Prime Minister, D.M. Jayaratne, sprung a surprise on ministers at the weekly Cabinet meeting last Wednesday.
He circulated a brief two-page note calling upon his colleagues to approve a recommendation asking the Legal Draftsman's Department to formulate a set of draft constitutional amendments. The parameters of the changes proposed were spelt out. Ministers lost no time in endorsing it.
Interestingly, some ministers did not turn up for Wednesday's meeting. Since President Mahinda Rajapaksa was on an official visit to India, they believed that only routine matters would be taken up for discussion. Premier Jayaratne, who chaired the meeting, underscored the urgency by placing a note. That clearly showed the UPFA Government was giving priority to constitutional changes, notwithstanding protests from Opposition parties.
The amendments which the ministers decided on Wednesday to ask the Legal Draftsman to formulate relate to three aspects. They are:
(1) Changes to the 17th Amendment to the Constitution.
(2) Delete existing Constitutional provisions that allow a President only two six-year terms, and
(3) Incorporate new provisions to the Constitution to enable the President to be present in Parliament every three months.
The ministers have asked the Legal Draftsman to give the matter high priority. It will mean the draft changes will go before the Cabinet either the coming Wednesday or a week later. That the Government is keen to push ahead with the constitutional changes became clear when President Rajapaksa addressed UPFA Parliamentarians last Monday, just a day ahead of his visit to India.
He told them that the MPs would be given an opportunity to discuss all the constitutional amendments before they were presented to Parliament.
The Government would not go ahead with any constitutional change that was opposed by the majority of MPs, Rajapaksa assured.
In terms of the Cabinet request to the Legal Draftsman, a string of changes are to be made to the 17th Amendment.
One is the abolition of the Constitutional Council. Though no such Council is operational now, the 17th Amendment (article 41 A) provides for a Constitutional Council comprising (a) the Prime Minister, (b) the Speaker, (c) the Leader of the Opposition in Parliament, (d) one person appointed by the President, (e) five persons appointed by the President, on the nomination of both the Prime Minister and the Leader of the Opposition and (f) one person nominated upon agreement by the majority of the Members of Parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belong and appointed by the President. The Speaker shall be the Chairman of the Council.
More powers to the President
With the abolition of the Constitutional Council, existing provisions relating to the Constitutional Council's powers and duties will be expunged. It is the Constitutional Council, which is at present, tasked to appoint the independent Elections Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Permanent Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission.
 |
 |
| Ranil Wickremesinghe |
Sajith Premadasa |
In formulating amendments in this regard, the Legal Draftsman is to provide for the President to make appointments to these Commissions. At present, the President is debarred from making appointments to any of these commissions unless such appointments have been approved by the Constitutional Council. It will also empower the President to appoint the Chief Justice, Judges of the Supreme Court, the President and the Judges of the Court of Appeal and Members of the Judicial Service Commission.
Along with these news powers, the President will have the power to appoint the Attorney General, the Auditor General, the Inspector General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary General of Parliament. Provision is being made in the draft amendments requiring the President to consult the Prime Minister and the Speaker of Parliament before appointments are made.
The Legal Draftsman's Department is also to formulate amendments to delete Article 30 (2) of the Constitution. This provision states that "no person who has been twice elected to the office of President by the People shall be qualified thereafter to be elected to such office by the people."
The move would mean that a President could contest any number of times for the Presidency notwithstanding the terms he or she has held.
A new provision is to be included in the amendments to enable the President to take part in Parliamentary proceedings every three months. The move is the result of a proposal made by Wimal Weerawansa, leader of the National Freedom Front (NFF), at a party leaders' meeting where constitutional reforms were discussed. He was of the view that the President should be afforded an opportunity to report to Parliament periodically on national issues and also answer questions raised by MPs, both Government and Opposition.
