by Rajan Philips
No one knows who the mice are and who the men are in the current government. But everyone knows that the best laid plans of both – for the 20th Amendment, are going astray. The amendment may still get passed, but the process which began with a bang is teetering to a whimper. The passage may well be a pathetic and Pyrrhic victory. The Administration will have to show how the restored presidential powers (not that they needed any restoration) are going to dramatically change the government’s scrambling responses to the resurgence of Covid-19 and the economic crises.
Basil Rajapaksa may still return to parliament as a dual citizen of Sri Lanka and the US, but many a face will be made behind MPs’ masks on the government side in parliament, while the opposition MPs will keep their masks and howl Basil greetings at any and every opportunity. Face making behind masks will extend to cabinet meetings. To be fair, the dual citizen will also be at liberty to make return faces at his patriotic detractors from behind his own mask.
All in all, it will be a subdued return by Basil Rajapaksa (BR) to parliament and not the triumphant one that he might have been looking for. Most people in the country will see the return of Basil Rajapaksa to parliament without relinquishing his US citizenship as the only outcome from the 20th Amendment. They will be hard pressed to see any other significant or nationally beneficial outcome. The most significant development so far on the 20th Amendment front is the opposition to it emanating from within the government’s own ranks in parliament and from within its support fortresses outside parliament.
The government has virtually won the Supreme Court battle, even managing to allegedly leak the Court’s ruling to the media before it was presented to parliament. It is still confident of mobilizing a two-thirds majority in parliament. But outside those forums, the government is losing credibility. There are mini revolts in the temple, and a Catholic Action that is different from the 1960s. Severally and together, the two new developments will have interesting implications for the 21st century Rajapaksa yugaya in Sri Lankan politics. It is already into two decades, the common span for dominant family politics. Nascent signs of Rajapaksa fatigue in the body politic are not too inconspicuous.
There have been daily waves of disenchantment. The first to emerge was at the government parliamentary group meeting on Friday, October 9. After the weekend, on Monday October 12, came the salvo from the Amarapura-Ramanna Samagri Maha Sangha Sabha. The Catholic Bishops’ Conference came out on Tuesday, October 14, calling for the full withdrawal of the 20th Amendment and a new national endeavour towards yet another new constitution. The National Christian Council made its views known on Wednesday, October 15, and on the same day the Women and Media Collective released a detailed statement on the flaws of the 20th Amendment. There may have been others after I finished writing this piece on Thursday.
While all these objections are quite substantial, the statement of the Amarapura-Ramanna Sabha included an excellent summary of the positive accomplishments of the 19th Amendment. The five 19A accomplishments listed by the Sabha are worth more than a few looks: (1) Re-introducing the Constitutional restriction for two terms for a President by Article 31(2), which had been removed under the 18th Amendment; (2) Restricting foreign citizens from becoming Members of Parliament or President by Article 91 (c) XIII; (3) Establishment of a Constitutional Council to oversee appointments to important positions in public service; (4) Establishment of Independent Commissions by Article 41 (b) VI; and (5) Subjecting the appointment of Judges to superior courts by President, to the approval of the Constitutional Council by Article 41 C.
One omission in the list, from the standpoint of separation of powers, is 19A’s check on the President’s power of dissolution over parliament. There is as much innocence as there is ignorance on this matter, at every level and in all branches of the state. The 1972 Constitution gave the President, then only a Head of State, the flexibility to deny a Prime Minister’s request for dissolving parliament within a year after a general election. This provision was included solely based on the experience of the 1960 March and July parliamentary elections, and to avoid a repetition in the future. JR Jayewardene quite mistakenly borrowed the 1972 provision and turned into a presidential power to dissolve parliament any time after one year of a parliamentary election. This power of dissolution is utterly incompatible with the separation of powers which JRJ proudly enshrined in the 1978 Constitution.
The 19th Amendment virtually eliminated the power of dissolution by precluding the President from dissolving parliament for four and half years (after an election) unless requested by a parliamentary resolution passed with two-thirds majority. The 20th Amendment first rescinded the 19A change, and is now offering a compromise under which the President cannot dissolve parliament for two and a half years (instead of four and half) unless requested by a parliamentary resolution passed with a simple majority (not two-thirds majority).
