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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 »
I have come to the end now of the subjects covered in my book on Political Principles and the Practice in Sri Lanka, which was published in Delhi a decade or so back. I thought it still relevant, since I feel that one reason the Reform Programme with which the current government has been unsuccessful is that it did not pay sufficient attention to basic political principles.
Having gone through some of these, I then looked at how constitutions had developed in Sri Lanka over the last century. The constitutional process began with the Colebrooke Reforms in the 1830s, but then there were very few changes until the McCallum Reforms of 1910. After that changes happened thick and fast, culminating in the current Constitution which was introduced by J R Jayewardene in 1978.
In early days stress was on the Legislative Council, with the Executive Council being a separate entity as it were, controlled by the head of government, the Governor. It was only with the Manning Devonshire Reform of 1924 that two members of the Legislative Council without executive responsibilities were put on the Executive Council. It was also in that Reform that the Legislative Council acquired greater powers of financial oversight, through the establishment of a Public Accounts Committee.
I had intended, in what was to be the last article in this series, to look at the question of external security, and how to work towards bipartisan consensus in the conduct of international relations, so that the nation as a whole is strengthened. At present, on the contrary, we seem, while pursuing partisan political agendas, to allow ourselves to become the playthings of other countries.
Instead of that however, in what will be the last article in this series, I will look at what seems an even more vital issue in the context of the events of last week, namely the question of internal party democracy. That question has been raised by others too previously, but the dismissal by the President of two party secretaries off his own bat has highlighted the problem of intra-party decision making.
Those who defend the actions of the President claim that he was under great pressure, both political and emotional, but even they feel that the actions took away from the great reputation for decency that he had established. And in the long run, given the way the results worked out, it has taken away from what would have been his stature in presiding over a national government. It is still not too late to develop a national consensus, but everyone will have to work all the harder for this purpose if we are to avoid confrontational oppositioning.
The last chapter of my book dealt with election systems, a matter of particular concern today, when we are conducting an election under a system that is universally condemned. One of the most serious tragedies of the Sirisena Presidency thus far is the failure of those to whom he entrusted the reforms he had promised to work immediately (as promised in the manifesto) on electoral reforms. It seems he tried his best, but was defeated by the intransigence of the UNP, and its fear of both the COPE Report and possible No Confidence Motions.
First-Past-the Post System
Reform has been an urgency for a long time, for Sri Lanka was singularly unlucky in the election systems it has adopted over the years. Initially it had the first-past-the-post system used in Britain, whereby the country was divided into constituencies which elected members by a simple majority. In Sri Lanka a few constituencies had more than one member. This was designed to ensure representation of different communities where they were mixed up together so that two separate constituencies would not have served the purpose. Thus, Akurana usually elected one Sinhala and one Muslim member, while Nuwara Eliya, which became a multi-member constituency for the 1977 election, had one representative each of the United National Party (UNP), the Sri Lanka Freedom Party (SLFP) and the Ceylon Workers Congress (CWC).
In general, however (as opposed to the few multi-member constituencies) the philosophy was that those who won, by however small a margin, took it all. In Britain, the effect of this is mitigated because there are certain constituencies which always stay with one party, so that a party that loses the election still has substantial strength in parliament. In Sri Lanka, however, where most constituencies are what are termed marginals, that is, a small shift either way changes the result, the two major parties found themselves reduced to very small numbers when they lost an election. Thus, the UNP got eight seats out of 101 in 1956 and 17 out of 157 in 1970, while the SLFP had eight out of 168 in 1977. Conversely, the party that won had a massive majority, even though its share of the national vote was just around 50 per cent.
Both in 1970 and in 1977 these massive majorities enabled the party in power to do virtually anything it wanted, including the introduction of new constitutions that represented their narrow interests, and the extension of the term of parliament. It is conceivable that in 1970 those who perpetrated this injustice actually believed in the slogan that parliament was supreme, in that it represented the people. The constitutional principle that representatives elected by the people for a particular period cannot deprive the people of their basic rights was not recognised by them.
Proportional Representation System
J.R. Jayewardene, who presided over the 1977 government and its majoritarian excesses, understood the need for better representation and more safeguards. In his new constitution he introduced proportional representation. He instituted an election system for the future where voting was according to districts. The quota of seats for the district was divided according to the proportion of votes each party got within that district as a whole. In that system, a majority of two-thirds in parliament would mean the mandate of a high percentage of the population. The special measures passed by such a parliament would enjoy the support of representatives of well over half the population. However, he passed several measures with the two-thirds majority he had obtained under the earlier system, including a bill to amend the Constitution to extend the term of that parliament by a further six years.
Initially, the system of proportional representation Jayewardene introduced simply required voters to select a party. The seats the party won would be allocated to its candidates according to their position in the party list. However, in the first election held under that system—the election for District Development Councils in 1981—Jayewardene realised its drawbacks. Those who were not placed high in the party list found out that they could not be elected. Sometimes they crossed over to another party, which would place them high in their list. If they remained on the list, they did not bother to canvass for votes.
