The Vienna Convention on Diplomatic Relations (1961) Article 41 clearly states that diplomats cannot interfere into the internal affairs in the receiving country and such interference is construed as a violation of diplomatic protocol. If so the US, UK, EU, Canada, Indian envoys are all breaching diplomatic protocols with their regular demarches against the Sri Lankan Government issuing statements & visiting Sri Lankan political parties, their leaders, local NGO heads, local media etc and often dictating how they should function. If Western diplomats are breaching the very rules that they have created they might as well remove them altogether.

The Vienna Convention – https://link.springer.com/content/pdf/bbm%3A978-94-011-8792-3%2F1.pdf

Article 4I – I. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State

Article 41 – 2. All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other Ministry as may be agreed. (how many instances of Western envoys & Indian envoys did as they liked in Sri Lanka?

In addition to the Vienna Convention, Article 2.7 of the Charter of the United Nations also provides that – “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state”

Immediately reconvene Parliament” US urges Sri Lankan President (NDTV)

US calls on President to reconvene parliament immediately (Daily Mirror)

EU, UK envoys urge Sri Lanka to follow due process according to the constitution

https://twitter.com/EU_in_Sri_Lanka

https://eeas.europa.eu/delegations/sri-lanka/52898/joint-statement_en

The biggest breach of protocol was seen when inspite of the President of Sri Lanka sacking Ranil Wickremasinghe as PM and appointing Mahinda Rajapakse as PM and issuing gazette notifications to this effect, the envoys of EU, UK gather & visit Temple Trees where Ranil Wickremasinghe the sacked PM refuses to vacate claiming he is still the PM.

What is baffling is that none of the envoys wishes to make any statement regarding the reason given by the President in a very emotional speech to the effect that what prompted him to sack the PM was as a result of his plan to assassinate him.

It is not for the US, UK, EU or Indian envoys to decide what is constitution or legal in Sri Lanka. There is the Attorney General & the Sri Lankan Supreme Court to advise the President on this. Therefore, the President does not require to take the US, UK, Indian or EU permission to appoint anyone or obtain their nod of approval either. We don’t decide who Trump, Theresa May, Macron or Modi appoint or sack, do we?

These all constitute violations of the Vienna Convention – so what happens when envoys violate diplomatic protocols? In the least the UN Members of the General Assembly should be appraised of these regular interferences other than social media & alternative media exposing the bias & hypocrisies at play.

We all recall how President R Premadasa declared David Gladstone the UK high commissioner ‘persona non grata’ when he tried to interfere in the elections of Sri Lanka.  https://www.upi.com/Archives/1991/05/30/British-envoy-ordered-to-leave-Sri-Lanka/6697675576000/

Shenali D Waduge

By Shamindra Ferdinando Courtesy The Island

Government spokesman Ports and Shipping Minister Mahinda Samarasinghe yesterday said no less a person than the Acting Attorney General Dappula de Livera had pointed out the basis for the President’s action, citing relevant gazettes (2094-43 dated Oct. 26.2018 and 2094-44 dated Oct. 26. 2018) and the 19th Amendment 48 (1).

Samarasinghe said Speaker Karu Jayasuriya had sought the Attorney General’s opinion on the legal status of Mahinda Rajapaksa’s appointment as well as his predecessor Wickremesinghe.

Samarasinghe displayed copies of emails sent by Speaker Jayasuriya and the one received by him from the Acting Attorney General.

Minister Samarasinghe and Co-Government spokesman Keheliya Rambukwella, MP, explained that the UNP could seek judicial interpretation of President Sirisena’s action or move a no-confidence motion (NCM) in parliament.

They explained the UNP couldn’t resort to an NCM overnight but follow procedures applied to all political parties represented in parliament.

Responding to another query, Samarasinghe pointed out that President Sirisena would ceremonially inaugurate the parliament on Nov 16. The minister ruled out any other business on that day.

Samarasinghe said that the ten-member Constitutional Council (CC) was likely to be reconstituted following Mahinda Rajapaksa’s appointment as the Prime Minister last Friday.

Rajapaksa will succeed UNP leader Ranil Wickremesinghe in the CC.

Samarasinghe said the Opposition Leader’s position in the CC currently held by the Tamil National Alliance (TNA) leader R. Sampanthan could go to the UNP.

Samarasinghe, who is also the SLFP spokesman and President Maithripala Sirisena’s nominee in the CC, said so when The Island sought an explanation as to how the CC chaired by Speaker Karu Jayasuriya had responded to the change of government.

Samarasinghe said that he couldn’t speculate about the Speaker’s position while asserting there was a likelihood of change in all three positions––Speaker, Prime Minister and Opposition Leader.

Asked whether the Prime Minister Wickremesinghe’s nominee, the then Justice Minister attorney-at-law Thalatha Atukorale and Opposition Leader Sampanthan’s representative Chamal Rajapaksa, too, were likely to be replaced, Samarasinghe said that the CC would have to decide.

CC established in 2015 in terms of the 19th Amendment to the Constitution is empowered to make appointments/recommendations in respect of independent commissions as well as Supreme Court and the Court of Appeal.

At the time of President Sirisena withdrawing his support to the UNP last Friday leading to the automatic collapsing of the National Unity Government, the CC comprised Speaker Karu Jayasuriya, Prime Minister Ranil Wickremesinghe, Opposition Leader R. Sampanthan, President’s nominee Mahinda Samarasinghe, PM’s nominee Thalatha Atukorale, parliament’s nominee Bimal Ratnayake, Opposition Leader’s nominee Chamal Rajapaksa and three civil society members namely one-time top UN official Ambassador Jayantha Dhanapala, former Ambassador to Saudi Arabia Javid Yusuf and Naganathan Sellavakumaran.

MP Rambukwella denied that the country was experiencing a constitutional crisis. Prorogation of parliament which was to meet on Nov 5 couldn’t be considered a crisis though various parties, including the media did so.

Asked whether they were sure of the required simple majority in parliament, Messrs Samarasinghe and Rambuwella pointed out the new government had the backing of over 120 lawmakers. Of those 126 lawmakers who had allegedly signed a petition on behalf of Wickremesinghe calling for immediate reconvening of the parliament, already four accepted portfolios in the new government, they said.

President Sirisena swore in 12 ministers, one State Minister and one Deputy Minister on Monday night.

Asked how the remaining appointments would be made, Samarasinghe said that President Sirisena and PM Rajapaksa would decide on them.

In terms of the 19th Amendment to the Constitution, a single-party government though free to accommodate members from other political parties could appoint maximum 30 member cabinet.

