Features
Serious flaws in Geneva resolution

By Neville Ladduwahetty
Resolution A/HRC/46/L.Rev.1 dated 16 March 2021 has been adopted by the UN Human Rights Council based on procedures and practices adopted by Committees of the General Assembly. Of the 47 Members in the Council, 22 Member States cast an affirmative vote, 11 members opposed it, and 14 abstained. The procedure adopted does not recognize the number of votes that abstained. Therefore, adoption of the Resolution was based on 22 affirmative votes, which is less than half the 47-members in the Council. This outcome should be a cause to fault the Council for adopting a procedure that permits a Resolution to be adopted even when more than half of its members decided not to support it for whatever reason.
However, other agencies of the UN adopt other procedures. For instance, the 15-member Security Council requires nine affirmative votes for a decision to be adopted. Others who see a moral obligation to the institution they represent require half plus one for a decision to be adopted. Simple majorities in most Parliaments require half plus one of its elected members for a Bill to become Law. Therefore, there is nothing comical if perceived from another perspective, that the resolution did not secure a majority of the 47 Member Human Rights Council and furthermore, that 25 Members did not affirmatively support the Resolution. The lesson, in particular for the Human Rights Council, is that the basis for adopting a Resolution should be revisited, because the current practice allows Resolutions to be adopted by less than half the number in the Council. This is not good enough a threshold for a UN institution as vital as the Human Rights Council where much is at stake for all States.
Notwithstanding all of the above, the hard reality is that the Resolution was adopted. Another hard reality that is of serious consequence is that the adoption of the Resolution comes at a great cost to the purposes and principles of the United Nations Charter. In fact, having stated at the very outset that the Resolution is “Guided by the purposes and principles of the Charter of the United Nations …” the Resolution goes on to violate Article 1(2) and Article 2(7) of the Charter. In addition, it recalls co-sponsored Resolutions of 2015, 2017, and 2019, despite withdrawal from co-sponsorship because they violate Sri Lanka’s Constitution; a right granted under the Vienna Convention and furthermore, violates the mandate granted to the Human Rights Council under General Assembly Resolution 60/251. Under these circumstances, such a flawed Resolution should not be adopted, particularly with votes less than half the membership in the Council.
Article 1(2) states: “To develop friendly relations among nations based on respect of the principle of equal rights and self-determination of peoples…”. AND Article 2(7) states: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state…”.
Article 1(2): Right of Self-Determination
The International Covenant on Economic, Social and Cultural Rights AND the International Covenant on Civil and Political Rights state in Article 1 of their respective Covenants:
“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”.
In view of the people’s right to freely determine its political status, the Resolution of the Core-Group states: “…to ensure that all provincial councils, including the northern and eastern provincial councils, are able to operate effectively, in accordance with the thirteenth amendment to the Constitution of Sri Lanka” (Preamble to the Resolution)
COMMENT: This is a violation of the right of self-determination of a people to freely administer and govern themselves because it binds the people of Sri Lanka to a particular form of internal Government, and denies them the opportunity to self-determine a form of Local Government that best serves them. Therefore. this provision amounts to a denial of the fundamental freedom of a Peoples to govern themselves under a form of Government of their choosing. For the Human Rights Council to impose restrictions on how a Member State should govern itself is a denial of their fundamental right to self-determination.
The Preamble states: “Noting the enactment of the twentieth amendment to the Constitution of Sri Lanka, while stressing the importance of democratic governance and independent oversight of key institutions”.
COMMENT: The need to remind the people of Sri Lanka the “importance of democratic governance and oversight key institutions” is an insult in view of the fact that the amendment is a product the people of Sri Lanka have determined in keeping with their right of self-determination. Furthermore, Sri Lanka is not the only country to function under a Presidential system of government under provisions of separation of power and the internal arrangements in each are different as they are with the systems of governance in each state that supported the Resolution. Under the circumstances, the need to draw special attention to arrangements in Sri Lanka is a slur on what Sri Lanka has rightfully determined for itself.
