The March of Folly 40 – The multiple betrayals of Maithripala Sirisena

As we move towards the end of the dispensation that came in with the Presidential election of 2015, I feel immensely sorry for the President. It is true that many of the problems he now faces he brought on himself, but this was because of weakness, and because he relied on those who had no interest in ensuring he succeeded.

Chief amongst these was Chandrika Kumaratunga, and I write today on the subject of how Sirisena lost the plot because last week I was told of how willfully she betrayed the interests of the SLFP. When Sirisena won in 2015 he entrusted his section of the governing coalition to her, as he told me in explaining that she had been in charge of allocating executive positions to those not in the UNP.

Naturally she looked after only those who owed allegiance to her, the youthful Mr Dissanayake and the aged Mr Goonewardena, neither of whom could serve the country or the President with distinction. She failed to fulfil the commitment in the President’s manifesto with regard to me and Mr Radhakrishnan, to have us in the Cabinet, and she viciously betrayed Vasantha Senanayake by claiming he had joined the UNP, though she knew very well that he had done nothing of the sort. Ironically he is now perhaps the closest in thinking to the President of UNP Ministers – and though only a State Minister, he has to function as virtually a Minister given Tilak Marapana’s lack of interest in the subject.

Chandrika was nasty about Vasantha when I expostulated with her about how shabbily he was treated, but I now wonder whether she was not also motivated by a desire to build up the UNP. Around that time she told a friend who was interested in politics that there was no place in the SLFP for sophisticated people like him, unlike in the days when she led the party. She said Ranil was now much better than in the days when they had been bitter rivals, and she advised him to join the UNP instead. Of course it was precisely such people that Maithripala Sirisena needed if he was to lead an SLFP capable of running a government on its own, but doubtless Chandrika feared anyone else with international standing being in the party where she was now flexing her flabby muscles.

The March of Folly 39 – Old wine in new bottles

I was asked last week by the European Union to an exhibition about ‘Celebrating Partnerships’, and attended, though I left early when the speeches began. I was not sure why I was asked, since the invitation was for development partners and the TVEC was not involved in the project.

But as I looked round the exhibition, I realized that, as Charles Ryder put it in Brideshead Revisited, ‘I had been there before; I knew all about it’. And it brought back fond memories of the last public service I performed successfully, before (as I put it in Endgames and Excursions, memoirs of the last five years which Godage published), ‘I began to feel that my shelf life was over’.

I have written about how I helped the UN resurrect the project in the 6^th chapter of that book. Though I start by saying that it seemed clear in 2013 that ‘there was no hope of stopping Mahinda Rajapaksa rushing headlong into disaster, given that so many of those around him, while pursuing their own agendas, had lulled him into a false sense of security’, the way he responded to my appeal indicated he still genuinely cared about the country and the development programme he had embarked on.

In late 2013 I had been told about proposals prepared at District level for a UN project to be funded by the European Union. This had been agreed with the government, after Basil Rajapaksa suggested modifications including that it be extended to areas outside the North and East too. But then suddenly he clamped down and said it could not proceed.

The March of Folly 38 – Marapana as compromise Prime Minister

While there is much uncertainty now about what will happen to the country, certain certainties are assured. Chief amongst them is the headlong destruction of his reputation that Ranil has precipitated in the last three years.

I do not refer only to his unashamed capers with regard to the bond scam, the continuing defence and harbouring of Mahendran and now Ravi, the snide attacks on the Auditor General and Nivard Cabraal without substantiating them, the blithe disregard for the massive loss the country suffered not once but thrice. What is also clear is his complete ignorance of economics, even though he used to masquerade as an expert in the field.

Indeed way back in 2003, when I begged him to stop the collapse of the English medium experiment that had begun in 2001, he said he could not work on that now since he had to concentrate on putting the economy right. He claimed then that no one else had the capacity to institute reforms, a position he seems to have moved on from now, with his recognition of the capabilities of the boy genius Akila Viraj.

But economics he thinks must continue as his preserve, and he has such confidence in the brilliance of his geriatric pet shop boys (plus Mahendran and Ravi) that he has not even bothered to find a permanent secretary for the Ministry he uses, in Basil style, to assert his control over everything and everybody.

