Editorial
22A and Basil’s Catch-22
Monday 24th October, 2022
The passage of the 22nd Amendment to the Constitution (22A) cannot be considered a personal achievement of any individual politician. It was born out of a collective effort. Most of those who voted for the 22A Bill acted out of expediency rather than principle. Among those who backed it are some ardent supporters of the executive presidency. They voted for the 18th and 20th Amendments in 2010 and 2020 respectively to strengthen that institution. It was to settle political scores with their bete noire, Basil Rajapaksa, that they backed the 22A Bill overwhelmingly on Friday.
The problem with Sri Lanka’s supreme law as well as most amendments thereto is that they have been tailor-made to meet the needs of some power-hungry political leaders. The Constitution itself was created to enable J. R. Jayewardene to satiate his thirst for unbridled executive powers. His mighty hurry to introduce the presidential system resulted in numerous flaws in the Constitution, which we have had to live with.
The 13th Amendment, made in India, sought to solve Indian Prime Minister Rajiv Gandhi’s problems in Tamil Nadu rather than Sri Lanka’s ethnic issue. The 18th Amendment, made in Medamulana, helped President Mahinda Rajapaksa become a king in all but name. The 20th Amendment restored the executive powers of the President for the benefit of Gotabaya Rajapaksa. Only the 17th and 19th Amendments, introduced in 2001 and 2015 respectively, could be considered pro-people, but the latter unfortunately smacked of a move to further the interests of the then Prime Minister Ranil Wickremesinghe and place the Rajapaksa family at a disadvantage. The 22A also contains a section aimed at keeping Basil at bay; it has disqualified dual citizens from entering Parliament.
President Ranil Wickremesinghe has been praised in some quarters for the passage of 22A, which reduces his presidential powers, but he has only made a virtue of necessity. It was drafted on President Gotabaya Rajapaksa’s watch. President Wickremesinghe has neither gained nor lost anything significant due to 22A. He promised consensual governance and undertook to strengthen the independent commissions. He would not have been able to exercise the powers that the executive presidency has now been stripped of. With only a single MP on his side, he cannot do anything without the concurrence of the SLPP, which controls Parliament.
The outcome of Friday’s vote in Parliament could be thought to indicate the emergence of another dissident group in the SLPP with some more ruling party MPs apparently becoming responsive to public opinion, which is not in favour of the government. Basil has the habit of making himself scarce whenever things go wrong for his family and party. He rushed to the US after the 2015 regime change. He would have left the country last July as well but for protests at the BIA. He can always run away to the US, where he is safe. But most SLPP MPs cannot do so; they have to be here facing the people’s wrath.
Interestingly, even some members of the Rajapaksa family—Chamal, Namal and Shasheendra—voted for the 22A Bill; in so doing, they endorsed the ban on dual citizens like Basil from entering Parliament! Maybe they are running with the hare and hunting with the hounds.
It is said that Basil may renounce his US citizenship and re-enter Parliament. But it is doubtful whether he will take such a gamble, having witnessed the predicament of his brother, Gotabaya, a former US citizen, who tried to migrate to the US after his ouster, in July, only to be denied a visa. Finally, he had to take refuge in Thailand, of all places, before returning home. What the passage of 22A signifies is that President Wickremesinghe and the SLPP can extricate themselves from the Rajapaksas’ clutches, serve the interests of the people and perhaps even regain public support, if they pluck up the courage to do what is right and enlist the backing of the Opposition.
Editorial
Ranil’s advice
Saturday 21st December, 2024
Former President Ranil Wickremesinghe has urged the SJB-led Opposition to act responsibly and help ensure the continuity of the IMF bailout programme, which has enabled the economy to regain some stability. He has also thanked the NPP government for having kept the IMF programme on course.
Wickremesinghe’s exhortation to the Opposition and unsolicited advice to the government are timely but not devoid of politics. He is seeking the credit for what the country has achieved through the ongoing IMF programme, which got underway in earnest under his presidency. In fact, it is doubtful whether any other President would have had the courage to make a host of unpopular yet essential decisions to address the economic crisis. So, Wickremesinghe is not without a moral right to ask the government and the Opposition to act prudently and help the country make the most of the IMF programme. It is hoped that the Opposition and the government will heed Wickremesinghe’s advice and act accordingly.
Sadly, the SJB has chosen to play to the gallery, asking the government to renegotiate the IMF programme. It could not even sort out an internal dispute over its National List appointments, and one of its constituents resorted to legal action. So, how can such a political party claim to be able to make the IMF bend to its will? It is obviously trying to earn brownie points with the public by bellowing rhetoric.
