Terrorism

The controversial bill on the new draft constitution
Protests increase

Amidst political turmoil, the government of President Chandrika Kumaratunga presented the controversial bill on the new draft constitution in Parliament on Thursday. Though there was mounting pressure from many political quarters she was determined to go ahead with her plan.

The talks with the UNP ended abruptly as it did in 1997 on the PA devolution package. At that time UNP’s senior parliamentarian Ronnie de Mel took the lead in accusing the government of acting in an arbitrary manner in presenting the package. However, three years later de Mel now sits with the PA and was the first to congratulate the President for presenting the new draft.

Kumaratunga sensing threats on her MPs who support her draft in parliament met them on Thursday after the cabinet meeting and said she was aware of the threats posed not only by political opponents but also by the LTTE which had planned to assassinate politicians who support the draft. Kumaratunga told her MPs that she had booked Taj Samudra Hotel for them at state expense - a practice introduced by the previous UNP regimes of Jayewardene and Premadasa, during the Indo-Lanka Accord, and the impeachment.

Kumaratunga on her return from London directed her Secretary, Kusumsiri Balapatabendi, on Sunday afternoon to inform her cabinet ministers that she had summoned a special cabinet meeting the next day in the morning. He was also told by Kumaratunga that the ministers abroad should return before Wednesday as the plan was to place the new draft in the House on Thursday.

On schedule at 8.30 on Monday morning the cabinet ministers arrived at Temple Trees but the President took the chair forty five minutes late. She briefed the ministers on the talks she had with the UNP and Tamil parties on the reforms. The Tamil parties she said were adamant on the concept of Union of Regions originally envisaged in the 1997 reforms. This comment led to strong opposition from several senior cabinet ministers who supported the UNP document of constitutional expert K. N. Choksy as the most acceptable peace of legislation for Chapter one.

A senior minister from the Kalutara district noted that even the President herself having studied Choksy’s paper described it as an ‘excellent’ document. With the majority of the cabinet taking the position that Choksy’s paper should be the base of the new constitution, it was unanimously agreed to have it as chapter one of the new constitution. Thereafter, the draft was discussed at length.

Ministers John Seneviratne and Alavi Moulana left the meeting halfway saying they had important engagements fixed earlier. Moulana said he would return if possibly within an hour and he did so. Prime Minister Sirimavo Bandaranaike despite her ill health was also present till the conclusion of the meeting.

After five hours of deliberations the President asked those who were in agreement to raise their hands. All ministers present did so and when Mrs. Bandaranaike was leaving, Kumaratunga asked again, "Amma, will you support it". ‘Yes, I will with both hands", came the reply from the aged prime minister.

Kumaratunga then directed Media Minister Mangala Samaraweera to issue a one paragraph news item to the media about the decision to place the draft on Thursday in parliament. Samaraweera himself drafted the news item and directed, Information Director, Ariya Rubasinghe to release it.

Kumaratunga and her cabinet made changes to several areas in the reforms agreed to with the UNP much to the dislike of the UNP. The Interim Council period to the North East has been extended from five to ten years but the draft presented to the House had it as five years.

Also when the UNP wanted the Independent Elections Commission set up before the next general election, Kumaratunga said she did not believe in piece meal amendments and would do so when the new constitution is implemented. When the UNP asked whether the next general election would be held under the present system, she replied positively saying there will be no change to the existing pattern.

Contrary to these positions, Kumaratunga summoned her cabinet on Thursday evening to decide on introducing electoral reforms by amending the present constitution to help her government hold the next general election on a new system - the first past the post, a district PR system followed by a national list. The number of MPs would increase from 225 to 298 placing heavy burdens on the Treasury. The UNP said it would neither support the draft nor this amendment that would come before the House.

The PA feels under the proposed system it could muster a two thirds majority in the next parliament. The UNP says that with the reforms to the electoral system, the PA was trying to use force at electoral level to win as many seats and gain more from the district PR list.

Two days after the decision taken to place the new draft in the House, UNP Chairman Karu Jayasuriya was asked by his leader to announce the party stand on the issue.

Jayasuriya announced that the UNP will not vote for the reforms claiming that it must be open for proper public debate. It wanted the Maha Sangha consulted before it was placed before parliament. Kumaratunga having decided on the draft made efforts to meet the Maha Sangha on Tuesday evening.

Those in Kandy awaited Kumaratunga till late Tuesday evening on hearing she was to come there to meet the heads of the Asgiriya and Malwatte Chapters. Later it was known that there was no positive response from the two chapters for an emergency meeting with her.

According, Deputy Defence Minister Gen. Anuruddha Ratwatte was rushed to Kandy with a copy of the draft to see the chief priests. A meeting was arranged and he handed over a copy of the draft to the chief priests who did not respond but stated that they knew nothing about it and would first study it before committing themselves on the issue. Ratwatte appeared unhappy over that development and immediately contacted Kumaratunga over the phone to brief her on the outcome of his meeting.

The Maha Sangha who met at the Youth Council in Maharagama on Monday, presided over by the Most Ven. Madihe Pannaseeha Thero decided to oppose the draft and converge on the parliament road on August 8. The Chief Priests of Malwatte and Asgiriya Chapters did not attend this meeting but sent messages. They were reported indisposed.

Ven. Maduluwawe Sobitha Thero delivered a fiery speech alleging that the PA had bought over some UNP MPs to get support and these MPs were to be housed at Tangerine Beach Hotel, Kalutara to be escorted to parliament on voting day. There were also rumours that the UNP MPs who support the package will be housed at ‘Acland House’ where Justice Minister G. L. Peiris resides till the controversy is over. The Maha Sangha warned that those who betray the nation will be dealt with by the people at village level in the electorates.

