Editorial
Ayes, Noes and duplicity

Monday 24th August, 2020
Chief Opposition Whip Lakshman Kiriella has demanded to know how come those who supported the 19th Amendment are now trying to scrap it. His reference is obviously to his political opponents in the SLPP government bent on getting rid of the 19th Amendment. The answer to his question is that they are doing so because Sri Lankan politicians act out of expediency rather than principle.
The 17th Amendment, which was a progressive legislation regardless of its flaws was passed without a division in 2001. Mahinda Rajapaksa was a minister in the Chandrika Kumaratunga government at that time. So were most SLPP and SLFP seniors who are currently savouring power. But Rajapaksa introduced the 18th Amendment after securing a second term as the Executive President and effectively neutralised the 17th Amendment in the process. Many others who had voted for the 17th Amendment unflinchingly helped him secure the passage of the 18th Amendment. In so doing, all of them made a mockery of their commitment to good governance.
As Kiriella has said, in 2015, all UPFA/SLFP MPs who had backed the 18th Amendment, save one, voted for the 19th Amendment, which strengthened the independent commissions created by the 17th Amendment. In so doing, they helped limit the number of terms a President can serve to two and strip the President of the power to hold Cabinet posts. The UNP, which captured power in Parliament, after defeating President Rajapaksa, had only 46 seats and the ousted UPFA a two-thirds majority. How did the UNP achieve that goal?
The defeat of President Rajapaksa left the UPFA MPs shell-shocked. They were too scared to stand up to the new government, which the newly elected President Maithripala Sirisena had formed. They took the path of least resistance without ruffling the feathers of the new leaders; many of them even joined forces with the new government for fear of reprisal.
Some yahapalana grandees including former President Sirisena, who backed the 19th Amendment, and flaunted it as an achievement of theirs, are now in the SLPP administration, and they will back the 20th Amendment to be presented to Parliament soon. It is only natural that their erstwhile yahapalana colleagues accuse them of duplicity. However, these critics are behaving just like the proverbial crab which asked its offspring to walk straight while he was moving sideways. Among those who are campaigning against the executive presidency, calling it a threat to democracy, are some senior politicians who voted for the 1978 Constitution, which created that institution. Prominent among them is former Prime Minister Ranil Wickremesinghe. It has been a case of political sour grapes for them; a UNPer has not been able to secure the executive presidency since 1994—for more than a quarter century and, therefore, they want it done away with. Ironically, the UNP was instrumental in clipping the wings of the Executive President in 2015. They have proved that they are as hypocritical as their SLPP counterparts who condemned the executive presidency as a curse while they were in the Opposition.
Meanwhile, the JVP plunged the country into a bloodbath in a bid to scuttle the 13th Amendment, which paved the way for the establishment of the Provincial Councils, in the late 1980s. Their reign of terror and equally ruthless counterterrorism operations by the UNP governments during that period left tens of thousands of people dead and many others missing. But the JVP later had representation in the Provincial Councils. Strangely, the 20th Amendment it proposed with a view to having the executive presidency abolished did not call for doing away with 13th Amendment!
Meanwhile, SJB MP Harin Fernando has told Parliament that President Gotabaya Rajapaksa’s Policy Statement gave him the creeps; he has said he believes that it marks the beginning of the country’s journey towards a dictatorship. If so, he and his party should have called for a division and made an attempt to prevent the ratification of the President’s policy statement.
The history of the 1978 Constitution and the 19 amendments thereto has been one of duplicity and capriciousness. If Machiavelli were alive today, he would add to The Prince a new chapter on the Sri Lankan politicians.
Editorial
Honorable MP in the Customs net

Whether they will admit it or not, politicians in the country are well aware that they are not top of the pops where public opinion is concerned. Few people rate politicians positively although there are many exceptions. Last week’s gold and smartphone smuggling detection at the Bandaranaike International Airport served to aggravate this assessment. Puttalam District MP Ali Sabri Raheem arriving from Dubai was detected, on a tip off, by customs and found carrying contraband worth Rs. 75 million.
Telephones hummed and he was able to reach the highest in the land who reportedly promised to “go into the matter.” Thankfully, he got no respite, the contraband was confiscated and he was slapped with a fine of Rs. 7.4 million which was quickly paid. Raheem was free within hours and was able to be present in Parliament to vote against the government motion to sack Janaka Ratnayake, the Chairman of the Public Utilities Commission of Sri Lanka (PUCSL).