It is indeed comical for the U.K. as the sponsor of the Resolution to “stress the importance of democratic governance”, when three-fourths (¾) of U.K. Parliament was for staying in the European Union whereas the majority of the people of U.K. wanted to leave the EU, thus laying bare the U.K.’s deficit in democratic governance.
Article 2(7): Domestic Jurisdiction
Section 2 of the Resolution states: “…implement the recommendations made by the Office and to give due consideration to the recommendations made by the special procedures ….”
Section 7 of the Resolution ‘expresses serious concern at the trends emerging over the past year, which represent a clear early warning sign of a deteriorating situation of human rights in Sri Lanka, including the accelerating militarization of civilian government functions; the erosion of the independence of the judiciary and key institutions; ongoing impunity and political obstruction; policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; restrictions on media; freedom, and shrinking democratic space; arbitrary detentions; alleged torture and sexual and gender-based violence’.
COMMENT: Section 7 of the Resolution is influenced by the Report of the Office of the High Commissioner. It contains comments and observations that violate provisions of Article 2(7) of the UN Charter in respect of issues that are “essentially within the domestic jurisdiction of any state” cited above.
Unlike under normal circumstances, the literal interpretation of Article 2(7) that prohibits UN from intervening in issues domestic as enunciated by Professor Kelsen and others of similar view, is justified under the extremely extraordinary background that Sri Lanka and the rest of mankind had to face due to the COVID-19 pandemic. This view was underscored by the UN when it decided NOT to intervene in issues domestic relating to how member states coped with the COVI-19 pandemic. What the Resolution addressed instead was the situation that prevailed in Sri Lanka in the background of a terrorist attack by Muslim extremists in 2019, and the measures adopted to cope with the pandemic in the absence of international guidelines that the UN should have spearheaded.
The extraordinary circumstances referred to above started with a new President being elected in November 2019. A bare two months later, starting January 2020, Sri Lanka encountered its first COVID-19 patient. Until August 2020 when a new Parliament was elected, it was the Executive that had to deal with the unprecedented challenges of COVID-19 pandemic.
In fact, most countries were at a loss as to what strategies to adopt to deal with the pandemic. Furthermore, a fact that should not be overlooked is that during the period of review by the Council, the Legislative and Executive Branches of the government in Sri Lanka had existed only for four months.
At the end of the day, governments have to make hard choices. In the background of a raging pandemic the choice is whether to implement strict controls by deploying personnel known for their ability to ensure strict adherence to health guidelines, or to relax them. Those countries that have decided to leave it to individuals as a matter of individual choice have experienced far more deaths than countries such as Sri Lanka that decided otherwise. Are they guilty of fratricide? To fault elected representatives for the choices they made in the fulfillment of their responsibilities to their people, is to place individual choice at a premium over state-initiated guidelines to contain a global crisis. Not to recognize the positive results in terms of lives saved because of the measures adopted by the government is not to recognize the most fundamental of all human rights which is right to life.
The impression conveyed upon perusing the list of societal shortcomings cited in Section 7 is that they are unique to Sri Lanka. On the other hand, over the span of one year there would be instances of societal shortcomings similar to those cited in Section 7, in every country. For instance, in other countries too, policies exist that affect freedom of religion or belief; marginalization of persons or groups; restrictions on media freedom; shrinking democratic space; sexual and gender-based violence etc. Such shortcomings exist, albeit to different degrees, in all of the 22 countries that supported the Resolution despite the existence of independent institutions, or how liberal and democratic their policies are. Therefore, what is so special or unique about Sri Lanka for it to deserve special attention?
Mandate of the Human Rights Council
Section 6 of the Resolution states: “Recognizes the importance of preserving and analyzing evidence relating to violations and abuses of human rights and related crimes in Sri Lanka…and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law…and to support relevant judicial proceedings in Member States with competent jurisdiction”.
