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Editorial

20A and dual citizen

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The 20th Amendment to the J.R. Jayewardene 1978 Constitution was done and dusted on Thursday night with the Gotabaya-Mahinda Rajapaksa government comfortably clearing the two thirds majority barrier. Since President Gotabaya Rajapaksa’s election as the country’s seventh executive president in November 2019, nothing kicked up as much controversy as the 20th Amendment which the government was clearly intent on enacting despite, in our view, the far more important challenge of Covid-19 confronting our country and its people today. “First things first,” we said in this space last week, least expecting the powers- that-be to elevate the Covid nightmare above 20A on the national priority list. And so it sadly was, although the virus was spreading far too fast for comfort necessitating more and more stringent restriction in many parts of this island, particularly in the Western Province.

Government propagandists worked overtime to sock home the message that the president and the government elected some months after Gotabaya’s decisive victory had received a massive mandate and were fully entitled to press on with 20A. Although the present rulers came very close to getting what Junius Rex, the old fox who drafted the 1978 constitution, had calculated to be a never-attainable two thirds majority, they ignored the fact that neither President Rajapaksa nor his government said anything about a 20th Amendment in the manifestos they presented the country. There is not an iota of doubt that the people were very well aware that those who are now in office were ironclad in their ex post facto opposition to the 19th Amendment – despite all but one of them voting for its enactment. While it was clearly stated that the incumbents will bring a new constitution, the voters were never told that a 20th Amendment would be presented and passed in an almighty hurry. Claiming a massive mandate for doing what was accomplished last week was clearly not in order.

The 1978 constitution that established the proportional representation system of elections in place of the previous first-past-the-post Westminster model the country had followed since Independence, sought in vain to impose an anti-defection deterrent. It attempted to to ensure that MPs elected on party lists would lose their seats if they chose to defect. But this endeavor has proved to be a dismal failure. We’ve had a great many defections since then, with the numbers growing last week, but no single lawmaker who changed sides has lost his or her parliamentary seat. The less said the better about inducements and/or considerations that influenced switching allegiance. The people well know that there are no free lunches and many of the defectors have fed well, nay very well, at the trough. One of the Samagi Jana Balavegaya (SJB) members who voted for 20A was quoted in a newspaper saying she didn’t take even a cent for what she did. It sounded better in the original Sinhala – “sathayakwath gaththey ne, puluwan nam oppu karanna.” (I didn’t take even a cent, prove it if you can). Explaining her vote on the floor of the House on Friday, this National List lady said that she, like Antonio in Julius Caesar, “loved her country more” (than she loved her party)

This newcomer to politics was the so-called ‘owner’ of the SJB which was among the recognized political parties in the books of the Election Commission. When Sajith Premadasa and his supporters broke away from the green party, they acquired the SJB label to enable them to field their candidate list as a party at the last election. We do not know what the arrangement was, but Ms. Diana Gamage was included in the SJB National List after the election. Digressing from the thrust of this commentary, let us say here that the dozens of unknown or barely known political parties cluttering the Election Commission’s ‘recognized party’ register should be cleaned out as they have been and will be continue to be used for political expedience. The new system of elections promised in the next constitution, which the president says will be in place for his second election anniversary (November 2021), could ensure this.

To return to the subject under discussion, the dual citizen provision in 20A merits special mention. Nobody would dispute that particular provision in 19A clearly targeted the Rajapaksas – specifically Gotabaya and Basil, who were citizen of both Sri Lanka and the USA. It was clearly venal in intent. While Gotabaya renounced his US citizenship to run for president, braving a welter of legal challenges against his candidature and suffering many campaign disadvantages over the risk factor (would his candidature be annulled?), Basil Rajapaksa did not do so. Among the stalwarts of the SLPP-led alliance publicly denouncing doing away with the 19A provisions on dual citizen are three party leader-ministers, Vasudeva Nananayakkara,Wimal Weerawansa and Udaya Gammanpila. They are now on record saying that they were voting for 20A, including the dual citizen provision, on the basis of an assurance by the president that the new constitution to be enacted by November 2021 will retain the 19A prohibitions on dual citizen.

The unanswered question that remains hanging in the air is why a year-long window favoring dual citizen is being kept open if the prohibitions will be reimposed in the new constitution next year. Has any assurance been given that this opening will not be used? No answer was forthcoming during the 20A parliamentary debate. We believe that dual citizen should not only be prevented from running at presidential and national election but also not be permitted, with foreign allegiance, to assume any high public office in this country. Disgracefully, the authors of 19A during their previous tenure in government, started the rot by appointing dual citizen as ambassadors. The icing on the cake was appointing a Singapore citizen as Central Bank governor. He is now a fugitive of the bond scam investigation.



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Editorial

All bark and no bite

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Wednesday 6th July, 2022

Parliament was thrown into turmoil once again yesterday, when a group of Opposition MPs staged a boisterous protest against President Gotabaya Rajapaksa’s presence in the House. They shouted themselves hoarse, asking the President to step down. The whole country has been asking the President to go home, but he carries on regardless. Politicians who savour power never give it up of their own volition; they are like limpets. So, no amount of shouting will help the SJB, the other Opposition parties in Parliament, and the public see the back of the President, as it stands. It looks as if the Opposition had to change its strategy.

