Economic crisis, political turmoil present a fresh opportunity for US-backed TNA

 SPECIAL REPORT : Part 413

Published

  2022/03/30

March 2015: President Maithripala Sirisena shaking hands with GTF spokesperson Suren Surendiran in London. The late Foreign Minister Mangala Samaraweera looks on. The meeting took place during Sirisena’s first overseas visit after the presidential election in Jan. 2015. Last year, a joint TNA-GTF delegation made representations to the US administration regarding the latest developments, with the focus on the post-2019 presidential election situation(pic courtesy GTF)

By Shamindra Ferdinando

Sri Lanka is under pressure to back the US-EU stand on the war in Ukraine. The cash-strapped government, struggling to cope up with the deepening political crisis within the ruling coalition, stepped-up opposition protests, and the growing economic turmoil, is also under pressure to reach a consensus with one-time Liberation Tigers of Tamil Eelam (LTTE) loyal ally/mouthpiece, the Tamil National Alliance (TNA) as part of the overall response to the current difficulties.

President Gotabaya Rajapaksa received the top TNA delegation, at the Presidential Secretariat, last Friday (25). The US swiftly welcomed the twice-postponed talks. The US response indicated that negotiations between the two parties had the Biden administration’s blessings and is in line with their overall strategy. Interestingly, those countries calling the incumbent dispensation to condemn Russia, over the continuing war in Ukraine, while they continued to persecute Sri Lanka, without shame, on apparent trumped up war crimes charges, emanating from the Vanni offensive, in 2009, when the country was fighting the LTTE, “the world’s most ruthless terrorist outfit”(FBI assessment). Except Japan, all other countries, including South Korea, voted for resolutions at the Geneva-based United Nations Human Rights Council (UNHRC) against Sri Lanka on those Western-led charges. Japan abstained.

Instead of working together, to address the issues at hand, the government and the Opposition are pulling in different directions. The All-Party Conference (APC), initiated by President Gotabaya Rajapaksa, at the request of SLFP leader Maithripala Sirisena, MP, is unlikely to facilitate a consensus among the warring political parties.

The failure on the part of political parties, represented in Parliament, to reach a consensus on how to face the daunting economic challenge, is obvious. Although the APC is very much unlikely to achieve consensus on ways and means to overcome the economic crisis and is nothing but a political sham, the talks between President Rajapaksa and the TNA are of crucial importance, if they can hammer out a real deal, unlike the usual failed APC circuses of the past. The TNA that once recognized the LTTE as the sole representative of the Tamil speaking people (2001) and backed the then General Sarath Fonseka at presidential election (2010) after having accused him and his Army of committing war crimes, is obviously taking advantage of the current developments to pursue its agenda. The TNA had no qualms in backing Maithripala Sirisena, who served as the Acting Defence Minister the day the Army killed Velupillai Prabhakaran, at the 2015 presidential election. Therefore, negotiating with President Gotabaya Rajapaksa, who had been the wartime Defence Secretary, shouldn’t overwhelm anyone.

The UK headquartered Global Tamil Forum (GTF), the widely influential Tamil Diaspora outfit, backs the TNA’s efforts to reach a consensus with the government. In fact, the TNA and the GTF have been working together for over a decade and gradually enhanced collaboration. The TNA-GTF dealt with President Sirisena’s administration (2015-2019) after having backed the presidential polls campaign. The late Minister Mangala Samaraweera played quite an important role in building that relationship. Perhaps the highpoint in that relationship was President Sirisena meeting the GTF representatives, Rev Father Emmanuel and Suren Surendiran, in London, in March 2015.

Following the first meeting between President Rajapaksa and the TNA, since the last presidential election, in Nov 2019, top TNA spokesperson President’s Counsel M.A. Sumanthiran announced consensus on four issues, namely (i) setting up of a ‘North-East Development Fund’ to attract investments (ii) releasing of long term LTTE detainees held under the Prevention of Terrorism Act (iii) stopping the takeover of land in the Northern and Eastern regions by successive governments (iv) probing disappearances.

Exclusive talks

The Illankai Thamil Arasu Kadchchi (ITAK), led TNA solidly stood with the LTTE until the very end. At the behest of the LTTE, the TNA relentlessly tried to convince Colombo-based Western embassies to throw a lifeline to the embattled LTTE leadership. At that time, the GTF hadn’t been at least formed and the TNA job was to speak on behalf of the LTTE, both in and outside Parliament. The TNA did its job like an ardent follower.

The TNA reiterated its commitment to Prabhakaran when the group’s Batticaloa fighting cadre switched their allegiance to the renegade battlefield commander Karuna Amman, in early 2004. At the parliamentary polls, in early April 2004, the LTTE-backed TNA (by stuffing ballot boxes as noted by EU monitors) and helped it to secure 22 seats in the Northern and Eastern Provinces, thereby emerging as the dominant political power therein. That had been the highpoint in the TNA’s parliamentary representation, since its formation in 2001.