He went over national television to plead his innocence blaming an unnamed golaya for the crime. This worthy, the MP claimed, had packed their bags and the politician said he did not know what went into them. That, of course, is a story that will be hard to sell. People are not as gullible as Raheem would like to believe. Though photographs of customs officers posing with the contraband detected have been widely published, the public is totally ignorant of many relevant details of this detection. In the first instance, who was this person who accompanied the MP? Was he a paid member of the MP’s staff? Was the contraband found only in the MP’s baggage or was it divided between the two passengers’ bags? If so, was the golaya, who the MP has publicly blamed for the scandal also been questioned and what did he say? Queries on all these matters and more remain unanswered and only the tip of the iceberg has surfaced.
Predictably there have been many developments since the smelly stuff hit the fan. It was reported on Friday that some 20 MPs, mostly belonging to opposition parties, have handed a letter to the speaker requesting an investigation. They have rightly said that a scandal of these proportions would result in all parliamentarians being tarred with the same brush in the court of public opinion. The cynic would say that they need ot bother on this score as this has already happened in the public mind, with politicians and not only parliamentarians, having been negatively viewed long before the newest scandal broke.
Be that as it may, we wonder whether the speaker has any role in such matters. MPs are very conscious of their rights and privileges and there have been occasions where the speaker’s permission – he is the custodian of such rights and privileges – were obtained before an MP is questioned by police in the case of an investigation. This has been demanded on occasions when need for such questioning arose. There is also a code of conduct for parliamentarians adopted in March 2018. Clearly the recent smuggling matter would (or should) be caught up it that.
People could well ask whether hurling missiles, throwing chilli flakes in the parliamentary chamber and not allowing the speaker to take his seat and perform his functions do not come within the ambit of the code. If it does, why did not what happened in the House during the “October Revolution” of 2018 when then President Maithripala Sirisena sacked Prime Minister Ranil Wickremesinghe and installed Mahinda Rajapaksa in his stead, come under the glare of that well-intentioned but seemingly impotent code?
Apart from the demand that the speaker looks into Raheem’s conduct and take appropriate action, Field Marshal Sarath Fonseka has seen a deeper conspiracy. He alleged on Thursday that the MP, free of the customs clutches, rushing to parliament post-haste to vote against the resolution to remove the PUCSL Chairman from his post was a government plot to lump Raheem with the opposition! That worthy himself is on record saying he voted against the government as there was nobody to help when he needed assistance. “So why should I vote for that government?”, he asked
Criminals are usually not apprehended committing a first offence. The fact that somebody knew that something was going on and was able to tip off the customs suggests that this recent detection is not a one off. Why should Members of Parliament be issued diplomatic passports and accorded VIP facilities at the airport? What differentiates them from ordinary people whose votes catapulted them into positions of privilege with perks galore at the taxpayer’s expense? Tipping off customs is, of course, a lucrative business with fat reward entitlements. Whoever blew that whistle which felled the MP will benefit tidily. Let us hope that such a person does not get a bullet in his head from a motorcycle gunman for his pains as is becoming all too common today in this island of ours.
A question was also asked in parliament why the fine imposed was relatively modest considering the value of the contraband. We believe that the law permits a fine three times the value of the smuggled goods. In this instance it had been a mere 10 percent. State Minister of Finance Ranjit Siyambalapitiya had replied that the fine that was slapped was highest for such offences in recent times.
Admittedly a fine of over Rs. 200 million might never have been collected. Such fines seldom are. Of course the confiscation of the contraband would have cost somebody very big bucks. Couriers are widely used for smuggling via passenger baggage and how tight a hold the customs has on this business method that is widespread is anybody’s guess.
Editorial
It’s asset disclosures, stupid!

Saturday 27th May, 2023
SJB MP Eran Wickramaratne has called upon the former Presidents of Sri Lanka to make public their asset disclosures and thereby set an example to others. He has said there are two ex-Presidents in the House––Mahinda Rajapaksa and Maithripala Sirisena––and they should lead by example. One cannot but endorse his call, which was made during yesterday’s parliamentary debate on proposed amendments to the Declaration of Assets and Liabilities Act. The question however is whether the ex-Presidents, or other politicians for that matter, will ever want to disclose their assets truthfully, and run the risk of landing themselves in trouble in the process.
There are said to be lies, damned lies, and statistics. One can replace ‘statistics’ with ‘the declarations of assets and liabilities’ where Sri Lankan political leaders are concerned. It is nothing but naïve to expect our politicians, to whom deception is second nature, to be truthful when they declare their assets, most of which are ill-gotten, as is public knowledge. Truthful asset disclosures will serve as self-indictments, given the sheer amount of wealth they are believed to have amassed and stashed away in offshore accounts.
