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Editorial

Bills, wiles and servility

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Friday 2nd October, 2020

The bane of this country is that most people are divided along party lines, follow their political leaders blindly and view all issues through the prisms of party politics. They think their political masters can do no wrong. One may recall that during the United Front government (1970-77) overenthusiastic SLFP backers, taking part in May Day parades, shouted that they were ready to consume gravy without chillies if Sirimavo asked them to—Sirimavo kiyanawanam miris nethuwa hodi kannam. Some others went so far as to say that they would eat bath (boiled rice) without haal (rice grains)—Sirimavo kiyanawanam haal nethuwa bath kannam. (That era was characterised by severe shortages of rice, chillies, etc.) Today, staunch SLPP supporters will say they are ready to partake of hodi without kaha (turmeric). This kind of slavish, feudal respect the masses have for political leaders have enabled the latter to act according to their whims and fancies.

UNP supporters cheered when the late J. R. Jayewardene introduced the present Constitution and boasted that the only task he was not equal to as the Executive President was making a man a woman and vice versa. (He, however, rendered all members of his government, save S. Thondaman, gender-confused by obtaining undated resignation letters from them.) Political opponents of the UNP denounced the JRJ Constitution as a threat to democracy, and among them were many of the present-day SLFP/SLPP heavyweights; they vowed to abolish the executive presidency and save democracy, but did exactly the obverse of that after winning presidential elections after 1994. At present, the UNP and its off-shoot, the SJB, want the executive presidency scrapped, and the SLFP and the SLPP are bent on strengthening it further.

The SLPP has sought to make its 20th Amendment (20A) to the Constitution attractive to the public by icing it with promises to introduce a brand-new Constitution in a few months and go for a referendum thereon if necessary. If 20A is passed in its present form, there will be absolutely no need for a new Constitution, for everything will be new about the existing Constitution thereafter; proposed amendment will eat into the vitals of the existing Constitution and make the executive presidency far more powerful than ever before. What the people need at this juncture is not a referendum or a new Constitution but assistance to dull the pangs of hunger.

Dr. Jayampathy Wickramaratne, PC, has, in an article published on this page today, highlighted the fact that there is no provision for the post-enactment judicial review of laws in Sri Lanka. True, every law is a fait accompli unless Parliament changes or scraps it with the constitutionally stipulated majorities. The best time to introduce provision for the post-enactment judicial review of legislation was in early 2015, when the yahapalana leaders were willing to do anything to be seen to be protecting democracy in view of the general election to be held a few months later, and the UPFA MPs were so scared that they were ready to do as the new government said lest they should be made to pay for their past sins. The drafters of 19A should have included that provision thereinto so that bad laws steamrollered through Parliament could be dealt with later.

However, better late than never. Pressure ought to be brought to bear on the incumbent government to incorporate into the Constitution a section to enable the judiciary to review the laws that are passed. Bad laws made under successive governments in this country are legion, and they have had a corrosive effect on the entire legal system and democracy. The one that prevents the Commission to Investigate Allegations of Bribery or Corruption from initiating investigations on its own without waiting for complaints is a case in point. The SLFP (and its former members currently in the SLPP), the JVP and the UNP are responsible for this law made under the Chandrika Kumaratunga government, in the early 1990s. (The JVP secured representation in Parliament in 1994 through the Sri Lanka Progressive Front.)

A prerequisite for protecting democracy is for the people to see through the wiles of political leaders, realise the need to fight for their rights and/or at least register their protest against the actions of the power-crazed rulers. It is heartening that young Sri Lankans are apparently doing so if their thought-provoking social media posts are anything to go by; one of them was uploaded immediately after a recent statement by President Gotabaya Rajapaksa (fondly called ‘Gotabaya Sir’ by SLPP MPs and supporters), in Badulla, that his verbal instructions took precedence over government circulars. A youth said in a Facebook post, “Circulars hereafter should become ‘Sir-culars’.” The government had better realise that resentment is welling up in some quarters.