It has been the President’s strong conviction despite former differences between himself and Mahinda Rajapaksa now obviously settled notwithstanding what terms and agreements were involved between them towards the final choice that within his capacity as the new Prime Minister, he would be competent to restore the country to normalcy after resolving the many issues created by his predecessor. This seems fair gamut from many perspectives as Mahinda Rajapaksa has indeed proved his equitabillity beyond any reasonable doubt given the state of the country today compared to what it was when he left office.

A vast proportion of the Sri Lankan nation apart from the disgruntled opposition in support of Ranil Wickremasinghe now  has the confidence in Prime Minister Mahinda Rajapaksa towards efficiently resolving the many burning issues created by the Wickremasinghe regime during the past years with his far-sighted patriotism and courage that brought an end to the LTTE led terrorism in the country.

The Maha Sangha  who are the virtual  guardians of the nation and the island of Sri Lanka  have unequivocally conferred blessings on President Maithripala Sirisena for taking appropriate action to replace the groups that damaged the country’s identity and democratic process by replacing in office a group that maintained democracy with patriotism in the past, something which many news sources  and political leaders within the country concurred in agreement.

There are of course those who disfavour the turn of events that have transpired including Ranil Wickremasinghe who has bitterly opposed  them with a multitude of supporters behind him probably miniscule compared to the vast majority that favours the Presidential decision believing it is the best thing that could happen to the Nation embroiled in corruption and crooked wheeling and dealing involving many politicians within the hierarchy where the former Prime Minister is said to have turned a blind eye to the goings on where perhaps his day of atonement has in all probabilities arrived.

It is also popular opinion in the country in its aftermath that the removal of the former administrators by President Sirisena has ended the attempts of a group to divide the country in the name of a sham Sanhindiyawa according to a recent media report. where the Yahapalana administration led by former Prime Minister Ranil Wickremesinghe was responsible for the political chaos in the country during the past three and a half years.

It is hoped that former President Mahinda Rajapaksa in his capacity as the New Prime Minister would be competent to restore the country to normalcy after resolving the many issues created by his predecessor towards which he has the blessings and good wishes of all peace loving and patriotic Sri Lankans while it is also hoped that the outgoing  former Prime Minister will bow out gracefully towards a peaceful transition in the best interests of Sri Lanka.

KAMALIKA PIERIS

The last essay in this series comes at a time when things have   drastically changed. The Yahapalana regime appears to have ‘fallen’ and Mahinda Rajapaksa has replaced Ranil Wickremasinghe as Prime Minister. This essay summarizes four important political events leading to this transfer of power.

The local government election of February 2018 was a landmark election in Sri Lanka. The electorate did not see the election as a mere local government election, they saw it as a chance to tell Yahapalana and the watching United States of America, what they thought of Yahapalana. The election was conducted with very high standards, reported the media. There were no serious incidents of election related violence, only some minor skirmishes.

A larger than estimated number of voters turned up at polling booths, contrary to expectations. They gave the less than a year old Sri Lanka Podujana Peramuna (SLPP, Pohottuwa) an overwhelming victory in terms of the wards won in the councils, though with shaky total number of seats in some councils.

The Sri Lanka Podujana Peramuna (SLPP), utterly new and untested, emerged victorious, sweeping the polls in the vast majority of local government institutions. A new untested force had beaten two established political parties to become the single largest political formation in the country. Governments in power have never lost local government elections before.

The SLPP had won 239 of 340 councils on offer while the United National Party (UNP) won 41 councils. The Sri Lanka Freedom Party (SLFP) and the United Peoples’ Freedom Alliance (UPFA) together, emerged victorious in 10 councils while the Illankai Tamil Arasu Kachchi (ITAK) won 34 councils, mostly in the North and East of the country. The Janatha Vimukthi Peramuna (JVP), despite their high profile campaign, failed to gain control of any council. The SLPP obtained 4.9 million or 44.65 percent of the votes and came first in a record 239 councils with 3,369 seats.

The SLPP polled 44.69% of the votes cast at the LG election.  The UNP obtained 32.61%. The UPFA polled 8.90%. The SLFP polled 4.48%. The two governing parties secured together 45.99%  SLPP had   got nearly 2% less than the other three parties put together.

There was a definite swing towards Pohottuwa and Rajapaksa. The SLPP nominations for Maharagama Urban Council were rejected. Mahinda Rajapaksa backed an independent group which had the motorcycle as its symbol .The motorcycle group won. Rajapaksa had gone for their rallies riding a motorcycle.

It was argued that Rajapaksa’s vote at this election showed a decline. At the Presidential Election held in 2015, Rajapaksa polled 47.58% and that was more than the votes polled at the LG election. This was rejected by analysts. Mahinda Rajapaksa not only holds the largest chunk of votes in the country, 45%, but he has also probably jumped the 50% mark by now, said Dayan Jayatilaka. These critics had conveniently forgotten that the vote received by the SLFP and the UPFA couldn’t be under any circumstances counted as anti-Mahinda vote.

The number of votes that the newly formed Sri Lanka Podujana Party actually got at the last local government elections may not be representative of the actual number of votes it should have got, analysts said. In reality, Rajapaksa and his party have a broader footprint countrywide. The SLPP and the Rajapaksas have proved that, three years out of office and out of power, they are still a force to reckon with. The election has paved the way for the return of Mahinda Rajapaksa, their leader, to more active Sri Lankan politics concluded analysts.

Rajitha Senaratne said Gotabhaya will be arrested and jailed after the election. Gotabhaya arrived the day after the Pohottuwa victory. He was not arrested. The Pohottuwa momentum did not end there. All 210 seats at the Atakalanpanna Multipurpose Cooperative Society elections were won by the Sri Lanka Podujana Peramuna (SLPP), with the UNP and the SLFP failing to win any seats at all. This election was probably held in September 2018.

This Pohottuwa victory was followed by another important development in Parliament. 16 SLFP MPs crossed over and took their seats among the Opposition in Parliament on 8^th of May, 2018.  They sat as an independent SLFP group in the Opposition.

This   SLFP cross over marks the largest number to cross over from Government to the Opposition at any one time, in the history of the Sri Lankan Parliament, observed Dinesh Gunawardena. Usually, traffic flows from opposition to government, therefore this reverse flow is noteworthy. Such reverse flows, as in 1964 and 1975 are signs of a government doomed to be defeated at the next election. This defection as also noteworthy for quality, not only in numbers, observed Dayan Jayatilaka. As Dayasiri Jayasekara pointed out on Derana 360, of the 16 rebels, 14 have university degrees, eight are lawyers and one is a specialist doctor.

