Features
The Republic: Fiftieth Anniversary and Fifty Days of Aragalaya
by Rajan Philips
Sri Lanka became a Republic on 22 May 1972, and the fiftieth republican anniversary has come and gone largely unnoticed. The only acknowledgement of the occasion so far in the media has been the articles by Dr. Jayampathy Wickramaratne, which were also a reproduction of a chapter on the 1972 Constitution that he wrote for a book felicitating the political life of Prime Minister Sirimavo Bandaranaike. Last Sunday, Prime Minister Ranil Wickremesinghe addressed the nation for the second time in as many weeks. He spoke of the need to address issues facing the country not only in the economic sphere, but also in the political sphere which would involve constitutional changes.
However, the Prime Minister made no reference to the fiftieth anniversary of the Republic and its implications for the constitutional changes that are being considered now. He is only too well aware that the current impetus for constitutional changes is not due to the age of the Republic – its fifty long years, but it is due to the pressure brought on by 50 days of Aragalaya protests. The 50-day mark of Aragalaya was faithfully marked by the youthful protesters, quite unlike the 50th anniversary of the Republic.
The Republic came into being by virtue of the First Republican (1972) Constitution under the auspices of the United Front Government with Mrs. Bandaranaike as Prime Minister and Dr. Colvin R de Silva as the Minister of Constitutional Affairs. The parliament that was elected in 1970 with a landslide majority for the United Front Government, was turned into a Constituent Assembly to “draft, enact and adopt” a new constitution quite outside the ambit of the Soulbury Constitution and, as Dr. Colvin would often intone, “not merely despite the Queen but in defiance of the Queen.” Thus, Sri Lanka became a Republic with one more formal severing of its colonial cords.
The First Republican Constitution lasted only five years and was quite easily undone by its own exceptionally flexible provision for its repeal and replacement by a future parliament commanding a two-thirds majority of its members. The 1977 election gave JR Jayewardene and the United National Party more than a two thirds majority, which JRJ used not only to repeal and replace the 1972 Constitution, but also foist on Sri Lanka a presidential system of government that had no justificatory rationale in national politics or support in the country beyond JRJ’s idiosyncratic mind and his possession of undated letters of resignation given to him by all newly elected UNP MPs.
The upshot was the Second Republican Constitution that was adopted in 1978. In contrast to the supreme flexibility of the 1972 Constitution, the 1978 Constitution was deliberately entrenched against changes by future parliaments except the long parliament (1977-1988) that JRJ presided over. The 1978 Constitution has been in force for 44 years, and has been Sri Lanka’s most contentious constitution. It has also lasted the longest.
Constitutional Changes
The constitutional changes that are currently on offer are not changes to anything in the First Republican Constitution, but to the Second Republican Constitution. The main constitutional changes that are now being bandied as part of the 21st Amendment (21A) primarily involve significant modifications to the powers of the Executive President. An anticipated sequel to 21A is the abolishing of the presidency itself. Although they are not included in the current proposals for 21A, there are two other matters that will need to be addressed through constitutional changes sooner than later.
The first is electoral reform to modify the current proportional representation system to a blend of the old first-past-the-post system and limited proportional representation. Constitutional changes to bring about electoral reform have had nearly unanimous support among MPs in every parliament since 1994, but every President and her/his government from 1994 has singularly failed to leverage this support and transform the electoral system. And it is not likely to happen even now without pressure and prodding from Aragalaya protests.
The second matter is more controversial and involves the question of devolution of powers and consistently positive implementation of the Thirteenth Amendment (13A). There is no consensus over what needs to be done even though, it is fair to say, the call for repealing 13A has lost any consequential political support that it may have previously had. Gotabaya Rajapaksa himself once called for the repeal of 13A, but it is unlikely that he is harbouring such thoughts now, if he is harbouring any constitutional thought at all. More so, with all the financial bailouts from India without which his presidency will be a goner much sooner than it would eventually be.