Power and wealth are conjoined twins in this country. Politicians who savour power for a few years are set for life. One may recall that Rs. 17.8 million was found at the President’s House in the immediate aftermath of President Gotabaya Rajapaksa’s ouster, last year. This alone is proof that the Sri Lankan Presidents are never short of cash. Heaps of money were reduced to ashes in some ruling party MPs’ houses which came under arson attacks, last year, according to media reports. Therefore, it defies comprehension why the MPs and former Presidents should be given pensions. This is something that the Opposition should take up if it is genuinely concerned about state funds.
Sri Lanka may be the only country where the state looks after failed leaders even in retirement. The current economic crisis is not of recent origin; the Gotabaya Rajapaksa administration only worsened it and precipitated the country’s bankruptcy. The economy deteriorated for decades under successive governments, which were characterised by waste and corruption. The blame for the country’s bankruptcy should therefore be apportioned to all Presidents, both elected and appointed, since 1978, albeit to varying degrees. Instead of being made to pay for their sins against the country, they are looked after at the expense of the public and provided with houses, vehicles and security by the state, when they leave office. They have the wherewithal to look after themselves, and public funds must not be wasted. Will the Opposition take up this issue as well?
Editorial
Babes in arms!

Friday 26th May, 2023
Our honourable MPs would have us believe that they are as innocent as unborn babies and butter wouldn’t melt in their mouths. Ali Sabry Raheem, who was nabbed by the Customs, on Tuesday, for trying to smuggle in more than 3.5 kilos of gold and 91 mobile phones, and fined Rs. 7.4 million, has sought to protest his innocence! Blaming one of his assistants for the botched smuggling attempt, he has claimed that he did not know what was inside his bags. Why should he try to insult the intelligence of the public in this manner? The people do not vote wisely, but they are not so stupid as to buy into Raheem’s claim.
MP Raheem voted against the government’s move to remove Public Utilities Commission Chairman Janaka Ratnayake, in Parliament, on Wednesday. He said he had done so because the government had not responded to his appeal for help to clear his name when he was nabbed at the BIA the previous day. But we think he has left something unsaid. No MP in the good books of government leaders is ever made to undergo Customs checks, much less taken into custody in the BIA VIP lounge, of all places.
One may recall that even senior Tigers were allowed to bring in loads and loads of undeclared goods into the country via the BIA, during the UNP-led UNF government (2001-2004) because the LTTE had struck a deal with that regime. Those terrorists who had attacked the BIA and caused massive losses to the tune of billions of rupees were even treated to BBQ dinners by the then airport manager. During the Mahinda Rajapaksa government, Mervyn of Kelaniya escorted a wanted drug lord called Kudu Lal through the BIA, and ensured that the latter emplaned to Dubai safely while the STF was looking for him.
The BIA being a place where even such dangerous criminals are given VVIP treatment thanks to the intervention of powerful politicians, a ruling party MP will never be nabbed by the Customs unless he or she has fallen out with the government. So, there is reason to believe that MP Raheem had planned to vote with the Opposition, on Wednesday; the government had got wind of it, and that is why he was left in the lurch.
MP Raheem cannot be the only politician involved in smuggling and other such illegal activities, and therefore, the need for thorough checks to be conducted on all those who use the BIA VIP lounge cannot be overstated. Entourages of government leaders are usually whisked past the Customs without any checks, we are told. This practice has to end forthwith.
There has been a severe erosion of public trust in Parliament, and the presence of lawbreakers among the MPs is one of the reasons for this sorry state of affairs. One wonders whether political parties handpick notorious characters such as smugglers, bootleggers, chain snatchers, cattle rustlers and killers to contest elections. The public votes for the lowest of the low in politics, and then takes to the streets, demanding a ‘system change’, and asking all 225 MPs to go home.
Ranil Wickremesinghe, as an Opposition MP, told the members of the current Parliament some home truths. In one of his speeches, he dwelt on anti-politics and the deterioration of parliamentary standards. In response to a call for all the MPs to be dumped into the Diyawanna lake, he jokingly said something to the effect that it would be a mistake to do so because even the waters of the Kelani Ganga would be polluted in such an eventuality.
Many a true word is said to be spoken in jest! He, as the President, is now in a position to take corrective action. There is no way the government could justify having within its ranks an MP fined for his involvement in a smuggling racket. There are many other racketeers in the incumbent regime and they, too, will have to be got rid of if public faith is to be restored in Parliament.
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