Today, the TNA has been reduced to 10 lawmakers, whereas Gajendrakumar Ponnanmabalam (leader of the All Ceylon Tamil Congress [ACTC]) and Thamil Makkal Thesiya Kuttani [TMTK]), led by retired Supreme Court justice C.V. Wigneswaran, have emerged as formidable rivals though their combined parliamentary representation is much smaller than that of the TNA. Both Ponnambalam and Wigneswaran, who entered politics on the TNA ticket to become the Chief Minister of the Northern Province in 2013, represent the Jaffna electoral district.

In case, President Rajapaksa succeeded in finalizing an exclusive agreement with the TNA, the coalition that comprises three political parties, including two former Indian trained terrorist groups would have a clear advantage over other Tamil political parties. In addition to the TNA, ACTC, TMTK, EPDP and the SLFP are represented by Tamil lawmakers, born in the Northern and Eastern provinces.

The TNA appeared to have cleverly exploited the current situation to its advantage. The TNA would receive the backing of UNP leader Ranil Wickremesinghe, though the former deprived the latter of certain victory at the 2005 presidential election. On behalf of the LTTE, the TNA ordered the Tamil electorate to boycott the 2005 presidential election. That move allowed Mahinda Rajapaksa to win the closely contested race with a thin majority of about 190,000 votes. Annihilation of the LTTE’s conventional fighting capability, four years, later during Mahinda Rajapaksa’s first term, should be examined against the backdrop of the LTTE ensuring Rajapaksa’s triumph at the crucial election. With the demise of the LTTE, in May 2009, the TNA has gradually deteriorated. Having realized the TNA’s true status, the TULF deserted the outfit as it didn’t want to be Prabhakaran’s cat’s paw. Years later, the EPRLF abandoned the outfit. Today, the TNA comprised the dominant partner ITAK, PLOTE and a faction of the TELO. But, the grouping wielded immense power due to the continued US backing, as well as Indian support.

TNA’s real intention

What does TNA really want? In spite of repeating concerns over disappearances, those detained under the PTA, and alleged taking over of land in the Northern and Eastern Provinces, the TNA’s real interest is nothing but the formation of North-East Development Fund. Such a mechanism would enable Sri Lanka to attract unlimited foreign investment. During the 30-year war, on a number of occasions, the LTTE, some members of the international community, and the then governments, discussed the formation of special mechanisms to receive funds.

One such mechanism has been included in a tsunami aid-sharing deal between President Chandrika Bandaranaike Kumaratunga’s government and the LTTE, finalised in the middle of 2005. However, the Supreme Court blocked some sections of the clauses in the post-Tsunami Operational Management Structure (P-TOMS). Among the four clauses that had been termed illegal by the Supreme Court were the ones on locating the regional fund headquarters in Kilinochchi, the northern headquarters of the LTTE, and the operations of the regional fund. It would be pertinent to mention that the Supreme Court was moved by the JVP, the then main ally of Kumaratunga’s People’s Alliance. The 39-member JVP parliamentary group quit the government group in late Jun 2005, thereby reducing the administration to a minority.

Two years before the P-TOMS, the LTTE, through the Interim Self-Governing Authority (ISGA) offer, proposed to have the authority to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade. The LTTE issued the proposal on Oct. 31, 2003, after having quit direct negotiations with Wickremesinghe’s government. The LTTE insisted on having ISGA arrangement in place in the then temporarily merged Northern and Eastern Provinces, consisting of eight administrative districts, until a permanent can be implemented. Both the US and the EU welcomed the ISGA proposal. The ISGA proposal created an explosive situation, both in and outside Parliament. President Kumaratunga acted swiftly and decisively. On Nov 04, 2003, President Kumaratunga suspended Parliament, took over defence, interior and media ministries and ordered troops to be deployed in readiness for any eventuality before declaring a state of emergency. On Feb 07, 2004, she dissolved Parliament and called the general election on April 02, 2004. The JVP contested on the PA ticket. The JVP won 39 seats, including three National List slots. In June, the following year, the JVP walked out of the government parliamentary group over P-TOMS agreement.

The formation of North East Development Fund can quickly consolidate the government’s relationship with the TNA and the powerful Tamil Diaspora grouping. In a way, the eradication of the LTTE completely appeared to have created an environment conducive for closer cooperation between the government and the other Tamil parties.

The disagreement between the government and the TNA over the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill on March 22, 2022, didn’t hinder the March 25 talks at the Presidential Secretariat. The Bill was passed in Parliament with a majority of 51 votes. The TNA is unlikely to allow any other issue undermine its ongoing effort to work out an agreement on the proposed North-East Development Fund.

Internal conflict intensifies

SLPP lawmaker Gevindu Kumaratunga, in the run-up to the presidential election, in Nov. 2019, repeatedly called for a new Constitution that reflected Sri Lanka’s triumph over separatist terrorism. Kumaratunga, who spearheaded the Yuthukama civil society group, didn’t mince his words when he addressed gatherings even before President Gotabaya Rajapaksa. Today, the embattled SLPP leadership has quite conveniently forgotten their main assurance at the presidential and parliamentary polls in 2019 and 2020, respectively, to unveil the draft constitution in Nov 2021.

Can the proposed setting up of the North-East Development Fund be compatible with the current Constitution or the one in the making? Can the proposal overcome possible legal challenges if interested parties moved the Supreme Court like in the controversial case of P-TOMS?