For separation of powers to mean anything the executive should have no power of dissolution over the legislature. That is the system in the US, where there is a ‘non-dissolution’ Congress, that faces elections at prescribed intervals – two years for the House; and a staggered term of six years in the Senate, with elections held every two years for a third of the Senators. Every leap year, the Congress elections coincide with the presidential election which is held every four years.
A practical approach in Sri Lanka would be to hold presidential and parliamentary elections at the same time every five years. The two elected institutions will have to learn to work together between elections regardless of who holds the majority in parliament. If they cannot, one of them will have to go. And it cannot be parliament unless the President’s spoken word becomes law, which would be transmitted orally, and the country is rendered legally illiterate. No pettifogging for fees over written laws, and no fussing over a written constitution.
A common point of contention among all critical government supporters is the 20th Amendment’s removal of the 19A provision barring dual citizens from becoming MPs or Presidents. Vasudeva Nanayakkara momentarily found his long-lost young voice in picking apart the ad hominem Basil clause at the government parliamentary group meeting. The Minister of Health Pavithra Wanniarachchi reportedly contradicted Vasu and spoke out for BR, calling the 19A provision a mala fide insertion targeting the Rajapaksas. She is specially qualified to talk about mala fide constitutional clauses while (nominally) presiding over bona fide staffing maladies in the Ministry of Health and the Medical Research Institute. Per usual, Mahinda Rajapaksa had to step in to partially salvage the matter by offering to remove the dual-citizenship restriction only for MPs but retain it for future presidential candidates.
But that does not seem to be satisfying anybody. The whole absurdity of the original Basil-clause is in the mockery it makes of the supreme sacrifice that Gotabaya Rajapaksa had to make in relinquishing his US citizenship to become president of Sri Lanka. As originally drafted, by the still unknown ghost drafter, the Basil-clause would render any dual citizen to be eligible to be a presidential contender in future. For now, the Basil-clause will primarily serve Basil to become a nationally listed, but unelected, dual citizen MP. Should he decide to have a kick at the presidential can down the road, he may have to figure out a new scheme to score that future goal. He will have no problem finding a creatively pleading lawyer and a creatively receptive bench to make things happen as and when they are needed. There will be little purchase, however, among the people. They are nervous about the virus, anxious over economic uncertainty, and are getting tired of amateurish constitutional games.
It is fair to say that the discrediting of the 19th Amendment is entirely attributable to the joint failure of Maithripala Sirisena and Ranil Wickremesinghe. It should be equally fair to say that with the two men themselves discredited and out of the picture (albeit Sirisena is still loitering in the shadows of the SLPP), and the government rushing to repeal and replace 19A including many of its positive provisions, informed sections of the public are standing up to defend the threatened provisions.
The government’s pathetic purposelessness behind the 20th Amendment was demonstrated fittingly by the principal Rajapaksa sidekick, GL Pieris, at the government parliamentary group meeting where he apparently argued that 20A is necessary because the IGP and the Attorney General cannot be removed from their posts under 19A. No one took the old law professor seriously; nor did anyone take Pieris’s politically aspiring understudy Ali Sabry seriously. According to multiple media reports, Pieris and Sabry co-anchored a power point presentation to the group to explain the nuts and bolts of the Twentieth Amendment. Those who had misgivings were not impressed. And they asked questions.
President Rajapaksa was also not impressed by those who dared to ask questions. That seems to be the main takeaway from the meeting in the many reports about it. The President reportedly went on the attack as the best of form defense, with or without the portfolio, and especially harsh on Gevindu Kumaratunga, the viyathmaga advocate of a brand, new constitution. “I want to deliver,” was a presidential refrain throughout the meeting, according to multiple reports.
Somehow, the President has got it in his head that the 20th Amendment should also be one of his deliverables. He has also got in his head that a whole new constitution is an even larger deliverable that is expected of him. These burdens are quite unnecessary, even unfortunate. Nobody expects Gotabaya Rajapaksa to be a 21st century Colvin R de Silva, or JR Jayewardene.
