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Deciding that I would make it clear that I was no longer part of the government, made it easier for me to deal more firmly with the manoeuvers Ranil was engaged in with regard to the promised constitutional reform. Jayampathy Wickramaratne had produced a draft that affirmed that the President should always act on the advice of the Prime Minister. I believe he had initially worked on his own, but later some party leaders had been consulted. I had not been asked and I complained to the President about this, so on Sunday March 15th I was duly invited to a discussion chaired by the President at his Secretariat.

I was blunt in my criticism of the underhand manner in which Ranil was trying to take full powers with no respect for the electoral process. I was backed by not only the SLFP representatives but also the JHU, which later commented on how forceful I had been. Ranil plaintively claimed that he had been promised this change, and that he would complain to Chandrika, but the President did not give in. The final decision was that Jayampathy would amend his draft, a task in which he was supposed to consult G L Pieris.

G L I fear did not check on what was going on, and the amended draft we received had changed the principal instrument of transferring power to the Prime Minister, but little else. We protested at the meeting to discuss the changes that was held in Parliament, but later we found that the gazetted version confirmed the primacy of the Prime Minister. Jayampathy claimed that this had been the decision of the Cabinet.

What had transpired in the interim was a sordid effort to in effect bribe those assumed to be the more malleable members of the SLFP. A week after the meeting at the Presidential Secretariat, it was announced that the Cabinet had been expanded with the addition of several members of the SLFP. But it transpired that the leadership of the party had not been consulted, and it looked as though individuals had been selected principally by Chandrika. Having bitterly resented the fact that the senior leadership of the party had gravitated to Mahinda Rajapaksa after he had been made the Presidential candidate in 2005, she ignored them completely, which had dire consequences for the President.

Ironically one of those appointed to the cabinet was S B Dissanayake, who had fallen out with her dramatically after initially having been a favourite. S B was obviously someone who knew on which side his bread was buttered, but he was also an intelligent man, and indeed the only one in the 2001 UNP cabinet of those I met together with a German consultant trying to promote educational reform who was able to conceptualize. I asked him then why he had allowed Jayampathy to get away with a draft that stripped the President of his powers, but it turned out that he had not been at the crucial Cabinet meeting. So what Jayampathy tried to make out was an all party consensus was in fact the result of the second rank of the SLFP having been hurriedly elevated to unwarranted authority, quite in contravention of the promise on which the President had been elected.

Still, the Parliamentary group stood firm, and even those who had initially acquiesced in what Jayampathy had had gazette insisted on the President retaining his primacy. There was indeed strong resistance to supporting the constitutional amendment, but the President came to the group meeting in Parliament, and promised to address their concerns. In particular he granted that it was a pity the proposed 19th amendment did not introduce the electoral reforms he had pledged, and he solemnly promised that he would not dissolve Parliament until a 20th amendment that introduced a mixed system of election had also been passed. Read the rest of this entry »

downloadI was quite flattered recently by a mention of one of my books in the review by Michael Burleigh of Talking to Terrorists by Jonathan Powell. Powell, incidentally, had been a few years junior to me at University College, as was the current British Foreign Secretary Philip Hammond, who is of a very different political persuasion. The mention is only in passing but, given that my book has been totally ignored by our own establishment, it was heartening – ‘One book that does not figure in Powell’s bibliography is Rajiva Wijesinha’s The Best of British Bluff, in which this smart Sinhalese intellectual mocks British interference in his nation’s affairs.’

Unfortunately, the mention came in the week when any hope of claiming the moral high ground with the British, which we had managed to do successfully half a decade ago, was swept away. What had happened to Chris Nonis had, I was informed, prompted a perhaps kindly, perhaps patronizing, comment from Hugo Swire, to suggest to the High Commissioner that he might now understand why the British had such a critical view of our government. And certainly many of us, who had hoped that our President, given his once shrewd political instincts, would recognize the need for reforms if the dangers the country faces are to be averted, have had to accept that the seal has been set on the self-destruction into which we are catapulting ourselves.

I cannot see how this can be avoided, but since we have to keep trying, I did point out to the President the need for radical rethinking. To do this successfully, he also needs to reflect on the past, and to understand why we are now in such a weak position, in contrast to the respect in which we were held for a year and more after the conclusion of the victory over terrorism. I should stress that, whatever his current weaknesses, the country must be eternally grateful to him, and to the teams he had in place to deal with the range of problems the country faced, for the relief we have had since 2009.
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download (4)I was privileged, a couple of weeks back, to attend the release of the Northern Education Sector Review Report at a ceremony held at Vembadi Girls School. I had last been at Vembadi in 2008, when the then Commander of the Special Forces in Jaffna, General Chandrasiri, arranged what was termed a Future Minds Exhibition. It was at the height of the war, but the General had already begun to plan for the future, and sensibly so for he stressed the need for the development of human resources.