The IMF programme is no economic panacea, but it will surely help Sri Lanka gain economic stability in the short-term. It has already yielded some tangible results. Much more remains to be done to ensure Sri Lanka’s long-term economic wellbeing, and it is up to the current dispensation as well as future governments to develop the economy and achieve debt sustainability.
Nobody likes IMF bailout conditions, which can be extremely harsh, but they are a prerequisite for a bankrupt country’s economic recovery. If Sri Lanka managed its economy properly, it would not have had to ask for IMF help, which comes with constricting conditions. However, what the IMF has prescribed is what Sri Lanka should have done on its own a long time ago.
When a country spends more than it earns and goes on borrowing recklessly from external sources to meet its revenue shortfall, it runs the risk of facing an economic crisis. The Mahinda Rajapaksa government indulged in wasteful expenditure; it spent a great deal of borrowed money on Ozymandian projects. The UNP-led Yahapalana government also borrowed heavily. The JVP backed that administration to the hilt. The Gotabaya Rajapaksa administration, in its wisdom, slashed taxes and tariffs, oblivious to the disastrous consequences of its harebrained action. The Covid -19 pandemic came, necessitating prolonged lockdowns, which took a heavy toll on the economy. The rest is history.
A person who falls into a well has to come out of its mouth, as a local saying goes. There is no other way out. Sri Lanka finds itself in a similar situation. Having ruined the economy, it found itself at the bottom of an economic pit. Thankfully, in answer to its pitiable pleas, the IMF threw a lifeline, which has enabled it to come halfway up. Needless to say, nothing will be stupider than for it to let go of that lifeline.
Editorial
Lest watchdogs should become lapdogs
Friday 20th December, 2024
The JVP-led NPP’s ascent to power rekindled the hopes of good governance activists for a radical break from the past and a new political culture. The incumbent government came under pressure to ensure the independence and integrity of the parliamentary Financial Committees by allowing them to be headed by Opposition MPs. But the efforts of the campaigners for good governance have been only partially successful. SJB MP Dr. Harsha de Silva has been appointed the Chairman of the Committee on Public Finance (COPF), and the government has said one of the NPP members should head the COPE (Committee on Public Finance).
The government’s position is that the COPE will conduct investigations into what happened under the previous administration and therefore an NPP MP should chair it. The Opposition’s efforts to persuade the government to change its mind have been in vain. President Anura Kumara Dissanayake himself reiterated the NPP’s position in Parliament on Wednesday in response to a request from Opposition Leader Sajith Premadasa that the government reconsider its decision.
The COPE plays a pivotal role in exposing irregularities in state enterprises and has the potential to restore public trust in Parliament. According to Standing Order No. 120, the duty of the COPE is to examine the accounts of public corporations, institutions funded wholly or in part by the state and of any business or other undertaking vested under any written law, with the assistance of the Auditor-General. One of the criticisms against the COPE is that its probes do not yield the desired results, and its reports gather dust. But there have been glaring exceptions.
The COPE under Dr. Wijeyadasa Rajapakshe’s chairmanship, during the Mahinda Rajapaksa government, played an activist role, paving the way for the reversal of a questionable divestiture programme—the privatisation of Sri Lanka Insurance Corporation and Lanka Marine Services. Similarly, the COPE under D. E. W. Gunasekara’s chairmanship was bold enough to produce a damning report on the first Treasury bond scam in 2015, but the UNP had Parliament dissolved, forestalling the submission of that vital document to the House. The COPE carried out its second probe into the Treasury bond scams under the chairmanship of the then Opposition MP Sunil Handunnetti. Thus, the COPE has proved its ability to safeguard the interests of the public, and the precedents it has set should be followed. Handunnetti, who is a powerful minister in the incumbent government, ought to lend his voice to those who are demanding that an Opposition MP be appointed as the COPE chairperson.
Situations could arise warranting investigations that adversely impact the interests of the incumbent government. If the COPE chairperson is a ruling party MP, he or she, under such circumstances, will not be able to act impartially owing to his or her party loyalty. This is why the campaigners for good governance insist that the parliamentary watchdog committees should be chaired by the Opposition.
The government’s argument that it has to appoint one of its MPs as the COPE chairperson because the irregularities to be probed occurred under the previous dispensation, whose MPs are currently in the opposition, is not tenable. The vast majority of the Opposition MPs in the current Parliament were not members of the previous administration, which became a metaphor for corruption, and therefore one of them can be appointed the COPE head.