The dissident SLPP group is concerned about the possibility of the TNA taking advantage of the current crisis to pursue its strategy, inimical to Sri Lanka. Being part of the dissident group, Yuthukama cannot certainly keep quiet about the proposed North-East Development Fund. Can there be an exclusive mechanism for the benefit of two provinces? For MP Kumaratunga, the proposed North-East Development Fund is a daunting challenge. Having campaigned for a Constitution that reflected post-war ground realities, lawmaker Kumaratunga will now have to be contend with a high profile setup that may pose a threat to the integrated financial network.

Lawmaker Sumanthiran seems confident that there’ll be no legal challenge to their latest move. The Jaffna District lawmaker appears to have examined all possible hindrance to the proposed North-East Development Fund that may pave the way for a dialogue between the government and the LTTE.

However, the Presidential Media Division (PMD) made no reference to the proposed fund gathering mechanism in its statement issued in English. The TNA’s controversial stand, in respect of hybrid war crimes court, is evidence that regardless of the LTTE’s demise, the group remained committed to its political objectives.

In June 2016, the TNA declared it has reached a tripartite consensus in respect of foreign judges, defence attorneys, investigators, etc., in a Sri Lankan judicial mechanism to probe war crimes. The TNA quoted MP Sumanthiran as having told a ‘Congressional Caucus for Ethnic and Religious Freedom in Sri Lanka’ in Washington that the agreement had been reached following negotiations involving the government of Sri Lanka, the TNA and the US.

The declaration was made in the presence of Sri Lanka’s Ambassador in Washington, Prasad Kariyawasam. Attorney-at-law Sumanthiran stressed that a resolution was moved in Geneva, in Oct 2015, following an understanding that the participation of foreigners wouldn’t be contrary to Sri Lanka’s Constitution. Declaring that he had been personally involved in the negotiations, with the US also participating in that particular process, Sumanthiran said: “There were some doubts created, as to whether the Constitution of Sri Lanka would allow for foreign nationals to function as judges and we went into that question, clarified it, and said yes they can”.

Sumanthiran told the Congressional Caucus that the resolution, accepted at Geneva, had been negotiated and they settled for a hybrid model though they originally asked for an international inquiry. The GTF spokesperson Suren Surendiran told The Island at that time that agreement on the text of the Geneva resolution had been reached following negotiations among what he called the Core Group of members at the UNHRC, the government of Sri Lanka and representatives of Tamils. The agreement on a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators was certainly not negotiable, Surendiran declared, in response to The Island query.

The US-backed TNA project seems to be on track. Current political turmoil amidst the worst economic crisis in the post-independence era will certainly help the former LTTE ally, adapt at pursuing its objectives.

Emergence of Champika’s outfit against backdrop of economic chaos

  SPECIAL REPORT : Part 412

Published

  2022/03/23

Lawmaker Ranawaka addressing the national conference of the ‘43 Brigade’ at the Monarch Imperial Auditorium, Sri Jayewardenepura, Kotte, recently

Can Rescue & Thrive project attract public attention?

By Shamindra Ferdinando

President Gotabaya Rajapaksa referred to lawmaker Patali Champika Ranawaka’s public statements, during a recent private meeting with some of his supporters. The President queried whether the former minister’s declarations shouldn’t be examined, taking into consideration his record as a minister (continuously from Feb 2007 to Nov 2019 under different Presidents).

President Rajapaksa questioned whether Samagi Jana Balavegaya (SJB) MP Ranawaka could absolve himself of the responsibility for the current crisis the country is experiencing. In other words, if the Cabinet of Ministers, headed by the President, is collectively responsible for decisions taken, can a member of that Cabinet absolve him/herself of that responsibility?

Against the backdrop of the ruling Sri Lanka Podujana Peramuna (SLPP) at the receiving end over the current crisis and the bankrupt Opposition trying to capitalize on the public misery, civil society grouping ’43 Brigade’, affiliated to lawmaker Ranawaka, has attempted to capitalise on the situation.

President Rajapaksa’s hitherto unreported comments on the former minister should be examined taking into consideration the project undertaken by the ’43 Brigade.’ MP Ranawaka emphasised at the National Convention of the ’43 Brigade’, in January, this year that whatever the current dispensation professed, the change of the system should begin in Parliament. The MP declared the country has been bankrupted due to the utterly irresponsible conduct of rulers between 2005 and 2015, conveniently forgetting his own leading roles in that regime.

The new political outfit has emerged close on the heels of ruination of traditional political parties and alliances. They have proved their policy statements are meant to deceive the people. Dr. Indrajit Coomaraswamy, one-time Governor of the Central Bank of Sri Lanka (July 2016-Dec 2019), recently blamed the current crisis on the failure on the part of successive governments to manage the expenditure since the country gained Independence. Sri Lanka had been plagued by a toxic combination of populist politics and an entrenched entitlement culture among the people, Dr. Coomaraswamy pointed out adding “Time and again, the electoral calendar has undermined fiscal discipline.”