I was struck by the irony now, with the controversy over his continuation as Governor. I will look at that issue elsewhere, but here I will dwell on the fact that the Provincial administration had invited him as Chief Guest, to be given the first copy of the report, and all the speeches made were in a spirit of cooperation. In particular the chair of the committee that had prepared the report, the distinguished athlete Nagalingam Ethirveerasingham, still described as the Olympian, emphasized that the recommendations of the Review were all within the framework of National Policy.

That having been said, the Review is masterly, in clearly identifying many of the problems we face, and suggesting simple remedies. But obvious though many of the pronouncements are, I fear that such an essentially sensible work could not have been produced in any other Province.

There are many reasons for this. I do not think there is any essential intellectual difference between those in the North and others in the country, but I do believe that the urgency of the problem with regard to education is better understood in the North. After all it was simplistic tampering with the education system that first roused deep resentments in the younger generation in the North (Prabhakaran’s batch were the first victims of standardization), and the incapacity or unwillingness of successive governments since then to provide remedies has entrenched bitterness. And whereas Chandrasiri way back in 2008 understood the importance of action in this field, and entitled his Exhibition accordingly, he has since had to serve a political dispensation that cares nothing for the mind.

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download (3)I have been mostly away for some weeks, but that is not the only reason I did not talk about the appalling violence that occurred in Aluthgama almost a month ago. I was waiting, because I hoped that this would be a turning point for the Presidency. I hoped that, in reacting to violence that goes against the principles on which he has twice won the Presidency, the President would free himself from the polarizing shackles that have fallen upon him.

I fear that nothing of the sort has happened, and it is possible that my old friend Dayan Jayatilleka was right, if prematurely, in suggesting that the Mandate of Heaven might have passed. He said this a year back, after the Weliveriya incident. Though I did not agree with him then, I must admit that he saw the writing on the wall more clearly than I did. But, like him in his recent claim, citing Juan Somavia, that this man should not be isolated, I think it would make sense to continue to urge reforms from within.

There are signs that this will not be a hopeless task, given the recent visit of the South African Vice-President, which our Deputy Foreign Minister said very clearly in Parliament sprang from an invitation from our President, who hoped to learn from their experience. Wimal Weerawansa will of course claim that his threats have worked and South Africa will not interfere, but his capacity to delude himself, and assume the world is deluded too, is unlimited, and we need not worry about that. Obviously South Africa had no intention of interfering at all, because like all those in the coalition Dayan Jayatilleka built up in 2009, she subscribes to the basic UN principle of national sovereignty. But she has clearly been invited here in the hope that we might be able to move forward, and get out of the morass into which, with much help from ourselves, we have been precipitated.

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The government decided last week, when faced with the announcement by Navi Pillay of her team to investigate Sri Lanka, to propose a motion in Parliament against such an investigation. This was a shrewd move, since it puts the main opposition on the spot with regard to whether it supports such an investigation. I can understand the TNA opposing such a motion given that it sees this as one way of achieving its goals, even though I think it would have achieved more had it, like the Indian government, stood foursquare against international interference whilst also urging the Sri Lankan government to pursue reconciliation and a better deal for the Tamil people more comprehensively.

What would be unacceptable is for the national opposition to oppose such a motion, and I think the UNP will find it difficult to decide how to respond. It would seem a sad betrayal of our sovereignty to oppose such a motion, and I think sensible people in the UNP would not want to commit a political blunder of such magnitude.

And the decision to support the motion should be the easier for any forward looking Sri Lankan, given that the motion is so limited in scope.Government has not gone down the disastrous route advocated by Wimal Weerawansa of opposing not only an international investigation, but of also opposing any effective domestic mechanism. Indeed government has scored a major triumph in having the motion proposed in the name of Achala Jagodage, who came to Parliament through Weerawansa’s National Freedom Front. And though most of the other signatories cannot be described as political heavyweights, also included as a signatory is perhaps the most intelligent amongst the new SLFP entrants into Parliament, the Hon Janaka Bandara. He chaired the only Committee in Parliament, apart from COPE, that proved effective in the last four years, and he also had the courage of his convictions and resigned when he found that the report of that Committee, on public petitions, was ignored.

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Prof Laksiri Fernando, in responding to my account of discussions about a Senate, has reminded me about publishing the proposals, as I had mentioned, and I will send them in as soon as I am back in Colombo. However, while I do not recall promising to publish my correspondence with Mr Sumanthiran – which is not in fact of any great significance – perhaps it would be useful, given current controversies, to publish the draft he and I prepared about land matters.

What we realized, which is why I proposed that we look at the matter quietly, was that the issue was causing much controversy based on dogma. The TNA insisted that the 13th Amendment conferred land powers on the Provincial Councils, the government relied on the Constitutional provision that land grants were in the power of the President. Mr Sambandan, while insisting that he had no objection to any citizen acquiring land anywhere on his own, went into a lengthy account of government colonization schemes which he said had changed the demography of the East.

I did point out that something similar had happened in the Wanni, where after the conflict we had come across large numbers of Tamils of Indian origin who had been settled there because of various colonization schemes funded by international agencies – including for instance the schemes run by Jon Westborg when he headed Redd Barna, if memory serves me correct. But at the same time I could understand Westborg’s motivation, given the appalling attacks on Tamils in the hills orchestrated by members of the Jayewardene government, in both 1977 and 1981 – just as I could understand the need to settle landless peasants in empty areas that had never been occupied by anyone previously.