The government still has a working majority in Parliament; it therefore has the edge in shouting matches in the House and can secure the passage of bad laws. Yesterday, there were dozens of government MPs shouting in support of the President. The Opposition has its work cut out as regards its plan to topple the government by mustering enough numbers in Parliament, and this may be the reason why it has taken its battle to the streets. A similar situation arose towards the latter stages of the yahapalana government. The UNP-led UNF retained an absolute majority in the House with the help of the JVP and the TNA although it was losing popular support rapidly. The SLPP intensified its campaign outside Parliament and turned the tables on the yahapalana regime; it won the presidential and parliamentary polls with huge majorities. But this time around, there is neither an election in sight nor a guarantee that the next government to be elected would be a stable one, and the present crisis would go away even if Parliament resolved to dissolve itself and a snap general election was held anytime soon. There’s the rub. The SJB, other anti-government forces, and the country will stand to gain only if all parties get together to break the back of the crisis before the next general election.

It has been reported that the Opposition is planning to launch a continuous protest soon to pressure the President to resign. The President is not likely to step down due to protests, but if he happens to find himself in a situation where he is left with no alternative but to sacrifice Prime Minister Ranil Wickremesinghe and appoint a new government with someone else as the PM, to save his skin, he will not scruple to do so. After all, he had his own brother, Mahinda, step down as the PM, didn’t he? In fact, he offered the premiership to SJB leader Sajith Premadasa before appointing Wickremesinghe PM. Anything is possible in politics.

The Opposition may have thought yesterday’s protest against the President would go down well with the irate public, languishing in queues and skipping meals, but such gimmicks will not help solve their problems. People are so indignant that they may love to see the President and other government grandees being ridiculed, but that does not serve their purpose. The interests of the public will be served only if all political parties, which are responsible for the mess the country has got into over the years, albeit to varying degrees, speak with one voice and act unitedly to resolve the crisis.

President Rajapaksa may have sought to prove MP Wimal Weerawansa wrong by attending Parliament yesterday. The latter said on Monday that the President was nowhere to be seen, the implication being that he was in hiding. But the President’s presence only led to a serious disruption to parliamentary proceedings in a time when the national legislature should remain maniacally focused on how to contain the crisis. The IMF and foreign governments have told Sri Lanka with one voice that it has to get its act together to qualify for financial assistance, but its political leaders are jousting for supremacy instead of sinking their differences and working out a common agenda to save the economy.

Meanwhile, Prime Minister Wickremesinghe threw down a challenge to JVP leader, Anura Kumara Dissanayake, who claims to be able to revive the economy in six months. He said he would resign, allowing Dissanayake to take over as the PM if the latter could present to Parliament a workable plan to resolve the crisis so fast. Will Dissanayake take up the challenge or continue to protest? The SJB also can reveal to the House how it intends to sort out the economy, and thereafter ask for the reins of government to implement its economic recovery programme. Such a course of action will be much more effective, and beneficial to the country than shouting.

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Editorial

A dangerous trend

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Tuesday 5th July, 2022

Fossil fuel is highly inflammable and has to be handled with care, as is known to everyone. Shortages thereof could also be so, in a manner of speaking, as evident from how tempers flare in fuel queues, igniting violence. There have been countless untoward incidents at filling stations, some of which even had to be closed temporarily as a result. The situation has recently taken a turn for the worse. Now, protesters are clashing with the police and security forces personnel directly. An armed soldier was stabbed at a fuel station in Embilipitiya, the other day, and an army officer was seen kicking a protester elsewhere. This is an extremely dangerous trend. When the armed forces are deployed to control angry crowds, violent encounters are to be expected.

In May, the country witnessed a spate of violence in the aftermath of the SLPP goon attacks on the Galle Face protesters. Organised gangs wearing full-face helmets carried out arson attacks in a very systematic manner as if they had rehearsed for those destructive acts. Luckily, they failed to sustain the wave of violence, but they may be able to compass their anarchical ends if clashes between the people and the armed forces erupt.

The best way to defuse widespread tensions is to make fuel freely available, but given the prevailing forex crunch and the attendant shortages of essential imports, the government must at least make a serious effort to ration fuel to be imported and bring profiteers to justice. Cynics say Sri Lanka has become an oil rich country of sorts although pumps at its filling stations have run dry. This situation has come about thanks to hoarders who are making a killing while the ordinary people have been left without any fuel. At this rate, the government might not be able to solve the fuel shortage even if a dozen ships carrying oil were to arrive in quick succession. Raids continue to yield huge amounts of hoarded diesel and petrol, but we believe that the police are only scratching the surface of the problem. If handsome rewards are offered for information that leads to the seizure of hoarded fuel, and raids are stepped up with more decoys being deployed, the police will be able to seize at least a shipload of fuel from hoarders.

