SPECIAL REPORT : Part 420
By Shamindra Ferdinando
The May 09 ‘operation’, whose father is yet unknown, meant to save Mahinda Rajapaksa’s premiership, has tarnished the Sri Lanka Podujana Peramuna (SLPP), the police as well as the armed forces.
The controversial Temple Trees project not only caused irreparable damage to the ruling coalition, it paved the way for UNP leader Ranil Wickremesinghe to regain the premiership for the sixth time, incredibly with just one seat in the 225-member Parliament.
With Wickremesinghe at the helm of the government parliamentary group, the UNP has begun playing an active role in the administration, though the party didn’t have any members in Parliament, other than its leader. However, Wickremesinghe has brought a selected group of UNPers into the administration while causing a division in the main Opposition Samagi Jana Balavegaya (SJB) by winning over two of its vociferous members, namely Harin Fernando and Manusha Nanayakkara.
Having repeatedly accused President Gotabaya Rajapaksa of direct complicity in the 2019 Easter Sunday massacre, both received ministerial portfolios from the President. Wickremsinghe is in the process of consolidating his position.
There cannot be a better example to highlight Wickremesinghe’s strategy meant to resurrect his party than involving two former ministers Vajira Abeywardena, incumbent Chairman of the party, and Sagala Ratnayake, in the delegation that received urgently needed food assistance from India.
Sri Lanka delegation received the assistance, standing next to Tan Binh 99, the Panama registered general cargo ship, at the Colombo harbour.
The following is the text of the statement issued by Eldos Mathew Punnoose, Head – Press, Information and Development Cooperation, as regards the handing over of humanitarian assistance at the Colombo harbour: “High Commissioner Gopal Baglay handed over a large consignment of humanitarian assistance worth more than SLR 2 billion from the people of India to Foreign Minister Prof. G.L Peiris, in Colombo, on 22 May 2022. The handing over function was attended by Minister for Ports and Shipping, Nimal Siripala de Silva, Former Minister Vajira Abeywardena, Sagala Ratnayaka, Chief of Staff of the Prime Minister, Senthil Thondaman, Leader of the Ceylon Workers Congress, Food Commissioner Mrs. J. Krishnamurthy, among senior officials, and others.
The consignment consists of 9,000 MT of rice, 50 MT of milk powder and more than 25 MT of drugs and other medical supplies. It was flagged off from Chennai port by Chief Minister of Tamil Nadu Thiru M.K Stalin on 18 May 2022. This is also the first consignment under a larger USD 16 million commitment of 40,000 MT of rice, 500 MT of milk powder and medicines by the state Government of Tamil Nadu.
Handed over materials shall be distributed among vulnerable and needy sections in various parts of Sri Lanka including Northern, Eastern, Central and Western Provinces by Government of Sri Lanka in the coming days.
More humanitarian consignments and other forms of assistance from India shall follow. Multi-pronged endeavour by both the Government and the people of India underlines the importance attached to Sri Lanka and reflects their concerns for the well-being of its people. Support extended to Sri Lanka ranges from economic assistance worth around USD 3.5 billion, supply of vaccines, testing kits, close to 1000 MT of liquid oxygen to combat COVID-19, immediate response by the Indian Navy and Coast Guard to mitigate marine disasters, etc.”
Sri Lanka’s utterly irresponsible political leadership has achieved the unthinkable. The country has been reduced to such a pathetic state, it has ended up receiving food assistance from the state government of Tamil Nadu. Sri Lanka should be ashamed of having to receive food assistance from an Indian state, 13 years after having proudly defeated the Liberation Tigers of Tamil Eelam (LTTE) considered impossible by many a pundit and against the wishes of the haughty West. Can that be the root of the unprecedented problems? Perhaps one day the truth will unravel through the work of an outfit, like WikiLeaks, on how Hawala or Undial underground cash transfer systems so successfully dried up foreign exchange flows into the country, leaving it unable to find even a few million dollars to clear an urgently needed shipment of cooking gas or lifesaving drugs. However much the deep state is entrenched in Western democracies with the open help of their ‘independent’ media controlled by the military-industrial complex, there are still plenty of people with clear consciences who want to do justice to the world.
