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Editorial

Learn from the past

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Saturday 31st October, 2020

 

The 20th Amendment (20A) has become law. Yesterday, we carried a picture of Speaker Mahinda Yapa Abeywardena signing it into law. The government is now like a juggernaut with a weak brake system, careening downhill. The Opposition, which had nine of its MPs voting with the government for 20A has decided to take disciplinary action against them. In fact, it wants to see the back of them, but expelling them from Parliament may not be an easy task, given a Supreme Court order which has stood crossovers in good stead.

What we are currently witnessing is a replay of the situation following the formation of the Mahinda Rajapaksa government in early 2010, as we argued in a previous comment; that regime mustered a two-thirds majority and bought off more than a dozen Opposition MPs. The UNP, which had 60 MPs in that Parliament was left with only 44 in the end owing to crossovers. But that government sank like the Titanic, in January 2015, despite its steamroller majority and the popularity of its President. Massive majorities do not necessarily translate into the stability of governments.

The SJB has called upon Speaker Abeywardene to make arrangements for its dissidents to sit separately in Parliament. Interestingly, some members of the government are sitting with their Opposition counterparts in the House. So, it will not make any difference whether the SJB dissidents sit separately or not.

Political party leaders, academics et al had better peruse the 20A Act and compare it with what was passed by Parliament on 22 October to see if there are any discrepancies. One may wonder why on earth such an effort should be made because what has been published is a legal document, but we have to learn from our past mistakes. One may recall that it took decades for a provision surreptitiously incorporated into a constitutional amendment to come to light.

In 1988, the J. R. Jayewardene government steamrollered the 14th Amendment (14A) to the Constitution through Parliament, creating the National List (NL), and what became law was different from the Bill ratified by Parliament, according to observations made by some Opposition heavyweights later on. According to veteran leftist, D. E. W. Gunasekara, 14A contains a provision which was not there in the Bill passed by Parliament; it enables outsiders to be become NL MPs and is violative of people’s franchise and sovereignty. When an NL seat falls vacant, the party or the Independent group which is entitled to fill it can appoint any of its members to Parliament. This provision has been used by several governments to catapult outsiders to Parliament. A similar situation is likely to arise under the incumbent dispensation as well.

There was also a controversy over a provision in the 19th Amendment, pertaining to the formation of National Governments. Former Justice Minister Dr. Wijeyadasa Rajapakshe, PC, once pointed out a discrepancy between what was presented to Parliament for its approval and the Act in that regard. Unfortunately, his objections went unheeded. The problem with undemocratic practices is that they are as contagious as COVID-19.

The only antidote to the practice of making bad laws is to have a constitutional provision for the post enactment judicial review of legislation. People, whose legislative power Parliament exercises, must be able to subject laws to judicial scrutiny anytime and have them amended or abolished.

We hope that the Opposition will care to go through 20A afresh carefully and ensure that it is the same as what Parliament passed with a two-thirds majority recently. Anything is possible in this country.



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Editorial

Heroes and villains

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Tuesday 16th August, 2022

The government has delisted some expatriate Tamil groups considered sympathetic to the LTTE’s cause, and drawn heavy flak from a section of the ruling SLPP and the nationalistic organisations that backed it to the hilt at the past several elections. The SLPP leadership has chosen to remain silent on the issue, and it will be interesting to know its stance on the delisting of the Tamil groups that it once demonised. It made Ranil Wickremesinghe the President to do its bidding. Is the tail now wagging the dog?

Why were the aforesaid Tamil organisations banned? Have the factors that led to their proscription ceased to be, over the past few years, for them to be delisted under the present dispensation, which is an extension of the Rajapaksa rule in all but name? If not, what has prompted the government to delist them, and doesn’t its action amount to an admission that those outfits were wrongfully proscribed, or it has acted out of expediency rather than principle or any concern for the national interest, which it claims to protect?

It was the Mahinda Rajapaksa government (2005-2015) that initiated action to proscribe some expatriate Tamil groups, claiming that they posed a threat to national security. The SLPP led by the Rajapaksas campaigned on a national security platform at the presidential election (2019) and the parliamentary polls (2020) and secured huge popular mandates to govern the country in keeping with its national security strategy among other things. Does the SLPP think the delisting of the Tamil groups at issue is consistent with its mandates, on the basis of which it continues to rule the country?

The SLPP, which elected President Wickremesinghe, with whose blessings the delisting in question has been effected, owes an explanation to the public.

