Cohabitation is the key

Though the 1978 Constitution may not have been drafted with a two-party government as the focus, the verdict of the people at the December 5 election was as though they wanted the two parties to get together and solve the country's burning problems that had defied a solution largely due to the conflict between the two main parties.

Can a two-party government work within the 1978 Constitution? Some say it may lead to an acrimonious political atmosphere because both the UNP and the PA (SLFP) have more often than not preferred politics of conflict to politics of consensus. Whenever one party comes out with a likely solution, the other party aborts it in the belief that its rival's success will spell its doom. The two parties are also known for either abandoning or changing programmes of the outgoing government when they come to office. As a result, the country had suffered for want of continuity.

But at the December 5 elections, the people have voted in a UNP government, with the message being that they want the two parties to work together. But will they? Initial reports suggest there have been some problems.

Though the Constitution empowers the President to hold any portfolio or several of them, the newly elected UNF did not believe this to be a workable arrangement.

Initially, the President did not want to part with the defence portfolio which some analysts thought she had the right to hold since, constitutionally the President is the commander in chief of the armed forces. But the UNP's argument was that if the President held the defence portfolio it might hamper its peace efforts with the President likely to pull in a different direction.

Last Saturday, Prime Minister Ranil Wickremesinghe expressed fears that the President would retain the defence portfolio. The PA defector S. B. Dissanayake then got in touch with the outgoing Prime Minister Ratnasiri Wickremanayake to issue a warning that if the defence portfolio was not given, thousands of people would take to the streets and compel the President to accept the UNP formula.

However, when Mr. Wickremesinghe met the President on the same afternoon, they did not discuss anything on the defence portfolio or for that matter any other portfolios. When Mr. Wickremesinghe arrived at the President's House, the first question asked by the President was as to when he wanted to take oaths as the premier. In accordance with Mr. Wickremesinghe's wish, the swearing in of the prime minister was fixed for Sunday afternoon.

Mr. Wickremesinghe was sworn in by the President as the 17th Prime Minister of Independent Sri Lanka. 

The President looked strained but she had no alternative but to go ahead with the ceremony. At the tea party hosted by President Kumaratunga, both leaders talked of many things, but not on governmental matters. When Mr. Wickremesinghe was about to leave and was coming down the stairs, President Kumaratunga asked him whether some of his MPs were trying to storm the President's House? Mr. Wickremesinghe said there was nothing like that. 

The President then asked whether he could issue a statement to that effect. But Mr. Wickremesinghe said it was not necessary because there was no move to organise any demonstration. However, the tussle for the defence portfolio continued for a few days.

On Monday Prime Minister Wickremesinghe met JVP leaders and a delegation of the People's Alliance with the aim of forming a government of national reconciliation. The PA at a separate news conference had announced that it would not join the new government but pledged to support any good move of the government.

Soon after the Prime Minister held talks with the JVP and the PA, he wanted to meet with the President to sort out problems such as the defence portfolio, but President Kumaratunga said she needed more time and fixed the appointment for Tuesday at 4 p.m. 

Mr. Wickremesinghe along with UNP Deputy Leader Karu Jayasuriya met the President as scheduled and to their surprise, she agreed to hand over the defence portfolio with good grace. But she said she would keep the administration of the Presidential Security Division to herself. With the decision to hand over the defence portfolio, the President's position is now that of a ceremonial figurehead.

Although executive powers had been conferred on the President in terms of the Constitution, the status has now been undermined and most of the executive functions have been taken over by the Prime Minister and the cabinet. The argument is that practically the new mandate given to the UNF by the people on December 5 superseded the earlier mandate given to the President by the people at the 1999 presidential elections. 

The UNP's position is that the President could remain as the Commander-in-Chief of the Armed Forces and head the Security Council and the Cabinet. But the responsibility of running the government and other affairs including national defence should be on the Prime Minister. 

One legal expert pointed out that the executive arm of the government could function unhindered only when both the Executive and Parliamentary powers were held by one and the same party. When the executive power is held by two different parties, then the power automatically becomes part and parcel of the government with a new mandate. However, the President constitutionally remains as the executive head. But her wings are clipped. 