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I was pleased that Laksiri Fernando had picked up on my publication of documentation with regard to the negotiations between the government and the TNA way back in 2011. I suspect he is right in saying that some might think this is betrayal, given that even my efforts to defend the Secretary of Defence against Sarath Fonseka’s allegations in 2009 were described as betrayal. But this was by those such as Wimal Weerawansa who wanted to take political advantage of those allegations and therefore did not mind insinuating that they were true.

However I trust that those concerned with political reconciliation and long term peace, as Prof Fernando is, will realize that these notes are meant to make clear how easy it would be to reach a consensus with the TNA. But this needs negotiations to be conducted in good faith, and systematically, with appreciation of what the other side might fear. It is also important to move swiftly on whatever is agreed, as Nimal Siripala de Silva tried to do in 2011 with regard to the Concurrent List, only to be rebuffed by G L Pieris., even though we had obtained the President’s agreement to proceed.

To illustrate what I mean, I will look at the question of a Senate, which seems to have been a priority only for the President and me on the government side. To go into the history of that proposal, when I was appointed to head the Peace Secretariat in 2007, I should perhaps have participated actively in the discussions of the All Party Representatives Conference, which SCOPP hosted. But the Chairman, Prof Tissa Vitharna, thought that someone new should not be involved, so I stayed away. My main contribution was to cut down on the food bill, which had been enormous when I took over, largely because the practice previously had been to stuff up the delegates while waiting for the proceedings to start. This took for ever given prevailing standards of punctuality, and with the orders being placed beforehand, much went to waste when hardly anyone turned up.

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When the President put me on the delegation to negotiate with the TNA, in April 2011, I found that no response had been made to suggestions they had made a couple of months previously. I thought this was absurd, and urged a response. These are the notes I made.

Unfortunately there were no meetings of our delegation to review such matters. We could not take things further, even though I did manage, by insisting by dates for the next meeting being fixed whenever we met, to have regular meetings, whereas previously these were few and far between, and there was no continuity. It was perhaps because there was some progress that Sajin Vas Gunawardena stopped telling me about meetings. Read the rest of this entry »

This false optimism, which is based on the assumption, which is quite contrary to the indications he has given, that the President wants to do none of the things he promised, has extended now to assuring him that all will be well after the Indian election, and we ourselves do not have to do anything to improve our situation. I am reminded then of J R Jayewardene twisting and turning in the years between 1983 and 1987 as he avoided action, and was forced gradually to concede, but always doing too little too late. So I wrote once that he assured us that there was a pot of gold at the end of the rainbow, during his discussions with India in 1986, but in the end the rabbit he pulled out of his hat was General Zia ul Haq. The idea that the Ministry of External Affairs has tried to convince the President that Mr Modi will play Santa Claus is preposterous, but I fear that that is the type of advice and advisors the President has to put up with.

All this is based on the assumption that somehow we can avoid implementation of the 13th Amendment. Because the advisors believe that subterfuge will win the day, no attempt has been made to analyse the 13th Amendment, see if anything in it is potentially dangerous, and then develop mechanisms to avoid those dangers. Instead we are doing nothing about the vast areas in which the strengthening of local administration – and concomitant local accountability – would immeasurably benefit the people.

The President I think understands this, for he was very positive about the ideas I suggested be discussed at the negotiations government had with the TNA. But the history of those negotiations makes it clear why we are in such a mess. The President put me promptly on the delegation when I pointed out there had been no progress over the preceding three months, and in the next three months we saw much progress, in part because I insisted on meetings being fixed on a regular basis. The government also put forward suggestions of its own, that I had proposed, whereas previously it had simply listened to what the TNA put forward, and then failed to respond despite promises.

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The present controversies over the 13th Amendment and also the commitment of the government to conduct Provincial Council elections are fraught with controversies that I find ironic. I am aware that I am accused of all sorts of misdemeanours, if not quite crimes, for my continuing support for the President even while I continue to point out what seem areas in which reforms are urgently needed, and where some measures taken by government do not help either reconciliation or the coherent and equitable development this country needs.

But I am certainly consistent, and this should be the more obviously recognizable – though sadly no one looks at facts and engages in discussion based on evidence – in comparison with the astonishing inconsistencies of many others. Recently for instance I was struck with the vehemence with which some international locators were talking about the need for Provincial Council elections in the North, given that this was very far from their agenda when the LTTE was in control there.

I remember way back in 2003 being glad that G L Pieris had announced that elections would be held in the North, and then being quite critical of him when these were cancelled. In fairness to the poor man however I was told by Austin Fernando that he had wanted to go ahead with elections and it was the Prime Minister who had stopped him. I assumed this was because the LTTE had decreed they did not want elections and Ranil Wickremesinghe thought he had no alternative except to indulge them. Austin did not confirm this, but I gathered from his response that I was not wrong.

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Rajiva Wijesinha

May 2017
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