Now however he has had to grant there is a crisis, which he claims is because of adverse weather. He fails to admit that, before the weather too turned on him, employment dropped between 2014 and 2016 (8.5 to 8 million), the surplus on Balance of Payments became a massive deficit (plus $1,369 million to minus $500 million), the trade deficit rose (from $8,287 million to $9,090 million), Foreign Direct investment dropped by nearly a third (from $1,635 million to $1,079 million), and our international credit ratings plummeted. We have sunk in indices with regard to the Ease of Doing Business and Global Competitiveness and Corruption Perception as well as the Rule of Law.

The March of Folly 37 – Arbitrary detention unquestioned

I was a bit startled to find on Saturday that those who had been arrested at Gintota a couple of weeks back, and then remanded on November 18^th until the 30^th, had then been remanded again. No one was allowed bail, and they have been put back in prison for a further two weeks. Sadly, I could find no reports of this in any newspaper, nor any worries by the usual run of human rights activists about what seems arbitrary detention.

Given the problems in the area two weeks back, I can understand the police engaging in a trawl and putting people in jail to prevent any possibility of a recurrence of the violence. But now that the situation has settled down, it seems unconscionable that, without charges being made, all those arrested then should continue to be incarcerated.

The usual run of activists will not I suspect worry too much, because they will doubtless think it a good thing that there should be prophylactic detention as it were when there is any risk of racist attacks. But those same activists would not allow the same leeway with regard to the risk of terrorist attacks. Though I will write this week to the Chairperson of the Human Rights Commission to ask what they are doing, and to the UN Resident Coordinator to ask that these persons also be visited by the UN Group on Arbitrary Detention, I suspect there will be no urgency about redressing the situation.

Some years back, when I was Secretary to the Ministry of Disaster Management and Human Rights, I had some responsibility for such matters, though I had to accept that my authority was limited while we were under terrorist threats. But soon after the war ended, I was able to agitate more. What transpired is best illustrated by an extract from my second book on the Rajapaksa Years, Failure in Reconciliation –

The March of Folly 36 – Corruption compounded

Some years back, when I thought Ranil was honest, I said he would have been an admirable politician had he entered politics under Dudley Senanayake rather than J R Jayewardene. Though I had welcomed Jayewardene’s opening up of the economy, I was increasingly worried about the authoritarianism he sought to entrench, using violence for the purpose.

The treatment of the July 1980 strikers, the violence in Jaffna and then countrywide in connection with District Council elections, the suppression of opposition during the 1982 referendum (as to which Chandrika has obviously forgotten her husband’s suffereing and also Ranil’s role in collecting the undated letters of resignation from MPs that J R demanded) the pogrom of July 1983, were mounting evidence of his contempt for decency, let alone democratic norms.

I had begun to understand Ranil’s role in all this through a remark of Henry Gunasekera, an old style UNP stalwart, unlike his younger brother D E W, the last representative of the old upper class commitment to social justice exemplified by the original pillars of the Communist Party, S A Wickremesinghe and Pieter Keuneman. The parallel with my oldest and youngest maternal uncles, Esmond who was for a long time J R’s intellectual right hand while Cyril Mathew was his coercive left, and Bishop Lakshman Wickremesinghe, struck me after I came to know and appreciate D E W’s idealistic sincerity.

But Henry too was sincere and, unlike Esmond, was not willing to go along with the shenanigans of his party when it changed course. He told me, way back in 1980, that there were only two honest Ministers in the UNP. Rather naively I thought he was referring to my two relations in Cabinet, Ranjith Atapattu and Ranil Wickremesinghe. But his response was no: though Ranjith was one of them, the other being Gamini Jayasuriya, he said Ranil, though financially above board, was not honest in that he used thugs.

How true this was became clear as evidence emerged of his connections with individuals such as Gonawala Sunil and Kalu Lucky, who led demonstrations against Supreme Court judges who had found against the government in a fundamental rights case – which I recalled when Ranil’s cohorts decided to demonstrate against the bond commission.