The Election Commission (EC) organised an event at the five-star Galadari Hotel, to celebrate the national Voters’ Day with the participation of President Gotabaya Rajapaksa, on March 11, whereas the polls monitoring body, the People’s Action for Free and Fair Elections (PAFFREL) and the March 12 Movement jointly organised a public meeting at the Sri Lanka Foundation, on March 14, to mark the 90th anniversary of the country receiving universal franchise. Can celebration of such events, with a dance troupe, etc., be justified under any circumstances, at a time the country is on the verge of being declared bankrupt?

The ’43 Brigade’ has paid a glowing tribute to Dr. Coomaraswamy for the way he handled the monetary policy as Governor and head of the Monetary Board after having succeeded disgraced Arjuna Mahendran.

Former Attorney General Gamini Wijesinghe who delivered the keynote speech, at the SLF, lambasted the five-star parliamentary system for the ruination of democracy as well as the national economy. Wijesinghe quietly brashly blamed the executive, the legislature and the judiciary for the current calamitous situation. Damning declarations made by Dr. Coomaraswamy and Wijesinghe, if properly used, can possibly have quite a devastating impact on the major political parties and alliances. It would be pertinent to mention that the UNP is no longer a major political party. Instead, it has been reduced to just one National List seat filled contrary to the stipulated constitutional requirement. The electorate brought the UNP down to its knees at the last parliamentary election whereas its breakaway faction, the SJB, secured 54 seats. Lawmaker Ranawaka’s affiliation with the ‘43 Brigade’ obviously rattles the SJB.

The Opposition needs a common front against the incumbent President. At the 2010 presidential election, the Opposition accepted the then General Sarath Fonseka as the presidential candidate. In spite of being backed by the US and a coalition comprising the UNP-JVP-TNA-SLMC-ACMC as well as the civil society, Fonseka suffered a humiliating defeat.

At the 2015 presidential poll, Maithripala Sirisena quite comfortably succeeded, regardless of the then President’s personal Astrologer Sumanadasa Abeygunawardena‘s prediction in favour of Mahinda Rajapaksa. The coalition that had been unsuccessful at the 2010 presidential election achieved its objective at the 2015 election with the help of millions of dollars that the US spent on the sinister task as was revealed publicly by former American Secretary of State John Kerry.

In the run-up to the 2019 presidential election wartime Defence Secretary Gotabaya Rajapaksa emerged as the SLPP’s candidate and comfortably won the contest, primarily due to the public losing faith in traditional politicians and the 19th Amendment to the Constitution depriving Mahinda Rajapaksa another chance to contest the presidential poll.

Just two years into the Gotabaya Rajapaksa presidency, the national economy is in tatters. Although the crisis cannot be entirely blamed on the global epidemic Covid-19, the SLPP has sought to largely blame it all on Covid and the Russian invasion of Ukraine. Let us only hope Uncle Sam is not involved!

The Opposition cannot afford to pull in different directions. Opposition Leader Sajith Premadasa, who is also the leader of the SJB, seems to be confident that the current crisis can be solved by defeating Gotabaya Rajapaksa at the next presidential election. Obviously, Premadasa considers himself as their presidential candidate. Therefore, his demand made outside the Presidential Secretariat for early presidential election is nothing but rhetoric. The JVP that staged a far more aggressive protest at the same place ridiculed Premadasa. The JVP for a while forgot their protest targeted President Gotabaya Rajapaksa and instead attacked Sajith Premadasa.

Lawmaker Ranawaka joined the SJB protest along with defeated presidential candidate Sarath Fonseka. At one point, MPs Ranawaka and Fonseka flanked Sajith Premadasa as the SJB marched towards the Presidential Secretariat.

Having studied the ’43 Brigade’ proposals, along with a booklet launched by the then Minister Ranawaka, in 2019, that dealt with his performances as a minister over a period of 12 years, the writer sought an explanation from Attorney-at-Law Shiral Lakthilaka, a livewire of the project, as regards SJB MP Ranawaka’s role in the outfit.

Asked in what capacity MP Ranawaka addressed the national conference of the ‘43 Brigade’ held at the Monarch Imperial Auditorium, Sri Jayewardenepura, Kotte, and whether the outfit’s proposals could be considered as a sort of citizens’ manifesto for the next presidential and parliamentary polls? Lakthilaka said: “Not at all. It is a document that proposes policy framework and thinking to face the present crisis. MP Ranawaka addressed the gathering and endorsed the proposals as a leader of 43 Brigade.”

Lakthilaka, one-time advisor to President Maithripala Sirisena, stressed that the citizens’ initiative ‘43 Brigade’ was meant to mobilise people. Having launched ’43 Brigade’ in January 2021, the organisers released ‘Rescue & Thrive’ on January 23, 2022, amidst the current unprecedented economic crisis facing the country. There is no point in denying the fact that the ’43 Brigade’ exploits the ground situation to advance its agenda, the way ‘Viyathmaga’ did in the run-up to the last presidential election. Since the event at the Monarch Imperial Auditorium, in late January, the economy has suffered a series of shocks, with the government sharply divided over its agenda. At the time of the launch of ‘Rescue & Thrive’, the ’43 Brigade’ wouldn’t have anticipated, under any circumstances, the break-up of the SLPP with a section of the Cabinet rejecting the controversial decision on the Yugadanavi deal, sacking of ministers and the Russian invasion of Ukraine that has caused chaos everywhere. The unprecedented increase in the price of petrol and diesel has been blamed on the Ukraine war. It would be pertinent to mention that the US actions in Eastern Europe that threatened Russia’s legitimate security, political and economic interests, prompted President Putin to order the largest Russian offensive in the recent past.