Hopefully, it is not too late before President Gotabaya Rajapaksa realizes either on his own counsel, or others’ advice, that people will not hold it against him if he does not deliver either on 20A or a whole new constitution. What the people will not forget, or electorally forgive, would be the President’s failure to protect their health from the coronavirus and protect their households from economic destitution. Anything less will not pass muster with the public. The widespread criticisms against the 20th Amendment are not going to bring down the government. But they are strong warnings of future storms.
Solidarity and Aragalaya: A few thoughts from an educationist’s perspective
by Harshana Rambukwella
Very little in Sri Lanka at the moment inspires hope. We are facing an existential crisis that was inconceivable just six months ago. Sri Lanka is also, ironically, just a year away from marking the 75th year of its independence. As we reflect on these seven decades of postcolonial nation building, and as we confront a future of extreme precarity, our scorecard as a country is not a proud one. Much blood has been spilt in the name of postcolonial nation building and the ethno-nationalist conflict that shaped almost three decades of that history and two youth rebellions against the state speak to a history of division and enmity. While our current predicament cannot be entirely attributed to this conflictual history alone, it surely played more than a small role in shaping our present misery. It is within this context that I want to offer this brief set of reflections on what I feel is an unprecedented form of solidarity that has emerged in Sri Lanka as the aragalaya took shape. While I do not want to romanticize this solidarity because it is a highly contingent phenomenon and is shaped by the extreme nature of the current political and economic conditions, it offers us as a society, but more specifically as educators, something to reflect on as we try to imagine our role in a society that faces a painful process of rebuilding and recovery (though my hope is that such rebuilding and recovery does not mean the repetition of the tired old neo-liberal script we have followed for decades).
Before I explore what I mean by solidarity within the aragalaya, let me briefly reflect on solidarity as a concept. Solidarity is a term sometimes deployed in geopolitics. Particularly in this time of global turmoil where not just Sri Lanka, but many other countries are experiencing serious economic challenges, we see nations expressing solidarity with or towards other nations. However, such solidarity is almost always shaped by instrumental motives. This is what we might call a form of ‘vertical’ solidarity where more powerful and wealthy nations extend a ‘helping hand’ to their more unfortunate counterparts. Therefore, when India says ‘neighbourhood first’ and expresses solidarity with Sri Lanka in this time of trouble one can easily discern this as a hierarchical gesture shaped by instrumental motives. It is in reality, India’s strategic geopolitical interests that largely dominate this narrative of solidarity though one cannot disregard the critical importance of the assistance extended by India and other such ‘powerful’ nations in this time of national distress.
Another form in which solidarity manifests is through what some scholars have termed ‘enchanted’ solidarities. This is literally and metaphorically a distant form of solidarity where intellectuals, activists and others extend solidarity towards a struggle they perceive as deserving their support but without truly understanding the context in which they are intervening. This has often happened with ‘first world’ academics and intellectuals expressing solidarity towards ‘third world’ struggles which they felt were ideologically aligned with their beliefs. One example is how many liberal and leftist intellectuals supported the rise of the Khmer Rouge in Cambodia, believing it to be an anti-imperial liberation movement, only to become disillusioned with the movement as they began to see the full horror of the repression and violence unleashed by the Khmer regime. I think if we reflect on Sri Lanka’s postcolonial history, we can also find many such moments where enchanted solidarities were expressed towards various movements from people in the ‘metropolitan’ center with little understanding of the nuances of the politics on the ground.