The controversy over 13A cannot be settled by taking extreme positions – either calling Provincial Councils a steppingstone to separation, which is simply nuts; or insisting that PCs are unworkable so long as the Constitution calls itself a unitary constitution, which is equally nuts. Federal and Unitary arrangements are not disconnected poles with nothing in between, but are the ends of a continuum with several intermediate possibilities. The fact that the unitary article and the 13th Amendment are part of the same constitution is proof of the co-existence pudding. The trouble is nobody is interested in actually eating the pudding, only complaining about what ingredients in it are too much and what ingredients are missing.
In my view, it would be distractive and counterproductive to expand the scope of 21A to include constitutional changes involving 13A and Provincial Councils. The main task is to make the Provincial Councils system work, first by providing for them to be elected along with the next parliament under a reformed electoral system. Constitutional adjustments can be brought in later based on sincere and honest operational experience of the newly elected Provincial Councils. For now, the focus should be on constitutional changes involving the executive presidency first, and electoral reforms soon after.
PM’s Statement
In his Sunday talk last week, the Prime Minister spoke to the “two major issues in the political sphere.” The first issue, he said, is “the re-introduction of the 19th Amendment,” and noted that “… party leaders, are now preparing the 21st Amendment in this regard.” The second issue “is to work towards the abolition of the Executive Presidency. The timing and methodology must be decided by the Party Leaders.”
While abolishing the executive presidential system has been a constant policy plank across all major political parties from 1994, this is the first time a Prime Minister has addressed the nation indicating that parliament must “work towards the abolition of the Executive Presidency,” and that “the timing and methodology must be decided by the Party Leaders.” There are number of ways of looking at this statement and its implications.
First, it must be acknowledged that such a statement would have been unthinkable, and even more unthinkable that it could be made by someone like Ranil Wickremesinghe, without the ground-breaking effects of the Aragalaya protests. To be sure, it is not only the Prime Minister who is talking about abolishing the presidency as a result of Aragalaya, but even President Gotabaya Rajapaksa has been forced by it to meekly indicate his readiness for abolishing the presidency. This was before May 9, when Aragalaya was in full flight. Now the President seems to be changing his tune, but more on that later.
Second, it is possible to see the Prime Minister’s statement both as a notice to the President, as well as a rallying call for supporting constitutional changes both within parliament and outside. Those within parliament who are committed to enacting 21A and abolishing the presidency must stop using them to make rhetorical points and start focusing on winning support among MPs to obtain the requisite two-thirds majority.
Third, insofar as the PM’s statement might also be meant for the ears of Aragalaya protesters, one can only say that the Prime Minister is being better late than never. I say this because it has been reported that in his discussions with the President before being appointed as Prime Minister, Ranil Wickremesinghe has told Gotabaya Rajapaksa that he should resign as President. I say as well that Mr. Wickremesinghe would have strengthened his position immensely, both within and outside parliament, if he had made his position publicly known instead of keeping it as a private suggestion to the President. Belatedly, he has gone public now, but it is too soon to tell if he is too late in publicly stating that 21A must be passed and the Executive Presidency must be abolished. Here is why.
Last week I noted some of the consequences of the deflation of Aragalaya after the tumults out of Temple Trees on May 9. It is not only reactionary politics and Basil Rajapaksa’s antics that have been resurrected by the deflation of Aragalaya. There is also the ministerial resurrection of Wijeyadasa Rajapakse who has been entrusted with the drafting of the 21A Bill. Given his chequered past, no one should be surprised that the draft Bill that he is currently circulating is unacceptable to almost all genuine stakeholders for constitutional reform. In addition, quite a few SLPP MPs and former Ministers are now ganging up against substantive constitutional changes and abolishing the executive presidency.