Champika’s role, yahapalana policies

The 66-page publication dealt with the economic crisis and the ways and means of restoring stability. The organisers asserted their efforts influenced the electorate towards what they called a ‘social discourse aimed at a practical social vision.’

At the time, the ’43 Brigade’ publication unveiled its assessment and proposals, the situation was rather stable. However, since then the situation has taken a turn for the worse with practically every essential item in short supply with long queues for gas and petroleum products. Power cuts imposed for want of diesel required to generate power have disrupted life. Even before the disruption of essential supplies and services, the ’43 Brigade’ commented for the first time that the country is under a very real threat of going into bankruptcy.

Declaring that the ’43 Brigade’ has been warning of deterioration of the national economy, the outfit applauded its senior member lawmaker Ranawaka for warning the country in 2014 through the issuance of ‘Aalapaalu Deshapalanaya’ of the impending disaster and again addressing the issue at hand in 2016. However, the MP owed an explanation how/why he failed to explain the inordinate delay on his part to issue the warning having served President Mahinda Rajapaksa’s Cabinet since Feb 2007. Ranawaka served as the Minister of Environment and Natural Resources (Feb 01, 2007 to April 28, 2010), Power and Energy (April 29, 2010 to January 30, 2013) and Science, Technology and Scientific Research (Jan 31, 2013 to Nov 18, 2014). Then Minister Ranawaka switched his allegiance to Ranil Wickremesinghe in Nov 2014 along with Maithripala Sirisena. In the wake of the change of government, following the 2015 presidential election, Ranawaka was rewarded with Power and Energy Ministry (January 31, 2015 to Sept 07, 2015). Ranawaka received Megapolis and Western Province Development Ministry on Sept 08 and held that portfolio until the change of the government in Nov 2019. Having abandoned the UNP in early 2020, Champika, the one-time Jathika Hela Urumaya stalwart, contested the last general election on the SJB ticket. His one-time colleague in the JHU and Attorney-at-Law Udaya Gammanpila however opted for a political career with the SLPP and recently ended up with a rebellious faction within the government parliamentary group. Interestingly, the once quite influential JHU is now defunct while Gammanpila’s PHU remains a one-MP party.

The ’43 Brigade’ has placed the entire blame on Rajapaksas for the current situation on the basis of large scale borrowings during the 2005-2015 administration. The outfit says: “Careful perusal of loan installments for 2020 and 2021, excluding the Sri Lanka Development Bonds, would reveal that 70% of the installments in 2020 was of those borrowings during the 2005-2015 Rajapaksa regime. (Fought the separatist terrorists to a finish in the battle field, while the self-appointed international community led by the West kept harping that Lankan security forces were incapable of defeating the LTTE)

The debt burden increased to 77% in 2021. In contrast, installments for loans obtained during Senanayake, Bandaranaike, Jayewardene, Mrs. Kumaratunga and yahapalana eras, combined together amounts to just 23%.”

The ’43 Brigade’ defended the yahapalana administration under fire for taking massive commercial loans on the claim they were necessary to pay installments of loans obtained earlier. The outfit pointed out that out of USD 6.1 bn loans obtained in 2018, a staggering USD 5.8 bn (95% of total borrowings) were repaid as installments and interests. If not for IMF loans, the country would have been bankrupt during the 2016-2019 period due to loans obtained during the Rajapaksa administration.

The refusal on the part of the current dispensation to seek IMF assistance should be examined against the backdrop of claims the decision to do away with IMF assistance following the 2019 presidential election caused the crisis. Former Governor of the Uva, Southern and Central Provinces Keerthi Tennakoon is also on record as having blamed the SLPP government for breaking off negotiations with the IMF. The NGO activist who received multiple top appointments, courtesy Sirisena, has faulted the SLPP over the collapsing of talks with the IMF that resulted in the present crisis.

The ’43 Brigade’ accusations that feasibility studies and national procurement guidelines had been disregarded for the benefit of those who wielded power and their associates cannot be ignored against the backdrop of accusation they had amassed massive wealth. The outfit’s comments on financial status of the country at the time of the 2015 change of government are of crucial importance. According to a comprehensive study that had been conducted with the help of the IMF, some borrowings were actually hidden within state institutions to suppress the actual national debt.

Let me reproduce verbatim what the ’43 Brigade’ stated about yahapalana policies: “The key priorities of that government was to take steps to ensure that there was fiscal discipline within the government, improve economic competition, improve the image of the government by working in accordance with good governance principles, protect the rights of the people, democratisation of state rule and lay the foundation for an innovation economy.”

The recent accusations directed at the yahapalana government by former Attorney General Gamini Wijesinghe cannot be ignored. Wijesinghe went to the extent of blaming the UNP-SLFP administration for paving the way for the 20th Amendment by its failure to properly implement the 19th Amendment to the Constitution enacted in 2015.

