You are currently browsing the monthly archive for December 2014.
Appointments and Removals:
The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President SUBJECT TO APPROVAL BY THE SENATE
One of the most worrying incidents that took place during President Rajapaksa’s second Presidency had been the impeachment of the Chief Justice. She had not been the best choice for the position and the Opposition had raised questions about the appointment and her conduct, after the appointment was made. But the impeachment was badly handled, and in terms of bizarre provisions in the relevant instruments, the Constitution and the Standing Orders of Parliament. The former simply specified that impeachment should be by procedures laid down by Standing Orders, and the relevant Standing Orders had been hastily formulated when President Jayewardene wanted to put pressure on the Chief Justice he had appointed, one of his private lawyers, who had nevertheless begun to speak out against government excesses.
The leader of the Opposition was to grant that only half the required Standing Order had been set up, and since that had worked and the then Chief Justice had been subdued, the other half had been forgotten. So the provision remained that Parliament appointed a Select Committee to investigate, which involved it acting as both prosecution and judge. In the intervening thirty years it had often been pointed out that these provisions were unjust, and commitments had been made that they should be changed, but nothing had been done about this.
The Select Committee appointed by Parliament made matters worse by behaving in boorish fashion and giving the Chief Justice no time to formulate a defence. It also gave her no notice of witnesses it proposed to call, and summoned them after she had withdrawn, as had done also the opposition members of the Committee. Rulings by the Courts that the proceedings should be stayed were ignored, and the motion was duly carried, with only a very few members on the government side refusing to vote for the motion.
Though government also realized how unfair the system was, and some members pledged to change it, even while arguing that what had been done was perfectly constitutional and so could not have been avoided, all this was forgotten after the Chief Justice was removed, and Mohan Pieris installed in her place. The Speaker showed his contempt for, or perhaps just his ignorance of, Standing Orders in failing to put my proposals to amend them to Parliament. The Standing Orders themselves mandated that any such proposal to amend should be put to the House and, after being seconded, be referred to the Committee on Standing Orders, but instead the Speaker said he would refer them direct to the Committee. Since he had avoided making clear the mandate Parliament would have bestowed, he failed to summon the Committee, and got away with this for over a year. Before that, despite repeated requests, though sadly only from me, he had not summoned the Committee for three years.
I regret that I was the only Member of that Committee to make repeated requests that the Committee be reconvened. Unfortunately the Opposition Chief Whip who was on the Committee had no understanding of the importance of Standing Orders, while the TNA Representative, Mr Sumanthiran, who had worked assiduously with me to redraft about a quarter of the whole in the first three months of the new Parliament, kept quiet when meetings were suddenly stopped, perhaps because we had been too efficient. Obviously it made sense for the TNA not to bother too much to increase the effectiveness of Parliament, since that might have detracted from their main contention, that Parliament was incapable of serving the interests of the Tamil people. Read the rest of this entry »
1. In a series of articles entitled “Enemies of the President’s Promise: Mahinda Rajapaksa and the Seven Dwarfs”, you have chronicled the degeneration of the regime from its glorious days into an autocratic regime with no vision or direction for itself and for the nation it claims to protect from international conspiracies. How would you look back on the performance of the regime?
It has been extremely disappointing. Though talking to the President sometimes encouraged one to think he would move, there has been disappointment after disappointment.
2. Who are the key figures behind the powerful oligarchy within the Government that led to the birth of a system of sycophancy which virtually besieged President Mahinda Rajapaksa?
Of the seven dwarfs the worst influence was Basil, who thinks politics is about fooling people, which I don’t think was the President’s position before. He was also entrusted with all development work, but he cannot plan coherently, and thought pouring in cement would win hearts and minds. Then Namal was a destructive force, because the President does understand Basil’s shortcomings but he is incapable of checking Namal. In fact his reaction to criticism of his indulgence to the children is instructive, in trying to justify the helicopters – whereas Namal claimed they only had toy helicopters.
The two Peiris twins were sycophants of the highest order, but more to what they thought were Gotabhaya’s wishes than to the President, which led them to let down the President when he tried to do good. Gotabhaya I think more honest as a human being, but his recent political ambitions have spoiled him. Lalith Weeratunge I know regretted what was happening, but did not have the courage to set the President right, which is a pity because in his heart the President knows Lalith is the only person who can be trusted.
And finally there is Sajin, to whom the President is devoted, which beggars belief (and the nation too).
3. You were the head of the Secretariat for Coordinating the Peace Process (SCOPP) from 2007 to 2007. How would you revisit the pivotal role played by Norwegians in the peace process in general and Norwegian politician Erik Solheim in particular?