What characterises the petroleum sector is utter chaos with racketeers having a field day. Most vehicles, especially trishaws, do not leave queues even after being refuelled; they keep returning and obtaining diesel and petrol continuously at the expense of others, who are left without any fuel as a result. Most trishaws are not available for hire these days, for it is much more lucrative to wait in queues, obtain fuel and sell it on the black market, where a litre of petrol or diesel fetches as much as Rs. 2,000. The success of any strategy to dispense fuel equitably will hinge on the government’s ability to hold unscrupulous elements at bay until fuel supplies are restored to the pre-crisis level. The recently-introduced token system has manifestly failed, and it is only natural that the government has dissociated itself from this harebrained scheme.

The government should introduce fuel rationing urgently. Perhaps, it should seriously consider adopting the odd-even rationing and having fuel stations stamp a mini calendar on the reverse of the revenue licence of every vehicle so that dates on which fuel is issued can be cancelled, at the pump, preferably by the police. This scheme, we believe, may help halve the number of vehicles waiting in fuel queues, infuse the public with confidence and thereby thwart speculation, which results in hoarding.

Meanwhile, when diesel is issued, priority has to be given to vehicles engaged in public transport and tourism, trucks transporting essentials, fishing craft, etc. This does not happen at present; even the owners of super luxury SUVs that do not do more than four to five kilometres to a litre of petrol or diesel have unlimited access to fuel. Many such gas guzzlers have been sighted at the CPC’s Kolonnawa storage terminal, where fuel is said to be issued to the so-called VVIPs, while the majority of private buses cannot operate for want of diesel.

The root cause of the fuel crisis is the shortage of forex, but the government’s cavalier attitude and inability to introduce a proper rationing system have aggravated it and are likely to plunge the country into anarchy with people clashing with the police and the armed forces, much to the glee of the so-called Helmet Brigade waiting in the wings for another opportunity.

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Editorial

Lessons from Libya

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Angry protesters have set the Libyan Parliament building on fire. They have been calling for elections. Continuing power cuts, soaring prices, months of political deadlock, etc., have driven the Libyans to extreme action although their demands have been endorsed by the interim Prime Minister, Abdul Hamid Dbeibah, who has also agreed in principle to the need to overhaul all state institutions. Libya is in chaos today with rival parties vying for power and killing one another because of the western-backed regime change in 2011.

Muammar Gaddafi was an eccentric dictator, who had to be made to uphold democracy, but the West had other plans and destabilised Libya by supporting the anti-Gaddafi forces that included Jihadist fighters. Until the ouster of the Gaddafi regime in 2011, Libya had boasted not only political stability but also excellent living standards, which were the highest in Africa and easily compared with those in the developed countries; it had one of the best social welfare schemes in the world. The Arab Spring has turned out to be a winter of despair for Libyans.

Prevailing economic, social and political conditions in Sri Lanka are similar to those in Libya at present in some respects, and have the potential to plunge the country into lawlessness just like the north African nation in depths of anarchy. This is something both the government and the Opposition should take cognisance of.

The government is groping in the dark. The Opposition parties are pulling in different directions, demanding that they be allowed to govern the country. They have said they will join forces to hold a continuous protest in Colombo, seeking the ouster of President Gotabaya Rajapaksa. The removal of the President may be the most effective way of extricating the country from the tentacles of the Rajapaksa family, which is aggravating the crisis by leveraging Prime Minister Ranil Wickremesinghe’s dependence on Basil Rajapaksa’s SLPP. Now, some Basil loyalists such as SLPP General Secretary Sagara Kariyawasam, are crawling out of the woodwork. But the ground reality is that President Rajapaksa cannot be ousted so easily. Unless he resigns, he has to be impeached. The process of impeaching the President is a tedious one, and the Opposition is without sufficient numbers in Parliament for that purpose. A sustained protest campaign backed by a general strike may be considered an option, but such a course of action will be tantamount to collective suicide in that political upheavals will destroy the economy and deprive the country of the much-needed foreign assistance. The way out, in our book, is to crank up pressure on President Rajapaksa to appoint a truly national government so that all political parties will have to stop protesting and make a contribution towards crisis management.

Sri Lankans are a credulous lot. They swallowed Dhammika peniya (syrup), which was touted as a cure for Covid-19. Gotabaya offered a political peniya, (read the Vistas of Prosperity) claiming that it was the cure for all ills of Sri Lanka, and the people fell hook, line, and sinker for it only to be disappointed. Now, they are being offered the Sajith peniya and the Anura Kumara peniya. The SJB consists of a bunch of politicians who were in the yahapalana government, which failed. The country is paying the price for having elected, as its President, a person without any experience in statecraft. The JVP, which could not run even a local government institution properly, is now demanding the reins of government. Its ideology is an anachronism in the modern world, and its utopian dream may be marketable but is not attainable.

The Opposition parties must be prevented from using the present crisis to hoodwink the public, capture power, and thereafter go on asking for time to find a solution while blaming their predecessors. No single party is equal to the task of helping straighten up the economy under its own steam, and there will have to be a concerted effort. That is why all political parties must be made to form a unity government and carry out their promises collectively pending a general election. They have to make necessary laws and policies to enable the technocrats of the Finance Ministry, the Central Bank, etc., to resuscitate the economy. Nobody will be safe if the country slides into anarchy with the irate public marching on Parliament.

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