COMMENT: The Human Rights Council has NO MANDATE nor the COMPETENCE to collect evidence relating to international humanitarian law or to support judicial proceedings in Member States. The Council is expected to function within the mandate stated in UN Resolution 60/251. The relevant provisions are:
3. Decides also that the Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon. It should also promote the effective coordination and the mainstreaming of human rights within the United Nations system;
4. Decides further that the work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development…”.
The mandate of the Council does not authorize it to share its findings with other Member states for them to engage in judicial proceedings because it violates the “principle of equal sovereignty” (Article 1(1) of the Charter. If they do, what about the evidence sequestered for thirty years? Instead, what the Council is supposed to do, is to make recommendations to the states concerned. By focusing on Sri Lanka, the Council is being selective, thus violating the principles it is supposed to follow as stated in Paragraph 4 cited above.
A fact that should be borne in mind is that no investigations that could lead to a prosecution would be possible, using any evidence gathered for the purpose of future accountability exercises because access to victims and witnesses would not be possible due to Paragraph 25 of the OISL Report relating to confidentiality in the OISL Report.
CONCLUSION
Resolution A/HRC/46/L.Rev.1 dated 16 March 2021 has been adopted by the UN Human Rights Council based on the procedures and practices adopted by Committees of the General Assembly. Since the procedure adopted does not take into account the 14 abstained votes, the 22 members who supported the resolution prevailed over the 11 that opposed. Consequently, the procedure adopted enabled the Council to adopt the Resolutions based on votes that were less than half of the 47-member Council.
While the procedure adopted by the Council is acceptable for Committees of the General Assembly, the Human Rights Council is in a league by itself. Since its decisions impact on nearly every aspect of human life, the procedures and practices it adopts should be unique and stand alone. Another Council of similar standing is the Security Council. The procedure adopted by them is that out of its fifteen members at least nine should vote affirmatively for a decision to be adopted. Democratic Parliaments require half plus one of its members for a Bill or decision to have any legitimacy. Therefore, Sri Lanka should take the initiative to table a Resolution in the General Assembly calling on the Human Rights Council to take a fresh approach in the adoption of Resolutions. The outcome of such an approach should as a minimum be that even if the abstaining votes are not recognized, no Resolution should be adopted without half plus one of its members casting an affirmative vote for it to have any legitimacy i.e., more than 24 affirmative votes.
Having stated at the very outset that the resolution is “Guided by the purposes and principles of the Charter”, the Resolution goes on to violate Article 1(2) and 2(7) of the Charter, right of a State to withdraw from an undertaking if it is in conflict with the “internal law of fundamental importance” to the State based on a right granted under Article 46 of the Vienna Convention, and violates the mandate granted to the Human Rights Council. If a Resolution violates the stated purposes and principles of the UN Charter, the General Assembly should take note and declare such a Resolution unadoptable.
The call on the Sri Lankan government to hold Provincial Council elections and to ensure that all Provincial Councils operate effectively in accordance with the 13th Amendment is a violation of Article 1(2) because it denies the right of self-determination to institute local government arrangements that suit them best and to bind the people of Sri Lanka to internal arrangements of governance set by external entities.
Article 2(7) does not “authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state…”. In keeping with this provision the UN did NOT intervene in the decisions taken by member states to handle the enormous challenges arising from the COVID-19 pandemic. Having stayed in the sidelines they have decided to single out Sri Lanka to document what the Council determines as shortcomings in the manner Sri Lanka coped with the crisis presented by the COVI-19 pandemic in a background of a Muslim terrorist attack that denied the fundamental right to life of hundreds.
The resolution is not binding on Sri Lanka. Furthermore, as stated above it violates certain provisions of the UN Charter and holds Sri Lanka to commitments it withdrew from on legitimate grounds. What Sri Lanka could do is table a Resolution in the General Assembly highlighting the issues at stake and seek redress. In addition, such a Resolution should propose a revision on the lines suggested above to the procedures adopted by the Human Rights Council in respect of how it decides to adopt Resolutions since current procedures are totally inappropriate for an all-important institution as the Human Rights Council.