I think the Norwegians in general behaved very well, and the ambassadors I dealt with stood up to the LTTE. In my time the Monitoring Mission was headed by a Norwegian who was balanced, and helped me overcome the prejudices of some of his staff. There had been some prejudice before against Sri Lanka and its unity, most obviously on the part of a Swedish General who had headed the SLMM – I failed to get the Foreign Ministry to register protests officially about this, though I did my best. Also I think the ambassador at the time of the Ceasefire Agreement being signed was indulgent to the LTTE because he had been here in the eighties and was influenced by the excesses against Tamils of the Jayewardenepura government. Finally, I found Solheim shifty, and have said so to those who approved of him, beginning with Mr Bogollagama. It was a great pity he had so much influence at the time, because I think his agenda was always a selfish one, a view shared by the Norwegian Liberals with whom I was in contact. Read the rest of this entry »
But Vasantha was also aware of the need to strengthen Parliament. Given the usual domination of the House by members supportive of the Executive leadership, he introduced a Second Chamber which would provide other perspectives more systematically, and enable Parliament to fulfil its legislative functions with care. The Senate was to be elected on the basis of equal representation from each Province. This would strengthen inputs from the periphery into decisions made at the centre, which was essential since, whatever the extent of devolution, some decisions, including those concerning national security, would have to be made at the centre. And the TNA had indeed accepted that a Second Chamber was desirable during the negotiation of 2011.
Given however the current oppositional nature of Sri Lankan politics, the proposals had emphasized the primacy of the House of Representatives with regard to matters of finance. They also made provision, obviously necessary given what now seemed a regular occurrence in the United States, for the executive to continue governing the country in the event of Parliament failing to pass the budget.
All legislative powers of the people shall be exercised by the Parliament which shall consist of a Senate and a House of Representatives.
2. House of Representatives:
The House of Representatives shall be 200 members elected every 5 years of whom a half shall be elected from territorial constituencies on FPP basis and the balance shall be chosen by a separate vote to determine support for individual parties.
25 persons shall be selected proportionately by the political parties represented in parliament with particular regard to women, youth and demographics not represented adequately in parliament.
All bills for raising revenue shall originate in the House of Representatives.
Budget: In the event of non approval of the budget for the year, the budget of the previous year will continue to be in effect
Parliament shall have exclusive powers to make laws on subjects mentioned in the reserved list
3. The Senate:
Four Senators shall be elected at a separate election to represent each province, by the people for a term of five years.
One of my Tamil friends was recently at Temple Trees to participate in the exercises the poor President is now engaged in to try to win hearts and minds. But the experience was surreal, for discussion of substance was it seems left to Basil Rajapaksa, whilst the President contented himself with assuring his guests that he had taken precautions to stop further crossovers. Whether this was through carrots or sticks he did not elaborate.
Basil’s idea of substance of course leaves much to be desired. As the villagers where I spent the last weekend were saying, with regard to the sudden lowering of fuel and gas prices, the President thinks they are all babies. But at least the President, I still firmly believe, loves the people, and his tragedy is that he seems to love more those who do not share his own instincts and affections. But Basil it seems has nothing but contempt for them, for he thinks nothing of their future. As one shrewd Indian commentator put it with regard to the manner in which Kshenuka Seneviratne destroyed the goodwill Dayan Jayatilleka had built up, she ignored those without glamour except to ask them, when a crisis loomed, for their votes.
Kshenuka of course, unlike Dayan who could provide leadership to various causes, had nothing to offer in exchange. Basil has much. But the piling up of largesse in the form of sewing machines is not convincing, and the President should know this from the fact that, as my friend put it, the people of Uva took the sewing machines and voted for the opposition.
Basil’s answer to the request to cite some industries in the North was that, if he did that, he would have to sell the country. Since he is widely perceived as having done that already, beginning with his foolish handover of freehold to the Shangri-La Hotel, and since developing factories will cost much less than the fantasies that have been constructed in recent years, he only succeeded in upsetting his interlocutors further. Read the rest of this entry »
It is not likely that the President will be awakened swiftly from the enchantment cast upon him by his closest advisers. However, if and when he does realize that a change is essential if he is to preserve not just his legacy, but even perhaps his Presidency, he has some obviously desirable remedies to hand.
For though the Parliamentary Select Committee has thus far achieved nothing, it has had some very sensible proposals brought before it by moderates within government. The Liberal Party made suggestions made on its experience of acting as a link between successive governments and representatives of Tamil parties, but even more important were the suggestions made by Vasantha Senanayake on behalf of a group of young politicians and professionals. Subsequently the Liberal Party, after studying the proposals, wrote to the PSC endorsing them.
