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Closer scrutiny of criticisms against 20A

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by C.A.Chandraprema

Over the past several days, we have been hearing various criticisms of the 20A by members of the opposition as well as from pro-government quarters. Some members of the government audit service too came out against certain provisions in the 20A. Are these criticisms valid or are we missing something? If we grade the criticisms that have got the most amount of media coverage from the most serious to the irrelevant, the most serious allegation relates to the issues concerning the Auditor General and the Audit Service Commission.

The decision of the government to abolish the Audit Service Commission and to make changes in the 19th Amendment provisions relating to the Auditor General are being portrayed as preparations for grand larceny on a hitherto unprecedented scale by the new Rajapaksa government. This is due to a misconception about the role of the Audit Service Commission. Many people are obviously under the impression that the Audit Service Commission is similar to the Elections Commission that the 19A created.

 We all know that the Elections Commission is the body that’s responsible for holding elections and after an election, all three members of the Elections Commission sign the Gazette announcing the names of those who have won seats. The Audit Service Commission that the 19A created was not a body like that. It’s not an Audit Commission but an Audit ‘Service’ Commission.  According to Article 153C(1) of the Constitution introduced by the 19A, the sole purpose of the Audit Service Commission is to preside over the appointment, promotion, transfer, disciplinary control and dismissal of the members belonging to the Sri Lanka State Audit Service. The only other task it has been assigned is to prepare the annual estimates of the National Audit Office, but you don’t need an Audit Service Commission for that.

 In other words, the Audit Service Commission was created simply to duplicate the work already being done by the Public Service Commission. The question that has to be asked is, why have a clone of the Public Service Commission just to cater to the rather limited number of employees in the government audit service? Furthermore, if the Auditor General’s subordinates come under a specially created Audit Service Commission, shouldn’t the subordinates of the Attorney General also come under an AG’s Dept. Service Commission? If taken to its logical conclusion, there will be as many ‘service commissions’ as there are divisions of the government service. The decision to abolish the Audit Service Commission is therefore obviously a housekeeping measure so as not to needlessly duplicate work already being done by other bodies such as the Public Service Commission.

 

Powers of the Auditor General

 

Changes have also been proposed to the provisions relating to the Auditor General. Under the 19th Amendment, the provisions relating to the powers of the Auditor General reads as follows:

 “154(1)The Auditor-General shall audit all departments of the Government, the  Office of the Secretary to the President, the Office of the Secretary to the Prime Minister, the Offices of the Cabinet of Ministers, the Judicial Services Commission, the Constitutional Council, the Commissions referred to in the Schedule to Article 41B, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament, local authorities, public corporations, business and other undertakings vested in the Government under any written law and companies registered or deemed to be registered under the Companies Act, No. 7 of 2007 in which the Government or a public corporation or local authority holds fifty per centum or more of the shares of that company including the accounts thereof.”

 Under the proposed 20A, the above provision is to be replaced with the following:

 “154(1) The Auditor-General shall audit the accounts of all departments of Government, the Offices of the Cabinet of Ministers, the Judicial Service Commission, the Public Service Commission, the Provincial Public Service Commissions, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament and the Commissioner of Elections, local authorities, public corporations and business or other undertakings vested in the Government under any written law.”

 We see that under the changes contemplated by the 20A, references to the Office of the Secretary to the President, the Office of the Secretary to the Prime Minister is being taken out of Article 154(1). We also see that companies in which the government owns more than 50% of the shares has also been taken out of Article 154(1) by the 20A Bill. These changes are being portrayed as moves by the President and Prime Minister to create an environment conducive to engaging in grand larceny with complete impunity. The removal of the reference to companies in which the government owns more than 50% of the shares in the 20A is also being portrayed as a situation where all these companies will be placed outside the ambit of the Auditor General. But is that true? It has to be understood that all that the 20A seeks to do with regard to Article 154(1) which deals with the powers of the Auditor General is to restore the status quo ante before the 19th Amendment was enacted – nothing more. Before the 19th Amendment was enacted, the old Article 154(1) was identical to that which is now being proposed in the 20A.

 Does this mean that before the 19th Amendment was enacted, the Offices of the President and Prime Minister and companies in which the state owned more than 50% of the shares, were exempt from the scrutiny of the Auditor General? To make any such assertion would be to be unfair to President J.R.Jayewardene and the UNP which promulgated the 1978 Constitution. The President’s Office and the Prime Minister’s Office were ALWAYS under the purview of the Auditor General under the 1978 Constitution. The reference to “all departments of Government” in the pre-19th Amendment Article 154(1) includes the Offices of the President and Prime Minister. Any pre-19th Amendment version of the Government Financial Regulations will bear this out. This writer is in possession of an old 1992 copy of the government Financial Regulations in which Appendix 10  on pages 411-43 lists the Presidential Secretariat under ‘A Class’ government departments and the Prime Minister’s Office and the Cabinet Office under ‘B Class’ departments. The Office of Former Presidents is also categorized as a ‘B Class’ government department.

 So all these bodies were always under the purview of the Auditor General. This writer can distinctly recall that there were exchanges between members of the opposition and the government regarding the Auditor General’s reports on the President’s Fund during the previous Rajapaksa government long before the 19th Amendment was enacted. All that the 19th Amendment did was to specify the inclusion of the Offices of the President and Prime Minister under Article 154(1) in a situation where they already came under that provision anyway. This a bit like the 19th Amendment repealing Article 42 of JRJ’s 1978 Constitution, and re-enacting it as Article 33A without changing a single word or comma and then claiming that it was the yahapalana government that made the President responsible to Parliament!

 The actual fact was that from the time the 1978 Constitution was first promulgated, the President had always been responsible to Parliament under old Article 42! (It may be stated as an aside that the 20A has sought to undo this piece of chicanery by repealing Article 33A and restoring JRJ’s old Article 42 to its rightful place.) If the yahapalanites fraudulently sought to claim credit for making the President responsible to Parliament by engaging in such blatant manipulation, it’s only to be expected that they would try to do the same when it comes to the changes made to Article 154(1).

 

Government owned companies

 Another criticism being made is that while the 19th Amendment brought companies in which the government owns more than 50% of the shares within the ambit of the Auditor General, the 20A seeks to abolish that provision. To be sure, the 19th Amendment has included under Article 154(1) “business and other undertakings vested in the Government in which the Government or a public corporation or local authority holds fifty per centum or more of the shares”. The 20A replaces this with the more general phrase “business and other undertakings vested in the Government”. Some members of the government audit service even went to see the Ven. Mahanayake Theras and complained that all the companies in which the government owns more than 50% of the shares were to be taken out of the ambit of the Auditor General. That too is a false assertion. Companies in which the government owns more than 50% of the shares refers to business undertakings like Lake House and Lanka Mineral Sands Ltd. The Auditor General did audit the accounts of such companies even in the pre-19th Amendment era.

 However both before and after the 19th Amendment, it was not mandatory for any business undertaking in which the government held shares over 50% to use the services of the Auditor General. Article 154 (2) of the Constitution as introduced by the 19th Amendment reads as follows:

 “154 (2) Notwithstanding the provisions of paragraph (1) of this Article, the Minister in charge of any such public corporation, business or other undertaking or a company referred to in paragraph (1) may, with the concurrence of the Minister in charge of the subject of Finance and in consultation with the Auditor-General, appoint a qualified auditor or auditors to audit the accounts of such public corporation, business or other undertaking or a company referred to in paragraph (1). Where such appointment has been made by the Minister, the Auditor General may, in writing, inform such auditor or auditors that he proposes to utilize his or their services for the performance and discharge of the Auditor-General’s duties and functions in relation to such public corporation, business or other undertaking or a company referred to in paragraph (1) and thereupon such auditor or auditors shall act under the direction and control of the Auditor-General.”

 Before the 19th Amendment, the old Article 154(2) read as follows:

 “154 (2) Notwithstanding the provisions of paragraph (1) of this Article, the Minister in charge of any such public corporation or business or other undertaking may, with the concurrence of the Minister in charge of the subject of Finance, and in consultation with the Auditor-General, appoint a qualified auditor or auditors to audit the accounts of such public corporation or business or other undertaking. Where such appointment has been made by the Minister, the Auditor-General may, in writing, inform such auditor or auditors that he proposes to utilize his or their services for the performance and discharge of the Auditor-General’s duties and functions in relation to such public corporation, business or other undertaking and thereupon such auditor or auditors shall act under the direction and control of the Auditor-General.”

 Readers will note that the content of the two provisions are identical. Both before and after the 19th Amendment, the Minister in charge of the subject may appoint an audit firm to audit the accounts of a government owned company. In doing so, he is required to obtain the concurrence of the Minister of finance, and to consult the Auditor General. After an audit company has been appointed to audit the accounts of a mostly government owned company, the Auditor General can write to that audit company and make them perform their duties under the direction of the Auditor General. Nothing has changed in this regard before and after the 19th Amendment. So if anyone claims that the 20th Amendment seeks to take companies in which the government owns more than 50% of the shares out of the ambit of the Auditor General, that’s a complete falsehood.  

 

Urgent Bills and dual citizenship

 

One of the changes made by the 19th Amendment was to amend Article 78 so that the time that had to lapse between Gazetting a Bill and presenting it to Parliament was increased from seven days to fourteen days. The 19A also repealed Article 122 which made provision for urgent Bills. Under the provisions of old Article 122, if the Cabinet certifies a Bill as being urgent in the national interest, the provision that a certain number of days has to lapse between the time a Bill is gazetted and presented in Parliament will have no application. The provision of Article 121 which enabled citizens to challenge the constitutionality of a Bill within one week of it being placed on the order paper of Parliament also ceased to apply. When Article 122 was invoked in the case of urgent Bills, the President could write to the Chief Justice requesting him to issue a special determination on the constitutionality of that Bill and the Supreme Court had to make their determination within 24 hours or a period not exceeding three days, as specified by the President.

 The 20A proposes to revive the provision for urgent Bills by re-enacting the old Article 122. The 20A also proposes to amend Article 78 so as to shorten the time between the gazetting of a Bill and its introduction in Parliament from fourteen days to seven days as it was in the pre-19th Amendment days. The proposed reintroduction of this provision for urgent Bills by the 20A has also run into much criticism. According to this writer’s recollection, nobody had any real issue with the provision for urgent Bills in Article 122 until for more than three decades until the 18th Amendment to the Constitution was brought forward as an urgent Bill in 2010. The NGO lobby which seeks to hit out at the government with everything they can lay their hands on, raised a hue and cry about the 18th Amendment being introduced as an urgent Bill. However in actual fact, even if the 18th Amendment had been introduced as an ordinary Bill, and gazetted seven days before it was presented in Parliament, as per the provisions of Article 78, the end result would be the same. 

 Even urgent Bills have to go before the Supreme Court. If there was anything unconstitutional in the 18th Amendment, it would have been shot down by the SC. If it was not shot down by the SC, then it was going to be passed anyway because the 2010 government had a steamroller majority in Parliament. The fact that it was brought as an urgent Bill had little or no impact on how things finally turned out. Yet the provision for urgent Bills itself became a target of those opposed to the Rajapaksas. As a matter of principle, every country should be able to introduce urgent legislation when the need arises. This is a necessary safeguard and a fallback position. The antipathy to the provision for urgent Bills stemmed from the fact that it was used to bring in a constitutional amendment. However the proposed Article 122 in the 20A has taken this into consideration and introduced a totally new clause 122(3) which states that the provisions relating to urgent Bills will not apply to any Bill for the amendment of the Constitution. If the 20A is passed into law, the provision for urgent Bills cannot be used to bring in constitutional amendments.

 The 20A also seeks to repeal Article 91(1)(d)(xiii) by which the 19th Amendment added dual citizenship to the list of disqualifications for election to Parliament. Nobody in this country had any issue with dual citizens contesting elections. This became an issue only because the yahapalana government wanted to remove Gotabaya and Basil Rajapaksa from politics. To countenance this will mean wholesale surrender to yahapalana thinking. The yahapalana side is trying to pass off one of the most egregious outrages they committed as a virtue. We have heard some people citing the instance of Arjuna Mahendran to justify the ban on dual citizens contesting elections. However, Mahendran was not a dual citizen. He was a Singaporean not holding any kind of Sri Lankan citizenship. 



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Politics

The British will not learn English, let’s not kid ourselves

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The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come. In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

by Malinda Seneviratne

The United Kingdom, it is reported, has rejected Sri Lanka’s request for the disclosure of wartime dispatches from its High Commission in Colombo. Sri Lanka had made the request during the 46th Session of the United Nations Human Rights Council (UNHRC) in Geneva a few weeks ago.

The dispatches from the then British Defence Advisor, Lt Col Anthony Gash were never referred to in any of the many ‘studies’ on Sri Lanka’s bloody struggle against terrorism. Indeed no one would have known of them or what they contained if not for Lord Naseby invoking the UK’s right to information laws to obtain them.

Gash’s dispatches clearly prove that there were no war crimes committed by Sri Lankan security forces, certainly not the kind that the terrorist lobby (strangely or perhaps not so strangely bed-fellowing with rogue states such as the UK and USA) and indeed these bed-fellows claim have been perpetrated.

British authorities pretended for years that there was no such information available. Now they can’t deny these dispatches exist. And therefore they’ve come up with an interesting disclaimer. The UK now faults Gash for not obtaining independent confirmation of reports he had sent to the Foreign and Commonwealth Office (FCO). Key word: ‘now.’ This was NOT the position originally taken by the FCO.

Alright, let’s take the CURRENT position at face value. Couldn’t the UK table the dispatches in all relevant forums with such caveats/disclaimers? That’s just one issue. There’s another. Yes, the business of ‘independent confirmation.’ What’s independent and what’s confirmation?

The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come.

In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

It seems to me that the authorities in the UK don’t know whether they are coming or going. Well, maybe they do know that they are severely challenged in logic, in intellect, in moral standing etc., but believe that the world someone does not notice. A third possibility: they just don’t care.

The United Kingdom, with respect to the UNHRC resolution and all matters relevant to it, then, hasn’t exactly covered herself in glory, but what of that considering that shamelessness is the blood-stained batch on its coat of arms, so to speak?

Let’s humor them, though. There’s a lady called Sarah Hulton. Let’s assume she knows English. Let’s assume she has some skills in language comprehension. Let’s not assume she values truth, justice and being honorable for we shouldn’t kid ourselves too much. Nevertheless, we can ask some questions.What’s the value of hearsay? Do we discard ‘word’ and if so which words? If we pick some words and junk others, what criteria should we employ? The Darusman Report, for example, is ALL ABOUT HEARSAY. We have to assume that until we know who said what, for only then can we talk of reliability of source.

We have reports that toss out random numbers without a shred of substantiation. Is that OK, Ms Hulton? If Gash is unreliable, how can any report based on some other report that is based on hearsay be okay?

Let’s not kid ourselves. This is not about truth and reconciliation. The United Kingdom values lie over truth, injustice over justice, violation of all basic tenets of humanity over their protection, theft over property rights, plunder over protection. The British are yet to reconcile themselves regarding the many crimes against humanity they have perpetrated or, at least, benefited from. Seeking justice and truth from such people is silly. Seeking honor from the dishonorable is silly.

And yet, in Geneva and in other places where bucks and bombs count more than truth and justice, countries like the United Kingdom will prevail. For now. For now, we must add, for we know that nothing is permanent. For now, the reports of idiots and/or the politically compromised will be valued over those of impartial, dispassionate individuals such as Gash.

Let’s get this right. The British are not just bullies. They are cowards. Intellect is not their strong point or even if they are sophomoric at best, they are bullish enough to push aside the truth. It’s about ‘by any means necessary’ but obviously not in an emancipatory sense of that phrase, as used by Malcolm X. So when they talk of truth and justice, reconciliation and peace and other such lovely things, let’s keep in mind that it’s all balderdash. When they talk of ‘victims’ it is nonsense because without ‘wrongdoing’ that’s established, there can be no ‘victims’. Mr Hulton is not sleeping ladies and gentlemen. The United Kingdom is not sleeping. The Foreign and Commenwealth Office in that country is not sleeping. They are pretend-sleepers. They cannot be woken up.

One is reminded of a song from ‘My fair lady,’ the musical based on George Bernard Shaw’s ‘Pygmalion’. Why can’t the English teach their children how to speak? That’s the title of the song. When the English learn English — now that would be the day! Right now they speak some garbled language devoid of any logic or reason. It works for them.

Colonial-speak is a possible name for that language. It is an excellent communications device in all things antithetical to the high ideals, the furtherance of which was the reason for the establishment of the UNHRC. Indeed that has become the lingua franca of Geneva. The British know this French, pardon the irony! Ms Hulton knows it, as do her bosses in London as did their ancestors whose crimes against humanity are left out from the history books.

We are not talking of the past though. It’s the present. It’s ugly. As ugly as the past, only it’s come wearing other clothes. Nice ones. Not everyone is fooled though.

malindasenevi@gmail.com. www.malindawords.blogspot.com.

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views.]

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Conversation with Lee Kuan Yew at Anuradhapura

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One day President JRJ telephoned me from Nuwara Eliya. He was wont to occasionally telephone me direct in the past. He informed me that PM Lee Kuan Yew would be arriving in Anuradhapura two days later, with Minister Gamini Dissanayake in attendance. I was to give the PM of Singapore the ancient city treatment for 40 minutes, and to remember to show him where Fa Hien the Chinese pilgrim cried, during his sojourn at the Abhayagiri monastery.

So I arrived at the appointed meeting place, the Tissawewa rest house where the Singapore PM and his party were having refreshments. I saw Murthy of the Overseas Service, who told me that I was expected, and that both the Singaporean PM and his wife were “top lawyers” who were educated at Cambridge. I was to expect searching questions. 

I went upstairs to see a long table replete with refreshments, Lee Kuan Yew seated at the centre and Gamini D. standing by. I addressed him in Sinhalese, identified myself as Raja de Silva and said that I had come to guide the visitors around Auradhapura. At this point the following conversation took place:

Minister Gamini to Lee Kuan Yew: This is Raja de Silva of the Archaeological Department who will be acting as our guide.  

LKY to RHdeS:

Are you in charge of this station?

RHdeS:

It comes under my archaeological control, Sir.  

LKY:

Are you in charge of this district? 

RHdeS:

The district comes under my archaeological control, Sir. 

LKY:

Are you in charge of this Province?

RHdeS :

This Province and the whole country comes under my archaeological control, Sir. 

LKY (looking satisfied):

Where did you learn your stuff?

RHdeS:

In an old university in England.

LKY:

Where was that?

RHdeS:

In Oxford, Sir. 

LKY:

Whatever reason did you go there for? 

RHdeS:

Sir, for the same reason you went to Cambridge. 

LKY (all smiles, turning to his wife):

Did you hear that? He has gone to Oxford. 

From then on the PM of Singapore spent much time at certain spots and my 40 minute time limit was ignored. At one point in the Abhayagiri area, at the splendid remains of an image house, the following dialogue took place. 

RHdeS:

It was here that Fa Hien,  the Chinese pilgrim, saw a donatory. Chinese silk flag and his eyes were brimful of tears. 

LKY:

Your President told me about that. 

It was altogether an enjoyable outing. 

 

Raja de Silva

Retired Commissioner of Archaeology

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The New Old Left turns 50

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by Malinda Seneviratne

Revolutionaries, self-styled or otherwise, are hard to imagine as old people, the exception of course being Fidel Castro. Castro grew old with a Cuban Revolution that has demonstrated surprising resilience. Che Guevara was effectively stilled, literally and metaphorically when he was just 39, ensuring iconic longevity — and the wild haired image with a star pinned on a beret is a symbol of resistance and, as is often the case, used to endorse and inspire things and processes that would have horrified the man.

Daniel Ortega at 75 was a revolutionary leader who reinvented himself a few decades after the Sandinistas’ exit was effectively orchestrated by the USA in April 1990. He’s changed and so has the Sandinistas. Revolutionary is not an appropriate descriptive for either.

Rohana Wijeweera is seen as a rebel by some, naturally those who are associated with the party he led for 25 years, the Janatha Vimukthi Peramuna (People’s Liberation Front), widely referred to by its Sinhala acronym, JVP. He led two insurrections and was incarcerated alive on November 13, 1989 in the Borella Cemetery during the UNP regime that held stewardship during the bloodiest period in post-Independence Sri Lanka.

If he was alive today, he would be almost 78-years old. Imagination following the ‘ifs’ probably will not inspire comparison with Castro or Che. Not even Ortega, for the Nicaraguan actually helped overthrow a despotic regime and, as mentioned, succeeded in recapturing power, this time through an election.

Wijeweera did contest elections, but he is not remembered as a democrat. Neither he nor his party showed any success at elections during his leadership. In any event, as the leaders of what was called the ‘Old Left’ as well as people who are seen as ‘Left Intellectuals’ have pointed out, the 1971 insurrection was an adventure against a newly elected government whose policy prerogatives were antithetical to the world’s ‘Right.’ As such, although the JVP had the color and the word right, moment and act squarely placed it as a tool of the capitalist camp, it can be argued.

As for the second insurrection, the JVP targeted leaders and members of trade unions and political parties who, although they may have lost left credentials or rather revolutionary credentials, were by no means in the political right. That such individuals and groups, in the face of the JVP onslaught, ended up fighting alongside the ‘right’ is a different matter.

Anyway, this Sunday marks the 50th anniversary of the first insurrection launched by the Wijeweera-led JVP. Of course that ‘moment’ was preceded by preparation and planning that was good enough to catch the United Front government led by the SLFP by surprise, but the entire adventure needs to be examined by the longer history that came before.

Wijeweera belonged to what was called the Peking Wing of the Communist Party, formed after the USSR and China parted political/ideological ways. When Wijeweera broke away from the Peking Wing he was barely out of his teens. What he and others dubbed as the ‘Old Left’ were at the time seen as having lost much of its previous revolutionary zeal. Entering into pacts with the ‘centrist’ SLFP gave credence to this perception. There was, then, a palpable void in the left half of the political spectrum. Wijeweera and the JVP sought to fill it.

It’s easy to play referee after the fact. April 4, 1971 was inauspicious one could argue. The entire strategy of capturing police stations, kidnapping/assassinating the Prime Minister, securing control of the state radio station etc., describe a coup-attempt rather than a revolution. There was no mass movement to speak of. There wasn’t even anti-government sentiment of any significance.

Nevertheless, it was an important moment. As Prof Gamini Samaranayake in his book on the JVP pointed out, the adventure revealed important things: a) the state was weak or rather the security apparatus of the state was weak, and b) armed struggle was now an option for those who aspired to political power. Indeed these two ‘revelations’ may have given some ideas to those Tamil ‘nationalists’ who would end up launching an armed struggle against the state and would so believe that victory was possible that they would try their luck for 30 long years!

Had April 4 not happened, would we have ever had an armed insurrection? If we did, would it have been different from April 1971 and 1988/89? That’s for those who enjoy speculation. Maybe some creative individual with an interest in politics and thinks of producing fiction based on alternative realities might try his/her hand at it. It would probably make entertaining reading.

The April 4 adventure ended in an inglorious defeat. Wijeweera himself was captured or, as some might claim, planned to be captured (a better option than being killed, as hundreds of his followers were). The captors did not know who he was until he himself confessed. He spilled the beans, so to speak, without being urged to do so.

The JVP, thereafter, abandoned the infantile strategy adopted in April 1971. The party dabbled in electoral politics for a while after J.R. Jayewardene’s UNP offered a general pardon that set Wijeweera free. Wijeweera and the JVP would focus mostly on attacking the SLFP thereafter. Others who were arrested opted go their individual ways. Some went back to books and ended up as academics (Jayadeva Uyangoda or ‘Oo Mahaththaya’, Gamini Keerawella and Gamini Samaranayake for example).

Others took up journalism (Victor Ivan alias Podi Athula and Sunanda Deshapriya). A few joined mainstream political parties (e.g. Loku Athula). Many would end up in the NGO sector (Wasantha Dissanayake, Patrick Fernando and Sarath Fernando). Their political trajectories, then, have been varied.

The JVP is still around. For the record, the ‘Old Left’ is still around too, although not as visible as the JVP. We still have the CP (Moscow Wing) and LSSP, as well as their off-shoots. Individuals who wished to be politically active, either joined the SLFP or the UNP or else were politically associated with such parties, even if they didn’t actually contest elections.

The JVP still talks of Wijeweera but this has been infrequent. It’s nothing more than tokenism, even then. The party has politically aligned itself with the SLFP and the UNP at different times and as of now seems to have been captured by the gravitational forces of the latter to a point that it cannot extricate itself or rather, finds itself in a situation where extrication allows for political crumbs and nothing more. The Marxist rhetoric is gone. Red has been replaced by pink. There’s no talk of revolution.

The high point in the post-Wijeweera era was returning some 40 members to parliament at the 2004 elections in a coalition with the SLFP. However, the decision to leave the coalition (UPFA) seems to have been the beginning of a serious decline in political fortunes. It demonstrated, one can argue, the important role that Wimal Weerawansa played in the party’s resurgence after the annihilation of the late eighties. In more recent times, the party suffered a more serious split which had a significant impact on its revolutionary credentials. The party’s radicals broke ranks and formed the Frontline Socialist Party, led by Kumar Gunaratnam, younger brother of the much-loved student leader Ranjithan (captured, tortured and assassinated sometime in late 1989).

The JVP, led by Anura Kumara Dissanayake, has done better than the FSP in elections thereafter, but the split also saw the former losing considerable ground in the universities, the traditional homelands of recruitment if you will. The spark went out as well. There’s palpable blandness in the affairs of the party. At the last general election the JVP could secure just 3% of the vote.

The JVP is old. Too old to call itself the ‘New Left’ (by comparing itself with the LSSP and CP). The FSP is ‘new’ but it poses as the ‘real JVP’ and as such is as old. There’s nothing fresh in their politics or the ideological positions they’ve taken. In fact one might even argue that now there’s no left in the country. It doesn’t mean everyone is in the right either. There’s ideological confusion or, as some might argue, ideology is no longer a factor in Sri Lankan politics. It’s just about power for the sake of power. That’s not new either, but in the past ideological pretension was apparent whereas now politics is more or less ideology-free. Of course this means that a largely exploitative system and those in advantageous positions within it are the default beneficiaries.

Can the JVP reinvent itself? I would say, unlikely. There’s a name. It’s a brand. It’s off-color. It is politically resolved to align with this or that party as dictated by the personal/political needs of the party’s leadership. Wijeweera’s son Uvindu is planning to jump-start the party with a new political formation, but adding ‘Nava’ (new) doesn’t make for the shaving off of decades. Neither does it erase history. Its potential though remains to be assessed. Maybe a decade or two from now.

So, after 50 years, are we to say ‘we had our first taste of revolution or rather pretend-revolution and that’s it’? The future can unfold in many ways. A half a century is nothing in the history of the world. It’s still nothing in the history of humankind. Systems collapse. Individuals and parties seemingly indestructible, self-destruct or are shoved aside by forces they unwittingly unleash or in accordance with the evolution of all relevant political, economic, social, cultural and ecological factors.
People make their history, but not always in the circumstances of their choice. The JVP is part of history. They were in part creatures of circumstances and in part they altered circumstances. Left a mark but not exactly something that makes for heroic ballads. Time has passed. Economic factors have changed. Politics is different. This is a different century and a different country from ‘Ceylon’ and the JVP of 1971.

The JVP is not a Marxist party and some may argue it never was, but Marx would say that a penchant for drawing inspiration from the past is not the way to go. One tends to borrow slogan and not substance that way. April 4, 1971. It came to pass. It was followed by April 5. The year was followed by 1972. Forty nine years have passed. A lot of water has flowed under the political bridge. Good to talk about on anniversary days so to speak. That’s about it though.

malindasenevi@gmail.com. www.malindawords.blogspot.com

 

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views.]

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