While there was mounting pressure on the new draft with Minister Moulana staging a demonstration from the Mahaweli Centre to Lipton Circus on Monday to express solidarity to the draft, a few SLFP trade unionists and some ministers participated shouting slogans to pressurise the government to implement the draft. Political analysts describe it as a joke as ministers in the government who had agreed at the cabinet, supported the demonstration due to pressure.

Protests and demonstration are in the same pattern as during the signing of the Indo-Lanka Accord. However at that time the SLFP took to the streets with the Maha Sangha claiming that Jayewardene was going to sell the country. Jayewardene ensured that the unitary character was safeguarded while power was devolved to the provincial councils. He also ensured that the centre reserved the right to dissolve any council which acted in a manner detrimental to national interests.

This helped his successor, Premadasa to dissolve the North East Council when Varatharaja Perumal acted in such manner. In contrast to the SLFP stance at that time, the UNP has not taken the issue to the streets under the leadership of Wickremesinghe. Instead they have restricted their opposition in a more democratic manner that would not affect the security situation in the country. Though some MPs urged action on the streets, Wickremesinghe said it was not appropriate at a time when the country was engulfed in a war. It’s stand should be commended.

The government was informed by the intelligence agencies about the opposition to the draft bill and adviced to beef up security in the city on Thursday. A top level defence meeting was called on Wednesday afternoon by Kumaratunga to plan out strategies to meet emergency situations that morning. Following this meeting, the Inspector General of Police summoned his senior officers for a meeting and briefed them on the measures to be adopted the next morning.

The police kept a force of 10,000 men on alert as they were told Kumaratunga may come to parliament. The Presidential Security Division started flocking into parliament by Wednesday evening to check the building. They took position from that evening at all points. Kumaratunga instructed Minister Peiris to present the bill and she would follow it up with an introductory speech.

Meanwhile the Maha Sangha was busy organising a protest in the Fort against the presentation of the draft bill. They congregated opposite the Fort Railway Station but no incidents were reported. The JVP planned its protest on the parliament road but was not allowed to obstruct the road leading to parliament. A number of JVPers carrying placards rallied near the barricades near parliament shouting slogans. Some employees from state institutions who had been asked to come were also seen near the parliament road.

However, most of them did not know why they were told to be present there. After a few minutes a few PA supporters carrying placards arrived and shouted slogans. Amidst these protests for and against, MPs, Ministers and the President arrived in parliament. After Prof. Peiris presented the bill, Kumaratunga stood to make the introductory speech. The UNPers started to heckle her and began shouting slogans. A copy of the constitution was set on fire inside the chamber. Kumaratunga was unmoved. Once when the pint sized Renuka Herath was noisily obstructing with the PA manifesto in her hand, Kumaratunga cracked, ‘Are you saying my photograph in that is beautiful". The disturbance continued uninterrupted for ninety minutes till Kumaratunga wound up.

Mahajana Eksath Peramuna leader Dinesh Gunewardene who decided to support the PA at the forthcoming elections held a press conference in Colombo on Thursday. He appears to have done an about turn as he charged that the new draft would endanger the unitary character of the country. This indicates that Gunewardene is back at his previous position and it is now unlikely that the MEP would come out in support of the PA at the general election.

Kumaratunga has taken every effort to see that a new constitution should come in place to please the minorities. But, the Tamil parties have not come out to support this package. Tamils who have been asking for more has indicated there’s nothing in the new draft which meets their aspirations. All Tamil parties keep mum on the draft while Kumaratunga pushinhed it hard. Some Tamil parties in the House are likely to avoid the vote on Wednesday and with the absence of the UNP it would be an impossible task to obtain two thirds majority for the bill. \In the event Kumaratunga fails to succeed, she would use the defeat as an election issue against Wickremesinghe at the next poll to blame the latter of disrupting her efforts to bring peace to the country.

Meanwhile, Ronnie de Mel who joined the PA rank on Thursday is quibbling with the United National Party. On the eve of sitting with the PA, he sent a letter to UNP General Secretary Gamini Athukorale as a reply to the charge sheet he received from the party. De Mel’s letter read-"Dear Sir, Please refer to your letter A/MR/DI/20/07 of 7th July addressed to me to which a reply has already been sent to you on my behalf on 10th July by my lawyers, M/s D. L. & F. de Saram as I was away from Sri Lanka.

"A Member of Parliament has the inalienable right to speak in parliament at any time if he has been able to ‘catch the Speaker’s eye’ or to be ‘noticed’ by the Speaker. This is the accepted convention in any democratic Parliament anywhere in the world and has been the practice not only in the British House of Commons but also in the Parliament of Sri Lanka since 1947.

"I spoke in support of the resolution for the extention of the Emergency, in accordance with the Proclamation made by Her Excellency the President under the Public Security Ordinance, on 6th July, inter alia for the following reasons:-

"1) The extention of the emergency at this time of deep crisis in Sri Lanka is essential to preserve and maintain the independence, the integrity and the unity of our country.

"2) The extention of the emergency is also essential at this time to preserve law and order and safeguard the lives, the limbs and the property of our people from terrorist attacks.

"3) The extention of the Emergency is further absolutely essential at this time to support our armed forces, the police and other security forces in carrying out their duties to safeguard our country and our people from the attacks of terrorists.

"In view of the above circumstances, I trust no further explanation from me is necessary. An explanation should really come from those who decided not to support the extention of the Emergency at this present time." Yours Faithfully, Ronnie De Mel (MP for Matara).