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Editorial

Genie at large

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Tuesday 15th October, 2024

President Anura Kumara Dissanayake told the NPP candidates contesting the upcoming general election some home truths, at a meeting, over the weekend. Reminding them of the fate that had befallen the Rajapaksa regimes in 2015 and 2022, he said both President Mahinda Rajapaksa and President Gotabaya Rajapaksa had mustered two-thirds majorities in Parliament after winning general elections in 2010 and 2020, respectively, but they had become hugely unpopular soon afterwards and failed to retain power. Therefore, a government had to be concerned not only about its numerical strength but also about the quality of its MPs, he said, stressing the need to cleanse the legislature, bring about a new political culture and restore public faith in the parliamentary process. One cannot but agree with him.

President Dissanayake also exhibited a touch of schadenfreude or perverse pleasure when he spoke of the plight of the contenders he had beaten in last month’s presidential contest. He said all that they could do now was to try to form a strong Opposition. He should not be so exultant at the plight of the Opposition; in this country, a strong Opposition is always good for the political health of a government in power, paradoxical as it may sound.

Sri Lankan political leaders have earned notoriety for letting power get the better of them when they do not see the Opposition in their rearview mirrors. All governments that obtained steamroller majorities abused them to their heart’s content and ruined the country as well as their electoral prospects. The SLFP-led United Front government extended the term of Parliament by two years, in 1975, with the help of its two-thirds majority, and suffered a crushing defeat in the general election that followed. The UNP, which obtained a five-sixths majority in Parliament in 1977, debilitated democracy as never before and plunged the country into a bloodbath. The SLFP-led UPFA government under Mahinda Rajapaksa’s presidency abused its two-thirds majority in every conceivable manner from 2010 to 2015. The two-thirds majority of the Gotabaya Rajapaksa government also became a curse for the country. Hence the need for a robust Opposition to act as an effective countervailing force against any government.

There is no guarantee that the NPP leaders will not take leave of their senses, like their predecessors, in case of being able to secure a huge parliamentary majority next month. It is popularly said in this country that when one has power, one has no brains and when one has brains one has no power—’bale thiyanakota mole ne, mole thiyankota bale ne’. Some NPP heavyweights are already exuding arrogance as evident from their rhetoric and bragging.

What propelled the JVP/NPP to power was a rogue wave of anti-politics, which rose owing to the people’s distrust in traditional politics and political institutions including Parliament. A similar phenomenon occurred in 2019, when pent-up public resentment found expression in a massive protest vote which benefited the SLPP.

There is a tide in the affairs of political parties as in people’s lives; when it is taken at the flood, it leads on to fortune, as Brutus says in Shakespeare’s Julius Caesar. ‘Taking the current when it serves’ is the name of the game in politics, but it could be a risky venture, and one should not lose sight of the fact that Brutus, who utters those memorable words, runs on his own sword. Gotabaya, who took the tide at the flood in 2019 had to hightail it to escape from a fearsome mob in close pursuit. As for the NPP, only its National List nominee Sugath Thilakaratne may be safe in case of an uprising, for he is a former champion runner.

The JVP/NPP let the genie of anti-politics out of the bottle in 2022, when it hijacked a people’s protest campaign and tried to march on Parliament. The police and the military succeeded in holding mobs at bay, and saving democracy. President Ranil Wickremesinghe managed to keep the situation under control thereafter although his modus operandi attracted much criticism. The genie is still at large. This is a cause for serious concern.

When the Gotabaya government failed, there was a formidable democratic alternative, and the country therefore did not descend into anarchy. Today, the mainstream Opposition is in disarray. If the JVP/NPP administration fails to fulfil its pledges, undertakes disastrous experiments on the economic front and makes the economy nosedive, causing unbearable hardships to the public, it will be hoist with its own petard; it will become a victim of the very forces it unleashed to capture state power.

If another popular uprising ever occurs—absit omen—it will be far worse than the first one, like the second wave of the Boxing Day tsunami. Would there be a democratic alternative to the NPP in such an eventuality?

