‘New Law should reflect post-war realities’

By Shamindra Ferdinando

SLPP National List MP Gevindu Cumaratunga says they expected the realisation of President Gotabaya Rajapaksa’s much touted assurance to place the proposed draft Constitution before the people ahead of the second anniversary of his victory at the Nov 2019 presidential election.

Lawmaker Cumaratunga, who leads civil society organization Yuthukama recalled how Justice Minister Ali Sabry, PC, on behalf of the President gave that assurance to Parliament. In a brief interview with The Island, the MP asserted that though Covid-19 caused quite a disruption, he strongly believed the draft Constitution should be presented next month as promised.

Minister Sabry, also of the SLPP National List announced the appointment of a nine-member experts’ committee to draft a new Constitution. The committee consists of Romesh de Silva (Chairperson), Manohara de Silva, PC, Gamini Marapana, PC, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC, Prof. Nadeema Kamurdeen, Prof. G. H. Peiris, Prof. Wasantha Seneviratne and Dr. A. Sarveshwaran.

Asked whether he really expected the expert committee to meet the deadline amidst current political turmoil compounded by the deepening financial crisis, MP Cumaratunga emphasized the pivotal importance in keeping to the original plan. “Proposed enactment of a new Constitution shouldn’t be derailed under any circumstances. Therefore, the presentation of the draft Constitution by Nov 2021 as promised shouldn’t be deferred,” lawmaker Cumaratunga said. The civil society activist underscored that the electorate overwhelmingly voted for Gotabaya Rajapaksa and the SLPP at the presidential and parliamentary elections, respectively to introduce a new Constitution.

Responding to another query, MP Cumaratunga said that the government couldn’t forget 6.9 mn voted for the SLPP candidate at the presidential and it received nearly two-thirds at the parliamentary poll as the electorate realized the need for a new Constitution. “Proposed new Constitution should reflect the ground situation. In other words, we need a Constitution that recognized Sri Lanka’s triumph over separatist campaign, reiterated unitary status and one that fulfilled the aspirations of those who voted for the SLPP at 2019 and 2020 national elections as well as the country as a whole,” the MP said.

Cumaratunga is among 17 members elected on the SLPP National List. The SLPP secured the lions’ share of the 29 NL whereas the main Opposition party, the Samagi Jana Balavegaya (SJB) won seven.

The Yuthukama Chief said that the introduction of comprehensive electoral reforms was of critical importance as the current system failed to address public concerns. Pointing out that the current Constitution and the Proportional Representation (PR) system had been introduced in 1978 and 1989, respectively, lawmaker Cumaratunga said that the country could no longer afford to continue with the same.

MP Cumaratunga also dealt with constitutional proposals made by him on behalf of Yuthukama to the experts’ committee as well as the Parliamentary Select Committee (PSC) on electoral reforms.

Referring to the outcome of the 2015 presidential election, MP Cumaratunga pointed out how the then Opposition candidate Maithripala Sirisena won the contest thanks to the overwhelming victories he achieved at certain electorates. Emphasizing that the 2015 election result hadn’t reflected the actual public opinion across the country, the lawmaker said they believed Sri Lanka should adopt a system similar to that of the US in respect of presidential election. Asked to explain, MP Cumaratunga said that the US elected the winner not only on the basis of votes but the territory as well.

Yuthukama

also proposed that 70 percent of the total number of MPs should represent electorates whereas 20 percent represent best losers and the remaining 10 percent constitute the National List.

Parliament now consists of 196 elected and 29 appointed members.

Commenting on the long delayed Provincial Council polls, MP Cumaratunga underscored their faith in the system. “Elections to PC should be conducted under the current system in place. PCs should be transformed to sort of coordinating institutions meant to develop the respective regions,” the MP said.

MP Cumaratunga said that he dealt with these issues in Parliament on Sept 7 though it didn’t receive sufficient media coverage.

Referring to recent reportage of Indian Foreign Secretary Harsh Vardhan Shringla’s three-day visit here, MP Cumaratunga said the UNP-SLFP administration that had the backing of India put off the PC polls. Pointing out external interventions at the 2015 presidential poll, MP Cumaratunga urged India to be sensitive to the vast majority of Sri Lankans than those disruptive political elements.

Cumaratunga pointed out a comprehensive statement issued by the Indian High Commission in Colombo following the conclusion of Shringla’s visit commented on the PC polls. MP Cumaratunga said that the yahapalana lot brought in amendments to the Provincial Council Act. That particular operation was meant to delay PC polls indefinitely as the then government caused such devastating crises it feared elections, MP Cumaratunga said.

Referring to SLMC leader Rauff Hakeem on Oct 7 stressing in Parliament the need to conduct PC polls urgently, lawmaker Cumaratunga said that those now represented the SJB, the TNA, the SLMC and Rishad Bathiudeen’s All Ceylon Makkal Congress (ACMC) contributed to the indefinite postponement of PC polls. “That is the undeniable truth. FS Shringla’s cannot be unaware of that though he was India’s Ambassador in Washington at that time,” MP Cumaratunga said, urging the government to set the record straight.

MP Cumaratunga said that the postponement of PC polls should be examined against the backdrop of the debilitating setback those in power at that time suffered at Local Government polls held in Feb 2018. With the emergence of the SLPP as the dominant political party in the country in the wake of Local Government polls, the yahapalana lot had no option but to infinitely puff PC polls. “They wanted to prevent further deterioration of the government. So the deferment of PC polls,” the MP said.

Recalling the enactment of the 13th Amendment to the Constitution under controversial circumstances as violence swept the country against the signing of the Indo-Lanka accord of July 29, 1987, MP Cumaratunga said that the expert committee headed by de Silva received many proposals in respect of PC system/13 A. Referring to President Gotabaya Rajapaksa’s Independence Day speech last year, lawmaker Cumaratunga said that the subjects like education and health should be under the purview of the government.

At the onset of MP Cumaratunga’s speech in Parliament on Oct.7, the civil society activist appreciated the proposed amendments to the Registration of Electors Act No 44 of 1980 to enable those reaching 18 years of age to exercise their franchise. The lawmaker expressed confidence the Parliament could reach unanimous consensus on this. MP Cumaratunga also appreciated making the National Identity Card (NIC) compulsory for voting as such moves greatly strengthened the overall electoral process.

MP Cumaratunga dealt with two other issues namely rampant corruption and the deterioration of the Local Government system due to amendments proposed by the JVP and the SLMC. The MP said that they sincerely hoped the expert committee and the PSC would take the entire gamut of issues and proposals into consideration before submitting the draft Constitution.