It will be interesting to see the reaction of Prime Minister Dinesh Gunawardena, who represents the nationalistic forces that made the SLPP’s victory possible and are full of praise for President Wickremesinghe for having got tough with the Galle Face protesters and stood up to the Colombo-based western diplomats, to the government’s volte-face on the proscription of the pro-Eelam groups.

Needless to say, when a government does exactly the opposite of what it promises in its election manifesto, for which it obtains popular support, its mandate becomes delegitimised. The key pledges in SLPP presidential candidate Gotabaya Rajapaksa’s policy programme presented to the people and what the government is doing at present are like chalk and cheese, to say the least. One is reminded of a ruse in days of yore; some men, on their wedding days, much to their surprise, found that their brides were the elder sisters of the pretty women they had agreed to marry! Something similar has happened to the Sri Lankans who voted for Gotabaya; they have got Ranil Wickremesinghe as the President courtesy of the SLPP!

The leaders and members of the Tamil expatriate groups that have been delisted will now be able to visit this country. But war-time Defence Secretary Gotabaya, who became the President, has fled the country and is in self-exile. President Wickremesinghe has gone on record saying that he does not think the time is opportune for Gotabaya to return home. Speculation is rife that some former LTTE members in detention will be released as part of a political deal the government has cut with the TNA. If the government carries out its pledge to the TNA, those ex-Tigers will walk free. Is it that Gotabaya, as the President, did something far worse than unleashing or supporting terrorism? All the SLPP politicians who were also responsible for bankrupting the country are still in the incumbent government, and some of them are Cabinet ministers although most of them should be behind bars. So much for the change the Aragalaya has brought about!

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Editorial

To dock or not to dock

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Monday 15th August, 2022

Sri Lanka is like a storm-tossed bark struggling to remain afloat in an ocean of economic trouble; it is lucky to have avoided a head-on collision with a massive Chinese vessel, Yuan Wang 5 (YW-5), a ballistic missile and satellite-tracking ship, which is on its way to Hambantota. Colombo has finally stopped dillydallying and decided to allow the vessel to make a port call. India and the US have softened their collective stance on the Chinese ship’s visit. It was thought that the YW-5 issue would lead to a bitter diplomatic row with India, and if what was feared had come to pass with New Delhi cranking up pressure on Colombo to deny YW-5 permission to dock, it would have been a double whammy for Sri Lanka, which is dependent on the restructuring of Chinese debt to secure the much-needed IMF bailout package, and cannot afford to antagonise India, which is propping up its economy. All’s well that ends well.

There are lessons to be learnt from the ship controversy. Colombo was initially all at sea. The Rajapaksa-Wickremesinghe government seemed divided on the issue with vital information one needed to figure out the provenance of the issue being suppressed. So, the arguments and counterarguments anent the issue were based on surmises, hunches, assumptions, hearsay, etc. Thankfully, the Foreign Ministry has put the record straight albeit belatedly.

It behoves Sri Lanka to be mindful of India’s security concerns in handling maritime affairs. Perhaps, it is not the scheduled arrival of YW-5 as such that New Delhi was concerned about but the possibility of China continuing to use the Hambantota Port to berth more such vessels in the future. (China would not have secured a port in a strategic location in the Indian Ocean for nothing!) It is only natural that India and its QUAD allies think China is testing the water.

It is the voice of the QUAD that one has heard through the critics of the YW-5 voyage. There is reason to believe that they are promoting a US-led drive to isolate China internationally. YW-5 embarked on its current voyage amidst a Chinese naval exercise near Taiwan in response to US Speaker Nancy Pelosi’s recent controversial visit to Taipei notwithstanding objections from Beijing.

Colombo has acted tactfully by reportedly asking India and the US to specify the reasons for their misgivings about the Chinese vessel’s port call. However, it defies comprehension why Colombo requested Beijing to defer the arrival of YW-5 at Hambantota for replenishment, after granting permission.

Meanwhile, the argument that China is sending its survey vessel all the way to Hambantota to spy on South India does not sound tenable. In fact, it reflects naivety on the part of those who make that claim, for China is equipped to spy on its rivals without taking the trouble of deploying its ships and drawing international attention to such missions unnecessarily. In this day and age, technology is so advanced that information about even what lies at the edge of the universe, as it were, could be gathered without any craft ever getting anywhere near it.

Sri Lanka is already battered and bruised enough economically and certainly does not want any diplomatic rows to contend with. It has to get its foreign policy right. It had better take steps to avoid issues like the docking of YW-5 in the future lest it should become a victim of the big-power rivalry, which is intensifying; it ought to decide what types of ships will be allowed to berth at its ports, formulate a policy to that effect and make it known to the rest of the word so that unnecessary controversies could be averted, and hegemonic nations bent on projecting their power on a global scale will not be able to flex their naval muscles at the expense of Colombo.