Jayewardene, therefore, amended the legislation to allow the voter three choices for selecting candidates on the list. In principle, the idea of allowing the voter choice was a good one, but allowing one choice per voter would have been enough. Candidates could then have campaigned in designated areas against candidates of the opposing party. By allowing three choices, Jayewardene ensured, not only that all candidates would campaign actively all over the district, but also that they campaigned against the other members of their own parties.
Though he succeeded in his aim, it was at a great cost to the country. To cover an entire district in active campaigning required a lot of money, and soon it became apparent that those who did not have massive resources had to acquire them, in order to stay in the race. Thus, after an election candidates made it their first priority to recover the money they had spent. There was greater opportunity for corruption and increased instances of violence. Paid workers of political parties, for instance, who were traditionally plied with liquor, often turned violent in the process of putting up posters or tearing down those of other candidates, especially those of their own party.
Other aspects of the legislation introduced by Jayewardene with regard to elections were also faulty. One provision was that any member of parliament who ceased to be a member of the party from which he had been elected would automatically lose his seat. The argument was that, since a member was elected only by virtue of a vote for the party, he had no individual right to remain as a representative if he no longer belonged to the party. This provision was, however, implemented even for members of the 1977 parliament who had been elected from constituencies as individuals. However, those who had crossed over from the opposition to his party were retained in parliament through a special constitutional amendment. And even when the system of choices within the proportional representation system was introduced, the provision that candidates would lose their seat if they were no longer in the party was retained.
One reason Jayewardene had introduced the provision of losing a seat upon change of party for that it enabled him to exercise a tight control over his party members. While it could be argued that members of political parties should not be allowed to change sides—Jayewardene had first hand experience of the implications of this, since he had been closely associated with the offering of bribes that brought down Sirimavo Bandaranaike’s first government in 1964—the provision entailed that members expelled by their party also lost their seats. Thus, by threatening expulsion against anyone who did not toe the party line, Jayewardene ensured absolute obedience to the party. By the party was meant allegiance to Jayewardene himself as party leader, since there has never been a tradition of internal party democracy in Sri Lankan political parties.
In my book on Political Principles and their Practice in Sri Lanka, which Cambridge University Press in Delhi published a decade or so back, I wrote that ‘Undoubtedly, the most important function of a government is to ensure the security of its people.’ People needed to ensure their safety from external threats, and they also needed security from others within the community. For the latter they needed laws to govern relations internally, with mechanisms to defend against attacks from outside – though initially these were not subject to law.
Among the most essential functions of government then are security (external and internal) and justice. So in many countries amongst the most important members of the cabinet are the minister of defence and the minister of justice. The former looks after the armed forces and sometimes the police as well, although in some countries there is a separate Ministry for this purpose.
The Ministry of Justice regulates the courts and ensures that those who break the law are brought before the law. In certain exceptional cases, as in the United States, where the doctrine of Separation of Powers is implemented thoroughly, the courts are independent of the cabinet and come under a chief justice. However, there too, there is an attorney general in the cabinet who has to ensure that the laws are implemented and those suspected of criminal acts prosecuted in the courts.
In the second section of chapter 8 of my book on this subject, I look at how the initially peaceful agitation for devolution turned to violence. This was despite a measure of autonomy finally being granted to elected bodies at local levels during the eighties.
District Development Councils and their Shortcomings
In the 1970s, the various Tamil parties came together to form a Tamil United Liberation Front (TULF). They fought the next election by asserting the right of Tamil-speaking people to self-determination, with reference in particular to the northern and eastern provinces. Initially, the Ceylon Workers Congress (CWC), the party of the Indian Tamils who worked on the plantations in the centre of the country, was also part of the TULF. The TULF won an overwhelming majority of seats in the north and the east in the 1977 election, and emerged as the major opposition party. The constituent parties of the USA, having parted company in 1975, were decimated.
Seeing all the posters asserting that ruggerite Wasim Thajudeen was murdered, I was struck by the similarity to the allegations made when Chandrika Kumaratunga was President regarding Batalanda. The Sunday Leader in December 2001, soon after the UNP won the election she had called, wrote
‘The legacy of evil that Kumaratunga has left behind is so rich that she is driven to defend her turf with all the tenacity she can muster. This is in part the genesis of her evil rhetoric in recent days, with talk of murders, plots and killing’.
The Sunday Times had the same idea about President Kumaratunga, and highlighted three occasions on which she came out with very harsh allegations about her then great enemy, Ranil Wickremesinghe. In August 2010 it noted that ‘Even those with short memories will recall that it was only a few weeks prior to the presidential election in December 1999 that the Batalanda Commission report was released to the media’.