Premised against both vertical and enchanted solidarities, scholars have also proposed what is called ‘disenchanted solidarity’. By this they mean a situation where diverse groups, sometimes with very different political and ideological agendas, come together to fight for a common cause. They are often critically conscious of their differences but face a common precarity that pushes them together to struggle and align in ways that were not possible before. Often such moments are also underwritten by anger, though the sources of anger or the objects towards which the anger is directed could be different. I would like to read the aragalaya through this lens of disenchanted solidarity. Particularly at the height of the Galle Face ‘Gota go gama’ protests – before the brutish May 9th attack symbolically ‘killed’ something of the ‘innocence’ of the struggle – there was a sense in which the different groups represented in that space were expressing solidarity towards a singular goal – getting rid of the Rajapakasas and a political system they saw as deeply corrupt – there was anger and a gathering of disenchanted solidarities. For many middle-class people, the aragalaya was a way in which to express their frustration at the lack of the basic necessities of life – be it gas, electricity and fuel – and how a corrupt political class had robbed them of their future. For those with longer histories of political activism such as the IUSF (the Inter University Students Federation) or youth activists from the Frontline Socialist Party or the JVPs youth wing or the many trade unions that supported the aragalaya, this moment in some ways represented the culmination, and perhaps even a vindication, of their longstanding struggles against a political, social and economic order that they consider fundamentally unfair and exploitative. Of course, within this larger narrative, there were and continue to be pragmatic political calculations, particularly from groups affiliated with political parties. At the same time, we also witnessed ethnic and religious minorities, often historically marginalized in Sri Lanka’s social and political mainstream finding a rare space to express their anger at the ways in which they have been discriminated against. However, the argalaya gave them a rare space to do so by channeling their anger as a form of solidarity towards the common goal of getting rid of the Rajapaksa dynasty and the corrupt political system as a whole.
But at the same time, we also saw the tenuous nature of these disenchanted solidarities in the aftermath of the 9th May attack on ‘Gota go gama’. Initially we saw another spectacular display of organic and spontaneous solidarity when health workers and office workers abandoned their workstations and rushed to ‘Gota go gama’ when news of the attack broke. But by the evening of that day the story had turned more insidious with a wave of attacks against the properties of politicians and others thought to have been involved in the attack against the peaceful aragayala participants. While we may understand and even empathize with this backlash, its violent nature and what appeared to be other instrumental motives driving it, such as the looting and revenge attacks, made it difficult to associate it with the moral principles that had animated the aragalaya thus far.
Thereafter, at the current moment I am writing, the aragalaya also appears to have lost some of its vital energy as the political configuration has shifted and the tragi-comedy of Sri Lanka’s realpolitik with its underhand deals and political mechanizations seems to have regained the upper hand.
However, what does this mean? Does it mean post May 9th the aragalaya has lost its meaning and purpose or can we push our analysis a little deeper. At this point I would like to introduce one final way in which scholars have discussed solidarity which I feel is appropriate to understand the aragalaya and the spirit that underwrote it and continues to underwrite it. This is what some scholars have called ‘deep solidarity’ – a situation where in today’s neo-liberal context where the vast majority of the population come to a realization of their common social and economic predicament and realize their common enemy is the symbolic ‘one percent’ or an insidious nexus between crony capital and political power that disempowers them. This is of course an idealistic conception but one which I feel holds true at least partially to this moment in Sri Lanka. People from widely varying social and economic strata, from different religious persuasions and people with wildly different ideological and political beliefs have been suddenly pushed together. They are all standing in the never-ending petrol and diesel queues, they are desperately hunting for the next cylinder of gas and increasingly many of them are going hungry. The privileges and the divisions that once defined them, no longer seem to be so ‘real’ and the one stark reality confronting them is a form of existential annihilation. I believe within the aragalaya we can glimpse traces of this deep solidarity and as an educationist I think it is our vital task to think of creative ways in which we might sustain this solidarity, grow it and nurture it, so that we can at least ‘imagine’ a better future. These are idealistic sentiments, but at least for me, such hope, is a political and pedagogical necessity of the current moment.
