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Editorial

New laws alone won’t do

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Tuesday 7th December, 2021

The government is keen to amend the election laws to provide for restrictions on campaign expenditure, and President Gotabaya Rajapaksa has given the Legal Draftsman necessary instructions in this regard, Media Minister Dallas Alahapperuma has reportedly said. It is hoped that the new laws to be made will also make it mandatory for candidates and political parties to disclose sources of their campaign finance, and the amounts of funds they receive by way of donations.

Laws to regulate campaign finance are long overdue, and the government initiative is therefore welcome. However, one should not be so naïve as to expect all problems related to campaign expenditure, etc., to disappear with the introduction of a few more laws. It is one thing to make laws; it is another to enforce them properly. We already have enough and more laws to prevent election malpractices, but the problem is that they are not applied correctly and fairly.

Politicians are adept at circumnavigating laws and compassing their political ends. When the 19th Amendment was introduced, it was widely expected to enable key state institutions to emerge independent and strong. But the Constitutional Council tasked with depoliticising those outfits became a mere rubber stamp for the Prime Minister, who manipulated it to further the interests of his government. This is the fate that befalls all laws in this country.

The problem with the election laws is not that they lack teeth; instead, it is that the authorities concerned lack the courage to enforce them strictly. The results of several elections, and the 1982 referendum should have been cancelled, given widespread rigging and violence that marred them. What was witnessed before and during the presidential and parliamentary elections in the late 1980s was the very antithesis of democracy; polling agents were chased away and ballot boxes stuffed openly while the police looked on. The North-Western provincial council polls (1999) were also affected by large-scale violence and rigging, but the results were not declared null and void.

Minister Alahapperuma has said the laws to be made will help usher in a new political culture. One should not be faulted for being sceptical about the possibility of such a radical change happening in Sri Lankan politics simply because of a few more additions to the country’s huge body of laws. If the government is genuinely desirous of changing the existing, rotten political culture, it ought to follow Alahapperuma’s example anent electioneering.

The media has been watching Minister Alahapperuma’s election campaigns with interest over the years. He has had the courage to spurn the conventional campaign methods; he does not use posters, banners, bunting, etc. When he chose to swim against the tide and take the high road, not many expected him to succeed in dirty Sri Lankan politics, but he has received a very positive response from the electorate. He has thus been able to keep the cost of electioneering very low. If he can conduct decent polls campaigns under the existing election laws, and get elected, why can’t others? There are several other politicians who also conduct clean election campaigns, and the onus is on the public to appreciate their courage to be different and reward them with votes. Sending the right men and women to Parliament is half the battle in draining the swamp.

It is heartening that the government has realised the need to regulate campaign finance at last and reportedly taken steps to introduce new laws for that purpose. If the SLPP had cared to set an example to others by keeping its campaign expenditure low, it would not have had to go out of its way to scrap duty on sugar imports in a questionable manner, some moons ago, to please one of its main financiers, thereby causing a huge loss to the State coffers. This scam has damaged its image irreparably.

Now that the government has evinced a keen interest in regulating campaign finance, will the ruling SLPP disclose, suo motu, the amounts of funds it received for the 2019 presidential election and the 2020 parliamentary polls, the sources thereof and actual expenditure.



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Editorial

Independence, democracy and franchise

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Saturday 4th February, 2023

The SLPP-UNP regime is celebrating ‘Independence’ on a grand scale today while trifling with people’s sovereignty, which includes the power of government, fundamental rights and franchise. It makes no bones about the fact that it is all out to delay the local government elections and deprive the public of an opportunity to exercise their franchise. It is pulling out all the stops in a bid to throttle the electoral process by denying the Election Commission funds for conducting the mini polls scheduled for 09 March.

The government is doing exactly the opposite of what the SLPP promised in its manifestos presented to the public before the 2019 presidential election and the 2020 parliamentary polls. It does not heed public opinion at all and bulldozes its way through. Sovereignty resides in the people and all government authority emanates from them, and therefore they must be able to exercise their right to vote and thereby express their opinion on how the country is being governed. A regime that undermines people’s power of government and franchise cannot be considered democratic.

The SLPP-UNP government also stands accused of violating people’s fundamental rights. Convener of the Inter-University Students’ Federation Wasantha Mudalige, who was released on bail recently, has levelled a very serious allegation against the government. He says an attempt was made to kill him while he was in police custody. Besides, it has now been revealed that he was wrongfully arrested under the Prevention of Terrorism Act (PTA); the Colombo Magistrate’s Court has cleared him of charges pressed against him under the PTA. He is planning to file a fundamental rights violation petition against the police and others responsible for pressing trumped-up charges against him and his illegal detention under the PTA.

