Both President Chandrika Kumaratunga and Prime Minister Ranil Wickremesinghe have conveyed to each other that there won't be any major change in their respective positions with regard to the proposed constitutional amendment, which seeks to restrict the presidential power to dissolve parliament.

President Kumaratunga feels that certain provisions in the proposed amendment, especially the clauses that permit a conscience vote, could disintegrate her party. Presidential advisors have pointed out that the conscience vote clause could creep into other bills also in the backdrop of a threat to dissolve parliament. This could create a scenario where PA MPs will be voting for UNF-sponsored bills, leading to a gradual disintegration of the multi-party system.

The President had apparently taken this advice seriously and wanted to have a one-to-one meeting with the Prime Minister on Tuesday. At this meeting, the President reiterated her position, saying she was opposed to piecemeal abolition of the executive presidency and her party was in favour of the total abolition of that all-powerful office.

The Prime Minister told the President that the UNF cabinet would like to hear her views on the proposed amendment when she came for Wednesday's meeting. The President responded saying that she had not got sufficient time to go through the draft. The President also said that she could not come up with alternative proposals since her focus was on the abolition of the executive presidency in its entirety. She told the Prime Minister that she had prepared a draft for the abolition of the executive presidency and it could be presented as the 19th amendment.

Like many political observers, the President is also uncertain whether the government could muster the required two-thirds majority in parliament. But the general consensus among the party stalwarts is that the PA should agree to a compromise.

If the PA votes en bloc with the government on the 19th Amendment then the provision on the conscience vote becomes redundant and the government should drop it, a PA leader told this column.

The committee appointed by the President to look into the 19th Amendment has, however, advised that the amendment should be amended in line with the President's assurance to the Speaker that she would not dissolve parliament as long as the ruling party commands a parliamentary majority. At the same time, the committee also opposed the clause, which said that Parliament could dissolve itself through a resolution.

According to the PA proposals, the President is precluded from dissolving Parliament when the government enjoys the confidence of Parliament and that can only be tested through a vote in Parliament.

The relevant extracts of the President's letter to the Speaker are as follows:

"When a person is elected a member of Parliament at a general election he or she is entitled, along with the general body of electors in the country, to expect that Parliament will run its full term of six years.

"These are reasonable expectations shared by the whole country and its citizenry which we are all committed to serve. Members of Parliament are elected after a strenuous and usually expensive campaign. The machinery of government is under heavy strain during an election campaign.

"We have witnessed in recent years, all too sadly, that our elections have been preceded and followed by a degree of violence unworthy of a people who have had the benefit of universal franchise for nearly three quarters of a century. A general election could cost almost a billion rupees, which our country can ill afford to spend. Election campaigns have become over the years acrimonious and bitter. They divide and polarise our society.

"A pending general election causes confusion and uncertainty for our business sector and for foreign governments and enterprises which wish to deal with the government. The decision to dissolve Parliament prematurely is one taken in the interests of the whole nation, with due care and caution and a due sense of responsibility. I am fully conscious of these constitutional duties and obligations.

"The Commissions established under the 17th Amendment to the Constitution have not yet been established, The National Police Commission and the Election Commission, in particular, should be given time to function effectively before any General Election could be contemplated.

"In the present context, the dissolution of Parliament could have unexpected and unforeseeable effects on the peace process and jeopardise its beneficial results at a time when the thoughts of all political parties should be focussed on the question of prime national importance, that of bringing the ethnic conflict in our country to a close in a peaceful manner with a just and durable solution which satisfies the aspirations of all our people in our multi-ethnic, multi-religious society.

"I believe that, above all, the people of our country need a respite from the hurly-burly of national elections. We have had a Presidential Election and two General Elections in less than three years.

"In a parliamentary system of government a dissolution of Parliament before the expiry of its stipulated period usually takes place when the government of the day loses its majority and faces defeat on the floor of the House on a no confidence motion or on an important financial bill such as the Budget, and it is found to be impossible to constitute a new government from among the members of the existing Parliament Today the Prime Minister and the Cabinet appointed after the General Election held on December 5, 2001 appear to enjoy a working majority in Parliament.

"Taking into account all the facts and circumstances to which I have referred, by virtue of the powers vested in me by article 32(3) of the Constitution under which the President of the Republic has the right to send messages to Parliament, I wish to inform the Members of the 12th Parliament, and through them the people of Sri Lanka, that I shall not dissolve the present Parliament unless the party which presently commands the confidence of the House loses its majority and an alternative government cannot be formed from among the members of the present Parliament."

At the UNP's working committee meeting on Monday night, Minister K.N. Choksy urged the members to seriously study the PA's proposal. He drew the working committee's attention to the President's address at the SLFP's annual convention in Kandy where she indicated that the PA would be agreeable to the amendment if the time frame was restricted to two years instead of UNF's three years.