The March of Folly 35 – Restitution with transparency rather than revenge

A couple of weeks back I suggested that the Speaker introduce a provision whereby all Members of Parliament should be required to get Tax Clearance Certificates, when they enter Parliament and then subsequently each year. I do not think any Member can claim they were not liable for tax when they were elected, given the amounts they spend to get themselves elected. Even if this is supplied by their parties, they are still liable in that they accept such largesse and then spend it.

And certainly Parliament should make provision to ensure they pay tax on the salaries they receive, since unlike other government institutions Parliament does not deduct tax. Even when I was in Parliament, our earnings as Members put us well within the tax paying range, and now, given the massive amounts added on to salaries, Members will definitely fall into the higher categories of tax payers.

Of course there has been no response from Karu, and when I did get a call from his office, it was indicated that they were not interested in my suggestions. This is on a par with his responses early in 2015, when he was supposedly Minister for Democratic Governance, something which he obviously was not interested in though he concealed his contempt for the notion better in those days.

I suggest then that the Assets Declarations of Members of Parliament should be publicly available, with provision for anyone to question the accuracy of what was stated. At the time I was also worried that the claims of the new government about eliminating corruption would be vindictive rather than corrective, and I also suggested that there be no prosecutions provided restitution was made with regard to assets that could not be explained.

The March of Folly 34 – The sad death of liberal Karu

The saddest casualty of the Yahapalanaya government determination to abandon all pretence of promoting democracy, let alone good governance, has been Karu Jayasuriya. I once thought of him as a decent man, weak but never doing dastardly deeds on his own. When he first started abusing the office of Speaker, I made excuses for him, and even wrote to apologize for harsh criticism since I thought he must have been affected by the family bereavement he suffered.

But his latest chicanery has convinced me that he is the worst Speaker this country has had to endure, totally subordinating the Legislature to the Executive with no attention to parliamentary norms. Previously I had thought Bakeer Markar the worst, beginning from the days when he admitted a second member for Kalawana into Parliament. This little trick precipitated a crisis when the Jayawardena government then brought legislation to perpetuate this. The Supreme Court said, obviously, that this required a Referendum, which worried Jayewardena since consulting the country on such a subject was obviously ridiculous.

My father came to the rescue declaring that, if the obnoxious extra member whom Bakeer Markar had brought in by sleight of hand resigned, he would let the matter lapse. Jayewardena told my father that he was required to report any vacancy (for the Elections Commissioner to then work on filling it), the operative word being ‘shall’. My father noted that the operative word was ‘vacancy’ and that, if he thought there was none, he was entitled to keep quiet.

Jayewardena argued that that was going against the Speaker’s decision, but my father said that he was not responsible for the Speaker’s illegal rulings, and he could not be bound by them as opposed to the law. He added that, if a case were brought against his decision, he should be allowed to defend himself, without the Attorney General’s Department confusing matters. Jayewardene was relieved and accepted the advice, and so the additional member for Kalawana lapsed.

This time round, in what is an even worse ruling, Karu also brought in the Attorney General’s Department for good measure. This was I think to obscure his own responsibility for perverting the Constitution and the ruling of the Supreme Court. After all, he needs to consult the Attorney General only about new bills, so indeed what he did was in effect an admission that this was a new bill.

The March of Folly 33 – German funds for the corrupt

A couple of months back the retiring Canadian High Commissioner introduced me to the German Ambassador, whose country has been doing much helpful work in vocational education. He seemed a nice young man, but as it turned out he was cross with me because, in an article in this series about six months back, I had been critical of some pronouncements he had made.

I had quite forgotten what I had written, and I certainly did not associate the football playing youngster with the old man, his predecessor during the war, who used to pontificate to us. But on cue as it were, even while he suggested that I should have spoken to him before making pronouncements, he pronounced again, on much the same lines. Apparently not having read the manifesto on which President Sirisena won election, he continued to pontificate about what he claimed were ‘changes that the Sirisena-Wickremesinghe government had promised in 2015’ referring almost entirely to what Mangala Samaraweera had signed up to in Geneva. And most worryingly, in talking about corruption, he twinned it in both efforts with impunity / exemption from punishment.