The Sunday Times learns that proposed constitutional reforms will come in three different packages. The first will be the set of amendments the Legal Draftsman's Department has been asked to formulate after Wednesday's Cabinet approval. The second set of amendments is to relate to changes in the electoral system. The third is to relate to the setting up of a second chamber or a Senate. Our front-page report explains how the Senate will function as the apex of a grassroots level organisation at the village level.
Constituent parties of the UPFA are also making their own representations on the constitutional changes they wish to have. One such party, which had talks with Minister G.L. Peiris, who is overlooking the constitutional changes is Wimal Weerawansa's National Freedom Front (NFF). Among other matters, the NFF wants provisions enshrined in the Constitution to charge in the Supreme Court any persons who advocate separatism. It wants the onus of proof placed on the accused and for the Supreme Court to hear such cases within 90 days. Peiris wants to meet delegations from other constituent parties of the UPFA also for talks connected with the constitutional amendments.
However, the main opposition United National Party (UNP) said it would strongly oppose the constitutional amendments. Deputy Leader Karu Jayasuriya said in a statement that the amendments were against the country's democratic framework. He said it was "stubborn action" and the party would voice its strongest opposition to the move. He said the same Government had vowed to abolish the executive presidency during elections in 1994.
Nevertheless, Government sources say they are confident more than 12 Opposition parliamentarians would support the constitutional changes - an assertion which confirms the UPFA would have more than the two thirds majority required to pass these amendments.
Ranil-Sajith duel deepens
The UNP, in any event, has little time on its hands to worry over the outcome of the proposed constitutional amendments. The crisis within the party is not over. In fact, this week issues exacerbated. The first was over a meeting the six-member Committee on UNP reforms held with a contender for UNP leadership, Sajith Premadasa.
It took place after a group of UNPers, including MPs, had ended a meeting at the residence of Bodhi Ranasinghe, a long-time party apparatchik and one-time Chairman of the Hotels Corporation at his Kalinga Place residence in Kirulapone. Thereafter, the six-member reforms committee headed by one-time Speaker Joseph Michael Perera had a two-and-half-hour meeting with young Premadasa to seek his views on party reforms. A committee member wanted to know whether Premadasa wanted to become the leader of the party or its deputy. "I want to keep all options open," he replied. A more pointed question was to draw a rather angry response.
He was asked whether he was willing to work as the deputy to UNP leader Ranil Wickremesinghe. "I cannot trust him," was the answer. The remarks not only showed Premadasa had parted company with Wickremesinghe but also delivered a grim message. He will find it difficult to serve the party if ever he becomes its leader since he will not want Wickremesinghe who he says he does not trust. The same will extend to Wickremesinghe loyalists whom Premadasa will find difficult to trust.
During the long-drawn discussion, reform committee members tried to persuade Premadasa to take a conciliatory approach. They suggested a one-on-one meeting between Wickremesinghe and him to iron out differences. "I do not wish to go alone. He (Wickremesinghe) would give different versions thereafter to the media," he declared.
It was agreed that reform committee members would be present when the meeting took place. It was fixed for Friday night but other events were to lead to its cancellation. Even the reform committee meeting with Premadasa at the residence of Ranasinghe became a controversy.
Colombo North Parliamentarian Ravi Karunanayake telephoned Wickremesinghe to complain that the committee should not have met Premadasa at the residence of Ranasinghe. The proper place, he said, was Siri Kotha, the party headquarters, or the Parliament complex. Karunanayake also spoke on the telephone with UNP General Secretary Tissa Attanayake to make the same complaint. He told both Wickremesinghe and Attanayake that he would write officially to them complaining against the conduct of the committee.
The Wickremasinghe-Premadasa 'summit' witnessed by members of the UNP's Reforms Committee was not to materialise. The reason -- a seminar for UNP MPs and Provincial Councillors held at the office of the Jathika Sevaka Sangamaya, the UN- backed trade union located next to Siri Kotha in Kotte. Among those invited to speak were two academics from the University of Peradeniya -- Prof. M.O.A. de Soysa and Prof. Mahinda Somathilaka. Also joining in was Prof. Ganganath Dissanayake, Senior Lecturer at the Journalism Department of the Sri Jayawardhanapura University.