When these 16 dissident MPs moved to the Opposition, the public were waiting outside to cheer them. The public were prevented by the police, from entering Parliament   premises. They yelled and protested and refused to move. The 16 MPs came out and were greeted with crackers, garlanded and carried on the shoulders of supporters. The 16 MPs then   got on to a mobile platform and addressed the yelling crowd. They made long political speeches, accompanied by loud cheers. These 16 MPs had helped in the   plans to  make Rajapaksa Prime Minister

The third event was the “Janabalaya Kolambata” held in Colombo by the Joint Opposition on September 05, 2018. The massive Janabalaya was organized by the youth wing of the Sri Lanka Podujana Party led by MP Namal Rajapaksa. “Janabalaya Kolambata” was a roaring success said Rohana Wasala. That it was going to draw huge crowds was clear to all. The turnout was estimated to be around 200,000 .

As a precaution against possible legal obstructions the organizers kept the routes of the march and the venue of the rally and sit-in protest under wraps until the morning of September 5. The protesters marched along five routes in Colombo, Kandy, Baseline, Negombo, Maligawatte, and Town Hall roads, and congregated at the Lake House Roundabout where they held a non-violent protest, reported Wasala. On the way, they hooted at the SLFP office in Union Place.

The protest marchers came from every corner of the island, from Jaffna in the north, from Devundara, Matara, in the south, from Trincomalee and Batticaloa in the east, and converged in Colombo with others from the western province. A large number of Muslims from the East and Tamils from North and hill country   took part. People from every community participated in the Janabalaya said Rohana Wasala.

The gathering included political and non-political groups. A large crowd of Sri Lankan expatriates working abroad, intellectuals, professionals and entrepreneurs from Viyathmaga, retired army generals and other veterans of the military (people who normally do not take part in such public demonstrations) were also reported to be taking part in it observed Wasala. A large number of youth and professionals – especially lawyers, some doctors and engineers, took part, observed Vitarana.

These crowds extended close to the Hilton on the West and to the Cinnamon Lake Hotel on the South and for about 300 meters to the East on Wijewardena Mw. and the road to the Pettah on the North. Mahinda Rajapaksa came to ‘Janabalaya Kolambata’, surrounded by security in an open roof car, to   enthusiastic cheers.  It was a triumphant arrival.

The organizers provided food parcels, but they were not really adequate. A stage was set up on the road to the Hilton Hotel and various cultural programs with political messages were performed for about an hour. A novel feature was the night vigil by candle light which went on till about 11.30 pm when the crowd dispersed. The participants showed the highest level of discipline and restraint.

The performance of a peaceful ,quiet (as no loudspeakers were permitted) “sathyakriya” in front of Lake House, where people sat for hours patiently, though packed together like sardines in a tin, was also a good sign for the future and an indication of their commitment to the success of the event.

Participants were carrying lighted torches during the night vigil, which in the hands of the irresponsible, could have set the whole place to go up in smoke. However, to their credit, these were handled in a disciplined manner. Noteworthy features were the virtual absence of any incidents, the orderliness without disturbing pedestrians or vehicles, and the voicing of relevant political slogans in addition to “Kawdha raja, Mahinda Raja”, observed Vitarana.

Finally, all this goes to prove that our people are able to conduct themselves in a disciplined and responsible manner, sans any outside inputs or unsolicited advice. The threats of the government to attack if attacked also kept the protestors in check,

Through their well attended and meticulously organized demonstration the Joint Oppossiton made a direct hit on the government, said Rohana Wasala. There was enthusiasm and militancy. The public showed the government that they were fed up with it and they showed this to the whole world. This Janabalaya has helped to sustain, if not increase, the momentum generated by the victory at the Local Government Elections of February 10 this year, observed Tissa Vitarana.

On social media, Jana Balaya arguably created the most amount of engagement around any event of its kind on Facebook and Twitter. During the day, around live video feeds on Facebook alone, close to two million watched the political theatre of Jana Balaya as it unfolded. This included close to 400,000 on Namal Rajapaksa’s Facebook page alone. A staggering 600,000 watched live feeds over the Facebook page of a private TV station, said Sanjana Hattotuwa.

On Twitter, there were over 5,000 tweets with one or all of the three official hashtags used by the protest. There may have been many more that tweeted on the protest without using one or more of these hashtags. Each of these accounts acts as an amplifier, showing to their friends and followers what was posted or republished. The likely digital footprint of content around Jana Balaya potentially, if not demonstrably, runs into the millions over just two of Sri Lanka’s most used social media platforms.

Preliminary metrics around the scale and spread of content on Instagram – a photo sharing network that is also very popular – suggest Jana Balaya generated tens of thousands of likes.Overall then, the campaign was digitally unprecedented in Sri Lanka, generated the kind of engagement organically, that campaigns which boost content through paid advertising, can’t often reach.

Yahapalana has also seen the rise of Namal Rajapaksa, he has got a lot of exposure as a speaker  from 2015, he speak senses and uses words well.He is no longer ‘Namal baby’.Millions were interested, engaged, watched, commented, shared and reacted to  Namal Rajapaksa as an individual. Namal Rajapaksa as a vehicle or platform to communicate the JO’s discontent is unassailable, with an active, devoted fan base by order of magnitude larger than anyone else, even in his own family, observed Hattotuwa.

Janabalaya faced considerable obstruction by the government .The police went to courts to take out bans on the protests. Road Passenger Transport Authority ordered private bus services in various provinces not to accept private tours during the days that the Janabalaya people were expected to travel to and from Colombo. At Nittambuwa a trench was dug on the road”.

A bus carrying demonstrators to Colombo was intercepted at Hali-Ela in the Badulla area and was attacked by hooligans, inflicting grievous injuries on the commuters, and smashing up the bus beyond repair. Several young men who were decorating a stage in the city on the September 4th night were assaulted by an unidentified gang and were hospitalized. Several participants were physically attacked while on the peaceful march.

There was also the case of alleged distribution of poisoned or contaminated milk packets among the protestors on the march. Pohottuwa had used CCTV cameras to detect the activity. Milco said that a needle had been used to introduce something into the packets of milk, distributed among those participating at Jana Balaya Colombata”. This had taken place outside Milco premises.

Milco said As soon as they got to know the incident, Milco had collected the relevant milk packets and examined them. A JO delegation had met the Milco chief to inquire about their complaint.  Addressing the media outside Milco premises, MP Namal Rajapaksa reiterated accusations that the UNP made an attempt to harm those who joined Janabalaya. Rajapaksa said that the JO expected the company to fully cooperate in the inquiry or face the consequences.

