The Political Column

1st August 1999

Constitutional Assembly soon

By our Political Correspondent

The killing of Tamil moderate constitutional expert and intellectual giant Neelan Tiruchelvam by the LTTE on Thursday is another serious blow to the renewed effort to bring about a peaceful solution to the country's ethnic crisis.

Dr. Tiruchelvam, an architect of the constitutional reforms package put forward by the PA government has done much to achieve the aspirations of peace-loving moderate Tamils in the country. Those who know him and his political thinking are aware it was aimed at searching for a just solution to the Tamil problem. They would no doubt condemn this heinous crime in the strongest of terms. Even the LTTE sympathisers in Colombo were disturbed over the killing of Dr. Tiruchelvam.

A few days before, he looked a worried man when he told his parliamentary colleague SLMC's M.M. Zuhair that he was under LTTE threat.

The killing of Dr. Tiruchelvam comes at a time when the government has renewed efforts to get support for the constitutional reforms package which is to be presented in Parliament later this month.

The LTTE's dastardly act in slaying Dr. Tiruchelvam is proof that this ruthless and intolerant group is against any solution. It appears to be part of the warped LTTE strategy to express willingness to talk to the government but when the talks reach final stages, the LTTE makes a quick exit, turning the whole exercise into a mockery.

Dr. Tiruchelvam, like his father and Minister Murugesan Tiruchelvam, was a moderate voice of reason. But he was killed by a group whose barbaric ideas do not allow any dissent or deviation from the destructive path of violence and hatred.

Meanwhile, the government's move to present the package in Parliament raises the question as to whether the initiative made by the business leaders would be relegated to the sidelines. The business community is discussing its future role when the whole issue becomes a debate between the PA and the UNP in Parliament. The government's aim appears to be to push the package through Parliament with or without the support of the UNP. It might even solicit the support of some UNPers who are keen on pushing the political solution.

The LTTEers are as tough as ever, saying the package is intended mainly to justify the military push of the government. Uncertain of the UNP's position, the government is reported to be planning to set up a constitutional assembly to deal with the matter. For this, they have an argument. Articles 75 and 76 of the Constitution say Parliament cannot suspend the Constitution without bringing into operation a new Constitution and Parliament cannot abdicate or alienate its legislative power to any other council.

Thus, the only way that it could be done, some legal experts think, is through a constitutional assembly. Whether this would be approved by the Supreme Court if someone challenges it is another matter. Legal experts also point out that the then UNP government was able to set up provincial councils through the 13th Amendment since the Supreme Court by a majority decision held that the 13th Amendment did not abdicate the legislative power of Parliament. In this backdrop, it is likely that the government would go ahead with the package in a bid to woo minority Tamil voters to its side. In the past few elections, the PA has seen a disturbing trend of minority Tamil votes drifting towards the UNP largely due to what they saw as the inaction of the PA, in solving the ethnic crisis. Realizing this, the President who is obviously keen to go for an early presidential election has decided that the time has come to present the package in Parliament. Another reason for the move is to, on paper at least, set a fresh deadline for the abolition of the executive presidency. This has become a major embarrassment for the PA, especially after the violence at the July 15 demonstrations. The opposition parties want the abolition of the executive presidency done first without linking it with the constitutional package.

In the meantime, the main opposition UNP is working out a strategy on the constitutional package. The UNP has appointed a committee to go into the matter and the strategy is likely to be the two-fold.

According to insiders, the UNP is likely to support the second reading of the reforms package in Parliament, but would oppose the provisions where it had not reached agreement with the government at the committee stage. It appears that the UNP at the committee stage would vote with the government to abolish the executive presidency, but would refrain from voting with the government on other issues.

UNP leader Ranil Wickremesinghe at a meeting with top lawyers recently reportedly said President Kumaratunga's tough anti-LTTE speech at the Kotelawala Defence Academy was damaging. He told the lawyers that he would ask the President as to whether Dr. Tiruchelvam had to pay the price for her speech at the KDA.

In that speech the President said that in the context of the new concept of nationhood and national security which would guide the country to the new millennium the security Forces would have to promote national integration. "Today the armed forces are making an immense sacrifice in fighting the terrorists. They are signatories to international humanitarian laws, but we have to fight against an enemy who are not bound by those concepts," she said. She also accused the LTTE of being unable to survive outside the war situation and of ethnic cleansing.

Beside these, the UNP is also planning its course of action if the government tries to prosecute some of their members for disorderly behaviour during the July 15 demonstrations. The UNP protesters marched from three places to the Town Hall and proceeded towards Temple Trees where their procession was broken up by the police and government goon squads.