Features
Tree planting along road reservations and banks of streams

Reservations of Roads & Natural Streams which extend to about 10 to 20 on either side are not actively protected in Sri Lanka though it is very common in other countries. Those reservations are owned by the government. Therefore, public use of this land can be considered as a fair use of the land. Main purpose of this proposal is to introduce an intervention to connect the Forest Patches in urban areas such as Gampaha using the reservations of roads and natural streams, by planting trees so that those strips could also act as Urban Bio Corridors while enhancing the tree cover at national level. These trees also absorb the fumes emitted by vehicles while addressing global warming caused due to lack of tree cover. It also serves as a roof top for pedestrians who use reservations along public roads while adding aesthetic value to the area. Enhancing the community awareness about BioDiversity of Sri Lanka and the importance of maintaining a clean environment along road reservations is also another objective of this type of intervention. This intervention also addresses the needs of all sectors of the local communities.
Concept
The Green Road is a relatively new concept for roadway design that integrates transportation functionality and ecological sustainability. This project addresses the transport sector also because it facilitates Environmentally Sustainable Transport (EST) for local people. Therefore, Provincial Road Development Authority (PRDA) is the ideal institute to implement this project. It is also possible to introduce cycle tracks along stream banks as short cuts by improving the banks of natural streams as roads. This intervention would reduce vehicle congestion in main public roads while supporting Clean Sri Lanka programme because local communities themselves become watch dogs against culprits who pollute road reservations and water bodies of natural streams.
Already implemented projects in Mahaweli Areas
In Sri Lanka, the concept of Bio Corridor was introduced in 1988 under a Project called Mahaweli Agriculture and Rural Development project implemented in System B under an USAID funded programme. Similar to highways which connect main cities, in this case the Bio Corridors were introduced as “Bio Highways” connecting fragmented forest patches (“Bio Cities”) in paddy field areas. At the same time those corridors were improved as Cycle Tracks for the local farmers.
Figure 1 indicates the present status of a tree plantation programme implemented in Mahaweli Area (Thambuttegama) in the 1980s along newly introduced roads.
Past Experience of PRDA (WP) related to similar interventions
In 2010, similar intervention was introduced in Gampaha District in parallel with a flood mitigation project implemented by the Provincial Road Development Authority (WP). For example, while Uruwal Oya running adjacent to Gampaha Urban Area was improved to mitigate floods, riparian tree belt areas were also introduced. Later, parts of that stream running adjacent to Gampaha Town were improved as Recreational purposes such as jogging tracks for urban communities. As an additional benefit, it was expected that the shades provided by riparian tree cover would discourage growth of invasive plants such as Japan Jabara, which clogs the drainage outlets resulting in floods in urban areas.
by Eng. Mahinda Panapitiya
Features
Has Compass lost direction?

Sri Lankan voters have excelled in the art of changing governments in executioner style, which they did in many elections including that of 1977,1994, 2015, 2019 and, of course, 2024. They did so, giving massive majorities to parties in opposition that had only a few seats, because the preceding governments were so unpopular. It invariably was a negative vote, not a positive vote-endorsing policies, if any, of the incoming governments, the last election being no exception. NPP, contesting under the compass symbol, was essentially a revamp of the JVP and their main strategy, devoid of any specific policies, was throwing mud at opponents and promising a transparent, corruption free government. They made numerous promises on the hoof. Have they stood up to the challenges?
What the vast majority of the public wanted was a significant reduction in the cost of living, which has spiralled out of control due to the misdeeds of the many preceding regimes, resulting in near starvation for many. The NPP promised to renegotiate the deal with the IMF to give relief to the masses but soon found, to their dismay, that it was a non-starter. Of course, the supporters portrayed it as a display of pragmatism! They promised that the price of fuel could be slashed overnight as it was jacked up by the commission earned by the previous minister who was accused of earning over Rs 100 for every litre! It has not happened and the previous minister has not received the apology he deserves. The cost of living remains unbearable and all that the government continues to do effectively is slinging mud at opponents.