An individual who was affected by this wicked deed has instituted an action at a court in Matara, reported the media.  UNP MP Mujibar Rahuman denied the allegation against him that he distributed milk packets injected with poison among  Janabalaya supporters

The fourth factor that led to the return of Mahinda Rajapaksa as Prime Minister was the surge towards Mahinda Rajapaksa. The call for his return started the day after Sirisena became President. The call did not fade. Instead, it accelerated and was turning into a howl of despair, when Mahinda Rajapaksa suddenly became Prime Minister.

Mahinda Rajapaksa was seen daily, on television news attending some function or other usually in a temple, surrounded by cheering crowds. The media was always there and he was always asked for an opinion. So Rajapaksa was always in the public eye. Mahinda Rajapaksa was at Sri Sugatharama, Kalawana on 9.9.18 to open the bauddha mandiraya. There were crowds to greet him.

Mahinda Rajapaksa was invited to a gathering of theatre artistes on 20.9.18 to give away   nidahas kala bhushana awards. ‘Rata nathivegana yanawa’, he told the media.  Viewers would often see President Sirisena at a function, and then Ranil Wickremasinghe at another function and thirdly, Rajapaksa also like a head of state, gracing a similar function.  Viewers were getting quite used to this spectacle.

The public took every opportunity to show support to Rajapaksa. The Rajapaksa May Day in Galle, in 2018 was the largest May dally rally in our history, said Rajapaksa. Derana news 10.8.18 showed paddy farmers coming to Mahinda Rajapaksa‘s home after alut sahal mangalya expressly to show gratitude.  They came with bundles of produce for him.

The Kettam Mahara Bonegala Bridge at Attanagalla built by Rajapaksa was to be opened by Chandrika Kumaratunga in September 2018, Rajapaksa supporters objected to this. They   launched a noisy protest and came across the bridge hooting and jeering.

When the Polwatu Modera Bridge at Matara was to be opened by UNP’s Sagala Ratnayake, two Pohottu local government members arrived before Sagala and had tried to carry out the ceremony saying that the bridge was planned and the money obtained during Mahinda Rajapaksa’s time. There was a scuffle and the two Pohottus were arrested on the grounds of disturbing official activity and taken to courts by police.

As the presidential and parliamentary elections draw near, former President Mahinda Rajapaksa’s daily activities are increasing, reported the media. Other than political events, one of the demands on him is to sign as witness for weddings. One day, weeks ago, he had to go for 13 different wedding ceremonies signing either on behalf of the groom’s or the bride’s side. There were two different requests last month from two different places. On Mr. Rajapaksa’s suggestion, two different nekath (auspicious) times were found. He signed the wedding register with a time gap at his official residence at Wijerama Mawatha.

Within a few weeks of Janabalaya Kolombata, Mahinda Rajapaksa was invited by India and given a reception that, as some in the media said, is normally accorded to a visiting head of state.

HINDU commented: In an indication of warming of ties, former Sri Lankan President Mahinda Rajapaksa will visit New Delhi this week and hold important discussions. Rajapaksa, will deliver a public lecture on India-Sri Lanka relation: the way ahead” organized by the Virat Hindustan Sangam, led by BJP MP Subramanian Swamy. He is likely to meet Prime Minister Narendra Modi, National Security Adviser Ajit Doval and UPA chairperson Sonia Gandhi. The External Affairs Ministry has not spoken about the meetings so far. A source said the visit was being planned by private parties”. The visit comes less than a week after thousands of demonstrators, led by Rajapaksa, protested in Colombo against the government’s economic policies and the delay in holding provincial elections. Though out of power for more than three years, Mr. Rajapaksa, who represents Kurunegala district in Parliament, remains a formidable political actor in Sri Lankan politics, often challenging the fractured coalition in power.”

Rajapaksa went to India on this three-day visit, in September 2018 accompanied by his son Namal. He delivered a public lecture in Delhi on India-Sri Lanka relations: the way ahead”. He met Prime Minister Modi. There is a photo of them shaking hands and posing.

Rajapaksa went on the invitation of Bharatiya Janata Party (BJP) Leader Subramanian Swamy, Swamy said he had invited his great friend” Rajapaksa in his personal capacity. “Ties with Sri Lanka have been weak over the last two years and I think we need to strengthen them,” Swamy added.  Swamy said that “an association with Rajapaksa would help improve ties between the two countries”.  Swamy has even attended the funeral of Chandra Rajapaksa, the younger brother of Mahinda Rajapaksa in Sri Lanka.

Speaking to The Hindu, the former President,  said  he was 100% confident his party will come to power in 2019,  Rajapaksa proposed a new mechanism for India and Sri Lanka to resolve all issues, especially economic issues. The mechanism would mirror the Troika” formed in 2008-2009 of three Indian officials — National Security Advisor M.K. Narayanan, Foreign Secretary Shivshankar Menon and Defence Secretary Vijay Singh — and three Sri Lankan officials — Advisor Basil Rajapaksa, Defence Secretary Gotabhaya Rajapaksa and Permanent Secretary Lalith Weeratunga — to coordinate India-Sri Lanka ties during the war against the LTTE in 2008-2009.

India is our closest relation, Rajapaksa continued, I would say, and our neighbor. And China has been a long-standing friend. In all our dealings with China, we never forgot about the interests of India. We had a very good understanding with the Indian government and we always told them that we would never allow our territory to be used for any activity against our neighbor.

My priority was always to develop my country and I always kept India informed and asked them first to build the port, to build the airport, to build the highways, we always came to India. We offered them first, and then the next offer went to China, because they were the only people who could do it. And within eight months the Chinese had started [construction].

I am not opposing India. I am opposing the privatization that is the policy of the Sirisena government. I never privatized the way they have. In fact I bought back the shares of the gas company, insurance company, and also the SriLankan Airlines that was sold to Emirates Rajapaksa concluded.

There is no single political personality in today’s Sri Lanka who can come close to the popularity of Mahinda Rajapaksa. There is no combination of personalities that cannot benefit from being partnered with him. With the right choice of Presidential candidate, it could be the most popular political and electoral combination that Sri Lanka has ever seen, said Dayan Jayatilaka.

When Mahinda Rajapaksa is no more, he will be elevated from folk hero to folk deity, for centuries to come, if not millennia. Yahapalana spokespersons may counter that Mahinda was defeated in January 2015, but his legend has grown and his iconic status elevated after that defeat—when the people realized just how much they missed him, just how much they had lost, said Dayan. (CONCLUDED)

චන්ද්‍රසේන පණ්ඩිතගේ.

