Connect with us

Editorial

Learn from the past

Published

on

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.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Editorial

From ‘traitors’ to ‘racists’

Published

on

Saturday 7th December, 2024

The Rajapaksa governments used labels such as ‘traitor’ and ‘terror sympathiser’ to vilify their political opponents. They effectively created a bogey to rally support for their repressive actions, on the pretext of protecting national security, which they made out to be their raison d’etre. They succeeded in marketing their brand of patriotism to retain their hold on power and go on enriching themselves until they bankrupted the economy, provoking the public into rising against them. Most of those who voted for them became so frustrated in the end that they switched their allegiance to the JVP-led NPP, enabling its mammoth electoral wins.

The NPP government has moved to the other extreme. It promptly dubs those who flag potential threats to national security as ‘racists’ and enemies of ethnic reconciliation in a bid to prevent its opponents from criticizing its policies and actions aimed at consolidating its electoral gains in the North and the East. Several persons have already been arrested over what the government calls the dissemination of false information to promote racial disharmony and derail its reconciliation efforts. The CID has gone to the extent of using the much-dreaded Prevention of Terrorism Act (PTA), which the NPP bigwigs condemned during their opposition days, to deal with some social media activists who have highlighted a recent commemoration of slain LTTE members, including Velupillai Prabhakaran. It is a case of using a sledge hammer to crack a nut.

Thankfully, the draconian police action against the aforesaid suspects has not passed muster with the judiciary. When some of them were arrested and produced in court, recently, Colombo Chief Magistrate Thilana Gamage pointed out that the CID should have taken action against the organisers of the commemorations at issue rather than those who reported on them. The suspects were released on bail. On Thursday, Colombo Additional Magistrate Manjula Ratnayake likened such police action to shooting the messenger, when the CID produced in court another person arrested for using social media to highlight the commemoration of dead LTTE members. That suspect was also granted bail.

If anyone abuses social media to incite racial hatred and disseminate misinformation to disrupt social order by destabilising ethno-religious relations and instigating violence, he or she must be severely dealt with, according to the law. But that task does not require the invocation of the PTA; there are enough and more other laws that can be used for that purpose. Above all, arrests must not be politically motivated, and the police must not provide their service to the politicians in power as stormtroopers or hunting Mastiffs on the pretext of bringing ‘the enemies of national reconciliation’ to justice. They must desist from making arrests at the behest of politicians. Many police high rankers unashamedly did political work for previous governments so much so that one wondered whether they had sold their souls to the rulers of the day, such as the Rajapaksa brothers, Ranil Wickremesinghe and Maithripala Sirisena. Worryingly, some of those puppets in uniform are occupying key positions in the Police Department and serving the interests of the incumbent government. No wonder they swoop on the critics of their current political masters at the drop of a hat.

The Rajapaksas realised that they had failed to fool all the people all the time, only when they had to head for the hills, with angry mobs in close pursuit, after bankrupting the country. Their method of labelling and vilifying their political opponents came with a short sell-by date. It will be a huge mistake for the JVP/NPP leaders not to learn from the dreadful experience of the Rajapaksas. Demonising political rivals is no substitute for effective governance and fulfilling promises.

Continue Reading

Editorial

Mega crises and ad hoc remedies

Published

on

Friday 6th December, 2024

Sri Lanka is facing a severe rice shortage, and the situation is bound to take a turn for the worse unless remedial action is taken forthwith. The country has produced enough paddy, according to the Department of Agriculture, and the government itself has said there are sufficient stocks of paddy! If so, why has a rice shortage occurred?

Minister of Trade and Commerce, Food Security and Cooperative Development Wasantha Samarasinghe told Parliament on Wednesday that rice millers had agreed to release 200,000 kilos of rice daily to be sold at the maximum retail price (Rs. 220 a kilo) through the Sathosa retail outlets. Implying that all necessary action had been taken to break the back of the rice crisis, Samarasinghe claimed that a banking issue that had prevented millers from increasing the amount of rice released to the market had been sorted out with a presidential intervention. He should have revealed what that issue was. The NPP leaders are beginning to sound like apologists for the powerful millers, just as their predecessors did.

Sathosa has only 443 retail outlets countrywide, and obviously they cannot cater to more than 22 million people belonging to about 5.1 million families. The Ministry of Agriculture informs us that Sri Lanka’s daily rice consumption is about 6,500 MT and the amount of rice the millers have reportedly offered to release a day is woefully inadequate to meet the demand for rice.

The harebrained manner in which successive governments have sought to tackle the rice issue exemplifies a local saying; what they have been doing is ‘like using a loincloth to control dysentery’.

The government says it has decided to lift restrictions on rice imports temporarily and the State Trading Corporation and Sathosa will import 70,000 MT of rice urgently. When imported rice stocks will arrive here is anyone’s guess, and the possibility of private importers colluding to keep the price of imported rice artificially high cannot be ruled out; the paucity of regulations as well as the impotence of governments and the Consumer Affairs Authority (CAA) allows anti-competitive practices to thrive at the expense of consumers.

