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GL: Constitutional constraints prevent President from holding snap presidential election
By Rathindra Kuruwita
President Ranil Wickremesinghe can start the process of seeking a new mandate only by the end of July 2024, Freedom People’s Congress (FPC) member and MP Prof. G.L Peiris says.Prof. Peiris said that a president who was elected by the people could seek a fresh mandate four years after his or her election, but a president elected by Parliament was without that right.
Wickremesinghe had been elected by parliament, and therefore he had to complete the remainder of his predecessor’s term, but he could introduce a constitutional amendment to enable himself to hold a snap presidential election, said Prof. Peiris. Such an amendment had to be passed with a two-thirds majority. There was no need for a referendum, Prof. Peiris said.
Commenting on the 13th Amendment, Prof. Peiris said that seven executive presidents before Ranil Wickremesinghe had not fully implemented it for a reason.
‘The President called for an All Party Conference (APC) on devolution. The discussion was mainly on the full implementation of 13A, i. e., with police powers. We must first try to understand why previous Presidents didn’t fully implement 13A. If the same reasons that held their hands still remain, it is impossible to continue with the APC. The Sri Lanka Podujana Peramuna (SLPP) said they would not support it. The president must present the other parties with a proposal that has the backing of the government,” he said.
Prof. Peiris said that almost all opposition political parties were of the view that provincial council elections had to be held. This should be done prior to any discussion on 13A, Prof. Peiris said.
“If there are no provincial councils with elected representatives, who is to be entrusted with the full powers of 13A?” he asked.
The MP said that the President had promised Tamil political parties that a solution to the ethnic problem would be found by the end of the year. The collapse of the APC had shown that it was not possible for him to keep his promise. By making promises that he can’t keep, the President has disappointed Tamil parties and his credibility has suffered, Prof. Peiris said.
“The ethnic problem is a complex, hard, and a very emotional issue. Only a government that has a mandate from the people can do it. J.R. Jayewardene had a five-sixths majority in Parliament. Mahinda Rajapaksa had a close to two-thirds majority. Even they couldn’t fully implement 13A. So, how can this government and the President implement 13A within months?” he asked.
Prof. Peiris added that Sri Lanka must do more to engage with China to restructure its external debt. The government seemed to think that India and Japan could talk to China on behalf of Sri Lanka.
Prof. Peiris also said that there was no constitutional requirement for the government to obtain parliamentary approval for the domestic debt restructuring agreement. The President had presented the debt-restructuring plan to Parliament to cover his back, said Prof. Peiris, adding that the President should have provided parliament with all the information. The President had only provided the staff-level agreement the government had with the IMF, six months later. Parliament had been asking for information. When Ranil was a member of the opposition, he asked the then Finance Minister Basil Rajapaksa to reveal all agreements with the IMF to Parliament. However, when he became President, he refused to do so, Prof. Peiris said.
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Financial contribution from Gift Sri Lanka Foundation and the Georgia Buddhist Vihara, USA, for disaster relief
In support of relief efforts for communities affected by the Ditwah cyclone, Gift Sri Lanka Foundation and the Georgia Buddhist Vihara (GBV), USA, have made a financial contribution of USD 16,000 to the Government’s ‘Rebuilding Sri Lanka’ Fund.
The relevant cheque was formally handed over on Thursday (18) afternoon at the Presidential Secretariat by the Chief Incumbent of the Georgia Buddhist Vihara, Most Venerable Panamwela Vajirabuddha Nayaka Thero, to the Secretary to the President, Dr. Nandika Sanath Kumanayake.
The European Union has allocated a total of Euro 2.35 million of financial assistance to Sri Lanka. This includes Euro 500,000 through IFRC and Euro 1.85 million through DG-European Civil Protection and Humanitarian Aid Operations (ECHO) partners, WFP and UNICEF as humanitarian assistance to Sri Lanka, in response to the impact of Tropical Cyclone Ditwah,
In addition to the above allocation, the Union Civil Protection Mechanism (UCPM), which brings together 37 participating States, all 27 EU member States, as well as Albania, Bosnia and Herzegovina, Iceland, Moldova, Montenegro, North Macedonia, Norway, Serbia, Türkiye and Ukraine, is providing in-kind assistance to Sri Lanka.
As a part of the UCPM in kind assistance being provided, on Wednesday, 17th December, Sri Lanka received an aid shipment, with two air cargo flights arriving in Colombo from Germany, France and Luxembourg. This aid shipment included 83 tonnes of relief items such as family tents, mattresses, hygiene and kitchen kits, beds and water filters. The supplies are intended for distribution among communities most affected by the cyclone.
The arrival of the assistance was welcomed by the EU Ambassador to Sri Lanka, Carmen Moreno, French Ambassador, Rémi Lambert, and the Deputy Head of Mission at the German Embassy, Sarah Hasselbarth. On behalf of the Government of Sri Lanka, the donations were received by Sugeeshwara Gunaratna, Director General / Europe & North America, Ministry of Foreign Affairs, Foreign Employment & Tourism and Chathura Liyanarachchi, Director, Disaster Management Center (DMC).
Italy has also provided a team of structural engineers to support Sri Lanka’s disaster assessment and recovery process.
Furthermore, the EU has activated its Copernicus Emergency Management Service (EMS) in rapid mapping mode, with around 30 maps produced so far.
The European Union has committed continued cooperation and support to Sri Lanka’s disaster recovery and rebuilding process, reaffirming the enduring friendship and strong partnership between Sri Lanka and the European Union.
… hands over proposal asking for PSC probe into govt.’s lapses
Opposition and SJB leader Sajith Premadasa yesterday accused the government of having gagged the Meteorology Department officials, who, he said, had been placed under virtual house arrest. He claimed that they had been barred from speaking to the media.
Speaking in Parliament, Premadasa said withholding information from the public was unacceptable. He insisted that the Meteorology Department and international agencies had repeatedly issued warnings about extreme weather events between November 11 and 26. He demanded to know why Sri Lanka’s disaster management mechanism had not been activated in a timely manner.
“The key issue is why the country’s disaster management system failed to respond when the risks were clearly identified,” he told the House, describing the lapse as a serious failure of governance.
Condemning attempts to silence officials, Premadasa said acknowledging mistakes was the only way forward. “If we are wrong, we should admit it. If we are right, we should say so. Silencing professionals will help solve problems.
The Opposition Leader also called for a National Disaster Response Force and amendments to the Disaster Management Act to strengthen preparedness and response mechanisms.
Premadasa and several other Opposition MPs have submitted a formal proposal to the Speaker seeking the appointment of a Parliamentary Select Committee to investigate the government’s failure to mitigate the impact of Cyclone Ditwah.
The Opposition has demanded a 30-member select committee tasked with producing a comprehensive report on the institutional and administrative failures during the disaster.
Describing the government’s lack of preparedness as deeply regrettable, the MPs have said that timely action would have helped save many lives and reduced the scale of destruction caused by the cyclone.
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