To the credit of the NPP government, financial corruption has not set in, but it cannot be forgotten that most previous governments, too, started this way, corruption setting in later in the cycle of government. However, corruption in other forms persist contrary to the promises made. Had the government sacked the former speaker, the moment he could not justify the claimed PhD, it could have claimed high ground and demonstrated that it would not tolerate corruption in any form. For some reason, unknown to the public, he seems to have a strong hold on the party and he seems indispensable!
As for bringing to justice those previously corrupt, only baby steps have been taken. During the election campaigns AKD promised to get Arjun Mahendran from Singapore within 24 hours of his election and now they are blaming the Singapore government! It looks as if promises were made without any idea as to the practicality of implementation. According to social media posts circulated, the list of assets held by Rajapaksas would have made them richer than Elon Musk! A lady lawyer who described in detail, during the election campaign, the wealth amassed in Uganda by Rajapaksas admitted, after her election, that there was no basis. Her justification was that the NPP government ensured free speech; even to tell lies as the truth.” Government media spokesman has just admitted that she lied about the cost of new year text messages sent by previous presidents and she remains an ‘honourable’ MP!
As far as transparency is concerned, Compass is directionless. MoUs/Pacts signed with India, during the recent visit of PM Modi shines bright with opaqueness! After giving various excuses previously, including that those interested could obtain details by making requests under the Right to Information Act, the official cabinet spokesman’s latest is that it needs the permission of India to release details. This makes one wonder whether there is a lot to hide or it may be that, de facto, we are already under the central government of India and that AKD is just the Chief Minister of the 29th state!
Whilst accusing the predecessors of misuse of power, the NPP does the same thing. AKD’s statements that he would be scrutinizing allocation of funds to local bodies, if opposition parties are elected, surely is an indirect threat to voters. Perhaps, it is not an election offence as the Elections Commission has not taken any action despite complaints!
Whether the exposition of the Tooth Relic, which was done in a mighty hurry, to coincide with the mini-election campaign would backfire remains to be seen. As it was done in a hurry, there was no proper planning and even the basic amenities were not provided to the thousands who queued for days. AKD, as usual, was quick with a political gesture by the unplanned visit meeting those in the queue. What he and his government should have done is proper planning but, instead, government supporters are inundating social media blaming the public for bad behaviour!
To cap this all is the biggest faux pas of all; naming the mastermind of the Easter Sunday attack. AKD built up expectations, and the nation was waiting for the exposure on 21 April, which never materialised. His acolytes are doling out excuses. Dr Nalinda Jayatissa was as evasive as possible during his post-cabinet meeting briefing. Perhaps, there is no mastermind other than those identified by all previous investigations including that by the FBI. All that the president did was handing over the Presidential Commission of Inquiry report to the CID. The acting IGP appointed a committee of three to study, but the next day a fourth person was added, a person who is named as one of those who did not act on intelligence received!
Perhaps, as an attempt to give credence to the allegations made in the Channel 4 programme, Pillayan was arrested. Though it was on a different offence, the alleged abduction of the former chancellor of the Eastern University, Minister Wijepala had the audacity to state in the parliament otherwise. Pillayan has been detained under the PTA, which the NPP promised to abolish! The worst is the campaign of character assassination of Udaya Gammanpila who has decided to represent Pillayan. Dr Jayatissa, who has never practised his profession, took exception that Gammanpila, who has not practiced as a lawyer, is representing Pillayan. Gammanpila has corrected him by listing the cases he had been involved in. In any case, Gammanpila need not be in court but get a set of lawyers to defend, if and when, a case is filed. It begs clarification, the ministerial comment that Gammanpila should be ashamed to represent Pillayan! Has the government already decided the guilt of Pillayan?
Compass has lost direction, indeed, and far too soon!
By Dr Upul Wijayawardhana
Features
Canada holds its own as Americans sour on Trump

On Monday, April 28, Canadians gave the Liberal Party its fourth successive mandate, albeit as another Minority Government but much stronger than in the last two elections, and, more importantly, with a different Prime Minister. Justin Trudeau who had been Prime Minister from 2015 was forced to resign in January 2025 on account of his perceived electoral unpopularity. Trudeau was succeeded by Marc Carney, 60 year old former Governor of the Bank of Canada and later the Bank of England, who dramatically revived the falling fortunes of the Liberal Party and secured its fourth mandate in 10 years.