PMD’s Monkey Business
Above all, the President, either on his own bad advice or that of others, would appear to be keen on consolidating his political position with no apparent interest in addressing the burning issues in either the economic sphere or the political sphere that the Prime Minister has been harping on. While others are talking about separating the Head of State from holding ministerial portfolios, the President is gazetting himself authority over 42 institutions by bringing them under the Defence Ministry. Why should the President be directly bossing over institutions like The Board of Investment, Sri Lanka Telecom and the Port City Economic Commission, and why should such institutions come under the Ministry of Defence?
And why is the President extending the duration of the ‘One Country One Law’ Presidential Task Force headed by the controversial Gnanasara Thero even after the Attorney General has instructed that charges by filed against the monk for using hate speech against religious minorities? Is the Task Force going to be helpful in getting bridge financing from the IMF? Or is there a new credit line from Saudi Arabia that Gnanasara Thero recently visited apparently for enlightenment on religious cohabitation?
If the President seems earnest about consolidating his positions and murky bases, he is also showing himself to be deceptive and manipulative in spreading misinformation about Aragalaya protesters. At least, the President’s Media Division (PMD) is. Last week, the PMD put out a press release that has since been exposed and dismissed as false information. The PMD statement alluded to an organization called “The Confederation of Professionals for a National Policy” and described it as “a group of professionals and youth involved in ‘Aragalaya’ (struggle).” The statement went on to say that this ‘group’ met with the President on Wednesday (June 1), the meeting was held under the patronage of Ven. Prof. Pathegama Gnanissara Thera and Shastrapathi Ven. Vitiyala Kavidhaja Thera, and that the meeting was attended by Dr. Asoka Jayasena and Mr. Nelum Weragoda representing the “group of professionals and youth involved in Aragalaya.”
Unsurprisingly, the PMD statement did not provide the names of Aragalaya youth who allegedly attended the meeting. In fact, there were no names to provide because no one from Aragalaya attended any meeting with the President. The protesters who have been out for over 50 days demanding the resignation of the President have flatly denied meeting with the President as (falsely) claimed by the President’s Media Division. Aragalaya protesters have been quite categorical in denouncing the PMD’s falsehoods: “We don’t want to have any sort of discussion with the President. We just want him to be sent home. That’s the name of our movement “Gota Go Gama” (GGG), meaning for Gota to go.”
Why would the PMD publicly lie about anyone from Aragalaya attending any meeting with the President? The PMD had further stated that the meeting was also attended by the new Minister of Justice Wijeyadasa Rajapakshe, and the discussion at the meeting “focused on short, medium and long-term measures that should be taken to address the current political, social and economic crisis and the adoption of a new ‘people-friendly’ Constitution.” Assuming that Minister Rajapakshe did in fact attend a meeting at the President’s House, where was the Prime Minister in all this while the President was leading a discussion on adopting a new “people-friendly” Constitution? And where was 21A in all this? Never mind abolishing the executive presidency. (To be continued)
Features
The Division Bell Mystery
Tales of Mystery and Suspense 3
The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.
The Brahms and Simon detective novels, the first of which I wrote about last week, were amongst several books by the pair that Robert Scoble gave me when I was in Australia towards the end of last year. Amongst them was another thriller of a very different sort, though that too was written and set between the wars.
Called The Division Bell Mystery, it was set in the House of Commons, the first such book I believe, and was by Ellen Wilkinson, a Labour MP who became Minister of Education in Attlee’s government after the war, having served previously as Parliamentary Private Secretary to several ministers. Her hero Robert West is also a PPS, but a conservative, and his Minister, of Home Affairs, is an old style aristocrat, not much loved by the less orthodox Prime Minister, who nevertheless needs his support on many occasions.
The murder, in a private dining room in the house, is of a financier with whom the government was negotiating a loan. When this seemed difficult the Minister of Home Affairs agreed to lead discussions, since he had known Mr Oissel the financier when they were young. Hence the private dinner, but when the Minister stepped out for a vote, Oissel was shot just as the Division Bell rang.