At a recent meeting at Sirikotha, Mr. Wickremesinghe said M.H. Mohamed, Nanda Mathew, Susil Moonesinghe and Upatissa de Silva had been reported to court by the police. He said the police had filed a B report in the Magistrate's Court. They were told to be present at a meeting on Tuesday at the party leader's office at Cambridge Place to discuss related matters with the top lawyers headed by former Attorney-General Tilak Marapana.

At this meeting it was decided to fight the case on the basis of the right to hold a peaceful demonstration based on the Supreme Court judgement in the Vivien Gunewardene case. The UNP will also claim that the July 15 violence was provoked and perpetrated by the police or government goon squads.

It is an irony that the UNP when in government prosecuted Vivien Gunewardene, is now citing the same case for defence.

Another talking point is the face-to-face meeting between CWC and Sinhala Weera Vidahana leaders at Sajith Premadasa's wedding. CWC leader S. Thondaman was seen seated with Mr. Wickremesinghe and UNP Chairman Karu Jayasuriya. Mr. Thondaman told a long story of how the Sinhala Weera Vidahana harassed the CWC and beat him. Mr. Jayasuriya observed that Suren Abeygoonesekara, a staunch activist of the SWV was also present.

Mr. Wickremesinghe then brought Mr. Abeygoonesekara to the same table for a chat with Mr. Thondaman, only telling them not to blame the UNP for their differences. With the UNP leader listening, they spoke about various disputes, including the clash at the May Day rally and the transfer of the Nuwara Eliya SSP, allegedly on Mr. Thondaman's insistence. Mr. Thondaman said he had only criticised the Nuwara Eliya police and had not singled out the SSP who he believed was fixed by some other person.

As they were speaking, Mr. Wickremesinghe went up to the table where the editors were seated and invited Upali Group director Edmund Ranasinghe. But he declined to join. When the UNP leader realized that Mr. Thondaman and Mr. Abeygoonesekara were having a cordial chat, Mr. Wickremesinghe moved away, apparently to talk to the estranged former General Secretary Sirisena Cooray. When a journalist asked Mr. Wickremesinghe whether he would re-admit Mr. Cooray to the UNP, he replied that the doors were open for anybody to join it any time. But he asked where Mr. Cooray was. Then there was some confusion as Bodhie Ranasinghe and those who accompanied Mr. Wickremesinghe ran in search of Mr. Cooray, but he had already left.

Mr. Cooray had been seated with Stanley Kalpage and Sarath Kongahage who are not on the best of terms with Mr. Wickremesinghe. Later Mr. Cooray moved to the editors' table where he appeared to be relaxed in their company and chatted with them for a long time on current affairs and the party.

The following Sunday, Mr. Cooray handed over his People's Plan for national development to the newspaper offices. The preamble states:

"The draft plan for national development is a statement of shared concern, a concern shared by most people about the plight of our nation. As the draft plan shows, the list of our nation's problems, is too long and the cost of deterioration of our economy, of our systems of government and of our values and attitudes are just too high to allow any complacency.

The state has to, in particular, direct its policy towards ensuring:

a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

b) that the ownership and control of the resources of the community are so distributed as best to serve the common good;

c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

To get a balanced, national development, a new approach to the development process itself is needed. The biggest, intellectual and political challenge of our times is to articulate and demonstrate this new kind of approach.

Economic development is a continuous process which has to be extended over a long period so as to break the vicious circle of poverty and lead the country to a stage of self-sustaining growth. It is a sad reflection of our prevalent culture that development has come to mean a mere increase in consumption and production of material goods and services. Development is not a product that can be obtained just with economic growth. On the contrary, it is a process which enables all levels of society - individual, community and nation - to become more self-reliant and more independent in choosing and deciding their own future."

In another development, the government has run into problems with the SLMC over a statement allegedly made by the popular Buddhist priest Ven. Gangodavila Soma Thera on state-controlled ITN recently. The Buddhist monk who is using the freedom of expression to the very limit had hit out at Minister M.H.M. Ashraff on Deegavapi and land settlements there. An infuriated Mr. Ashraff has threatened to sue the ITN over the alleged statement which prompted the ITN to act fast to put forward the minister's point of view.

The minister made a separate statement on the ITN and invited Ven. Soma Thera for a discussion. He said the monk's allegation was baseless. The matter has now gone up to the Cabinet while the ITN is trying to arrange a discussion between Ven. Soma Thera and Minister Ashraff.

Minister Alavi Moulana who volunteered to look into the matter later telephoned the ITN's Chairman and asked whether he was trying to create problems for President Kumaratunga while her government was striving hard to bring about communal harmony in the multi-religious and multi-racial society. He told the ITN Chief that he would be reporting the matter to the President. However, it appears that the ITN or the government is unable to keep Ven. Soma Thera out because he is popular not only among Buddhists, but also among followers of other faiths.

According to latest reports, the government is planning a massive show of strength in Colombo to mark its fifth anniversary on August 19. It is planned to bring upto 100,000 people for this rally.

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