Harshana Rambukwella is attached to the Postgraduate Institute of English at the Open University of Sri Lanka
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies
No solutions to nation’s problems from draft constitutional amendment
by jehan perera
The three-wheel taxi driver did not need much encouragement to talk about the hardships in his life, starting with spending two days in the petrol queue to get his quota. He said that he had a practice of giving his three children a small packet of biscuits and a small carton of milk every morning. But now with the cost tripling, he could only buy one packet of biscuits and his three children had to share it. This is because their beloved country is facing one debacle after another for no fault of those kids or the larger nation. The latest is the failure of the government to make headway in accessing either IMF funding or other funding on any significant scale. Several countries have made donations, but these are in the millions whereas Sri Lanka requires billions if it is to come out of its vicious cycle of a dollar shortage.
There was much anticipation that the appointment of Prime Minister Ranil Wickremesinghe would bring in the billions that are desperately needed by the country if it is to obtain the fuel, food and medicines to keep the people healthy and the economy moving. But things have not worked out in this manner. The pickings have been slim and sparse. The IMF has given the reasons after the ten day visit by its staff to Sri Lanka. They have specifically referred to “reducing corruption vulnerabilities” in their concluding statement at the end of their visit. The international community in the form of multilateral donors and Western governments have prioritized political stability and a corruption-free administration prior to providing Sri Lanka with the financial assistance it requires.
The pressing need in the country is for the government to show there is political stability and zero tolerance for corruption in dealing with the prevailing crisis. It is not enough for government leaders to give verbal assurances on these matters. There needs to be political arrangements that convince the international community, and the people of Sri Lanka, that the government is committed to this cause. Several foreign governments have said that they will consider larger scale assistance to Sri Lanka, once the IMF agreement is operational. So far the government has not been successful in convincing the international community that its own accountability systems are reliable. This is the main reason why the country is only obtaining millions in aid and not billions.
The draft 22nd Amendment that is now before the parliament (which will become the 21st Amendment should it be passed) would be a good place for the government to show its commitment. The cabinet has approved the draft which has three main sections, impacting upon the establishment of the constitutional council, the powers of the president and dual citizenship. However, the cabinet-approved draft is a far cry from what is proposed by the opposition political parties and civil society groups. It is watered down to the point of being ineffective. Indeed, it appears to be designed to fail as it is unlikely to gain the support of different political parties and factions within those parties whose support is necessary if the 2/3 majority is to be obtained.
In the first place, the draft constitutional amendment does not reduce the president’s power in any significant manner. The amendment is drafted in a way that the reduction of presidential powers will only occur with the next president. The president now in office, who has publicly admitted failure on his part, continues to be empowered to appoint and sack the prime minister and cabinet ministers at his arbitrary discretion. He is also empowered to appoint and dismiss the secretaries to ministries, who are the highest-ranking public service officials. In short, the executive arms of the government are obliged to do the president’s bidding or risk their jobs. This indicates the Prime Minister Ranil Wickremesinghe, whose party has only a single seat in parliament, has no independent strength, but is there at the will and pleasure of the president.
In the second instance, the draft amendment was expected to set up a system of checks and balances for accountability and anti-corruption purposes. The pioneering effort in this regard was the 17th Amendment of 2001 that made provisions for a constitutional council and independent commissions. According to it, the members of all state bodies tasked with accountability and anti-corruption functions, such as the Bribery and Corruption Commission, the Human Rights Commission, the Police Commission, the Public Service Commission and the appointees to the higher judiciary were to be appointed through the constitutional council. The 17th Amendment made provision for seven of the ten members of the constitutional council to be from civil society.
Unfortunately, in a manner designed to deal a death blow to the concept of checks and balances, the draft amendment sets up a constitutional council with the proportions in reverse to that of the 17th Amendment. It reveals a mindset in the political leadership that fears de-politicisation of decision making. Seven of the ten members will be appointed by the political parties and the president in a way in which the majority of members will be government appointees. Only three will be from civil society. This ensures a majority representation in the Council for government politicians, and the ensures government dominance over the political members. The composition of the constitutional council proposed in the Bill undermines the independence of the institutions to which appointments are made through the Council who will be unable to stem the wildly growing tide of corruption in the country.