Vasantha was the scion of a great political family. His great grandfather D S Senanayake had been Sri Lanka’s first Prime Minister, and his great uncle Dudley had been elected Prime Minister three times. Both had presided over Cabinets with representation from popular Tamil political parties.
Vasantha however had left the United National Party, which his great grand father had founded, and now sat in Parliament as a member of the Sri Lanka Freedom Party, to which the President belonged. He, like many other promising youngsters, had been sidelined by Ranil Wickremesinghe, who had, on the pattern of his mother’s cousin, J R Jayewardene, wanted absolute control of his party, and thought ability less important than personal loyalty. Read the rest of this entry »
Though the choice the nation has to make on January 8th is a very serious one, there has certainly been a lot of entertainment to be had during the last few days. This is not all on one side, since it is odd to find many individuals who had little time for each other in the past now working together. My friend Dayan Jayatilleka first decided that the JHU provided the saving graces to the campaign of the common candidate, but then threw in his lot with the President. I assume he thinks there is hope of reform, which is ironic given his deep distrust of the Secretary of Defence. However I can but hope that he will be given control of the Foreign Ministry, given his incisive dissection of its disastrous workings in the last few years. He will certainly put an end to what he diagnosed some time back, that the Foreign Ministry was territory occupied by the Defence Ministry, and the Defence Ministry was territory occupied by Israel. His return to the Rajapaksa fold suggests that the President has begun to see sanity – though, as Dayan has noted, the President is generally sane when you talk to him, it is his capacity to implement his own decisions and follow his instincts that has been in doubt over the last few years.
Dayan’s decision may have also been dictated by his dislike of both Chandrika Kumaratunga and Ranil Wickremesinghe. It is another irony that these two have now discovered each other’s virtues. But politics has always brought together people who were on different sides earlier, and this is understandable since we all need to look for good qualities in politicians and hope that these lead to productive synergy. Chandrika reminded me, when we met on the day of the first Press Conference, that I had once told her I wanted to bring her and Mahinda together. I certainly regret that both did not try harder, because had they at least talked to each other, and tried to reach consensus on issues both had been positive about earlier, such as the 13th amendment, Mahinda would not so easily have become the prisoner of the rent seekers and extremists who now dominate him.
People forging new alliances then, or going back to old ones, is not preposterous. What is preposterous is the excess the government has indulged in, in coping with the surprise it got when Maithripala Sirisena became the common candidate. First it had, as the President indicated, to make sure that no one else crossed over. To do this it employed both carrots and sticks, giving full publicity to the latter effort. This came in the form of the President’s declaration that he had files on everyone. Read the rest of this entry »
Though I do not in any way regret our decision not to support Mahinda Rajapaksa at the forthcoming Presidential election, I do feel immensely sorry for him. He is neither a fool, nor a villain, so he knows well the mess into which he has got himself. Though he and his advisers will use every trick in the book now to win re-election, and he might even succeed, he knows that the methods he is now using serve only to make crystal clear how very unpopular he has become.
This was not something the Mahinda Rajapaksa who led us to victory over the Tigers deserves. It is quite preposterous that a man who took bold decisions to save the country from terrorism has been incapable of taking any decisions at all in recent months to remove the various blights that have hit us.
Lalith Weeratunge made the excuse for him that the truth was being kept from him. Last March, after I had drawn his attention yet again to the problems that were mounting, he wrote to me that ‘Once I return end of next week, i.e., about March 30, I must meet you to have a frank chat. Little I can do, I will. Not many speak the truth today and all I hear are blatant lies. However, not many know that I have my ears to the ground; in every district, little groups have been talking to me. I am sure both of us could bring out the reality.’
But we never did get to meet, and time and again he cancelled meetings because he had suddenly to go abroad. In time I stopped regretting this, because it seemed to me that there was little we could do together that Lalith could not do himself, given that he still I think commanded the President’s confidence. But I suppose we have to sympathize with his lack of confidence in his ability to correct things himself, given the much stronger motivations of those who had hijacked both the President and the Presidency. After all he had failed to get the President to correct course when his wife first drew attention to aberrations at the Securities Commission.