West was just outside the door when the shot was heard, and when he opened it saw only the dead body with a revolver beside it. The assumption that this was suicide was however challenged by Oissel’s grand-daughter Annette, who was his heir, on the grounds that he would never have killed himself. But her view was given greater credence by the Inspector put in charge of the case who said there were no burn marks on the body which would have been the case had Oissel fired the pistol himself.
Matters are complicated by the fact that Oissel’s flat had been burgled while he was at dinner, and Jenks the policeman allocated to him, who had served the Home Secretary and seemed more acceptable to Oissel than someone from the Security Service, had been killed. Matters get even more complicated when Annette says her grand-father’s notebook in which he wrote his secrets in cipher was missing.
That was found in Jenks’ pocket, and then a photographer came to West to say he had been asked by Jenks to photograph this. More worryingly for West, he finds in the Home Secretary’s drawer a few pages from the notebook with what appears to be an interpretation of the cipher.
Overwhelmed by all this he confides in a recently created peer who knows all about the business world, who insists that they leave the house party at which they had met over dinner and discuss the matter with the Prime Minister who promptly summons the Home Secretary.
But the Home Secretary had gone to Scotland to launch a ship over the weekend, so the meeting could take place only on the morning of the Monday, when difficult questions were expected on the adjournment motion. He admits at the meeting that he had got Jenks to take the notebook, and also that he knew the code since it had been created by him and Oissel when they were young.
He thought he should resign, and even contemplated suicide, but the Prime Minister told him that that would be even worse for the government, and that he should go home to bed. The Prime Minister said that he himself would handle the question, which he did with aplomb, insisting that confidentiality was needed until the inquest. What had happened would be made clear then, he declared, leaving West and Inspector Blackit and Lord Dalbeattie what seemed the impossible task of solving the murder.
Dalbeattie had suggested that West ask a female Labour MP who was very fond of him to get what information she could from the staff. That there was some involvement there had become clear when West, going back late one night to collect a briefcase he had left in a dining room, found someone lurking in the dark in the corridor outside the private rooms. Room J, where the murder had happened, was meant to be guarded throughout by a policeman, but he had left the room having felt dizzy, and it seemed that his coffee had been drugged. West’s sudden appearance however had prevented anyone else getting into the room.
Dalbeattie decides to recreate the scene of the murder and has a dinner party in Room J on the Tuesday night, inviting West and Annette and the society hostess at whose house he had met, and also Patrick Kinnaird, an MP who was engaged to Annette, as well as the Permanent Secretary to the Home Ministry.
After coffee Inspector Blackit comes in with Grace, the Labour MP who had got the confidence of the staff, and a journalist who had also been helpful, and just as they say they think they are on the track the division bell rings. Grace jumps up and tells the Inspector that that provides the solution and they get a ladder, and sure enough find the revolver in the space where the bell is. Directed at the place where Oissel had sat, it had been primed to go off with the ringing of the bell. The waiter who had helped to set things up made clear who the murderer had been.
The reason for the murder and the confused motives of all those involved made for a fascinatingly intricate mix. But also impressive in the book were the descriptions of the isolation possible in the crowded premises of the house, the forceful characterization of the members – Grace based on the writer, the society hostess based on Nancy Astor, the first female MP – and the laid back nature of senior politicians which West realized had to change in the brave new world of high finance.
Features
The challenge of keeping value-based politics alive
The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.
At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.
Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.
In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.
Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.
The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.
Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.
In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.
The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.
It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.
Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.
On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.
That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’
In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.
In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’
True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.
Features
Vesak celebrations … with Cuteefly
I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.
Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.
She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.
As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes
Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.
Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity
These handcrafted Vesak candles are perfect for offering at the temple, she says.
What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.
What’s more, her customers have heaped praise on her for her creativity.
According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.
Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”
Cuteefly, says Indunil, is available online.
Readers could contact Indunil on 0778506066 for more details.
He Facebook Page is: Cuteefly.

Handmade with love
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