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COPE began its investigations on Friday June 5th, and we met every day the following week, except on the Friday – again my fault, for I had arranged another trip, our High Commission in Delhi having succeeded in getting visas for Azerbaijan. During the weekend I read the reports the Bank had prepared on the whole business, and found the situation even worse than I had thought. Because of Mahendran’s actions, the interest the country had to pay on bonds had shot up, so that not only had Perpetual Treasuries, the company associated with Mahendran’s son-in-law, made a massive profit, but also the interest payments Sri Lanka had to make on loans after February 2015 reached ridiculous heights.

Our questioning of bank officials revealed an even more sordid side to Mahendran’s machinations. The first Deputy Governor we interviewed seemed to me a very shady character, and not very bright. I actually asked Nivard Cabraal why he had promoted him, to which the answer was that he was good at some things, and had seniority on his side. But he knew nothing of debt, so it was suspicious that Mahendran had put him in charge of that area.

The Director in charge of that area also knew nothing of the subject, but my sister told me that she was known for her honesty. She had called my sister when she was transferred to that position, expressing worries about her capacity to handle the job, but my sister told her that integrity was vital and that was perhaps the reason for the move. Certainly she exuded decency, to the point of practically breaking down when we reprimanded her for not having told the Governor that it was wrong to take 10 billion worth of bonds when the advertised amount had been 1 billion, and the few bids for large amounts were at high rates of interest. She declared that they had told him this repeatedly and, though they stopped him from insisting on 20 billion being taken, he had been adamant about 10.

Her Deputy was a very smart young man, and it was clear that he had made the position clear to Mahendran, but they had been over-ruled. It transpired too that Mahendran had come down to the bidding floor twice that morning, and had interfered egregiously in the process. It was absurd therefore that the UNP lawyers had claimed that he had no direct responsibility for what occurred.

Other suspicious details included the fact that Perpetual Treasuries had obtained a loan from the Bank of Ceylon for its bid, and that this had been approved straight away with no proper assessment of the request. It was unprecedented that the Bank, which was also a primary dealer, should not have bid to any substantial degree for bonds, but had instead underwritten the bid of a private company. Read the rest of this entry »

The manifesto was launched at a ceremony at Vihara Maha Devi Park on December 19th. That was my grandmother’s birthday, and I thought, when I went to the cemetery afterwards, that she would have been pleased that I was working together with Ranil. At the same time, though I realized that was essential, and UNP support was of the essence if Maithripala Sirisena were to win, it was also clear that the UNP itself was in shambles, and had little capacity for effective coordination.

I had sensed this in the decline of Mangala Samaraweera, whom I had thought of as one of the more sophisticated members of the UNP. He had been instrumental in getting Vasantha Senanayake to be the first member of the government to announce publicly that he would not support Mahinda Rajapaksa, though sadly for Vasantha he ignored the request that the Press Conference be held at an independent venue. Mangala instead dragooned Vasanth into making his announcement at Siri Kotha, which led to him being identified with the UNP, which had never been Vasantha’s intention. That was taken ruthless advantage of later to cut him down, tragically for both President Sirisena and also for the UPFA, which he could have contributed to immeasurably.

Twice after the common candidature was announced, Vasantha took me to see Mangala. But instead of the bright strategist I had assumed I would find, I had to deal with an amiable drunk, who wanted nothing better than to gossip over a drink, and then another. After the second such evening, in his delightful house in Ratmalana, I realized that this was yet another broken reed, his period out of power having deprived him of the capacity to focus which he had displayed earlier as a Minister.

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qrcode.31104759After he won election, Jayewardene ignored his own political theories when he found himself in command of almost absolute power following the massive electoral victory in 1977. He was virtually unquestionable for, along with Senanayake, most of those who had held cabinet office in the 1965 UNP government were dead. Jayewardene was more senior than all those who remained and he soon dismissed his only contemporary, a cabinet minister who had been with him in the 1950s.

The fact that he did not implement his proposals was clearly his own decision rather than the result of political compromise. He probably realised that his control of parliament would be enhanced by continuing the requirement that the cabinet should be drawn from parliament. The executive would not be criticised by members of his own party if they were hoping to join it and if its senior members were present with them in parliament. Another reason may have been that he was winning over members of other parties by offering them executive positions. It would have been embarrassing if they had to vacate their parliamentary seats for this new system, in which case candidates would have had to be nominated to the seats by either Jayewardene himself or the party to which they had originally belonged.

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qrcode.30986403The 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.

qrcode.30826356In 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.

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qrcode.30761940In 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.

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qrcode.30756486Seeing 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’.

Ranil-ChandrikaThat 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.

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qrcode.30675367The last conference I attended was in the North East of India, where the topics encapsulated in the title of Prof. Hettige’s book loomed large. The same issues that bedevil development questions in this country were apparent there, and could be summed up perhaps in one word, namely consultation.

I was asked, earlier this week, to speak on the ‘Nexus between Development and Governance; a Sri Lankan Perspective’ at the launch of Prof. Siri Hettige’s latest book, ‘Governance, Conflict and Development in South Asia: Perspectives from India, Nepal and Sri Lanka’. This is in fact a collection of essays, co-edited by Prof. Hettige, bringing together the proceedings of a series of discussions on the subject.

I must confess that I went through only the essays on Sri Lanka, which is a shortcoming, but I should add that I thought it best to concentrate on this country, given the crisis we are going through. Prof. Hettige made some admirable points, though he did so with the detached dignity of an academic, whereas in the current context there might have been a case for a more aggressive approach. But since the essays were written some time back, and the book was a record of what had taken place, I must grant that it would have been difficult to be creatively topical.

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qrcode.30640274In 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.

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CA

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.

qrcode.30571558He 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.

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Rajiva Wijesinha

June 2017
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