Some others say that it is the most opportune time for both these parties to work together and address the issues of the country with priority being given to the North-East ethnic crisis.

The UNF is at an advantage as far as the ethnic problem is concerned. The PA would not be in a position to oppose any solution based on devolution of power as it had included it in its August 2000 draft Constitution.

Some say, the PA's proposal for a quasi federal government — though it did not use that term to describe its package — could be a starting point for the UNF government's new peace initiative.

Meanwhile, the LTTE sent a signal to the new government that business was as usual when it launched a major attack on the day the new government was sworn in. The LTTE attack in a way nullified PA allegations that there was an unholy nexus between the UNP and the rebels.

The swearing-in which was greeted with gunfire by the LTTE in the East could well be a message to the new government that time was running out for a negotiated settlement. So it is incumbent upon Prime Minister Ranil Wickremesinghe to make a few early strides towards this. And he is doing exactly that. He will be leaving for India this week to hold talks with leaders there in an effort to upgrade India's role in the peace efforts. But whether there would be a lifting of the ban on the LTTE and when will it be lifted are questions that beg answers.

Under the prevailing circumstances, the ethnic crisis should be resolved on a priority basis within the shortest possible period to enable the country to prosper and register positive economic growth. If the ethnic crisis is resolved, everything will fall into place for the Wickremesinghe government.

But the new government faces an equally daunting task in putting the economy on the right track at a time when the world economy is in recession. The new government could do better only if it takes some very austere measures including the cutting of extravaganza and curbing corruption.

While the new Prime Minister was planning his strategies on Tuesday morning before submitting the list of ministers to President Kumaratunga, the defeated PA Parliamentary Group held a meeting presided by the President to conduct a postmortem on the December 5 elections and tackle other issues. The President suggested that former Prime Minister Ratnasiri Wickremanayake be appointed as the leader of the opposition-a compromise note between two other contenders — former Minister Mahinda Rajapakse and former Speaker Anura Bandaranaike. Though there were repeated pleas by various MPs including Colombo's Bharatha Lakshman Premachandra to put the matter before the general body of the Parliamentary group to decide, the President wanted to avert any confrontation between Mr. Bandaranaike and Mr. Rajapakse.

The President at the meeting indicated that though she was willing to give up the finance portfolio, she would like to retain defence. Some critics said it was her way of sending confusing signals to her opponents in the UNP and also to her partymen. When the President indicated her desire to retain the defence portfolio, Minister Mangala Samaraweera advised her against it. But her trusted lieutenant Lakshman Kadirgamar had in the meantime persuaded her to give up all portfolios and to attend to her constitutional functions as the President. At 4 p.m. when the President met Mr. Wickremesinghe and UNP Deputy Leader Jayasuriya, she had made up her mind to hold no portfolios and thus end speculation that kept the UNPers guessing for sometime.

In finalising the cabinet, Mr. Wickremesinghe also faced difficulties similar to that faced by President Kumaratunga a year ago. President Kumaratunga had to expand her cabinet to 45 to please everybody and to keep the flock together in view of the slim majority her alliance enjoyed in parliament. Though Mr. Wickremesinghe's government was comparatively stable, he also had to accommodate many people who had worked towards achieving the victory.

Mr. Wickremesinghe, however, limited his cabinet ministers to 25 members and through a strategic manoeuvre appointed another 28 as non-cabinet ministers in terms of Article 45 of the Constitution making the total number of ministers to 53. 

Most of the non-cabinet ministers are holding portfolios which do not have corresponding subjects held by cabinet ministers. So it gives a free-hand to the non-cabinet minister to function virtually as cabinet ministers. The non-cabinet ministers could also be invited to participate in cabinet meetings. But they do not enjoy full cabinet privileges.

There were rumblings in the UNP over the cabinet appointments. Ministers Ravi Karunanayake, Rajitha Senaratne and Milinda Moragoda reportedly expressed their misgivings openly when they were not given cabinet status. 