R.K. Radhakrishnan, writing to India’s national magazine Frontline described the Tamil Nadu gesture as ‘a province in a developing country extending its assistance to another country.’ That line is sufficient to comprehend Sri Lanka’s plight. In spite of initial disagreement between Tamil Nadu and the Central Government of India regarding the humanitarian assistance offered by TN Chief Minister M.K. Stalin, they reached consensus on the matter. Four days before the despicable Temple Trees project, borne out of frustration caused by the government’s inability to end the sieges at Temple Trees and the Presidential Secretariat by so- called peaceful protesters, triggered mayhem in Sri Lanka. They were anything but peaceful by the way they tried to storm President Gotabaya Rajapaksa’s private residence at Pengiriwatte, Mirihana, in late March.
Then Premier Mahinda Rajapaksa, struggling to save his premiership, wrote to CM Stalin: “I wish to thank you and the Tamil Nadu government on behalf of the people of Sri Lanka, for viewing the country’s crisis from a humanitarian standpoint, rather than a problem concerning another country.”
Six days later Mahinda Rajapaksa was compelled to quit the premiership. The war-winning President and his family were compelled to take refuge at the strategic Eastern Naval Command after having abandoned Temple Trees, Kollupitiya, the nerve centre of the disastrous May 09 project, fearing a fate similar to that which met Libya’s Gadhafi, where, too, the truth was turned on its head.
An elder brother’s lament
Chamal Rajapaksa, 80, possibly serving his last term as a lawmaker, recently faulted younger brother and twice President Mahinda Rajapaksa for continuing in politics even after completing two presidential terms. The elder Rajapaksa attributed the current crisis to Mahinda Rajapaksa’s continuation in active politics. Chamal Rajapaksa said that politicians should be prepared to give up power. Otherwise, they have to be prepared to face situations like this if they were greedy for power. The one time Speaker was commenting on his brother’s dilemma in the wake of him losing the premiership. Chamal Rajapaksa said: “Ranil Wickremesinghe is very lucky. In 2015, Wickremesinghe was able to secure premiership in spite of not enjoying a parliamentary majority. Now, the UNP leader secured the premiership without another MP in Parliament. Wickremesinghe is lucky and the country too is fortunate that we have him to take up the mantle of leadership despite all his shortcomings of the past, when all other politicians are playing their petty tricks to grab power while the country was literally going up in flames.
But, can Chamal Rajapaksa absolve himself of his share of responsibility for the crisis that forced President Gotabaya Rajapaksa to leave his brothers, Chamal and Basil as well as nephews, Namal and Shashendra, out of the Cabinet of Ministers. President Rajapaksa, himself is under pressure to do away with the 20th Amendment to the Constitution that gave him dictatorial powers. The abolition of the 20th Amendment enacted in Oct 2020 is part of the overall agreement sought by some of those who accepted ministerial portfolios in the current dispensation. Both PM Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, will push hard for the abolition of the 20th Amendment.
Before commenting further on ongoing moves to introduce the 21st Amendment at the expense of the 20A, it would be pertinent to examine Chamal Rajapaksa’s role as the Speaker (April 22, 2010-June 26, 2015) especially against the backdrop of his criticism of Mahinda Rajapaksa’s conduct. Chamal Rajapaksa, who has represented the Hambantota electoral district since 1989, continuously has declared that his brother Mahinda should have called it a day after completing two presidential terms (2005-2010 and 2010-2015).
Having said so, lawmaker Chamal Rajapaksa owed an explanation as regards his role in the enactment of the 18 A to the Constitution at the expense of the 19 A. During Chamal Rajapaksa’s tenure as the Speaker, the Parliament passed the controversial 18th Amendment Bill on Sept. 8, 2010, with 161 MPs voting for and 17 against the Bill. The following are some of its key points:
(a) The President can seek re-election any number of times (earlier it was limited to two;
(b) The ten-member Constitutional Council replaced with a five-member Parliamentary Council;
(c) Independent commissions are brought under the authority of the President; and,
(d) The 18th Amendment enabled the President to attend Parliament once in three months and entitles him to all the privileges, immunities and powers of an MP other than the entitlement to vote. In short, it is all about arming the President with absolute power.