Fall of yahapalanaya, GR’s emergence

The ’43 Brigade’ blamed what it called internal conflicts within the government and Treasury bond scams perpetrated in Feb 2015 and March 2016 for its downfall. The outfit also found fault with the yahapalana administration for its failure to make the public aware of the crisis caused by the previous administration. The pathetic failure to punish those who had been accused of waste, corruption and serious irregularities, too, contributed to the public losing confidence.

Champika’s outfit quite correctly explained how unprecedented tax concessions as well as reduction in VAT within weeks after the Nov 2019 presidential election eroded the national economy struggling to cope up with the growing crisis. The national economy has been experiencing difficulties at the time the change of government took place and those who advocated tax concessions should accept the responsibility for the current crisis. The current dispensation is in deepening turmoil with the divided SLPP parliamentary group pulling in different directions while some have chosen to remain silent.

Recent declarations made by Dr. Coomaraswamy and Gamini Wijesinghe should prompt the electorate to seriously think of the current political party system that has ruined the country. All those who had been previously elected to Parliament and in the current Parliament should admit the mayhem caused by them due to their selfish shortsighted policies and apologise to the nation. Genuine recovery efforts can take place only if they accept what they have done to the country.

National Voters’ Day celebration amidst economic chaos, deepening political uncertainty

 SPECIAL REPORT : Part 411

Published

  2022/03/16

EC Chairman Punchihewa handing over their proposals to President Gotabaya Rajapaksa, at the Galadari Hotel. The President Rajapaksa, in spite of contesting the last presidential election on the SLPP ticket, is not a member of that political party.(Pic courtesy PMD)

Poor response from political parties

By Shamindra Ferdinando

Nimal Punchihewa, soft spoken Chairman of the Election Commission (EC), didn’t mince his words when he underscored the loss of public confidence as well as overall disappointment in the electoral system last week. Punchihewa stressed the need for far reaching changes in the electoral system while reiterating the EC’s proposals meant to improve and discipline utterly corrupt and wasteful electoral processes. The continuing failure on the part of Parliament to address the grievances of the electorate would be catastrophic and may pose a threat to political stability, he warned.

Attorney-at-Law Punchihewa said so at the ‘National Celebration of Voters’ held at the Galadari Hotel, Colombo, on March 11, the first such event since the establishment of the independent EC in terms of the 19th Amendment to the Constitution.

The House enacted the 19th Amendment, in early 2015, with an overwhelming 2/3 majority. However, the present five-member EC, headed by Punchihewa, came into being in Dec 2020 in terms of the 20th Amendment to the Constitution, enacted in October of the same year, repealing the trouble ridden 19th Amendment, especially when it came to members of so-called independent commissions, some of whom behaved as if they were a law unto themselves. At least one lawyer, in one such commission had the audacity to attack the Opposition in a partisan way outside his ambit.

Punchihewa, one-time public servant and civil society activist, explained the remedial measures that could be taken to address deficiencies and limitations in the electoral system.

The EC Chairman also discussed the need for punitive measures against offending lawmakers, regardless of their standing in society and the contentious issue of campaign funding. The EC Chief pointed out how both external and internal elements could influence political parties through campaign funding.

Punchihewa, who had served the previous EC, too, cannot be unaware of the way then US Secretary of State John Kerry’s boastful public declaration in 2016 how they funded Sri Lanka’s Opposition at the 2015 national elections (presidential and parliamentary polls in January and August, 2015, respectively) and similar stunts in several other countries.

The EC never inquired into the matter of the US interference in Lankan polls after openly boasting of it, even though the issue was raised both in and outside Parliament. The writer personally raised the US interference with the previous three- member EC, headed by Mahinda Deshapriya, but the outfit always side-stepped the issue. Even the European Union Election Observation Mission sidestepped the issue when the matter was raised at a media briefing held at the Colombo Hilton.

President Gotabaya Rajapaksa, Premier Mahinda Rajapaksa, Speaker Mahinda Yapa Abeywardena, Chief Government Whip Dinesh Gunawardena, Foreign Minister Prof. G.L. Peiris, who is also the Chairman of the ruling Sri Lanka Podujana Peremuna (SLPP) and Punchihewa’s predecessor, Mahinda Deshapriya, were among those in the audience. Deshapriya now serves as the Chairman of the Delimitation Committee. The EC attracted criticism during Deshapriya’s tenure as the outfit’s Chairman with the controversial recognition of the now main Opposition Samagi Jana Balavegaya (SJB) in early 2020 being one of the major controversies. The breakaway UNP faction won 54 seats, including seven National List slots at the expense of the UNP at the Aug 2020 general election. The UNP was reduced to just one National List member that was also filled months, after the lapsing of the stipulated time, to fill National List slots.

Punchihewa dealt with the EC’s one-year progress since its appointment in terms of the 20th Amendment to the Constitution and the way forward for a better democracy after Saman Sri Ratnayake, Commissioner General of the Election Commission, greeted the invitees. Reference was made to the absence of Opposition Leader and leader of the Samagi Jana Balavegaya (SJB) Sajith Premadasa. SJB members were not seen though the UNP Chairman and former Minister Vajira Abeywardena, attended the event.

