The Political Column

21st March 1999

Wayamba still makes news

By our Political Correspondent

President Chandrika Kumaratunga in a re cent speech condemned and ridiculed the 1978 Constitution describing it as rubbish and "J.R.ge Bahubutha Viyavasthawa."

Many observers ask how the President when she is legally bound to uphold and defend the Constitution, could dismiss it as rubbish.

Article 28 (a) of the Constitution, states: "The fundamental duty of the President is to uphold and defend the Constitution and the Law."

Many agree the President could make a critical analysis of the Constitution but not ridicule it as nonsense. Most people agree there are serious flaws in the 1978 Constitution, but it was a vast improvement on the 1972 Constitution drafted under the Sirima Bandaranaike Government.

The 1978 Constitution incorporates significant features such as the executive presidency, the proportional representation system of election, remedial measures for any violations of fundamental rights and provision for a referendum on important issues.

Some of them were obviously aimed at serving the interest of the Jayewardene regime, while the preference voting system has caused problems within problems. But it must also be admitted that clashes within parties over preference votes are largely due to indiscipline and excessive personal ambitions. If all parties act like the JVP in disciplining party members, then the PR and the preference vote could be positive features for democracy.

By allowing preference votes, the voter is given the right to choose the candidate he wants rather than vote for a candidate that the party wants. Still, there can be faults in this system, too, when a voter is given three preferences. But this has been added, keeping in mind the minorities and giving them an opportunity to elect candidates of their choosing.

The executive presidency when looked at in positive terms ensures minority participation. It has given added value to the vote and role of the minority. No executive president could be elected without the minority vote. Thus, minority parties are known to prefer the executive presidency.

President Kumaratunga, who promised to abolish the executive presidency within one year has so far failed to do so for reasons known to her. While enjoying the benefits and fruits of the executive presidency, she ridicules the Constitution which provides for such a system.

When one reminds her about the promise to abolish the executive presidency, the President has a stereotype answer, saying everything would be included in the proposed Constitution which is billed as coming, coming but still not come.

It must also be granted that the 1978 Constitution set the trend for devolution of power to the provinces, though there are limitations and lapses.

Overall, it appears that the President's speeches concentrate more on political mileage through personal attacks and accusations, instead of rising to the level of analysing and interpreting policy.

It seems the Government is often unable to talk about the positives of today, perhaps because there is little to talk about. So it often goes back to the dark era of the past.

While the Government is still blaming or attacking the UNP for most things, the main opposition party also does not appear to have put its act together effectively for the upcoming poll. Many analysts note that while Ms. Kumaratunga is launching scathing attacks on opposition UNP leader Ranil Wickremesinghe, the counter attacks by him are lukewarm.

At a party leaders' meeting, recently, a UNP top-rung member A.C.S. Hameed proposed that the party's resolution to give more powers to the Commissioner of Elections be incorporated in the package on constitutional reforms.

He said the UNP would provide a 2/3rd majority for the Government to go ahead with this.

Speaker K.B. Ratnayake said there could be a special sitting of Parliament if the parties agree on this special proposal. But it appears that the Government is not keen to take up those proposals now. Hence, political parties taking part in the election monitoring committee headed by President Kumaratunga feel the exercise may not serve much of a purpose.

Some UNP members complain the party leadership had played into the hands of the President by joining the committee. Some UNPers feel the party should have insisted on the cancellation of the controversial Wayamba provincial elections as a sign of the Government's sincerity towards ensuring fair elections in the future.

At the last UNP parliamentary group meeting, some MPs demanded withdrawal from the monitoring committee, but it was not accepted. Meanwhile, election-related offences are also on the increase, giving rise to fears of more violence and malpractices, despite all the pledges.

In the Central province, the rank and file of the UNP is divided on the Nawalapitiya grenade-throwing incident, where one man was killed and about 30 injured. Some feel disciplinary action should be taken against errant UNPers, but others believe the party should stand by them.

Amidst all these, the election monitoring committee also met on Wednesday after the weekly meeting of the ministers. The UNP delegation headed by leader Ranil Wickremesinghe and chairman Karu Jayasuriya were present at Temple Trees on time. The President kept them waiting while she discussed party matters with Ministers C.V. Goonaratne, Anuruddha Ratwatte, Dharmasiri Senanayake, Kingsley Wickremaratne and the Colombo chief ministerial candidate Susil Premjayanth.

It is learnt that the clashes between Mr. Premjayanth's supporters and Kotte Mayor Chandra de Silva's supporters were taken up by the President.

After sometime Mr. Wickremesinghe became impatient and told Minister Ratnasiri Wickremanayake that his delegation would leave Temple Trees if the President did not turn up.