ශ්‍රී ලංකා පාර්ලිමේන්තුවේ අතිගරු කතානායක තුමනි,

වර්තමාන පාර්ලිමේන්තුවේ බහුතරය කුමක්ද යන ගැටලුවට ඇති සාධාරණ විසදුම සම්බන්ධවයි

වර්තමාන දේශපාලන තත්වය ඔබතුමාව ගැටළු සහගත තත්වයකට පත්කර ඇති බවක්, අපට දිස්වේ. ඔබ තුමාට නොවැම්බර් මස 16 වෙනිදා දක්වා කල් තැබූ පාර්ලිමේන්තුව වහා කැදවීමේ අවශ්‍යතාවයක් පැන නැගී ඇති බව අපට පෙනේ. එසේ සිදුව ඇත්තේ වර්තමානයේදී සිදුව ඇති බල පෙරළියත් සමගය. ඔබට දැන ගැනීමට අවශ්‍ය වන්නේ, බහුතරය ඇත්තේ වර්තමාන අගමැති මහින්ද රාජපක්ෂ මහතාටද නැත්නම්, හිටපු අගමැති රනිල් වික්‍රමසිංහ මහතාටදැයි යන බලය උරගා බැලීමේ අවස්තාවක් මතු කර බැලීමටය. ඔබතුමා කතානායකතුමාය. විනිසුරුවරයෙක් වන්වූ මහා ගාම්භිරවූ තනතුරක් දරන්නෙක් වන අතර මෙය අවබෝධ කරගැනීමට ඔබතුමා සතුව ඇති දත්තයන් හොදටම ප්‍රමාණවත්ය. ඒ මෙසේය.

1. ආණ්ඩුව : එක්සත් ජාතික පක්ෂය ආසන 106

                මුස්ලිම් කොංග්‍රසය                   1

                EPDP                                1

               එකතුව                             108

2. විපක්ෂය: ද්‍රවිඩ සන්ධානය (නිල විපක්ෂය )  16

               ජනතා විමුක්ති පෙරමුණ               6

               එක්සත් ජනතා නිදහස් සන්ධානය  95

              එකතුව                                 117

මේ අනුව ඉතා පැහැදිලිව මෙතන ඔබට පෙන්නුම් කර දෙන්නේ ආණ්ඩුවට වඩා විපක්ෂය බලවත් බවයි. නමුත් මේ සිද්ධාන්තය ඔබතුමා පිළිගැනීමට සුදානමක් නැති බැවින්, ඔබතුමා මේ ඉතා සරල ගැටලුව, රටක් කළඹන මහා අරගලයක් දක්වා වර්ධනය කිරීමේ මෙහෙයුමක් අරඹා ඇති බවක් මෙරට පරමාධිපත්යවූ ජනතාවට පැහැදිලිවම දිස්වීමට පටන්ගෙන ඇත.

ඔබ මේ සත්‍ය කරුණු වලට එරෙහිව සිටගන්නේ නම් ඔබට ද්‍රවිඩ සන්ධානයේ සහයද ජනතා විමුක්ති පෙරමුණේ සහයද එක්සත් ජාතික පක්ෂයට හිමිව ඇති බව සිතන්නට පෙළඹේ. නමුත් කතානායකවරයා වන ඔබතුමාට නිල විපක්ෂය, හා නිල විපක්ෂ සංවිධායකත්වය හොඹවන පක්ෂ ආණ්ඩුවේ කොටස් සේ, සැලකීමට හෝ සිතීමටද ඉඩක් නැත. ඒ ඔබ කතානායක තුමා වන බැවිනි. මේ සත්‍යට එරෙහිව ඔබ සිතුවොත් හෝ ක්‍රියා කලොත්, ඔබ ප්‍රජාතන්ත්‍රවාදයේ, මුලික ගුණාංගයක් වන විපක්ෂයේ පැවැත්ම විනාශ කල මහා ජාතික අපරාධ කාරයෙකුගේ තත්වයට පත්වේ. එම නිසා ඔබට මේ කරුණු මත තීරණ ගැනීමට සිදුවේ.

තවද මේ සිදුව ඇති බල පෙරලිය ඉතා පැහැදිලිවම පෙන්වන්නේ, ඉතිහාසයේ සිදුවූ ජනතාවාදී මහා විපර්යාසයක් ලෙසයි. ඒ මෙසේය,

2015 ජනවාරි මස 8 වෙනිදා චන්ද ප්‍රතිපල වලට අනුව, අතිගරු ජනාධිපති මෛත්‍රිපාල සිරිසේන මහතා චන්ද 6.217,162 ලබාගත් අතර එය 51.28% ප්‍රතිශතයකි. තවද මහින්ද රාජපක්ෂ මහතා ලබාගත්තේ,චන්ද 5,768,090කි මෙය 47.58% ප්‍රතිශතයකි. වර්තමානයේ සිදුව ඇත්තේ මේ දෙදෙනා එකතුව රජයක් පිහිටුවා තිබීමයි. මෙවැනි අවස්තාවක් යනු ඉතිහාසයේ සිදුවන ඉතා අහඹු සිදුවීමකි. ඒ අනුව මේ රජය තුල චන්ද 11,985,252ක ජනතා බලයක් ගැබ්ව ඇති අතර, එය ප්‍රතිශතයක් ලෙස 98.86%කි. මෙවන් ජනතා බලයකින් ආධ්‍යා රජයක් රටටම මහා ආශිර්වාදයකි.

තත්වය ඉතා පැහැදිලිව මෙසේ තිබියදී තවත් කරුණු සෙවීමට වෙර දැරීම නිරර්ථක කාර්යයක් බව පැවසීමට සිදුව තිබේ .

ඔබ තුමාට තෙරුවන් සරණයි!

චන්ද්‍රසේන පණ්ඩිතගේ.

By M D P DISSANAYAKE

Today October 30, Tamil dominated talk back radio of Australia known as 3CR Community Broadcast, found one of its friends and enemies of Sri Lanka, Dr Brian Selvaratnam currently residing in Brisbane Australia, for a lengthy interview to attack Sri Lanka, Sinhalese   and Rajapakse’s.

He was given prime time talk back slot, 5.30 pm peak after office  driving time  in Melbourne .   Thamby Brian sounded very angry of the turn of events in Sri Lanka today. Thamby Brian praised Mr Ranil Wickreamsinghe to the hilt. Thamby Brian virtually undressed Rajapakse’s.