The Liberal Party and Prime Minister Mark Carney owe their good fortunes to the presidential madness that is going on south of the border, in the United States of America. With his mercurial obsession over tariff’s and recurrent musings about making Canada America’s 51st State, President Trump painted the backdrop to the Canadian election. Trump’s antics did not go down well with the Canadian public and in a rare burst of patriotism the people of Canada overarched their diversities of geography, language, culture, religion and ethnicity, and rallied round the Maple Leaf national flag with utmost determination to stick it to Trump and other Ugly Americans of his ilk.
People and businesses in Canada shunned American products, stopped travelling to US holiday destinations and even took to booing the US national anthem at sporting events involving US and Canadian teams. The threat of economic pain due to a tariff war is real, but Canadians are daring to suffer pain rather than become a part of the US. And Justin Trudeau showed his best leadership in his last days as Prime Minister. Combining diplomatic skill and splendid teamwork with eloquent defiance, Trudeau succeeded in forcing Trump into what has since become Trump’s modus operandi in implementing his idiosyncratic tariff policy: tariff, one day; pause, the next day; and uncertainty, extended indefinitely.
100 Days of Disaster
What he began with Canada and Mexico, Trump has since writ large upon the whole world. His second term is already a term of chaos not only for America but also for the whole world economy. The US economy is officially in first quarter contraction. Another four months, it could be a man made recession of what was in January an economy that was humming sound and was easily the best performing one in the world. It’s only 100 days of the second term, and what is left of it is looming as eternity. “Only 1,361 Days to Go,” is the cover page heading of the latest issue of the Economist. That sums up America’s current state of affairs and their global spillover effects.
Americans are beginning to sour on Trump but there is no way for them to channel their frustrations and anger to force an immediate executive retreat. Trump has reduced the Republican Party to be his personal poodle and with Republics holding slender majorities in both the Congress and the Senate, the Legislative Branch of the US is now wholly beholden its Executive. The traditional wait is for the midterm Congress elections in two years. But Trump has no respect for traditions and conventions, and it would be two years too much before a Democratic majority in the two houses could bestir the Congress to check and balance the runway president.
The Judicial Branch is now playing catch up after the Supreme Court had given Trump near absolute immunity and enabled his second coming. The lower courts are applying the law as they should and stymieing Trump’s palpably illegal orders on everything from deporting immigrants, to downsizing government, and gutting the country’s university system. The tariff cases are slowly making their way to courts and they will add more confusion to the running of the economy before some kind of sanity is restored. Overall, by upending a system of government that has been constitutionally evolving over 200 years, Trump is providing a negatively sobering demonstration that no system is foolproof if a capable fool is elected to take over the reins of government.
Fortunately for the world, other governments and polities have been quick in drawing the right lessons from the demonstration effects of Trump on their American cousins. Trump’s excesses have had a dampening effect on right wing populism in other countries. The Canadian elections are one such demonstration. Another is expected in Australia where national elections are scheduled for Saturday, May 3. In Europe, right wing populist parties are scaling down their rhetoric to avoid facing local backlashes to Trump’s American excesses.
No populist leader anywhere wants to go where Trump is blindly heading, and no one is mad enough like him to think that imposing tariffs is the way to grow a national economy. In Hungary, its strongman Viktor Orbán after securing super majorities in four elections since 2010, is facing the real possibility of defeat in the national elections next year. Orban is regressively anti-Eu while 86% of Hungarians want to strengthen their EU ties, and they are naturally getting tired of Orban’s smearing of the EU just like all Europeans are getting tired of Trump’s and his VP Vance’s anti-European rhetoric.
Canada Holds its Own
Canada, despite its proximity to the US, has never been a haven for Trump’s right wing populism. Yet there have always been and continue to be pockets of support for Trumpism in Canada, and they have found their sanctuary within the Conservative Party of Canada and behind its leader Pierre Poilievre, a 45-year old career politician who entered parliament in 2005 at the age of 25 and became Leader of the Conservative Party and Leader of the Opposition 18 years later, in 2023.