Underlying the diffidence however was the belief that the President was not really in danger. I suspect those around him never thought that Ranil Wickremesinghe would not be the main candidate against them, and understandably they thought that Mahinda Rajapaksa would then be a shoo-in for the Presidency. After the Uva election they might have thought twice, but they doubtless assumed they would not find it difficult to construct a pitch, as it were, of their choosing. This would be the past, and the Tigers, and on such a pitch Ranil would flounder – though, to make sure of this, they have got ready vast amounts of propaganda to remind the people of Ranil’s past. The posters I have seen recently with Richard de Zoysa’s picture indicate how far back they were determined to go, but with control of so much of the media, they must have thought they could keep attention during the campaign on Ranil’s weaknesses, rather than the recent failures of governance.
That complacence explains the fact that they were quite prepared to not just forget but even to actively alienate Muslim voters. It seems to have come as a shock to government that even Rishard Bathiudeen was preparing to cross over to the common opposition. But had they bothered to listen to what he has been saying in Parliament recently they would have realized how deeply upset he was. The desperate measures they have had to engage in to keep him and his party, carrots and sticks extending even to getting rid of faithful old Mr Azwer from Parliament, indicate they understand how important such voters are. But though they might paper over the façade, a moment’s thought should make them realize that, given the manner in which the Muslims have been treated, there is no way anyone in the community can support the President and succeed in any future election. Indeed I suspect that even Faizer Mustapha will have to move, given that his efforts to control the BBS rally in Aluthgama were treated with contempt, a fact known to the entire Muslim community, even if the President were deceived about it. Read the rest of this entry »
GL and Sajin meanwhile failed to take things forward in the other area which had been entrusted to them, in that they brought nothing from the negotiations to the PSC. It became such a joke that even representatives of the hardline parties asserted this and said it should be wound up. This made sense for nothing of what we had discussed,the unexceptionable measures which the TNA had accepted in principle, and which could have been fleshed out by the PSC, a second chamber for instance and increased power to local bodies, the elimination as far as possible of the concurrent list, were not discussed by the Committee. Both Vasantha and I had brought these matters up, and it was clear that the more intelligent members of the Committee found them interesting, but there seemed massive resistance to any reforms. But in a context in which Sajin Vas Gunawardena seemed to be calling all the shorts, and given his control of both the Minister of External Affairs and the President’s son, so that the President himself seemed unable to move without his blessing, there was little hope of the regime breaking out of the straitjacket in which it was held.
Namal however, though he would not stand up against Sajin, did seem to have his measure, as was apparent in the brief period in which Tamara Kunanayagam was able to deal direct with the President while she was in Geneva. Her sudden removal was probably due to what she had discovered while she was there, and the realization that her direct link with the President would stymie the various stratagems that were laying the country low.
When she arrived a month before the September 2011 UN Human Rights Council Session, she was informed that Kshenuka had been negotiating with the American ambassador about a resolution to bring Sri Lanka before the Human Rights Council for an Interactive Dialogue. When she contacted the Ministry about this and instructions on how to respond, it was to find that they had no knowledge of such an initiative. However they did not seem to take it seriously, so Tamara called the President direct, and he asked her to fly to Colombo immediately for a briefing.
When she did so, she found the Foreign Ministry totally hostile, and furious that she had come to Sri Lanka without authorization from them. At a meeting where GL and Sajin were present she was given instructions that she should go back immediately, and not meet the President. Fortunately she had a ticket that could not be changed, and the Secretary to the Ministry accepted this position, so she was able to meet the President.
His anger about the acquiescence of Kshenuka in Geneva to what the Americans saw as a precursor to the war crimes resolution they had been contemplating was in marked contrast to the complacence of GL and Sajin. Whereas they had not reacted at all, the President’s instructions were clear, that there should be no negotiations. Tamara accordingly made the Sri Lankan position clear, and had enough support to ensure that the proposed resolution, and a Canadian attempt to bring the Sri Lankan issue to the attention of the Council, were dropped. But the American ambassador told her that they would get Sri Lanka the next time round. Since there was no official record of the discussions Kshenuka had had with them, and neither the President nor the Minister attempted to find out, Tamara had to work in a vacuum – not helped by the fact that Ksenuka and Sajin were in firm control of the Ministry and the delegation that was sent to Geneva, as well as the Mission staff that they took over on arrival, and treated her as an outsider at the next session.
She was able to understand something more of Sajin’s mentality when, after consultation with friendly envoys, she noted that the best hope for Sri Lanka to avoid censure was swift implementation of the LLRC recommendations, which had been published at the end of 2012. But Sajin informed her that the President had no intention of taking these forward. She mentioned this to the President when she was back in Sri Lanka for the 2012 Independence Day celebrations, and cited what Sajin had said, that he knew the President’s mind as though he were inside it, which led Namal to comment that this was exactly the sort of thing Sajin would say. Read the rest of this entry »