"We should consider this seriously because the interpretation of the Supreme Court could go either way," he said. Minister Tilak Marapana, a one-time Attorney General, endorsed Mr. Choksy's view.

Mr. Choksy is expected to meet former Foreign Minister Lakshman Kadirgamar to work on a compromise formula as regards the amendment.

Earlier, several UNF ministers met Mr. Kadirgamar to solicit the PA's support for the 19th Amendment.

Most observers feel that a compromise formula is likely because parliamentarians from both sides are not ready to face an election right now. Most of the MPs are of the view that a general election at this juncture is unimaginable because of the huge campaign cost involved.

In the circumstances it is most likely that many PA MPs would agree to restrict the President's power on dissolution, taking cover behind the President's communication to the Speaker, provided the UNF agrees to drop the conscience vote clause which bars a party from taking disciplinary action against its MPs who defy the party whip. At Wednesday's meeting of ministers, Defence Minister Tilak Marapana announced that the gazette notification lifting the ban on LTTE would be issued at midnight.

He said that the ban would be lifted temporarily to facilitate September 16 talks between the government and the LTTE in Sattahip, Thailand.

Mr. Marapana said the ban would be lifted under the powers vested in him as the Minister of Defence.

Earlier Foreign Minister Tyronne Fernando queried the Prime Minister as to whether a Cabinet decision would be taken to that effect. But the Prime Minister told the ministers that it was not necessary since there was no state of emergency in force. He said that the Defence Minister could do it under the powers vested in him.

The President, who did not turn up for that meeting, has opposed the move since she holds the view that it should be done only when the talks reach a progressive stage.

In an apparent bid to show her dissent, President gave a warm welcome to a delegation of Buddhist monks who oppose the lifting of the ban. The lifting of the ban has given rise to a legal dispute over who has the authority to do that.

Attorney General K.C. Kamalasabeyson defended the government's position saying that the Defence Minister had powers to lift the ban since the proscription was effected under the Prevention of Terrorism Act.

The initial ban in January 1998 came through a presidential proclamation under the Public security Ordinance when the country was under a state of emergency. The ban was later extended under the PTA.

But Presidential advisors claimed that legally, the President could stop the deproscription move while Sihala Urumaya leader Tilak Karunaratne said the only way she could do that was by taking over the defence portfolio.

Meanwhile, SLMC leader Rauff Hakeem during his discussion with LTTE chief negotiator Anton Balasingham on Tuesday in London, managed to clinch a deal whereby Muslim interest would be represented at the peace talks.

According to the deal, Mr. Hakeem would participate at the first round of the talks as a member of the government delegation but at subsequent talks, he would participate as the leader of the Sri Lanka Muslim Congress, thus representing the Muslim voice, making the peace talks a tripartite exercise.

The London meeting took place following a request made by Minister Hakeem to the Norwegian facilitators. The initial arrangement was to meet both LTTE leader Velupillai Prabhakaran and Dr. Balasingham in the Wanni, but this could not be done because of a delay in Dr. Balasingham's arrival in Wanni owing to logistical problems.

Hakeem received a call from the Norwegian embassy in Colombo on Friday August 30 informing him that the meeting would take place on September 3.

By then Cabinet Spokesman G.L. Peiris had already told the media that Hakeem would be a member of the government delegation at peace talks. The announcement came amidst calls from the SLMC's East-based MPs, National Unity Alliance MPs and several Muslim organizations that Mr. Hakeem should lead an independent Muslim delegation at peace negotiations.

The three NUA MPs - Ferial Ashraff, M.L.A.M. Hisbullah and Segu Issadeen pledged support to the SLMC on conditions that it should field a separate Muslim delegation for talks and promote setting up of a predominantly Muslim Council in the East.

Mr. Hakeem, therefore, had to reach a compromise between these two ends. It was clear from the very beginning that the government was keen on having Mr. Hakeem on its side as his presence would help them to increase its bargaining power, especially when it comes to devolution proposals for the East.

But Mr. Hakeem's prime concern was his larger responsibility towards his community, the Muslims, who now look up to him to clinch a fair deal for them in the final solution to the North-East conflict. When he left Sri Lankan shores in the wee hours of Sunday morning his mind was preoccupied with the immediate challenge before him - striking a balance between these ends and getting the LTTE green light for it.

And this he did during his discussion with Dr. Balasingham. After hard bargaining, the SLMC leader managed to get what he wanted - to be part of the government delegation in the preliminary round of talks and lead a separate Muslim delegation from the second round when more contentious issues are taken up. Mr. Hakeem is also scheduled to hold his long overdue second meeting with LTTE Chief Prabhakaran after the first round of talks.

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