Sri Lankan democracy has rocked and swayed on numerous occasions but retained its balance like a Logan Stone. However, whether it will be able to absorb the shock of another uprising is the question. There is a pressing need for the Sri Lankan political leaders as well as the public to act responsibly, learning from the experience of the countries such Pakistan and Bangladesh, where anti-political movements led to interruptions in the civilian rule.

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Editorial

Wijeweera forgotten?

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Monday 14th October, 2024

The Ministry of Public Security has reportedly asked the police to pull their socks up. It has instructed Acting IGP Priyantha Weerasooriya to expedite some high-profile investigations that have been dragging on for years. Specific mention has been made of the delayed probes into the Easter Sunday terror attacks (2019), the Treasury bond scams (2015), the murder of journalist Dharmaratnam Sivaram or Taraki, which was his nom de plume coined by The Island (April 2005), the disappearance of Lalith Kumar Weeraraj and Kugan Muruganathan in Jaffna (2011), the killing of a police constable in Weligama (2023), the death of businessman Dinesh Schaffter (2022), and the disappearance of former Eastern University Vice Chancellor Prof. S. Raveendranath (2006).

The Public Security Ministry’s order that the aforesaid probes be sped up is a step in the right direction although there are many other unsolved crimes in this country. Those who murdered Sunday Leader editor Lasantha Wickrematunge and famous rugby player Wassim Thajudeen have not been made to pay for their crimes. It is hoped that the CID, which is known for its selective efficiency, will get cracking. Better late than never.

Investigations into the aforementioned crimes would perhaps have been in abeyance indefinitely but for last month’s regime change. Public Security Minister Vijitha Herath and President Anura Kumara Dissanayake deserve praise for their intervention, which will hopefully jolt the police into action. However, we are afraid that they have been remiss in their duties; they should have ordered a high-level probe into the execution of JVP founder Rohana Wijeweera while he was in custody in 1989.

The JVP commemorates its slain leader on 13 November. His death anniversary will fall on the eve of the next general election (14 Nov.), which the JVP-led NPP is in overdrive to win in a bid to consolidate its victory in the presidential race. The JVP may not be able to hold its annual ‘November Heroes’ commemoration during the mandatory ‘quiet period’ prior to the upcoming general election. But the NPP, which is the JVP in all but name, can order an investigation into Wijeweera’s execution and ensure that it will be conducted to a conclusion expeditiously.

The Frontline Socialist Party (FSP), a JVP off-shoot, has revealed the identity of the army officer who shot Wijeweera and had him burnt while he was still alive. Having named the killer, the FSP claimed that he was backing the NPP, which vehemently denied the allegation. The JVP however has not disputed the FSP’s assertion that the officer concerned is Wijeweera’s killer.

Thus, it will not be difficult for the JVP to bring the killer of its beloved leader to justice, and trace others who were complicit in his execution. Similarly, the JVP, which is now in power, is duty to bound to order investigations into the torture chambers where thousands of its cadres and other youth were brutally murdered in the late 1980s. While it was in the Opposition, the JVP demanded probes into the Batalanda torture chamber, the K-Point in Matara, etc.

There are survivors of torture, and one of them, Rohitha Munasinghe, has authored a book, Eliyakanda Torture Camp: K-Point, which sheds lurid light on how suspects were made to go through hell before being executed. (A review of this book appeared in The Island, under the title, ‘Ghosts of Eliyakanda’ on 17 Nov., 2017.) Munasinghe has revealed the names of some of the torturers.

In Nov., 2017, JVP heavyweight Lal Kantha called for an investigation into a spate of savage attacks on protests against the Indo-Lanka Accord and the execution of JVP leader Wijeweera in the late 1980s. Why this call has not been renewed is the question.

Wijeweera’s prophetic words that one day a JVP member would rule Sri Lanka have gone viral on social media. At the time of his tragic end, the JVP leader must have wished that his party would not let his killers go unpunished.

Maybe the JVP does not want to open a can of worms by ordering probes into brutal counterterror operations in the late 1980s, but it can order a thorough investigation into its founder’s execution. Unless it does so, it will have a hard time trying to convince the public that it is serious about having justice served for others.