According to Thamby (Tampi) Brian:

-the current events events were intiated by China

-the Rajapakse sons will bring some more Ferrari, Lambouginie Cars very soon;

-Rajapakse’s will swindle the rest of the money remaining in the country;

-Rajapakse’s will harass minorities

Thamby Brian seems very angry that:

-Australian Prime Minister Scott Morrison is not introducing any sanctions against Sri Lanka;

-United Nations is not taking any action against Sinhala dominated Rajapakse regime.

According to this idiotic Doctor Ranil regime has been doing an excellent job.

Naturally Tamil extremists  are very hurt.      Lets say Cheers to a sip of Adelaide Hills glass of wine, after 3 and half years.

Courtesy NewsIn.Asia

Colombo, October 30 (newsin.asia): At the meeting between Sri Lankan President Maithripala Sirisena and foreign envoys here on Monday,  the European Union (EU) Ambassador  Tung-Lai Margue warned that if democratic norms and constitutional provisions are not observed in handling  the on-going political crisis in Sri Lanka, the EU may consider withdrawing  the trade concessions the island nations enjoys under the General System of Preferences Plus (GSP Plus).

 lanka C news

ජනාධිපතිවරයාට පැවරී ඇති බලතල අනුව අග්‍රාමාත්‍යවරයෙක් පත්කළ පසු ඔහුට බහුතරය ඇත්දැයි ඡන්දයක් විමසීමේ ‍ක‍්‍රමයක් හෝ ව්‍යවස්ථානුකූල උවමනාවක් නැතැයි ඇමති විජේදාස රාජපක්ෂ මහතා සඳහන් කරයි.

නමුත් නව අගමැතිවරයාට එරෙහිව පාර්ලිමේන්තුවට විශ්වාසභංගයක් ගෙන යා හැකි බවද පවසන ඇමතිවරයා ඉදිරියේදී කරන අයවැය හෝ අතුරු අයවැය යන මුදල් පනස් දෙකෙන් එකක් පරාජය කිරීමට හැකි බව ද සඳහන් කළේය.

මුදල් පනතක් පරාජය වුවහොත් පාර්ලිමේන්තුව ඉබේම විසුරුවා හැරෙන නිසා සන්ධානයේ අරමුණ ද එයම විය හැකි යැයි ඔහු සඳහන් කළේය.

යම් හෙයකින් එසේ පාර්ලිමේන්තුව විසුරුවා හැරියහොත් එක්සත් ජාතික පක්ෂයේ මන්ත්‍රී ආසන සංඛ්‍යාව 40-50ක් දක්වා අඩු වනු ඇති බවත් සන්ධානය අති විශාල ආසන ප්‍රමාණයක් ලබා ගනු ඇති බවත් ඇමතිවරයා පැවසීය.

කොළඹදී පැවති මාධ්‍ය හමුවක් අමතමින් විජයදාස රාජපක්ෂ මහතා මේ බව කියා සිටියේය.

 lanka C news

එක්සත් ජාතික පක්‍ෂයේ තවත් මන්ත‍්‍රිවරුන් සිවු දෙනෙකු නියෝජ්‍ය හා රාජ්‍ය ඇමති ධුරයන්හි හෙට (31) දිනයේ දිවුරුම් දෙනු ඇතැයි ජනාදීපති කාර්යාලයේ ආරංචි මාර්ග සනාථ කරයි.

මේ වන විට කැබිනට් ඇමති ධුරයන්හි පුරප්පාඩු වේගයෙන් සම්පුර්න වෙමින් ඇති බවත් නව ඇමතිවරුන් දිවුරුම් දීම ඔවුන් විසින් යොදා ගන්නා වේලාවන් අනුව හෝ ජනාධිපතිවරයා විසින් ලබා දෙනු ලබන වේලාවකට අනුව ඉදිරි දින කිහිපය තුල සිදුවනු ඇතැයිද එම ආරංචි මාර්ග කියා සිටී.

ඇමතිවරුන් දිවුරුම් දීම සිදුවන්නේ දිනකට කෙනෙකු හෝ දෙදෙනෙකු බැගින් බවත් ඉදිරි දින කිහිපයේදීම මෙම සිදුවීම් දැකගත හැකි වනු ඇති බවත් තව දුරටත් වාර්තා වෙයි.

මේ අතර නියෝජ්‍ය ඇමති ආනන්ද අලූත්ගමගේ මහතා සදහන් කරන්නේ එජාපයේ තවත් 06 දෙනෙකු හෙට දිනයේ ඇමතිවරුන් ලෙස දිවුරුම් දෙන බවත් එජාපයේ 20 ඉක්මවූ පිරිසක් මීලග පාර්ලිමේන්තු සැසියට පෙර ඇමතිවරුන් ලෙස නව ආණ්ඩුවට එක්වනු ඇති බවත්ය.

By Shamindra Ferdinando Courtesy The Island

October 30, 2018, 8:41 pm

Newly appointed Premier Mahinda Rajapaksa congratulating new Education and Higher Education Minister Dr. Wijeyadasa Rajapaksa, PC, one of the four elected on the UNP ticket at the last parliamentary polls in August 2015 to join the Sirisena-Rajapaksa administration. Wijeyadasa Rajapakse quit the SLFP-led UPFA during Mahinda Rajapaksa’s first tenure (2005-2010) as the President (Pic by Sudath Silva)

Justice Minister Thalatha Atukorale profusely appreciated Prime Minister Ranil Wickremesinghe for accommodating her in the 10-member Constitutional Council (CC).

The UNPer declared that she was the first woman named to the CC, chaired by Speaker Karu Jayasuriya – elected from the Gampaha District at the 2015 August parliamentary polls. Parliament and political parties constituted the first CC by way of enactment of the 19th Amendment to the Constitution.

The Ratnapura District MP said so at a Sirikotha meeting on the morning of Oct 12, 2018. Atukorale said that she had to leave the Sirikotha meeting early to attend a CC meeting to decide on the next Chief Justice. The CC recommended Nalin Perera, a career judge, fourth in line for the top job. President Maithripala Sirisena endorsed that appointment.

Obviously, Atukorale hadn’t been aware of one-time Under-Secretary General of the United Nations, Radhika Coomaraswamy, being a civil society member of the CC until late Sept., 2018. Coomaraswamy functioned as the Special Representative of the Secretary General on Children and Armed Conflict from 2006 until her retirement in 2012.

Attorney-at-law Atukorale, a leading member of the UNP, obviously hadn’t been interested in the CC. Had she been, she couldn’t have missed Coomaraswamy’s role in the CC where she served it as one of the three civil society representatives.