Another minister who was not altogether happy, was Mahinda Samarasinghe. He told this column that he knew of the difficulties faced by the Premier and since there was nobody in the cabinet to hold the subject allocated to him, he had no problem of discharging his duties to the best of his abilities. Minister Karunanayake was pacified by SLMC leader Rauff Hakeem who said there could be a review and shuffle within a month. Dr. Senaratne was also given a similar assurance after which they settled for their non-cabinet portfolios.

In the case of Mr. Moragoda, UNPers said his supporters expected him to be appointed as the Minister of Finance, but when he was told that he would be given science and technology, he was upset and did not want to accept it. He agreed to be sworn-in as the Minister only after the economic reforms portfolio was given to him and an assurance that he would be made a cabinet minister shortly. In the meantime, the IMF Chief in Colombo Nadeem-ul-Haq also met with Prime Minister Ranil Wickremesinghe for informal talks and suggested that a person who knows the subject well should be appointed as finance minister. There were rumours within the UNP circles that Mr. Haq was also echoing what Mr. Moragoda's supporters had been saying with regard to the finance portfolio. It is learnt that some powerful Western diplomats too were supportive of this claim that Mr. Moragoda would be the finance minister.

A significant feature in the Wickremesinghe cabinet is that he had not allocated the two most important portfolios to the Deputy Leader and the Assistant Leader. The Deputy Leader was entrusted with power and energy while Assistant Leader Gamini Atukorale was assigned Transport, Highways and Aviation. The two key ministries in any government, Defence and Finance which are normally retained by the Prime Minister or the President in recent times went to two of the most trusted and neutral and non-controversial personalities — Tilak Marapana and K.N. Choksy. 

Political observers wondered whether Mr. Wickremesinghe was hitting back at some party seniors who in April challenged his leadership. But others argued that the rebellion yielded some results leading to the formation of the United National Front government. However, Mr. Wickremesinghe remained unruffled during that storm, led the party to victory at the general elections. He may face rough weather but he is a seasoned campaigner who could weather any storm. Mr. Wickremesinghe is a shrewd strategist who could tackle any challenge. The way he addressed the UNP Group meeting on Thursday indicated that he meant business. 

Minister S. B. Dissanayake gave new hopes to the party when he said that party Leader Wickremesinghe should assume office of the President in a few months.

Be that as it may, both the UNF and the PA have nominated defeated members to Parliament on the national list. Candidates who have been rejected by the people are back in Parliament through the national list. It is time for the party leaders to think seriously about such appointments because it may not auger well for the parties in the long run. In addition it makes a mockery of democracy and people's franchise.

Not only are cabinet appointments and national lists causing intra-party conflicts, but secretarial appointments also are causing controversies. Rumour was rife self-exiled former Treasury Secretary K. Paskaralingam is to be brought back to be given the all important post of cabinet Secretary. There is also speculation that UNP chairman Charitha Ratwatte could be appointed as Treasury Secretary.. 

While SLAS officers and public servants express reservations over this decision, others have welcomed it as an indication that the government is trying to make the state machinery efficient. Mr. Ratwatte is no doubt an efficient officer who had handled five ministries and the post of Director-General of Janasaviya. A good administrator, Mr. Ratwatte will make a good Treasury Secretary, an opposition politician told this column. But it is a cause for heart burn for the very senior SLAS officers who aspire to end their career after occupying this top slot in the government service.

Another significant development with the UNF victory is the boom in the stock market. But with the appointment of the new cabinet, the market began to slide. Market analysts attributed this to lack of 'feel good factor' in the new cabinet. Others felt that a speculative buying spree was settling down once again to reality. One analyst said it was as yet confusing and nobody would know who was handling what unless they go through the official gazette which is yet to be published. Market leaders expected dynamic characters in the new cabinet such as Karunasena Kodituwakku, Mahinda Samarasinghe, Milinda Moragoda, Ravi Karunanayake, Rohitha Bogollagama and a few others, but it had not become a reality.

Some old faces which brought the PA government down have taken a prominent place in this cabinet too, they point out.

In the meantime, the 25-member cabinet is likely to be expanded in a month's time to accommodate more.

It is open-ended because the party expects to accommodate some MPs from the PA in a government of national reconciliation, one UNP stalwart said. But President Kumaratunga is not interested in such a set up right now, though some of the former ministers have expressed their willingness to join hands with the government.