The 18th Amendment was meant to empower Mahinda Rajapaksa. Chamal Rajapaksa, in his capacity as the Speaker, oversaw the operation. The impeachment of Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, and her removal by President Mahinda Rajapaksa in January 2013 should be examined against the backdrop of enactment of the 18th Amendment. Chamal Rajapaksa served as the Speaker at the time Justice Bandaranaike was removed. She was accused of several charges, including financial impropriety and interfering in legal cases, all of which she categorically denied. But her husband was found guilty by courts over his shady dealings.
Speaker Chamal Rajapaksa ensured the implementation of the then UPFA government’s strategy. Having served as a minister till April this year and played a critical role in the manipulation of Parliament, it wouldn’t be fair to find fault with Mahinda Rajapaksa solely for being power hungry.
Chamal Rajapaksa also made reference to Wickremesinghe receiving the premiership in 2015 following the presidential election, in spite of not having at least a simple majority in Parliament. Chamal Rajapaksa appeared to have conveniently forgotten that he continued as the Speaker even after Wickremesinghe was appointed PM after having unceremoniously discarded the late D.M. Jayaratne. The UPFA leadership didn’t even bother to ask Jayaratne before reaching consensus with President Maithripala Sirisena and UNP leader Wickremesinghe over the premiership following Mahinda Rajapaksa’s shock defeat at the January 2015 Presidential election held ahead of schedule on the advice of an astrologer. Central Bank Governor Arjuna Mahendran perpetrated Treasury bond scams in Feb 2015 and March 2016 in connivance with then Premier Wickremesinghe-led government.
The UNP-led government also betrayed the war-winning Sri Lanka military at the Geneva based United Nations Human Rights Council (UNHRC).
Chamal Rajapaksa absolutely had no issue in continuing as the Speaker until June 26, 2015 when President Maithripala Sirisena dissolved Parliament to save the UNP. The dissolution of the House was meant to prevent the Committee on Public Enterprises (COPE) from submitting its report on the first Treasury bond scam to the House. Now again Chamal Rajapaksa has accepted Ranil Wickremesinghe as the Premier. Maithripala Sirisena, who sacked Wickremesinghe in late Oct 2018 and then offered him the premiership back within two months following judicial intervention and the primary beneficiary of Oct 2018 constitutional coup Mahinda Rajapaksa, are also in the same parliamentary group now headed by Wickremesinghe.
Proposed transfer of executive powers
The Bar Association of Sri Lanka (BASL) is pushing for the abolition of the Executive Presidency. The BASL wants Premier Wickremesinghe to demonstrate as early as possible his ability to establish a consensus among the political parties in Parliament and endeavour to build a representative Government of National Unity to implement a Common Minimum Programme (CMP) in the public interest.
The BASL insists on a clear timeline to introduce critical constitutional amendments proposed by the outfit, including the introduction of the 21st Amendment to the Constitution and the abolition of the Executive Presidency.
The National Joint Committee (NJC) is concerned about the BASL’s strategy. The nationalist outfit believes the SJB and the BASL are working on a similar agenda to do away with the Executive Presidency without changing the current electoral system or repealing the 13th Amendment.
If the ongoing joint high profile project to introduce 21 A to the Constitution succeeds, the UNP leader will receive powers at the expense of the Executive Presidency. Having received an overwhelming mandate at the last presidential election in Nov 2019, Gotabaya Rajapaksa stands to lose executive powers to Wickremesinghe who accepted the challenging task of rebuilding the devastated national economy.
Those who launched the ‘Gogotahome’ campaign remained skeptical about the SLPP’s commitment to introduce the 21 A. They believe the architects of the 20 A would do whatever possible to sabotage efforts to do away with the executive presidency. They believe the SLPP founder Basil Rajapkasa, who still wields power over the party apparatus reeling under accusations pertaining to unprovoked attacks on the public demanding the resignation of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa.