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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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A brave new world

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By Uditha Devapriya

Divided from the Indian subcontinent, yet also deeply connected to it, Sri Lanka has never had an opportunity of forging and shaping a foreign policy of its own. The high point of its foreign relations, under the three Bandaranaike administrations over a period of 20 years, did signal an effort, and a sincere one, towards this end. Yet with the election of a staunchly pro-Western government in 1977, the emphasis on non-alignment that had been a hallmark of the island’s foreign policy ruptured, never to be regained or restored.

Of course, commentators would contend that Sri Lanka need not be non-aligned. They would also point out that non-alignment, in itself, doesn’t preclude making choices and siding with friends. The fact that the country lead the Non-Aligned Movement, at its peak years in the 1960s and 1970s, did not prevent it from privileging one set of interests over another: this is why, and how, while forging a close relationship with the Indira Gandhi administration, the United Front regime (1970-1977) was able to balance its ties with Pakistan vis-à-vis the 1971 War in Bangladesh and the West vis-à-vis the Soviet Union.

In actual fact, the former colonies of Asia and Africa did not, in the wake of decolonisation, explicitly ally themselves with either side of the Cold War. Ideologically many if not most of them adhered to a socialist economic system, or something that could pass for one. But this didn’t always mean they bandwagoned with the socialist bloc, or, conversely, alienated the Western front. Gamal Abdel Nasser’s attempts at obtaining American funding for the Aswan Dam, and Sirimavo Bandaranaike’s ability to enlist Western aid against the 1971 insurgency, showed that the indigenous elites in these ex-colonies did not [always] identify their foreign relations with one side of the Cold War to the exclusion of the other.

For its part the socialist Left went along with these trends. Throughout the Third World, particularly in countries like Sri Lanka, where traditional Marxist categories did not make sense, the [significantly non-Communist] Left advocated alignments with parties which were, from a Marxist perspective, hardly radical or revolutionary. The LSSP advocated no contest pacts and later agreements and alliances with the SLFP, while Nasser carried on a troubled, ambivalent relationship with the Communist Party. It was only logical to expect a similarly ambivalent stand on foreign policy from these formations.

It wasn’t just those groups, of course; even the strongholds and heartlands of the ideologies and tendencies they stood for often deviated from the orthodox line. Thus, the Maoists in Ceylon, while holding the line against the Sirimavo Bandaranaike government, could not quite withstand China’s decision to provide that regime with military aid against the 1971 insurrection. Internationally, it could not tide over or come to terms with the shock of Deng Xiaoping’s reforms. In foreign policy as in domestic policies, discretion frequently took the better part of valour; ideological abstractions did play a part, but they were often dispensed with in the interests of better relations with other countries.

The lines that had been drawn during the Cold War sharpened considerably in the 1970s and 1980s across Asia and America, often disrupting the political divisions that had been drawn for decades in these countries. In Sri Lanka the election of a leftwing government failed to prevent an uprising among radical Left university graduates. Four years later, that avowedly leftwing government splintered, leading to the expulsion of the two oldest Left parties in the country. Neoliberal authoritarianism, of the sort which had been installed via covert US support in Chile, became a fact of life in 1977. The rhetoric of non-alignment and neutrality, evoked so frequently once, became passe now.

In Sri Lanka, the first and second waves of neo-liberal authoritarianism – the two UNP administrations of J. R. Jayewardene and Ranasinghe Premadasa – would be followed by the election of a Clintonian Third Way Centrist regime, led by the daughter of the same lady associated with the country’s dalliance with socialism. Under Chandrika Kumaratunga Sri Lanka’s nonaligned credentials were restored, yet never to the same extent as before: it was under Kumaratunga, after all, that Israel established an Embassy in Colombo, more or less breaching Sri Lanka’s commitment to the Palestinian cause, which had been a hallmark and a motif of the Non-aligned Movement at its very inception.

It’s tempting to argue that none of these changes could have come about without the end of the Cold War. To say that is to assume that the end of the Cold War came about because of one set of forces triumphing over all others. For a brief time in history, from 1991 to 2001, the United States enjoyed its peak years: what Charles Krauthammer called, not unfittingly, the “Unipolar Movement.” For some it was the end of history, for others it was the victory of liberal democracy. In this brave new liberal world, we were told, power no longer had a say in international relations: hence the many calls, deplored by diplomats such as the late Gamani Corea, to do away with institutions like UNCTAD and NAM.

This argument has many pitfalls, not all of which deserve mentioning here. I would contend that the unipolar moment came to an end in 2001, when two planes rammed into the World Trade Center in New York, the capital of liberal internationalism. What began in 2001 more or less culminated in January 2022, when Vladimir Putin recognised two breakaway regions in Ukraine and kickstarted a war that continues to redefine the frontiers of geopolitics in the present century. Viewed for long as a dependable friend of the West, Putin has now turned into a symbol of the continuing relevance of power in geopolitics: a point which suggests the Cold War never ended, and the old lines and distinctions still linger.

By all accounts, the new Cold War is different from the old. The clash today is not between two superpowers, but between various powers vying over different interests. The world was simpler then. It is more complicated now. While major powers like India and China vie with each other for dominance over specific regions and interests, developments like the Russia-Ukraine War have brought them to the same table. Xi Jinping’s congratulatory missive to the new Indian President and Wang Yi’s meeting with Delhi’s Ambassador to Beijing should not be taken as mere formalities, nor should Indian Foreign Affairs Minister Jaishankar’s remarks be taken as ramblings of an annoyed government official. These episodes suggest clearly the complexities of geopolitics, where, more than the days when the world was divided into two warring halves, there are no permanent friends or enemies, only interests.

Sri Lanka so far has not been fortunate enough to benefit from these developments. It has been guided by a philosophy which died in 2001, a philosophy adhered to by the most zealous advocates of liberal internationalism: those who believe that Western rhetoric on human rights and democracy is what it purports to be and nothing else. As Rajiva Wijesinha has noted in Representing Sri Lanka, a book that deserves to be read closely, these groups make up a considerable part of our foreign policy establishment: a fact which has precluded the country from making some much needed choices in foreign relations.

In his book Wijesinha lambasts two tendencies within the foreign policy establishment in Sri Lanka: a line that hedges all bets for the country’s future on relations with the West, and a line that shirks and demonises the West and seemingly “Western” abstractions like human rights and democracy. As Dayan Jayatilleka has pointed out only too eloquently, the former line almost lost us the war, while the latter has line lost us a durable peace. The result has been a grand mess, where, in a never-ending cycle, we latch ourselves onto one or another major power, only to switch sides unceremoniously to another power while neglecting the concerns of our ex-partners. The recent fracas over the Chinese “spy” vessel is the latest in a series of faux pas that will, I suspect, continue for quite some time.

Stripped of all abstractions, foreign policy is but a manifestation of a country’s interests. Trapped in the past, Sri Lanka is yet to come to terms with this fact. But in the face of an unprecedented crisis, it cannot afford to think this way any longer. It must take stock of what is happening outside, and realise that what matters is what we need. And what we need now is a foreign policy that coheres with our interests.

The writer is an international relations analyst, researcher, and columnist who can be reached at udakdev1@gmail.com

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Crime and Punishment In Sri Lanka – Where is the Equity ?

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By Anura Gunasekera

Recently, the Kegalle High Court Trial at Bar, on conclusion of the December 2018 Mawanella Buddha statue damaging case, conducted under the Prevention of Terrorism( Temporary Provisions) Act, has passed sentences of varying severity, on the accused who have admitted culpability. Three of the accused have been discharged and the cases against two fixed for further inquiry

Moving back to the period between June 2014 and March 2018, rioting Sinhala mobs, incited or led by Buddhist priests, destroyed or damaged hundreds of Muslim owned businesses, private homes, vehicles, and a couple of mosques, in Aluthagama, Digana and Panadura. Seven people were killed, six of them Muslims. The cost of the damage to assets, owned mostly by Muslims, would be, conservatively, in billions of rupees. Any forensic investigation of the Aluthgama carnage was pre-empted by forces personnel quickly cleaning up the scene of the crime, before investigations could begin, apparently on the orders of former President, Gotabaya Rajapaksa, then Secretary of Defence.

As far as I am aware, not one person has been convicted for any of the above crimes, though much of the destruction is reported to have been caused, in full view of armed police and the forces. There have also been allegations of active assistance provided by uniformed police to the rioting mobs. Two Buddhist priests, Galagoda Athhe Gnanasara and Ampitiye Sumanarathana, publicly associated with the incidents, have been ignored by the law. In fact, in 2020, the Galagoda monk was appointed by then President Gotabaya Rajapaksa, as the chairman of the “One Country, One Law” task force.

Amit Weerasinghe, leader of the “Mahason Balakaya”, a Sinhala-Buddhist extremist entity associated with the riots, was arrested and released. It is not clear whether any action was filed against him. More than a 100 individuals, all from the majority community, arrested in connection with the incidents of anti-Muslim violence described above, were enlarged on bail at the respective first hearings. However, 45 individuals, all Muslims without prior criminal records, arrested in connection with the Mawanella affair, were held in remand custody for forty two months, though there were no eyewitnesses to the related incidents.

Jude Jayamaha, convicted murderer sentenced to death in 2012, was pardoned in 2019 by then President Maithripala. Army Sergeant Sunil Ratnayake, sentenced to death for the torture/murder of a Tamil civilian family of eight, was given a “full presidential pardon” by former president, Gotabaya Rajapaksa, in 2020. Former member of parliament and close associate of president Gotabaya, Duminda Silva, sentenced to death for complicity in murder, benefited from a “special presidential pardon” , extended by GR in June 2021, which also included over a hundred other prisoners. However, Silva has been rearrested in May 2022, on a Supreme Court order suspending the pardon.

In the meantime, the loose-tongued MP, Ranjan Ramanayake, has so far spent one year of a four-year sentence for contempt of court. I am open to correction by those who know the law better but, as I understand it, his sentence is based on a provision of the Penal Code, which dates back to a 19th century statute. However, it is a fact that most mature democracies have moved on from such archaic legal provisions, and now permit robust and reasonable debate in regard to matters pertaining to the judiciary itself.

Also relevant is the case of Lasantha Wickrematunge, and the many other journalists and anti-government activists, featured in the list of the murdered regime-critics over the last three decades, now simply names in a long and sad litany of unsolved crimes. There are the thousands of civilians who disappeared during our long war, and in the course of the suppression of two consecutive Janatha Vimukthi Peramuna uprisings; over 700 Sri Lankan policemen were murdered by the LTTE, in June 1990, after surrendering to them on the orders of the then President, Ranasinghe Premadasa, conveyed through then Inspector General of Police, Ernest Perera. The absence of an in-depth investigation in to this incident is, perhaps, due to the fact that the alleged mastermind- according to Field Marshal Sarath Fonseka- Vinayagamoorthy Muralidaran of the LTTE, subsequently became a government ally.

In fact, a review of unsolved murders and extra-judicial killings since the beginning of the Eelam war, would require a separate volume. The land that the Buddha is supposed to have consecrated with several personal visits is, truly, very bloody, underfoot.

In more recent events, parliamentarian Prasanna Ranatunge, heavily fined and sentenced to a suspended sentence, for attempting to extort money under threat from a businessman, has been appointed Minister of Urban Development and Housing, by President Wickremesinghe. Nimal Siripala de Silva, who resigned his cabinet portfolio pending investigation in to a major bribery charge (reportedly conveyed to then president Gotabaya by Japan’s ambassador), has been “acquitted”- by a panel led by former High Court judge, Kusala Sarojini Weerawardane, on conclusion of what must be the speediest of such investigations conducted in decades; just one week! Within a day of this miraculous “acquittal”, he is reappointed to the cabinet by President Wickremesinghe, as Minister of Ports, Shipping and Aviation.

The two actions by the new president makes a mockery of a key assurance given by him regarding the elimination of bribery and corruption during his maiden address to parliament. How does one conflate that noble pledge with the elevation of two individuals, one patently corrupt and the other allegedly so? That situation is decidedly worse than the case of former state minister, Lohan Ratwatte, whose forcible entry in to Welikada and Anuradhapura prisons, was investigated- with no conclusive outcome- by the same lady.

All of the above is a preamble to the current situation. Wickremesinghe, immediately upon assuming the acting presidency, declared a state of emergency and enabled the arrest of a number of individuals seen as leaders of the “Aragalaya”, the movement which actually paved the way for his presidential appointment. Apart from Joseph Stalin (General Secretary, Ceylon Teachers’ Union), Fr Jeewantha Pieris, Wasantha Mudalige ( Convener, Inter-University Students’ Federation) Eranga Gunasekera( National Organizer for “Socialist Youth Union”) and Lahiru Weerasekera (National Organizer for “Youth for Change”), four protesters “loitering” around the Bandaranaike statue at Galle Face, and a few who have been identified as having entered the Presidential Secretariat and the President’s House, have also been taken in.

In the greater scheme of things the “crimes” attributed to these individuals are clearly low level misdemeanors. Proven damage to premises and content are crimes which must be punished, but relaxing on the president’s bed and sitting in the president’s chair are not major crimes, though the latter have been classified as ” terrorist acts”.

Compare the above with the events which took place in parliament , on November 15, 2018, when members of Mahinda Rajapaksa’s party physically attacked the then Speaker, Karu Jayasuriya. At the fore-front of the aggression were then ministers, Johnston Fernando and Mahindanda Aluthgamage, who attacked the police who tried to restore order. Arundhika Fernando occupied the Speaker’s chair and was seen being smilingly felicitated by MP Pavithra Wanniarachchi. All these events have been caught on video-film as indisputable evidence. Despite the desecration of the very seat of governance by the lawmakers themselves, no action was taken against those guilty. Let us also not forget the May 9 attack on unarmed activists at Galle Face, in which Mahinda Rajapaksa and Johnston Fernando were clearly complicit.

Since April this year six dead bodies have washed up ashore along the Colombo district coastline. The police have been very quick to attribute these incidents, and other recent murders in and around the Colombo district, to drug-related violence, though results of investigations have not been made public. Surprisingly, these incidents appear to have slid under the radar of routine news reporting, with minimal mention in the media.

One can also add the “Bond Scam” of 2015, involving the current president’s then Central Bank Governor appointee, Arjuna Mahendran, the “Sugar Scam” of 2020, the shambolic “Greek Bonds” affair of 2012, under the stewardship of then Central Bank Governor, Nivard Cabraal and the controversial settlement of International Sovereign Bonds in January 2022, again under the supervision of Cabraal in his second term as CB governor. However, Mahendran, hiding from the law in plain sight, is safely delivering profound statements on the economy of Sri Lanka to, international media, the profiteers from the sugar deal have not been dealt with despite recommendations by the National Audit Office, and Cabraal, still unscathed, is living in seclusion.

And what of the Rs 17.8 in cash, discovered in the President’s House by the Aragalists and handed over to the Fort Police on July 9, but produced in court by the police only on July 29? Where did the Fort OIC store this cash in the interim? Will former president Gotabaya, as head of the presidential household, be asked to explain the source of the cash and the reasons for its retention?

The point of this narration is to highlight the glaring inequity, in the application of the same body of law, in the context of social and economic position, proximity to those in power, personal political significance, and ethnicity. It would seem that the wheels of justice grind slowly, and selectively, subject to the above considerations.

President Wickremesinghe’s pious sentiments about combatting crime and corruption, are simply echoes of similar statements made by previous leaders of the country, in successive regimes, which have condoned colossal crimes and acts of corruption. Collectively, they have contributed to the present economic disaster, and the humiliating position of Sri Lanka in the global Human Rights Violation index. After 75 years of independence and “democratic” governance, Sri Lanka occupies the 112th position (in the 3rd quartrile), in the Global Freedom Index of 2022, behind Sierra Leone, Belarus, Kenya and Lebanon. The ongoing repressive measures being implemented by a supposedly liberal president, is likely to result in a further downgrading before long.

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PROPPING-UP THIS PRESIDENT IS A PRESCRIPTION FOR POLITICAL SUICIDE

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DR. DAYAN JAYATILLEKA

In one dimension, Sri Lankan politics is a tale of cross-party political collaboration that should have taken place but didn’t, and those that shouldn’t have taken place but did.The two varying yet intermittently intertwining story-lines have widely discrepant endings, though. Collaborations that should have taken place but didn’t are stories of what might have been and wasn’t. What might have been is often better than what actually was.By contrast, stories of collaboration that should not have taken place but did, are stories of disasters that were avoidable but weren’t.

Sometimes the collaborations that should have been preceded those that should not have been but were acted upon. These are particularly poignant because an alliance or political equation that had the potential of leading to something positive, was immediately substituted by an equation which culminated in catastrophe.

There is another, inner connection. It is the causal link between the alliances that should have been made and weren’t, that led to lost potential, which was then sought to be offset by alliances that should not have been entered into but were, with worse consequences than the stagnation sought to be avoided or offset by entering into them.

The Left was never as strong as it was after the General Election of 1947. If the discussion at H. Sri Nissanka’s residence ‘Yamuna’ succeed and a bloc had formed of the three left parties—the LSSP, CP and the BLP—and the independent progressives, Ceylon would have had a left oriented Government which would have taken the country on a Nehruvian or ‘left-Nehruvian’ path.

Having rejected that option, the same leftist parties were later reviled, and correctly so, for having clung to “Sirima’s sari pota” and electorally decimated where they remain to this very day. Just recently, and incredibly, their residues voted for Ranil Wickremesinghe’s Emergency under which the Aragalaya activists are being arrested.

After the magnificent Hartal of August 1953, the political parties that participated and supported it failed to unite in a single bloc. The result was that SWRD’s SLFP fell prey to the temptation of Sinhala Only, lobbied for by a civil society caucus led by Prof GP Malalasekara and the All- Ceylon Buddhist Congress he chaired, riding the surf of the Buddha Jayanthi and the ACBC report.

When SWRD tried to compensate by course-correction through the Bandaranaike-Chelvanayakam pact, the Left didn’t come forward to enter a bloc with him in support. Ironically the same left entered a united front with his far less progressive widow and enthroned Sinhala only in the 1972 Constitution.

The Left finally entered a United Front in 1963, accompanied by the unification of the left-led trade union movement. The united left won the Borella by-election that year. In 1964 the LSSP broke the left front and joined Mrs. Bandaranaike’s cabinet. In 1968, in place of a reunified Left, the CPSL joined the LSSP in a coalition with the SLFP, holding a joint rally in Bogambara.The resultant vacuum on the left permitted the birth and rapid growth of the JVP.

Fifteen years after the LSSP’s co-optation and nine years after the CPSL’s, the entire old left had been electorally wiped out, with Philip Gunawardena who had joined a UNP cabinet, having been electorally eliminated earlier in 1970.I could go on. The moral of the story is simple. Left unity is a good thing and left disunity is not. Left and the unity with progressive independents is a good thing and its absence is not. The Left uniting with a center party under left dominance is bad but doing so on an equal footing, isn’t.The Left uniting with a dominant center party, i.e., with the SLFP in 1964 and 1970-1975/’77, is a terrible thing.

A center-left or center party uniting with a rightwing or center-right party is a bad thing. President Sirisena and the SLFP learned that lesson the hard way and the current trend of the SLPP opting for Ranil Wickremesinghe over Dullas Alahapperuma, the SLFP and the 10-parties being drawn into President Ranil Wickremesinghe’s orbit, having voted for his draconian Emergency (the SLFP was absent), will prove electorally fatal.

TAMIL PARTIES

The Tamil parties have a sad history of supporting the rightwing UNP which inevitably winds up unpopular and the target of a huge backlash. The presence of the Tamil parties in a bloc with the UNP, unfortunately facilitates an utterly reprehensible entry of Sinhala chauvinism into the anti-government backlash.

It is utterly counterproductive for the Tamil parties to be in an elitist UNP bloc. It was the presence of those parties in the UNP-led seven-party national Government of 1965-1970 that facilitated the opportunistic or semi-spontaneous injection of Sinhala ethno-populism into the Opposition campaign of the second half of the 1960s, which even more horridly, culminated in the official Sinhala racism after it assumed office, e.g., media-wise and district-wise Standardization of university entrance, the hegemonistic status of Sinhala and Buddhism in the 1972 Constitution.

The Tamil parties should think twice before being enticed into an alliance, de jure or de facto, with the unelected, illegitimate president Ranil Wickremesinghe who will cause a further spike in unprecedentedly high social disaffection by his economic “shock therapy”. It could cause a toxic cocktail as Sir John’s Delft speech did.

TODAY’S OPPOSITION

What would have happened to any Opposition political party that joined, propped up or let itself be drawn into the orbit of the hawkish UNP administration of Sir John Kotelawala after the Hartal of August 1953?

What if SWRD Bandaranaike, having left the UNP in 1951, helped it in 1953, after chairing the Hartal rally on Galle Face Green, though the SLFP didn’t participate in the Hartal?

The answers of these counterfactual history questions are obvious. Any such party which became a de jure or de facto prop (“mukkuwa”) of the Hartal-hit Establishment which had a harder-line post-Hartal leader, would have been committing political suicide.Had SWRD Bandaranaike done so, he would not have been the beneficiary of the anti-Establishment tectonic shift caused or denoted by the Hartal and swept into office through the Silent Revolution of 1956.

Why then are the Opposition parties of today doing or contemplating something even more colossally stupid, of joining, supporting or collaborating with the UNP leader of the Aragalaya-hit Establishment? It is suicidal for two reasons:

Firstly, the leader in question is utterly unelected, totally devoid of a popular mandate, and is therefore a completely illegitimate (though not illegal) ruler.Secondly, he will drive through a controversial and polarizing economic program, which will sink any party associated with it.Meanwhile, the failure of the pro-Aragalaya parties, the JVP, FSP, SJB and TNA, to unite is a repetition of the failure of the pro-Hartal parties to do so in 1953-1956.

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