The COPE will have to probe irregularities in state institutions during the current administration as well, and a ruling party MP functioning as its chairperson will be constrained to act in such a way that he or she is seen to be biased; the integrity of the watchdog committee will be compromised in such an eventuality.
One can only hope that the NPP will change its position and let an Opposition MP be appointed as COPE head.
Editorial
Hobson’s choice and U-turns
Thursday 19th December, 2024
The JVP-led NPP government is quite upbeat about President Anura Kumara Dissanayake’s India visit. However, if the joint statement Dissanayake and Prime Minister Narendra Modi issued on Monday (16 Dec.) is anything to go by, the NPP administration has endorsed what its leaders used to flay President Ranil Wickremesinghe for having undertaken to do at the behest of India, much to the interests of Sri Lanka’s interests. Wickremesinghe has thanked Dissanayake for endorsing the Economic and Technological Cooperation Agreement (ETCA) to be signed between India and Sri Lanka. This can be considered a backhanded compliment.
As for the projects of strategic importance mentioned in the joint statement, PM Modi has said nothing new; he has only reiterated what he expected the previous Sri Lankan governments to do. He has highlighted his government’s desire to see the completion of some vital projects such as the supply of LNG to Sri Lanka, a high-capacity grid connection between the two countries, a petroleum pipeline from India to Sri Lanka, and the further development of the Trincomalee oil tank farm. It is a case of Hobson’s choice for Sri Lanka.
The joint statement also mentions some benefits to Sri Lanka in areas such as energy development, education and technology and agriculture.
PM Modi and President Dissanayake have agreed to continue discussions on the development of airports in Sri Lanka. One can only hope that Sri Lanka will not come under Indian pressure to award contracts for airport development to the Adani Group, which is under a cloud. Congress MP Rahul Gandhi has accused the Modi government of ‘tweaking rules’ regarding India’s airport privatisation programme in favour of the Adani Group.
Meanwhile, PM Modi said at a joint press conference with President Dissanayake on Monday that they had discussed reconstruction and reconciliation in Sri Lanka, and he hoped that the Sri Lankan government would fulfil the aspirations of the Tamil people and its commitment to implementing the Constitution of Sri Lanka (read the 13th Amendment) fully, and conduct the Provincial Council elections. PM Modi also said he and Dissanayaka were in full agreement that ‘our security interests are interconnected’, his message being that Sri Lanka has to be mindful of India’s security concerns.
The biggest challenge before the NPP government is to justify the numerous about-turns of its main constituent, the JVP, which signals left but turns right erratically, and provides grist to the Opposition’s mill, in the process. JVP leaders are doing exactly the opposite of what they advocated as regards some crucial issues during their opposition days; their policy contradictions are legion. They have made U-turns on the IMF bailout programme, rice imports, taxes, tariffs, petroleum prices, the MPs’ perks and privileges, and a host of other issues.
Addressing a seminar under the theme, ‘Trading, Sacrifice and ETCA’, in Colombo in Sept. 2016, JVP leader Dissanayake said the agreement, if signed, would pave the way for an influx of ‘low-grade Indian IT professionals’ here at the expense of the Sri Lankan youth. According to a report published on the JVP’s official website (23 Feb. 2016), Dissanayake had this to say about ETCA, at the first of a series of seminars held under the theme ‘Denounce ETCA that sacrifices our economy to India!’: “There is a political gamble here. India is trying to intervene in politics in our country. Already, there are many RAW spies in Jaffna. Before our country is made a political playground India wants to gobble our economy. Already India has a monopoly in the vehicle, medicine and construction sectors. Already, they are controlling our economy. Through that they manipulate politics in our country. It is this political need that jumps out of Ranil’s mouth. We would never allow this agreement to be signed.”
The question is what those ‘RAW spies’ in Sri Lanka were doing during this year’s presidential and parliamentary elections.
In a video (dated 19 September 2023) doing the rounds on the Internet these days, Dissanayake opposes the Indo-Lanka connectivity project; he says the proposed projects such as the grid connection, the petroleum pipeline, etc., are detrimental to Sri Lanka’s independence.
It will be interesting to see what the opponents of ETCA, especially the professionals, who backed the NPP to the hilt in the presidential and parliamentary elections this year, have got to say about the incumbent government’s about-turns and acquiescence to India’s demands.
Meanwhile, Foreign Minister Vijitha Herath is heard speaking of ‘bondages’ between India and Sri Lanka, during a brief television interview in New Delhi. Was it a mere lapsus linguae or a Freudian slip reflecting the JVP leaders’ subconscious antipathy towards what they once perceived as India’s suzerainty or hegemonistic interests?
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