SPECIAL REPORT : Part 411
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.
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.
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?