Clever and articulate with an ability to spin rhyming simplistic slogans, Poilievre cultivated his political base by feeding it on a diet of vitriolic and vulgar personal attacks and advertisements denigrating then Prime Minister Justin Trudeau. Poilievre identified himself with the 2022 truck convoy protest that stormed Ottawa, cheered on by MAGA America, and he came to be seen as Canada’s Trump-lite (not unlike Peter Dutton, the Leader of the Opposition in Australia). Nonetheless, Poilievre’s attacks on Trudeau worked in the post-Covid climate of economic hardships and Trudeau’s popularity sank to the point that his own MP’s started calling for his resignation.
Alas for Poilievre, Trudeau’s resignation in January took away the one political foil or bogeyman on whom he had built his whole campaign. In addition, while his attacks on Trudeau diminished Trudeau’s popularity, it did not help enhance Mr. Poilievre’s image among Canadians in general. In fact, he was quite unpopular outside his base of devotees. More people viewed him unfavourably than those who viewed him favourably. Outside his base, he became a drag on his party. He would even go down to defeat in his own electorate and lose his seat in parliament that he had held for 20 years.
Mr. Poilievre’s troubles began with the emergence of Mark Carney as the new Liberal Leader and Prime Minister – looking calm, competent and carrying the ideal resume of experience in dealing with the 2008 financial crisis as Governor of the Bank of Canada, and calming market nerves after the 2016 Brexit referendum as Governor of the Bank of England. Carnie, who had never been in formal politics before, seemed the perfect man to be Prime Minister to weather the economic uncertainties that President Trump was spewing from Washington. Almost overnight Liberal fortunes shot up and after resigning themselves to face a crushing defeat with Trudeau at the helm, Liberals were suddenly facing real prospects of forming a majority after two terms of minority government.
In the end, thanks to the quirky genius of the electorate, Liberals ended with 168 seats with 43.7% of the vote, and four seats short of a majority in the 343 seat national parliament, while the Conservative Party garnered 144 seats with 41.3% vote share. Both parties gained seats from their last election tallies, 15 new seats for Liberals and 16 for Tories, and, unusual in recent elections, the two parties garnered 85% of the total vote. The increases came at the expense of the two smaller but significant parties, the left leaning New Democratic Party (reduced from 24 to seven seats); and the Bloc Québécois (reduced from 45 to 23 seats) that contests only in the French majority Province of Quebec. The Green Party that had two MPs lost one of them in the election.
In the last parliament, the New Democrats gave parliamentary support to the minority Trudeau government in return for launching three significant social welfare initiatives – a national childcare program, an income-based universal dental care program, and a pharmacare program to subsidize the cost of prescription drugs. These are in addition to the system of universal public health insurance for hospitals and physician services that has been in place from 1966, thanks again to the programmatic insistence of the New Democratic Party (NDP).
But the NDP could not reap any electoral reward for its progressive conscience and even its leader Jagmeet Singh, a Sikh Canadian, lost his seat in the election. The misfortune of the NDP and the Bloc Québécois came about because even their supporters like many other Canadians wanted to entrust Mark Carney, and not Pierre Poilievre, with the responsibility to protect the Canadian economy from the reckless onslaughts of Donald Trump.
Yet, despite initial indications of a majority government, the Liberals fell agonizingly short of the target by a mere four seats. The Tories, while totally deprived of what seemed in January to be the chance of a landslide victory, managed to stave off a Liberal sweep under Mark Carney. The answers to these paradoxes are manifold and are part of the of reasonably positive functioning of Canadian federalism. The system enables political energies and conflicts to be dispersed at multiple levels of government and spatial jurisdictions, and to be addressed with minimal antagonism between contending forces. The proximity to the US helps inasmuch as it provides a demonstration of the American pitfalls that others should avoid.
by Rajan Philips
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