Coomaraswamy, before her term here ended as CC member, in Sept, 2018, flayed Myanmar’s political and military leaderships for the current situation there. Coomaraswamy joined hands with Marzuki Darusman and Christopher Sidoti to call for war crimes probe targeting Myanmar. The call was made on behalf of the UN. Marzuki Darusman, one time Attorney General of Indonesia, is no stranger to Sri Lankans. Darusman spearheaded the UN project, targeting Sri Lanka, leading to the hotly disputed Panel of Experts (PoE) Report put out in late March 2011.

A section of the international media quoted Coomaraswamy as having said at the launch of the UN report on Myanmar: “The scale, brutality, and systematic nature of rape and violence indicate that they are part of a deliberate strategy to intimidate, terrorize, or punish the civilian population. “They’re used as a tactic of war that we found, include rape, gang rape, sexual slavery, forced nudity and mutilations.”

How could our Justice Minister completely miss Coomaraswamy’s role in the CC when such statements were made?

When the writer queried Justice Ministry media on the afternoon of Oct 12, 2018, as to how Atukorale didn’t know there had been a woman on the CC before her inclusion, courtesy Wickremesinghe, the ministry issued an amended statement in which Atukorale described herself as the first woman parliamentarian to serve the CC. But, the original video is clear. Atukorale really believed she is the first woman on the CC. The original CC comprised Speaker Karu Jayasuriya, Prime Minister Ranil Wickremesinghe, Opposition Leader R Sampanthan, President Sirisena’s nominee Patali Champika Ranawaka, Prime Minister’s choice Dr. Wijeyadasa Rajapakse (subsequently WR was replaced by Tilak Marapana), Opposition Leader’s nomination John Seneviratne, Parliament’s nomination Vijitha Herath and civil society members, Coomaraswamy, A.T. Ariyaratne and the late Shibly Aziz, Attorney General 1995-1996.

Atukorale predecessor Wijeyadasa Rajapakse quit the CC in late Dec 2017 after losing the Justice and Buddha Sasana portfolios in late Aug 2017. Rajapakse earned the wrath of Wickremesinghe by publicly criticizing the handing over of the Hambantota Port, on a 99-year lease, to China. Rajapaksa was also accused of shielding the Rajapaksas. The President’s Counsel is on record as having alleged that his removal was meant to sweep the mega treasury bond scams under the carpet.

Interestingly, Rajapakse was replaced in the CC by National List MP Tilak Marapana who quit the Law and Order portfolio, in early Nov 2015, following accusations of his involvement with Avant Garde Maritime Services (AGMS) that is alleged to have received privileged status under the Rajapaksas. Some of his ministerial colleagues accused him of protecting AGMS owned by retired Army Commando Maj. Nissanka Senadhipathy.

On the night of Monday (Oct. 29) UNPer Wijeyadasa Rajapake retained his cabinet portfolio – Education and Higher Education. Rajapakse was among four UNPers, Wasantha Senanayake (Minister of Tourism and Wildlife), Suresh Vadivel (State Minister of Plantation Industries) and Ananda Aluthgamage (Deputy Minister of Tourism and Wildlife) to join the Sirisena-Rajapaksa administration. Wijeyadasa Rajapakse quit the SLFP-led UPFA during Mahinda Rajapaksa’s first tenure (2005-2010) as the President.

Following Marapana’s resignation, the former Attorney General was quoted as having told the media: “I never interfered with the ongoing investigations. But there is a doubt among people and parliamentarians that the Police investigations are being affected because of me. That’s why I decided to resign from my ministerial portfolio.”

Those who found fault with Marapana for allegedly representing the interests of AGMS did not oppose him on the CC – the highest body responsible for making recommendations for all independent commissions in addition to key appointments to the Supreme Court, Courtof Appeal, etc.

Now, Marapana has been succeeded by Atukorale who didn’t at least know the composition of the original CC.

Second CC in turmoil

Having repeatedly alleged that he would have been buried by the Rajapaksas if defeated at the 2015 January presidential election, President Sirisena last Friday appointed Mahinda Rajapaksa as the Prime Minister. Wickremesinghe has strongly challenged the Sirisena-Rajapaksa move, vowing to prove his majority in parliament. In spite of rhetoric, the UPFA wouldn’t find it easy to prove they have a majority in parliament. However, the coming showdown in parliament could result in a debilitating setback for one party and one emerging victorious, the CC will be in dilemma as regards the status of the Prime Minister.

As far as President Sirisena is concerned, Wickremesinghe is no longer the Prime Minister with effect from Oct. 26 and therefore he didn’t belong to the CC.  At the time of Friday’s stunning move, the Second CC comprised Speaker Karu Jayasuriya, Prime Minister Ranil Wickremesinghe, Opposition Leader R. Sampanthan, President Sirisena’s nominee Mahinda Samarasinghe, Parliament’s nominee Bimal Ratnayake, Prime Minister Wickremesinghe’s nominee Thalatha Atukorale, Opposition Leader Sampanthan’s nominee Chamal Rajapaksa and three civil society nominees, Jayantha Dhanapala, Javid Yusuf and Naganathan Sellvakumaran. With President Sirisena recognizing twice President Rajapaksa as Premier, he is automatically a member of the CC.

The Constitutional Council/Parliament will have to decide whether Thalatha Atukorale can continue as the PM’s nominee as Wickremesinghe no longer holds that position.

It would be pertinent to mention that some decisions, taken at the last CC meeting on the afternoon of Oct 25, before President Sirisena divorced the UNP, didn’t go down well with President Sirisena. Having met at 1.30 pm, the CC announced the endorsement of two of the four names recommended to the Supreme Court by the Office of the President. The CC also approved one of the four names recommended by the Office of the President as judges of the Court of Appeal.

Appointments to the CC are effective for a period of three years.

In case the Sirisena-Rajapaksa duo manage to prove their simple majority, in parliament, next month and the UNP is forced to recognize Rajapaksa as the Prime Minister, the CC will find a different environment to work in. In the event they succeed, the TNA will lead the Opposition Leader’s post. In that case, the Constitutional Council/Parliament may have to decide on the Opposition Leader’s nominee, currently Chamal Rajapaksa.