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Editorial

Unarmed but not peaceful

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We run on this page today an article written by a retired Major General of the Sri Lanka Army who argues forcefully that the Aragalaya protesters were NOT repeat NOT peaceful. Over the weeks and months of the protest, which now appears to be fizzling out, although contrary claims that it will continue persist, the Aragalaya was described by the media, human rights activists, politicians, diplomats and many more as a “peaceful protest.” That label stuck. A protest it was, and an unarmed protest to boot, but nobody can claim that it was “peaceful” especially during its concluding stages when barricades protecting President’s House and the Presidential Secretariat at the old Parliament building were repeatedly stormed.

The whole country was privy to these all or nothing charges, where large groups akin to human battering rams, unrelentingly and repeatedly stormed the barriers surrounding the seats of government. They did so with the clear knowledge that there would be no shooting. These scenes were beamed over national television news bulletins widely viewed countrywide. Police and troops manning the barriers used tear gas and water cannons and on a few occasions fired into the air. Fortunately, thanks be to whoever was responsible (some say that outgoing President Gotabaya Rajapaksa so ordered before he fled the country), no live bullets were fired. Thus no lives were lost. All to the good. The retired military officer, Major General Lalin Fernando, who has titled his contribution “Peaceful and Unlawful Assembly” has, to our mind, by quoting sections of the Criminal Procedure Code conclusively established that the assemblies under reference were totally unlawful. There is no second word about that. Unarmed yes, but peaceful no.

Another curious and coincidental occurrence regarding the Rajapaksas’ departure and what many believe to be the end of the Aragalaya has occurred within exact one month intervals over a three-month period beginning May 9 this year. On that day Prime Minister Mahinda Rajapaksa responded to the “Go Home Mynah” demand. Exactly a month later, on June 9, Finance Minister Basil Rajapaksa went home although there was no “Basil Go Gama.” President Gotabaya Rajapaksa eventually caved into the “Gota Go Home” demand and fled the country like a thief in the night, flying first to the Maldives, then to Singapore and now to Thailand. And last week on August 9, the Aragalaya which pushed all the Rajapaksas out of office also seems to have ended. Those who thought that the country has seen the back of the Rajapaksas when GR swore a cabinet minus all of them except his aiya who installed him on the throne, was forced to call for MR’s resignation, and thereafter to resign himself, will have to think again. The Pohottuwa still calls the shots in parliament as clearly demonstrated by UNP leader Ranil Wickremesinghe’s appointment as prime minister, then as acting president and finally his comfortable election by parliament as president to serve out the rest of GR’s term.

Remember Mahinda Sulanga after MR who had engineered a constitutional coup ending the two term limit on the presidency suffered a stunning loss to Maithripala Sirisena, the former general secretary of MR’s Sri Lanka Freedom Party, while seeking a third term. A combination of forces led by the UNP and including former President Chandrika Kumaratunga ensured Rajapaksa’s defeat. But he did not lie down and die. Within days and weeks of what seemed an unbelievable end to a remarkable political career, Mahinda Rajapaksa was being feted and greeted by tens of thousands of his supporters at his Tangalle home. Before long, with the help of his brother Basil and the founding of his Sri Lanka Podu Jana Peramuna (SLPP) best known by its Pohottuwa election symbol he was able to demonstrate that he was no spent force at the local government elections of February 2018. This was the biggest ever election in the country and his new party was able to gather 40 percent of the popular vote. The UNP and SLFP ran a poor second and third.

But reckless, ill- managed government, rampant corruption and sheer incompetence led to the Rajapaksa nemesis and Sri Lanka’s bankruptcy. Never has Sri Lanka, ranked a middle income country, reached the depths to which it has plunged today. The majority of the people, mostly the poor, are facing untold hardship. Food prices have galloped through the roof. The latest World Food Program (WFP) assessment reveals that 86 percent of Lankan families are buying cheaper, less nutritious food, eating less and in some cases skipping meals altogether. Before the economic crisis and the pandemic, malnutrition rates across the country were already high. There is no need to labour over the cascading effects of the fuel crisis and the kilometers long queues for diesel and petrol. The present improvements can last only as long as we can borrow the dollars to continue supplies.

There is no signal from the president or the government that a serious effort at course correction will be made at least on the political front. The attempted All Party Government is certainly not going to be lean. Abject failures and suspect personalities are back in office and the country fears there will be more of it. Those within the incumbent parliament, judged by the knowledgeable as competent, are unwilling to take political office. President Wickremesinghe is doing his best, but will that be enough?

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