The incumbent dispensation has thus proved that it does not care two hoots about the people’s fundamental rights, power of government and franchise. It is therefore without any legitimacy to exercise people’s legislative, executive and judicial powers.

Mudalige’s serious allegations against the police evoke one’s dreadful memoires of the reign of terror in the late 1980s, when abductions, torture, disappearances and extrajudicial killings were the order of the day. The politicians and their hired guns who committed heinous crimes in the name of counterterrorism, in that era, and some former southern terrorists and their hit squad members are still around.

Old habits are said to die hard. It is being argued in some quarters that the wave of retaliatory violence that swept across the country following SLPP goon attacks on the Galle Face protesters on 09 April 2022 bore the hallmarks of southern terrorism the country witnessed in the 1987-89 period; widespread arson attacks on the ruling party politicians’ properties were well-coordinated and swift; they were far from spontaneous, and the same is true for the abortive attempt to take over Parliament in July last year. The UNP, which unleashed barbaric counterterrorism, is in power, and the JVP is threatening to launch a wave of protests if the mini polls are postponed.

It is said that those who do not learn from history are doomed to repeat it. The J. R. Jayewardene government made a colossal blunder by doing away with the 1982 general election, and holding a heavily-rigged referendum, instead, to retain its five-sixths majority in Parliament. Its interference with the country’s electoral process intensified public anger, which the JVP effectively tapped to fuel its second insurrection. The youth were resentful and rose against the repressive regime. Mahinda Rajapaksa took up the cudgels for the rights of the victims of state terror and returned to national politics in the late 1980s. But today, his party, the SLPP, and the UNP have closed ranks, and are apparently creating conditions for another conflagration.

If a general election had been held in 1982, that would have helped defuse tensions and release pressure in the polity, and the JVP would not have had a casus belli to take up arms and mobilise the youth.

One can only hope that the local government polls will be held as scheduled and the people provided with an opportunity to give vent to their anger democratically and jolt the government into making a course correction so that the country will not witness another catastrophe.

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Editorial

‘Slave Island’

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Friday 3rd February, 2023

Sri Lankan political leaders exude ‘patriotism’ from every pore. These rotund grandees never miss an opportunity to suck in their stomachs, puff out their chests and sing the national anthem with gusto, making as they do a public display of their brand of patriotism. We will see them in action again tomorrow, when they are celebrating what the country does not have—independence—on a grand scale.

Prime Minister Dinesh Gunawardena has, in what may be considered an outburst of patriotism with nationalism thrown in for good measure, ordered that the use of the place name, ‘Slave Island’ for ‘Kompagngna Veediya’ be discontinued immediately on account of the country’s 75th anniversary of Independence. He has decreed that ‘Kompagngna Veediya’ be used in all three languages—Sinhala, Tamil and English. Curiously, it seems to have escaped the Prime Minister’s attention that successive governments have turned the entire country into a ‘slave island’ of sorts. The incumbent dispensation has presided over the completion of the process of the country’s enslavement, which gathered momentum after the 1977 regime change and received a boost from every government thereafter.

PM Gunawardena is known for wrapping himself in the flag and his fiery oratory replete with patriotism and nationalism. He has, in his wisdom, defended the government’s decision to spend the country’s scarce resources to the tune of Rs. 200 million on tomorrow’s Independence Day extravagance in the name of patriotism. These funds could have been utilised to buy medicines and food for the sick in government hospitals.

The PM finds himself in the exalted company of a bunch of politicians who made preparations for a grand ceremony to mark the quincentennial of the arrival of the Portuguese here. Thankfully, the UNP-led UNF government was dislodged in 2004, and the event did not come to pass. So much for the present-day leaders’ love for the country and its independence!

Thanks to decades of economic mismanagement, waste, corruption, abuse of power and reckless borrowing under successive governments led by the ‘patriotic’ leaders of all political hues, the country has become a bankrupt vassal state, which has to take orders from other nations. It has to do what is good for others at the expense of its national interest and is now under Indian pressure to ensure the full implementation of a constitutional amendment that New Delhi rammed down its throat in late 1980s. When President Ranil Wickremesinghe undertook to implement the 13th Amendment fully, at a recent party leaders’ meeting, Gunawardena, who was present there, chose to remain silent!