That report was very hard on Ranil Wickremesinghe, but President Kumaratunga did nothing about it. This may of course have been because of the terrible injuries she suffered at Tiger hands just before the election. But by the time of the parliamentary election in October 2000, she was ready to resume the charge. In August of that year the Times reported the return of Douglas Peiris who had given evidence against Ranil as follows – ‘The ‘arrest’ of Peiris will surely be a prelude to major onslaught on Ranil Wickremesinghe linking him to the alleged atrocities committed at the so-called torture chamber in Batalanda.
The language is interesting. I have no idea whether Ranil was responsible in any way for what happened at Batalanda and would prefer to give him the benefit of the doubt, knowing how readily Chandrika jumped to conclusions and then found evidence to support her prejudices. One has only to remember her claim that it was the UNP that killed Vijaya Kumaratunga, which paved the way for her to enter into an alliance with the JVP, an alliance that now seems to have been renewed, though the common enemy now is the SLFP rather than the UNP. But even assuming as I would like to do that Ranil was not guilty of the atrocities at Batalanda, there is no doubt that atrocities did occur there, the death of Wijeyadasa Liyanaarachchi being only the most prominent amongst many horrors.
In the last few articles in this series, before we know whether or not the Reforms this country needs will be taken forward or not, I will continue to look at the pledges in the President’s manifesto which have been ignored. The most important had to do with structural and political reforms, and of these the Government only bothered about one, leaving half a dozen undone.
But there were also very practical measures, which are equally important if we are to develop as our people deserve. Way back in the seventies the Economist I think described us as the only underdeveloped country that was still under-developing, and in 2001, the then Australian ambassador said he had never known a country go backwards so quickly, as we had done, during the period he had been here. That was one reason that motivated me to vote for the UNP in the December Election, though the way the LTTE ran circles round the government that took over soon caused worry. Still, I think it was a good thing we had a change then, since I think it also put the SLFP, in its PA incarnation which then changed to UPFA, back on its toes.
Development, when he experienced it, came largely through construction, as with D. S. Senanayake and his dams, the Mahaweli in JR’s time, and then the devotion to infrastructural development in rural areas under both Premadasa and Mahinda Rajapaksa. But while we must continue grateful to the last, both for bringing us security, and for his development programmes, in the last couple of years it became clear that not enough was being done with regard to Human Resource Development.
Chanaka Amaratunga died 19 years ago, on the 1st of August 1996. He died a disappointed man, for he had not entered Parliament, which had been his dream. Only Chanaka, imbued in the Westminster style of Liberal Democratic politics, could have written an article entitled ‘In Praise of Parliament’ at a time when the Executive Presidency was well entrenched in Sri Lanka, and the tradition of the independent Parliamentarian long lost.
He had hoped to enter Parliament in 1988, when he was on the SLFP National List, but the defeat of the SLFP then had led to the sidelining of Anura Bandaranaike, who had been his great friend. He told me that, when he went to Rosmead Place on the day after the election, Sunethra had met him with the claim that the only hope for the party now was to bring Chandrika back. He had said this was nonsense, and that perhaps put paid to his chances. After her defeat, Mrs Bandaranaike too felt that the policies Anura had promoted had been a mistake, and moved back to the left.
Anura still had residual support, but he was soft-hearted to a fault, and gave up the Secretaryship of the party when he was appointed to the post on a split decision. The newspapers at the time reported that his mother had stormed out of the room, and he had followed her, and agreed to a compromise whereby Dharmasiri Senanayake became Secretary. The latter worked for Chandrika, and as we know she came back and took over. By then, though, it should be noted that Sunethra was supportive of her brother and when, forgetting the change that had taken place, I asked her what her sister was up to, she told me that she was trying to throw ‘my darling brother’ out of the party.
by Shamindra Ferdinando
Today, the electorate is at a crossroad with twice-president, Mahinda Rajapaksa, launching a new movement to form a government, at the Aug 17 parliamentary polls. A confident Rajapaksa launched his parliamentary polls campaign at Anuradhapura where he vowed to overcome the Maithripala Sirisena-Wickremesinghe combination. The pledge was made at the largest ever gathering in the historic city, where Rajapaksa recalled ancient kings had defeated foreign invaders. The war-winning leader alleged that the present Yahapalana government had destroyed, within six months, what his administration had achieved since the conclusion of the war in May, 2009. The former President asked what would have happened if the Maithripala Sirisena-Wickremesinghe administration had continued for five years. Since the change of government, in January consequent to Rajapaksa’s defeat, some of those, who had switched their allegiance to the then common presidential candidate, Maithripala Sirisena deserted the new administration. Having joined Yahapalana project, late last November, Liberal Party Leader and State Education, Prof. Rajiva Wijesinha, quit the administration in March. The UPFA included Prof. Wijesinha, in its National List submitted to the Elections Secretariat on July 13, hence making him a key element in Rajapaksa’s team.
Full text of an interview with Prof. Rajiva Wijesinha