During his lengthy speech, Dr. de Soysa had launched a bitter attack both on Sajith Premadasa as well as his father, the late President Ranasinghe Premadasa. Even Dr. Harsha de Silva, who was nominated to the UNP National List by Wickremesinghe could not bear the tenor of the attack. He rose to say it was most inappropriate for Dr. Soysa to use that occasion to criticise former party leaders. He said the occasion was meant to educate new MPs and Provincial Councillors on their roles and the prevailing political situation.
Sajith Premadasa was livid when he heard the news of the attack. He said he would not be meeting Wickremesinghe, as planned, last Friday. Wickremesinghe was not present when Prof. de Soysa made the remarks against the Premadasas, though the seminar had been organised by Wickremesinghe loyalists. However, on hearing what had happened Wickremesinghe telephoned Premadasa on Friday afternoon. He told Premadasa that he (Wickremesinghe) had listened carefully to the tape recording of the speech made by Dr. de Soysa, "The views expressed by him do not represent the party view," he told Premadasa.
However, Premadasa was not too pleased. The Hambantota district Parliamentarian was incensed by the personal references to him. Prof. de Soysa had said that the only service Premadasa had rendered in Hambantota was to build a few maternity homes and pre-schools. He had questioned whether Premadasa had even passed his O/Levels. Wickremesinghe had also spoken on the telephone to Dr. de Soysa. Sources close to Wickremesinghe claimed the professor has had an argument with Premadasa earlier this week. This was over a newspaper article, which he had wanted Dr. de Soysa to write supporting Premadasa's role in the UNP. However, Dr. de Soysa had refused to do so saying he had faith in Wickremesinghe's leadership.
Even MPs who did not attend the seminar were critical of Prof. de Soysa's remarks. "I was told that the lecturers spoke in support of leader, Ranil Wickremesinghe. They did not know politics. That is why the two of them were abusive towards Premadasa. If I was there, I would have made sure they were sent out," said Badulla District Parliamentarian Lakshman Seneviratne, one of the MPs opposed to Wickremesinghe.
However, Galle District Parliamentarian Manusha Nanayakkara defended Wickremesinghe. "There are no other leaders at present to save the party," he told the Sunday Times.
The acrimonious relationship within factions of the UNP will no doubt affect the future of the party. The Committee on Party Reforms will continue to meet provincial and grassroots level organisations in the coming week. Thereafter, its report will come before the Working Committee, the main policy-making body, for endorsement. The report will then go for formal ratification by the National Convention on August 8.
No watchdog role by UNP
While the main Opposition party is almost crippled with internal squabbles, accusations and counter accusations, it is continuing to fail the country by allowing the Government to have a free run. This week, President Rajapaksa returned from India after talks that revolved round greater Indian involvement in Sri Lanka. The UNP's Foreign Affairs spokesman Ravi Karunanayake made a feeble noise in Parliament accusing India of meddling in Sri Lanka's internal affairs. He made what seemed an unsubstantiated claim that India was once again arming groups in Sri Lanka -- a very serious charge to make -- and something that India may wish to formally deny immediately.
But there was no studied response from the main Opposition party to the Joint Communiqué issued by India and Sri Lanka after the Rajapaksa state visit, something that would have been expected from any Opposition party. The other day, a UNP MP Dayasiri Jaysekera speaking in Parliament said that Sri Lanka would soon become a Chinese colony at the rate it was going taking loans from China and cited examples from African countries that had done so before and fallen in trouble. Apart from these few and far between individual voices, nothing really substantial comes from the Opposition.
While the in-fighting continues within the UNP, the Government will set in motion Constitutional amendments which, to quote Napolean Bonaparte (and J.R. Jayewardene) would "roll up the map" and change the face of Sri Lankan politics for years to come. |
E-mail