Punchihewa, one-time EC’s Director General, Legal, emphasised the urgent need to introduce, what he called, quite a lot of amendments to existing laws to achieve the desired results. Attorney General Sanjay Rajaratnam, PC, was among the invitees. Perhaps, the EC should have invited Auditor General W.P.C. Wickramaratne, whose officers have, over the years, exposed how lawmakers, Secretaries to the Ministries, senior officials and some sections of the public sector, caused the revenue losses to the government, running into billions of rupees.

Education Minister Dinesh Gunawardena recently acknowledged, at the Public Petitions Committee, the failure on their part to implement recommendations of parliamentary watchdog committees. Chairman of the Committee on Public Enterprises (COPE) Prof. Charitha Herath, too, has on several occasions pointed out lapses in the law contributed to the deterioration of public finances. But, the powers that be have chosen to turn a blind eye.

In a way, Punchihewa’s statement is nothing but condemnation of the utterly corrupt political party system that has ruined the country. But, the EC should also work closely with the Auditor General, if the Commission is seriously interested in, the much-touted ‘system change.’ Corruption has become a way of public life with the Parliament, responsible for enactment of new laws and ensuring financial discipline, has pathetically failed in its responsibilities. The situation is so bad and appears to be out of control, the Parliament has become a mere spectator as the parliamentary system of governance continues to promote waste, corruption and irregularities by not taking remedial measures. The reports issued by the Committee on Public Enterprises (COPE), the Committee on Public Accounts (COPA) and the Committee on Public Finance (COPF) reveal corruption at every level.

The event at Galadari could have been held without high tea as well as wholly unnecessary dance performances at a time the vast majority of voters, regardless of the candidate and the party they voted for at the last presidential and parliamentary elections in Nov 2019 and Aug 2020, respectively, were struggling to make ends meet.

Although 15 political parties/groups represented the current Parliament, only a few were present on the occasion. The Sri Lanka Freedom Party (SLFP), the Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA) as well as the Sri Lanka Muslim Congress (SLMC) were very conspicuous by their absence. General Secretary of the Democratic Left Front and Water Supply Minister Vasudeva Nanayakkara, in spite of breaking ranks with the government over the SLPP’s economic policy, sat with SLPP leaders whereas his rebellious former ministerial colleagues, Wimal Weerawansa and Udaya Gammanpila too were notable absentees. Nanayakkara along with Weerawansa and Gammanpila backed the fundamental rights petitions against the Yugadanavi deal (sale of 40 percent of Treasury owned shares of the power station to the US-based New Fortress Energy along with the controversial move to hand over a monopolistic position on supplying of LNG). The Supreme Court, however, dismissed the petitions. The SC didn’t give an order but stated the submissions were considered and leave to proceed refused. The SC didn’t give reasons at all though the case was heard for several days. When making submissions AG Rajaratnam said that the court should maintain harmony with the executive.

It would be pertinent to recall the devastating accident at an insecticide plant in India in the 80s.

On December 3, 1984, about 45 tonness of the dangerous gas methyl isocyanate escaped from an insecticide plant that was owned by the Indian subsidiary of the American firm Union Carbide Corporation. The gas drifted over the densely populated neighbourhoods around the plant, killing thousands of people immediately and creating panic as tens of thousands of others attempted to flee the area. The final death toll was estimated to be between 15,000 and 20,000. Some half a million survivors suffered respiratory problems, eye irritation or blindness, and other maladies, resulting from exposure to the toxic gas; many were awarded compensation of a few hundred dollars

(Britannica). And for some inexplicable reasons the Indian Supreme Court upheld that pittance of a compensation package! Indian Chief Justice at the time P.N. Bhagawati, when he came to Sri Lanka as a champion of peace about a decade ago, a cheeky Lankan journalist asked him about that controversial decision of the Indian Supreme Court and he got virtually tongue tied and avoided answering the question.

A House in turmoil

Can political chaos be addressed through electoral reforms and constitutional amendments? Has the EC really examined the current crisis and how political uncertainty, in addition to waste, corruption and irregularities, contributed to the overall deterioration of the country’s financial status and unprecedented instability.

A few hours after the end of the National Voters’ day celebration, the government announced an inevitable increase in diesel and petrol prices. It would be pertinent to mention that India, too, now exercise the right to intervene here by way of revising fuel prices. Lanka India Oil Company (LIOC) that set up base here in 2003, is affiliated to Indian Oil Corporation Limited that comes under the purview of its Ministry of Petroleum and Natural Gas.

One-time distinguished career diplomat Hardeep Singh Puri, who had served the Indian High Commission in Colombo during the volatile1984-1988 period when Indian-trained terrorists waged war against Sri Lanka, is India’s Minister of Petroleum and Natural Gas and Housing and Urban Affairs. Rightly or wrongly he was then suspected to be involved in much more than diplomacy by especially those who saw how he and his wife lobbied certain key journalists behind the scene and the clout they wielded.

On March 10, the day LIOC announced staggering price increases in petrol and diesel that caused turmoil here, Sri Lanka’s High Commissioner in New Delhi Milinda Moragoda met Minister Puri. The meeting took place at the Ministry of Urban Affairs in New Delhi. Let me reproduce a statement verbatim issued by the Sri Lankan High Commission in New Delhi following the meeting between Moragoda and Puri: “At the outset, High Commissioner Moragoda thanked Minister Puri for the assistance that India has provided to Sri Lanka as envisaged under the four-pillars of cooperation, agreed during the visit of Sri Lankan Finance Minister Basil Rajapaksa to India in December last year, in particular the USD 500 million line of credit to purchase petroleum products. Additional assistance, too, has been provided by India to enhance Sri Lanka’s petroleum stocks.

