The Guest Column by Victor Ivon

22nd October 2000

Way out of the present crisis 

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The President's attempt to form a PA government with the support of other parties is like collecting frogs into an open basket. The government is not prepared to accept Rauf Hakeem's condition that the four commissions that might help reform and strengthen the democratic political system which is fast collapsing be formed within 100 days. That is why the President is being pushed into a position where she has to abandon Mr. Hakeem and seek the support of Ms. Ashraff. 

However, the unconditional support given by Ms. Ashraff to the President is causing a split between the SLMC and the NUA, and this split makes the formation of a government by the President more difficult. Even if she succeeds in preventing this split and forming a government with the greatest difficulty with the support of all concerned, it is unlikely that it will be a government with an active working majority necessary for maintaining a stable administration. 

Although no party has a majority required to form a government, the President has no power to dissolve the Parliament until an year passes. If a dissolution is to take place within this period it has to happen at the Parliament's own will. But a new Parliament composed of MPs elected by the people is unlikely to dissolve itself. 

The best that should and could happen under these particular circumstances is to form an all party government with a democratic political agenda that would strengthen the democratic political system which is collapsing. 

Although in a democratic political system the rulers are elected by popular vote, a major challenge that Sri Lanka democratic political is facing is the vast possibility available to the rulers to come to power to act autocratically in contravention of accepted traditions and to stay in power by autocratic means irrespective of the people's consent. 

Although the existence of an independent judiciary for the purpose of meteing out justice in disputes between the ruling party and the citizens and between the parties competing for power is an essential condition for the survival of the democratic political system, the judiciary itself is in the firm grip of the executive and in such a state that the executive can manipulate it. 

Periodical elections are held to elect the rulers, but those elections are not free and fair. Every party that happens to be in power uses not only the assets of the state to the maximum but also state terrorism at the elections instead of functioning as a caretaker government. 

The state service and the police are highly politicised. There is no legality or tradition in them. Politics has become an undue means of making money in a mass scale. The law does not operate against corruption practised with government patronage. 

If Sri Lanka fails to effect a quick programme of reforms that will bring about a revival in the democratic political system and will arrest the rapid decline that exists in the entire political system, there will be an early collapse and the whole country will be in a mess. 

How to introduce in practice an early structural reform that would lead to a revival in the existing political system which is now in decay? How to bring about a political consensus required for it? This is the biggest challenge before the country today? 

First of all the judiciary which is in the firm grip of the executive must be brought to a state of independence. The distortion caused by appointing unsuitable persons to prominent posts must be ended. A system must be introduced by which no party which comes to power will be able to appoint persons in an undue manner to positions in the judiciary. Thereby the independence and the dignity of the judiciary must be established. 

The Executive Presidential System which has caused a massive distortion in the entire political system must be abolished and a Parliamentary System of government should be re-established or the Executive President must be made responsible to Parliament and made subject to the law. 

A system of ethics which sets out the duties and obligations of all persons elected to the executive and the legislature by popular vote must be enacted and a mechanism must be instituted to which complaints against offenders can be made and which can inquire into those complained and punish those found guilty. 

An independent elections commission with broad powers must be created so that elections held to choose people's representatives will be completely free and fair. Also an independent public service and an independent police commission so that independence and the dignity of the public service and the police service will be ensured. 

A system of institutions should be established so that the entire operation of state media will be impartial, and legal reforms must be introduced to ensure the freedom of the media. 

Laws must be enacted that will ensure internal democracy in the political parties. 

A national policy must be introduced on education, health and transport and about privatisation of national assets and about agriculture and trade so that room for autocratic action on matters of national importance will be minimised.

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