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Editorial

Bowing out

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The fact that many politicians who have overstayed their welcome on the national scene will not be running for parliament at the November election was reported even before nominations closed at noon on Friday as this comment is being written. Obviously that was certainly not due to any altruism on their part. The results of the Sept. 21 presidential election made that crystal clear. For example, if Namal Rajapaksa’s pathetic tally island-wide at the presidential contest is duplicated by the pohottuwa at the forthcoming contest, he would barely be able to qualify for a national list seat. No wonder then why he has chosen a national list option when the alternative will be rejection by the voters even in the Rajapaksa’s Hambantota stronghold. Many other senior parliamentarians also saw the writing on the wall and are retiring on comfortable pensions by courtesy of the taxpayer. Others have taken refuge in national lists.

There is no escaping the reality that the NPP/JVP shook-up the country’s electoral scene like never before, opening the door for many new faces to enter the legislature. Who they will be, particularly in the malimawa side, will only become clear after nominations close. The AKD party has gone public on its target of winning a two thirds majority while Premadasa is aiming for a parliamentary majority and the prime ministry either in alliance or on his own. We have consistently argued in this space that tyrannies of absolute majorities are not good for ther. Mrs. Bandaranaike, with the two thirds majority of her old left-backed United Front in 1970 extended the life of that parliament by two years. JR Jayewardene, with his five sixths majority seven years later, “rolled up the electoral map” as he famously proclaimed, for one full parliamentary term.

History demonstrates that the powerful presidency held by one side and legislative power by another is inimical to political stability. This was clearly demonstrated in 2004 when CBK as president got rid of a Ranil Wickremesinghe government and dissolved parliament. In an interview at a critical juncture in Sri Lanka’s history, when the country was sliding into war, former President Chandrika Bandaranaike Kumaratunga said that she made a big mistake by sacking the pro-peace United National Party (UNP) government led by Prime Minister Ranil Wickremesinghe in 2004. “It was wrong,” Kumaratunga told the editor of Sunday Leader Lasantha Wickrematunge “It was the JVP and those in my party who were keen to win the elections and take office who pushed me to dissolve (parliament),” she said.

Whether the NPP/JVP, capitalizing on the presidential election, can win comfortably on Nov. 14 will only be clear after the results are declared. But it will indubitably put up a strong performance as it did in September as it can attract those who did not vote last time round and others won over since the AKD victory. Also, groups that backed Premadasa and RW for the presidency are paddling their own canoes this time round and that will benefit the NPP/JVP ticket.

The many defections we saw in the run up to the presidential election had very little to do with the candidates running for office. It was all a matter of defectors placing themselves in what they hoped was the right side for the expected parliamentary elections now called. The NPP/JVP turned down those who knocked at their door – AKD went on record saying there were some of these though he named no names – so they had to seek refuge in either the SJB or the gas cylinder coalition RW cobbled together to run as an independent at the presidential election. He finished a poor third the and the pohottuwa was left with a pitiful rump of a once formidable majority. Most mainstream parties had appointed parliamentary aspirants as organizers for different electorates long before the last parliament was dissolved and elbowing them out to make room for newcomers was obviously no easy task as Patali Champika Ranawaka has found to his cost.

Former President Mahinda Rajapaksa’s decision not to run this time was widely expected. He has looked very frail in recent television appearances and it is clear that he is not in the best of health. He would undoubtedly campaign to the best of his ability for the SLPP and his son although he is ending a very long political career where he scaled the highest peaks. The announcement that Daham Sirisena, son of former President Maithripala Sirisena, was running under the banner of Dilith Jayaweera’s Mawbima Janatha Party was a clear signal that the former president intended bowing out of the parliamentary race. Many will be happy to see the last of him. Despite attaining the presidency, he chose to return to parliament under Rajapaksa colours after defeating Mahinda Rajapaksa in an acrimonious election in 2015. Questions on whether he will continue attempts to regain control of the SLFP have also emerged. The results of this election will influence that. While it was obvious RW would not run after his defeat last month, his party’s statement significantly said he did not expect to enter parliament through the national list. But that was exactly what he did in June 2021, ten months after August 2020. The rest of course is history.

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