It is no wonder that the furious people in the endless queues for petrol and diesel should believe that there is corruption at play in the continuing shortage of basic commodities. The government promised that ships would come in laden with fuel a week ago. Then, inexplicably, the information was disseminated that no ships were on the horizon. In any other country, except in a country like no other, the concerned leaders would have resigned. Due to the lack of fuel, perishable farm produce rots in rural farmhouses and markets in urban centres are empty and prices are rocketing up. In the meantime, the media has exposed rackets where the privileged, politically powerful and super rich, are given special access to fuel. It is patently clear that the government has failed to deliver on the results that were expected. The situation is getting worse in terms of corrupt practices.
To the credit of the Sri Lankan people, they are being patient. The bonds of social solidarity still prevail. But the anger at the self-seeking and incompetent political leaders is reaching the boiling point, as it did on 09 May. President Gotabaya Rajapaksa pledged to set up an interim government in consultation with party leaders in parliament. However, he did not do so but appointed UNP leader Ranil Wickremesinghe as Prime Minister and thereby ended efforts of other parliamentarians to form a national unity government. The president’s pledge, made in the aftermath of the cataclysmic and unexpected violence that took place that day, was to reduce his presidential powers, transfer those powers to parliament and to appoint an all-party and interim government of no more than 15 ministers. These pledges remain unfulfilled and need to be implemented to be followed by elections as soon as the situation stabilises.
Kehelgamuwa’s football skills and President Premadasa’s political sagacity
By Hema Arachi
T.B. Kehelgamuwa, the cricketer who needs no plaudits from anyone, is well known. He represented then Ceylon and, later, Sri Lanka as a fearsome fast bowler during the pre-Test era. His contemporaries still talk about Kehel with great respect. Once S Skanda Kumar, the well-known cricketer, cricket commentator and former High Commissioner for Sri Lanka to Australia, proudly told me about his playing cricket with Kehelgamuwa. Bandu Samarasinghe, a Sri Lanka film star, on a TV programme vividly demonstrated how he faced Kehelgamuwa in a Sara Trophy game. That was the top-level tournament in the country.
This note is to share my watching Kehelgamuwa playing soccer when he was not so young. Then, though his grey hair was visible, he ran fast and played hard like a teenager. This was during President Ranasinghe Premadasa’s tenure. Returning from The Netherlands, after my postgraduate studies, I lived in Pelawatta, near the Sri Lanka Parliament and my workplace – International Irrigation Management Institute headquarters. I used to enjoy walking on Parliament grounds. That day was unique because the game between the President’s soccer team, comprising parliamentarians, and the Sri Lanka Police team, was played there.
President Premadasa was well known for his political sagacity, especially in manipulating any situation in his favour. For instance, the day Anura Bandaranayake became the Opposition Leader, Premadasa, praised Anura stating, “Anura is the best Opposition Leader we have.” He further requested that Anura join the ruling party and become a minister and also marry a girl from a prominent ruling party family. But within weeks, he was critical of Anura. One day an Opposition member asked him, “You said Anura was our best Opposition leader a few weeks ago but now criticise.” His reply was this: “Yes, I said so because Anura is the best Opposition leader for us, the ruling party, not for the Opposition. For the Opposition, the best leader is Sarath Muththetuwegama!”
A few weeks before the scheduled encounter between the Parliamentarians and the Police football team, there was a game between the Parliamentarians and the Colombo Municipality team. Premadasa captained the Parliamentarians and kicked the winning goal. I remember a cartoon in a newspaper where the Municipality team goalkeeper withdrew so that Premadasa could score the goal at his will.
During the game against the Police, Premadasa did not play but visibly played the role of the coach of the Parliamentarian team. Unlike the Municipality players, the Police played the game seriously. Kehelgamuwa represented the Police team that scored five goals by halftime, and the Parliamentarian team was nil. At halftime, Premadasa replaced the Parliamentarian goalkeeper with Jayawickerama Perera. Yet, the Police team recorded a sound victory.
I thought Premadasa was upset due to this defeat for his team. But no. Premadasa claimed victory: “I am happy that my team won the game by beating the Parliamentarians today! Being the Executive President, I do not belong to the Parliament. However, as the Commander-in-Chief, the Police come under my purview, so my team won today!”
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