“High Commissioner Milinda Moragoda also briefed Minister Puri on the challenges that Sri Lanka is currently facing as regards to the supply and distribution of petroleum products and their impact on the Country’s energy sector. The High Commissioner and the Minister discussed modalities through which India and Sri Lanka could further expand cooperation in the petroleum sector to help overcome the present crisis.

The discussion also focused on a range of issues pertaining to the energy sector, including ways and means through which Sri Lanka could establish long-term strategic ties in the petroleum, oil, gas and related logistics sectors.”

The Government increased fuel prices at midnight on March 11 following LIOC price revisions on Feb 06, 24 and March 10 that resulted in the sharpest difference in retail price of a litre of petrol and diesel at LIOC and Ceypetco service stations, Rs 92 and Rs 77, respectively. The bottom line is that Sri Lanka’s pricing formula is in the hands of India.

That is the unpalatable truth. Obviously, there is no mechanism to ensure that upward or downward revisions of fuel prices are decided through consultations. Instead, a foreign power can take that decision on our behalf. In other words, Sri Lanka’s Energy Minister is actually former High Commission staffer Puri.

How can EC ensure political parties do not follow agendas inimical to Sri Lanka’s national interests? Recent high profile but unsubstantiated accusations that had been directed at Finance Minister Basil Rajapaksa over him pursuing a pro-American agenda are a matter for concern.

President Gotabaya Rajapaksa removed Jathika Nidahas Peramuna (JNP) leader Wimal Weerawansa and Pivithuru Hela Urumaya (PHU) leader Udaya Gammanpila from Industries and Energy portfolios, respectively, following their clash with Basil Rajapaksa, who is also the founder of the SLPP. The political turmoil has taken a new turn with the SJB stepping up attacks on Basil Rajapaksa in Parliament.

The Opposition repeatedly questioned Speaker Mahinda Yapa Abeywardena over Basil Rajapaksa remaining mum in Parliament over the rapid deterioration of the economy. The failure on the part of political parties represented in Parliament to reach a consensus on national response to the current crisis is evidenced by the plight of the electorate. Instead, a sharply divided government has allowed the deterioration by refusing to take remedial measures.

The Opposition has sought to exploit the situation to its advantage whereas a section of the parliamentarians, including some of those accommodated on the SLPP National List, angered the top SLPP leadership by presenting an alternative set of proposals meant to restore the devastated economy.

The EC cannot afford to turn a blind eye to the utter chaos in Parliament and outside for want of a national response at a time of unprecedented crisis.

EC on key issues

The EC comprised five persons, namely Nimal Punchihewa, S.B. Divaratne, K.P.P. Pathirana, M.M. Mohammed and P.S.M. Charles, the only lady in the outfit. The EC has made representations to the Parliamentary Select Committee (PSC) on electoral reforms as well as the nine-member Committee, headed by Romesh de Silva, PC. The EC representations dealt with electoral reforms and constitutional reforms, respectively. The writer would like to briefly discuss the touchy issue of the need to reduce the number of registered political parties and the proposal to recall those who pursue strategies contrary to the pledges they made at the election and in the printed manifestos of the respective political parties.

Having asserted that the country cannot afford to continue with 76 registered political parties, the EC has proposed ways and means to reduce that number. Examination of EC’s proposals submitted to the PSC and Romesh de Silva’s committee proves how unsatisfying the current situation is.

A sensible Parliament will certainly give serious consideration to EC’s proposals. Nothing can be as important as the proposal to recall lawmakers if they stepped out of line. Will leaders of political parties have the strength to accept the proposal to establish a mechanism to remove MPs?

The recent dismissal of charges in respect of the Treasury bond scam perpetrated on March 29, 2016, by the Colombo High Court Trial-at-Bar due to the flawed indictments raised many eyebrows. Yahapalana Finance Minister Ravi Karunanayake has been among those who benefited as a result of the AG’s lapse. The indictments had been filed during Dappula de Livera, PC’s tenure as the AG. Sanjay Rajaratnam succeeded de Livera in May last year.

The Trial-at-Bar comprising Damith Thotawatte (Chairman), Manjula Thilakaratne and M. Izzadeen by a majority decision dismissed the relevant charges.

Can anyone explain the circumstances under which the indictment had been filed against the Perpetual Treasuries Limited (PTL) contrary to the Public Property Act? The AG’s Department cannot be unaware that in terms of the Public Property Act indictments can be filed only against individuals.

The Trial-at-Bar ruling should be examined against the backdrop of the AG and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) withdrawing as much as over 50 cases since the last presidential election, in addition to the cases dismissed by various courts.

The AG as well as the CIABOC owed explanation as to how so many cases failed to achieve desired results or were withdrawn under controversial circumstances. The Bar Association of Sri Lanka (BASL) and the civil society should raise these issues. Can BASL and civil society remain silent as the situation continues to deteriorate?