They float various claims and counterclaims, and leave the public confused and unable to make informed decisions in elections.

One of former President Ranil Wickremesinghe’s close aides, Thusitha Halloluwa, created quite a stir on the eve of Tuesday’s local government polls. He levelled a very serious allegation against President Anura Kumara Dissanayake himself; Dissanayake had made a questionable investment in Greece while calling the Opposition politicians corrupt, he said.

The government let out a howl of protest, and lost no time in reporting Halloluwa to the CID, which amply demonstrated its selective efficiency once again by launching a prompt investigation into the NPP’s complaint. Halloluwa has been summoned to the CID. Having claimed that he has irrefutable evidence to support his claim, he will have to disclose it when he visits the CID today. Will the CID act in a similar manner if complaints are made against the government politicians that they have made statements derogatory of Opposition politicians?

Unsubstantiated allegations against key opposition figures formed a central pillar of the NPP’s election platform. Some NPP politicians claimed that the Rajapaksa family had stashed away billions of dollars in Uganda, and asked for a mandate to bring the stolen money back. Later, one of the NPP MPs who propagated that claim admitted that she had told the public a lie, and argued that anyone had a right to lie! The NPP carried out such propaganda attacks on its political rivals relentlessly, and the media gave them wide publicity, helping it turn public opinion in its favour. What if the Opposition politicians also make complaints to the CID that the NPP made false allegations against them?

Some NPP notables even made complaints to the CID about an alleged conspiracy to tarnish their reputation; they claimed that the Opposition was employing devious methods to have the public believe that they were falsely claiming academic titles. It is doubtful whether the CID has any time left for its regular duties and functions after it investigates government leaders’ complaints against their opponents.

Hardly a day passes without an underworld killing being reported. On Monday, a gunman killed a youth in what resembled a scene from a 1920s Chicago gangster film. CCTV footage shows the victim running away after being shot twice, in Mount Lavinia, and the gunman running after him and shooting him at close range on the Galle Road. These killings show how bold crime syndicates and their death squads have become of late. The police and the CID are apparently not up to the task of neutralising the nether world of narcotics and crime. So, it is hoped that the police will concentrate more on their operations against organised criminal gangs while investigating complaints from government politicians.

The police set up a special unit called the FCID (Financial Crimes Investigation Division) to probe allegations of corruption against the political opponents of the UNP-led Yahapalana government, which the JVP also backed. Given the sheer amount of political work the CID has to handle at present, it looks as if the police had to set up a special unit to probe complaints from the ruling party members so that the CID can devote more time to criminal investigations. That unit can be called the PCID (Political Complaints Investigation Division).

Some media rights groups have expressed serious concern about reports that the government is contemplating legal action against the media outfits that carried Halloluwa’s claim. One of the main reasons why the NPP succeeded in winning elections was wide media coverage of its unsubstantiated allegations against its rivals. So, the question is whether the NPP, which came to power, with the help of social media and a section of the mainstream media, has any moral right to institute legal action against the media for relaying unproven allegations.

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