The Mahinda Rajapaksa government, in which Gunawardena was a key figure, stood accused of turning the country into a ‘Chinese colony’ much to the consternation of India and the western powers that are averse to the rise of the Dragon. The current administration has made it a lackey of the US-led Quad (Quadrilateral Security Dialogue). When China got the Hambantota Harbour in return for a loan, the US media said Sri Lanka had been made to cough up a port. But the country has since been made to cough up a container terminal, an oil tank farm, etc., in return for financial aid, but those deals have not made headlines internationally!

Has the SLPP-UNP government, which is averse to a part of the Colombo City being called ‘Slave Island’, forgotten that the country is heavily dependent on remittances from its women reduced to slavery in West Asia. It is also the sweat and tears of women slaving away for paltry wages on estates and in factories here that fuel the export sector, bringing in much-needed forex, with which the super luxury vehicles carrying the government politicians to the venue of the Independence Day ceremony, today, have been purchased.

Let the self-proclaimed patriots in the current regime be told that they cannot hoodwink the public.

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Editorial

When ambition overtakes reality

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Thursday 2nd February, 2023

The UNP and the SLFP have started talking about the next presidential election even before the long-overdue local government (LG) polls are held. UNP General Secretary Palitha Range Bandara has recently said President Ranil Wickremesinghe will contest the next presidential election. Former President Maithripala Sirisena himself has told the media he will run for President again, and is confident of securing the presidency as he is the leader of the SLFP and the people are with him. SJB leader Sajith Premadasa has not made any such announcement, but it is clear that he will be his party’s presidential candidate. JVP leader Anura Kumara Dissanayake will not allow anyone else to contest the next presidential election and overshadow him. The SLPP is in total disarray. Former President Mahinda Rajapaksa cannot contest a presidential election again, and it is highly unlikely that ousted President Gotabaya Rajapaksa will face a presidential contest ever again. So, who will be the SLPP’s presidential candidate?

Interestingly, three of those who are expected to contest the next presidential election have been held to account by the Presidential Commission of Inquiry (COI), which probed the Easter Sunday attacks. The COI has recommended criminal proceedings against Sirisena. It says in its final report (p 265), “Based on the evidence, the COI is of the view that there is criminal liability on his part for the acts or omissions explained above. The COI recommends that the Attorney General consider instituting criminal proceedings against President Sirisena under any suitable provision in the Penal Code.” The report (pp 470-471)) says, “The dysfunctional Government was a major contributory factor for the events that took place on 21st April 2019. The Government including President Sirisena and Prime Minister [Ranil Wickremesinghe] is accountable for the tragedy.” Thus, Wickremesinghe cannot say he is free from blame for the serious security lapses that led to the Easter Sunday attacks. Premadasa and several other SJB seniors were Cabinet ministers in the Yahapalana government, and there is no way they could absolve themselves of the blame for the acts or omissions of that administration.

Sirisena himself may not have thought he would be able to secure the coveted presidency in 2015. He failed pathetically as the President so much so that he decided against seeking re-election and opted to re-enter Parliament, instead. The political forces that enabled him to realise his presidential dream are no longer with him, and most of the SLFP MPs have joined the SLPP-UNP government. Above all, there is the possibility of criminal proceedings being instituted against him over the Easter Sunday carnage unless he toes the government line. Thus, it is doubtful whether he will be able to contest the next presidential election.

Wickremesinghe is like a passenger who has undertaken to attempt a talk-down landing due to the incapacitation of the pilot and the co-pilot of the aircraft he is travelling in. He is not doing anything on his own; he is only following instructions from others. He no doubt deserves thanks for the risk he has taken and his effort, and it is the fervent hope of everyone that he will manage to make a safe emergency landing. But it is too early to say whether he will succeed in his endeavour. Everyone is on a wing and a prayer. Before facing a presidential election, Wickremesinghe will have to steer his party to victory at the LG polls and get the economy back on an even keel. These tasks are as uphill as the twelve labours of Hercules.

Premadasa, too, will have to ensure that the SJB wins the LG polls before facing the next presidential election, if he is to be seen as a winner, and whether he will be able to do so remains to be seen. Now that Dissanayake has talked the talk, very eloquently at that, he will have to walk the walk. The NPP was able to secure only 3.84% of the total number of valid votes at the last general election, and the challenge before Dissanayake will be increasing it to at least 30% at the next election for him to be considered a formidable presidential candidate.

It will be interesting to see the reaction of the Rajapaksas to Range Bandara’s declaration at issue. Last year, they wanted someone who was not a political threat to them to complete the remainder of Gotabaya’s presidential term, doing as they said, and fade away so that they could buy time to make a comeback for one of them to run for President. Has the nephew of the Old Fox outfoxed the Medmulana clan?

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