My article noted that what the President should concentrate on is the promises in the manifesto on which he was elected, and in particular dealing with corruption in terms of the suffering it brought to the Sri Lankan people. I did tell him that I would be happy to discuss anything he wished, but since then there has been a deafening silence.

I suspect this is because he also in his message referred to an issue that I would hope he now finds embarrassing. He repeated the old canard about my ‘role some years ago which led to the closure of the office of the Friedrich-Naumann-Foundation’.  He obviously assumed that the allegation was true, even though the former Deputy German Ambassador had discussed the issue with me at length, and seemed convinced that it was nonsense. The reason for the FNS Head, Sagarica Delgoda, being questioned by the police was, as clearly described by Jehan Perera, its organization of a seminar on ‘improving the opposition’s ability to win elections by better campaign methods’.

Underlying this of course was the support Mrs Delgoda and the FNS gave Ravi Karunanayake for a range of activities. One of these was the Democratic Youth Leagues, for which Buddhika Pathirana and Manusha Nanayakkara were the front men, though later he fell out with both of them.

The March of Folly 32 – Establishing clear characteristics

Homer’s Iliad, most memorable of epic poems, is full of stock phrases, used again and again to describe people and things throughout the poem. When scholars in the last century established that the poem developed orally, they noted that these phrases were used to fill up the metre as the poet thought of how to move his narrative forward.

But I believe too that they are literary devices, not merely functional, and they add to the impact of the tale. They entrench in the mind of the reader, as of the audience for the oral version, the defining characteristics of the person or object described. Thus I cannot now see the Mediterranean without thinking of it as a wine dark sea, just as goats are, in my mind’s window, always sure-footed.

Some such defining description would help in making clear what is going on in the long drawn out narrative of the Central Bank bonds. For instance, when there were references recently to Saman Kumara, it might have been forgotten that, on August 1^st, it was reported that ‘Mahendran directed me… he threatened me to do that… (to put Saman Kumara in the front office)’. It would serve to keep the strange story clear in our minds if, whenever Saman Kumara’s name came up, it was noted in parenthesis ‘forcibly placed by Mahendran as chief dealer of the EPF’.  That would make things clear, though adding the term ‘millionaire’ would remind us too that ‘Saman Kumara and his family members own assets exceeding Rs. 80 million’.

This paper I think understands the need for this type of characterization for, in describing Anika Wijesuriya, it noted that she provided the testimony that Ravi Karunanayake ‘may have received gratification…from Arjun Aloysius’. Not entirely coincidentally, I have now written to the Bribery Commission about another incident involving Ravi Karunanayake and this time Anika’s father Nahil, involving cheques to the value of Rs 60 million given to the Prime Minister.

The March of Folly 31 – A simplistic and confused Attorney General

A little learning is a dangerous thing. It is also sad when limited intellect leads to high appointments on the grounds that there will be unthinking support of the appointing authority.

This seems to be the case with the current Attorney General, who seems in a couple of weeks to have completely destroyed the reputation of his Department which had been considerably enhanced by the brilliant cross examination at the Bond Commission by senior officers. What seemed the silencing of the forceful Dappula de Livera, the absence for some time of the incisive Yasantha Kodagoda, suggested that the AG had decided to hold back – and so the leading lights of the UNP have been preserved.

Then the Attorney General went further, in delivering a preposterous opinion regarding the appalling move to postpone elections through introducing amendments to a Bill that was for an entirely different purpose. The amendments were referred to Jayantha Jayasuriya by Speaker Karu Jayasuriya, whose reduction to being a mere tool of chicanery is extremely sad. The latter’s behavior in the last couple of years suggests that the excuses he proferred to me, when I tried to make him act on the Good Governance issues in the President’s manifesto, that his hands were tied because he was not trusted by his Leader, now seem rank hypocrisy.

It is strange that he felt a need to refer amendments to the Attorney General, since this is mandatory only for Bills. The reason doubtless was that he realized that this was in fact a new Bill, so he wanted to cover himself. On cue the Attorney General responded with a farrago of nonsense, beginning with citing Erskine May to the effect that ‘As in other matters of order, the admissibility of an amendment can ultimately be decided only by the House itself, there being no authority which can in advance rule an amendment out of order…’