In October 2024, addressing an NPP election rally in Polonnaruwa, President Anura Kumara Dissanayake declared that there were sufficient stocks of rice in the country and ruled out the possibility of importing rice. A senior economist attached to the Hector Kobbekaduwa Agrarian Research and Training Institute, reportedly informed President Dissanayake at a meeting, in October, that the country had sufficient rice stocks, according to the Agriculture Department database, and there was no need for rice imports. He brought to the notice of the President that rice shortages occurred whenever millers were asked to adhere to the prices stipulated by the CAA. Minister Samarasinghe and NPP MP and National Organiser of the All Ceylon Farmers’ Federation, Namal Karunaratne, have also confirmed that the country has sufficient rice stocks. Thus, it is clear that the large-scale millers have created an artificial shortage of rice to jack up prices.

On listening to President Dissanayake and other NPP stalwarts during their election campaigns, people must have expected them to get tough with the millers, after forming a government, and ensure that the interests of consumers and farmers would prevail. But the action they have taken to solve the rice crisis is anything but tough. The President’s recent meeting with a group of powerful rice millers responsible for market manipulations looked like a convivial confab.

When rice imports get underway, the large-scale millers usually release more rice to the market, as we have seen over the years, and imported rice remains unsold as Sri Lankans prefer local rice varieties. Most of all, changes in market dynamics cause paddy prices to fall during harvesting periods much to the detriment of farmers’ interests. Millers laugh all the way to the bank. Everything possible must be done to prevent unsold imported rice stocks from ending up as animal feed.

The government must summon courage to grasp the nettle if it is genuinely desirous of safeguarding the interests of rice consumers and paddy farmers. Ad hoc remedies and mere rhetoric won’t do.

Continue Reading

Editorial

Agents provocateurs?

Published

on

Thursday 5th December, 2024

Monday’s police attack on a group of Development Officers (DOs), who are attached to state-run schools as teachers, during a protest near the Education Ministry, Battaramulla, has given the public a foretaste of what is to come. Governments in this country readily go to any extent to safeguard their interests and nip protests in the bud to prevent them from snowballing. Only President Gotabaya Rajapaksa chose to handle protests differently; he even designated an area near the Presidential Secretariat for agitations. His strategy backfired; the Galle Face Green became the cradle of an uprising that led to his ouster. The SLPP-UNP regime under Ranil Wickremesinghe’s presidency went on the offensive and had protests crushed in the most brutal manner; in most cases, riot police personnel outnumbered protesters! The incumbent dispensation has apparently taken a leaf out of Wickremesinghe’s book in handling protests.

The DOs on the warpath are demanding that they be absorbed into the teacher service immediately. The government claims that they protested while a discussion was in progress in the Education Ministry on how to solve their problems, and the police moved in to maintain order. The protesting DOs, most of whom are believed to be NPP sympathisers, may have thought that they would be able to crank up pressure on ‘their government’ to redress their grievances expeditiously, without being roughed up by the police.

The JVP-led NPP government, whose leaders used to shed copious tears for protesters and take up the cudgels for trade union rights, has faulted the DOs for having staged what they call an unnecessary protest; it has sought to absolve itself of the blame for the police action at issue. General Secretary of Ceylon Teachers’ Union, Joseph Stalin, who took on previous governments with might and main, to the extent of crippling schools with trade union action, to win teachers’ demands, has made only a whimper of protest against Monday’s incident. Curiously, he has condemned the police action while urging the government to look into it. He has thereby sought to separate the police from the government in a sharp contrast to what he used to do; he would lay the blame for police crackdowns on workers’ protests at the feet of previous governments. He is beginning to sound conformist. The JVP trade union leaders in the current Parliament have also been critical of the protesting DOs.

There was something disconcerting about Monday’s protest in Battaramulla. Three police personnel involved in dispersing the protesters suffered cut injuries and had to be rushed to hospital. The protesting DOs were obviously unarmed, and the question is who attacked the police. Deputy Minister of Public Security Sunil Watagala said in an interview with ITN, on Tuesday night, that razor blades had been used to injure the police officers. Were the attacks carried out by some agents provocateurs who infiltrated the demonstration to discredit the protesters’ cause and provoke the police into unleashing force? If so, who sent them there? The protesters themselves caught a suspect and handed him over to the police. He was later identified as a military intelligence operative, according to a report we published yesterday.

The police and intelligence outfits usually cover protests from all angles, and even obtain drone footage to capture aerial perspectives of such events, as is known to the media. They must have done so on Monday because the DOs’ demonstration was held on the eve of the commencement of the first debate in the 10th Parliament—on President Anura Dissanayake’s Policy Statement. So, the police should be able to trace the person or persons responsible for attacking them. If they cannot find the culprit/s, who operated in the open on Monday, how can they be expected to solve far more serious crimes committed on the sly?

It behoves all trade unions leaders who are genuinely committed to serving the interests of workers and safeguarding their rights to pressure the law enforcement authorities and the government to have Monday’s attacks on the police thoroughly probed and the perpetrators thereof brought to justice immediately.

Continue Reading

Trending