Mr. Wickremanayake thereafter sent word to the President who cut short her discussions with the ministers to meet party leaders. Minister Ratwatte was seen leaving Temple Trees sporting a smile and waving to the UNP leader.

At the election monitors meeting, JVP leader Tilvin Silva protested over the manner in which they were treated at the entrance to Temple Trees when they came for the last meeting which was postponed.

The President was not ready to take the blame. But after some cross talk, she apologised for the sudden postponement of the last meeting though she again put the blame on bureaucrats.

Thereafter, the President referred to the Nawalapitiya incident saying the UNP could not deny its involvement in violence.

The President told the UNP to put their own house in order first.

Mr. Wickremesinghe responded by saying the legal process was on and the law should take its course with regard to those incidents. But he wondered why most incidents were taking place in Gampola and Nawalapitiya.

General Secretary Gamini Atukorale and the President then got involved in a heated cross talk. The President said that PA candidate, Aluthgamage was shot when he was at home.

But Mr. Atukorale challenged this and told the President not to make statements without knowing the full story. The President was reading from a report that she received probably from Minister D.M. Jayaratne who is in charge of Gampola and Nawalapitiya areas.

Mr. Atukorale charged that the attackers came in CTB buses which were taken by them forcibly from a depot nearby.

The President snapped back: "You mean to say that the PA supporters took these buses forcibly and attacked UNPers and then went and shot Aluthgamage."

Mr. Atukorale said "he was not suggesting any such thing but he wanted a probe on how PA supporters came there."

When arguments and counter-arguments continued, SLMC leader M.H.M. Ashraff called for a ceasefire on Gampola so that they could take up other important matters. At this stage, JVP's Tilvin Silva said that although the President promised to dismantle cutouts within 72 hours, no action has been taken.

The President said it had been agreed that party leaders should tell their members to remove the banners and cutouts and if there was a lapse, all should take responsibility.

But Mr. Silva insisted that according to the minutes of the last meeting it had been agreed she would direct the police to pull down posters, banners and cutouts.

But the President said the police were unable to carry out that order.

The alternative was for the police to give protection for the local authorities to do the job.

When the President referred to Wayamba and said the incidents had brought disrepute to the PA, the New Left Front leader Wickremabahu Karunaratne said the President was telling different things at different times but she could take steps if she was really interested in doing so. He told the President to summon the Wayamba chief minister to the Temple Trees and order him to move for the dissolution of the council.

Mr. Atukorale has reminded the President of the decision taken by the monitoring committee to obtain a report from Media Minister Mangala Samaraweera for the fair distribution of TV and radio time for all parties. But the President said she had forgotten about it and would see to it soon.

Thereafter, a subcommittee of the election monitors decided to meet on Friday. At this meeting which was chaired by Ratnasiri Wickremanayake, Mr. Atukorale reiterated the UNP's proposals to enhance the powers of the Elections Commissioner.

Mr. Wickremanayake said it would be a long procedure but Mr. Atukorale insisted that if the Government was interested, Parliament could be summoned within 24 hours to discuss this matter. It was finally agreed that a decision would be taken when the committee meets again on Thursday.

The UNP is again pushing for its proposal after its strategy to achieve it through the judicial process failed.

When the Supreme Court recently took up the Attorney General's petition for permission to change the date of elections, UNP lawyer K.N. Choksy said that his party's view was that it should be done through Parliament. The UNP's plan was to take this up in Parliament and simultaneously push for more powers to be given to the Elections Commissioner.

But the plan fell apart when the Supreme Court gave permission for a change of date.

At the last meeting, the election monitors were also told about the decision to withdraw unlicensed firearms and party leaders put pressure on the Government to make it compulsory for the members of the ministerial security division and the President's security division to don their uniforms on election day if they were carrying weapons. But Mr. Wickremanayake rejected the proposal.

Mr. Atukorale said a large number of weapons had been distributed to people on the pretext of giving weapons to farmers in the dry zone.

In another development, the crisis in the faction-ridden United Lalith Front, has taken a new twist with a charge-sheet now being served on party leader Sirimani Athulathmudali for allegedly violating party decisions.

Ms. Athulathmudali who was instrumental in sacking outspoken MP Ravi Karunanayake from the party later withdrew the letter of dismissal, after Mr. Karunanayake put it to the Supreme Court and got an order in his favour along with compensation. Mr. Karunanayake has also filed a civil suit in the District Court claiming damages from Ms. Athulathmudali.

At a meeting of the party's working committee it was decided to take action against Ms. Athulathmudali, sending her a show-cause containing 28 charges.

Neither Ms. Athulathmudali nor Mr. Karunanayake was present at this meeting.

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