Among the Second CC are two persons – Jayantha Dhanapala (former United Nations Under-Secretary-General for Disarmament Affairs (1998-2003) and Javid Yusuf (attorney-at-law and former Ambassador to Saudi Arabia) who was involved in the Norway-led peace process that led to all-out war in August 2006. Norway finalized the Ceasefire Agreement between Sri Lanka and the LTTE on Feb 21, 2002 close on the heels of the LTTE attempt to assassinate President Chandrika Bandaranaike Kumaratunga who was having talks with the group. Yusuf functioned as the Director General of the Muslim Peace Secretariat at that time. The Muslim Peace Secretariat struggled to secure the LTTE’s consent to participate in the Norway-mediated talks overseas and to tackle problems faced by the community, especially those driven out of the Northern Province during Ranasinghe Premadasa’s presidency.

Dhanapala headed the Secretariat for Coordinating the Peace Process (SCOPP) tasked with coordinating, facilitating, and strengthening the Norway-led peace process. Dhanapala, a retired career Foreign Service officer, succeeded B.A.B. Gunatilleke as SCOPP chief in 2004.

The writer believes of all those who appeared before the Lessons Learnt and Reconciliation Commission (LLRC), Dhanapala, made the two most important recommendations on the subject of International Humanitarian Law (IHL) and the controversial issue of responsibility to protect concept.

The writer was among the media present at the Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKIIRSS) to cover Dhanapala’s presentation. It was named in memory of our late Foreign Minister Lakshman Kadirgamar assassinated by the LTTE in 2005 Aug. Today, it is called the Lakshman Kadirgamar Institute (LKI).

Dhanapala asserted that IHL should not apply to Sri Lanka’s war against the LTTE and that a conventional army couldn’t be bound by IHL in fighting a terrorist organization.

Sri Lanka paid a huge price for the previous government’s failure to properly examine accountability issues and also neglecting its responsibilities in this regard. The Sirisena-Wickremesinghe combination in October 2015 treacherously co-sponsored the Resolution against Sri Lanka, thereby paving the way for direct Western intervention in the constitutional making process.

Impact on Constitutional making process

President Sirisena and Kurunegala District MP Rajapaksa made their surprise move ahead of the presentation of the second interim draft, prepared by the Steering Committee tasked with preparing a draft constitutional proposal for Sri Lanka. With President proroguing parliament the interim draft cannot be presented to parliament on Nov 5 as planned. Parliament will meet again on Nov 16.

Wickremesinghe in his capacity as the head of the Steering Committee, was scheduled to present the report to the Constituent Assembly. Now that President Sirisena has unceremoniously sacked Wickremesinghe, who would be at the helm of the Steering Committee to lead the constitution making process? Having repeatedly berated the Sirisena-Wickremesinghe duo for giving into Western and Indian pressure to introduce constitutional changes, Rajapaksa will find it extremely difficult to continue with the process. It would be pertinent to mention that the National Freedom Front (NFF) quit the Constituent Assembly in July last year claiming the process posed a grave threat to Sri Lanka’s unitary status. However, Wimal Weerawansa’s NFF couldn’t convince Rajapaksa to quit the Constituent Assembly as well as the Steering Committee. Two Joint Opposition seniors serve the Steering Committee. Against the backdrop of the UPFA factions shedding their differences, it would be interesting to see whether they seek a consensus on the constitution making process. In spite of the NFF quitting the Constituent Assembly, the UNP continued with the project though the Constituent Assembly should consists of all 225 elected and appointed lawmakers.

The NFF parliamentary group, in a letter to Speaker Jayasuriya, said: “As per the motion passed in Parliament for the setting up of the Constituent Assembly, it is mandatory that all MPs in Parliament become its members. When we leave the assembly, that condition is violated and the legitimacy of the Constituent Assembly is now in question. We hope the Speaker would inform Parliament that the legality of the Constituent Assembly is now in question with our exit.”

“We, as representatives of the public, accept the call by Mahanayakes of all three chapters that the present situation is not suitable for a new constitution or amending the constitution. The Mahanayakes conveyed that message to the government, all MPs and the general public in a statement dated July 04, 2017.

The writer raised the issue with the Joint Opposition, the Sri Lanka Podujana Peramuna as well as Yuthuma organization. Their spokesmen steadfastly asserted that they should remain in the constitutional making process. JO heavyweight Bandula Gunawardena once told the writer that the decision to remain in the Constituent Assembly and the Steering Committee had been taken at a meeting chaired by Mahinda Rajapaksa.

Nationalist Groups backing Mahinda Rajapaksa, too, believe that the JO should have quit Wickremesinghe’s project along with the NFF. Against the backdrop of the complete change in the political environment, President Sirisena and Premier Rajapaksa will have to review the UPFA’s stand on the constitution making process.

In terms of the Geneva Resolutions 30/1 and 34/1, Sri Lanka will have to fulfill obligations in relation to accountability issues by March 2019 Geneva session.

Now, it would be the responsibility of President Sirisena and Premier Rajapaksa to take tangible measures to clear Sri Lanka of unsubstantiated war crimes allegations. Both the Rajapaksas and the Sirisena-Wickremesinghe duo cannot absolve themselves of the responsibility for depriving Sri Lanka of best possible defence much to the disappointment of the people who enjoyed genuine peace.

US-led Western powers and India went to the extent of facilitating the change of government in January 2015 as part of their overall strategy to do away with the Rajapaksas relationship with China. They achieved success in January 2015 after experiencing defeat in January 2010 when General Sarath Fonseka lost badly.

Will they simply allow President Sirisena’s move to jeopardize a high profile project in which interested parties invested millions of USD. Bringing the constitution making project to a successful conclusion will certainly offset the battlefield debacle the LTTE suffered on the Vanni east front with its bloody end militarily at Nandikadal in May, nearly a decade ago.

Former UNHRC Chief Zeid-Hussein, at the 32 session of the Geneva sessions, on June 28, 2016, dealt extensively with Sri Lanka. The former Jordanian career diplomat, in a statement captioned ‘Promoting reconciliation, accountability and human rights in Sri Lanka’, explained, in no uncertain terms, what Geneva expected Sri Lanka to do.

Let me reproduce verbatim what Zeid-Hussein stated in his June 28, 2016, address in Geneva:

* “Significant momentum has been achieved in the process of constitutional reform. On 10 March 2016, Parliament adopted a resolution establishing a constitutional assembly to draft and approve a new constitution or amendments by the end of 2016, which would then be put to a referendum in 2017. The drafting process has benefited from an inclusive public consultation process overseen by a Public Representations Committee that received submissions and held district level consultations in the first quarter of 2016.”

* “From a human rights perspective, the constitutional reform process presents an important opportunity to rectify structural deficiencies that contributed to human rights violations and abuses in the past and reinforce guarantees of non-recurrence. These could include a more comprehensive Bill of Rights, stronger institutional checks and balances, enhanced constitutional review, improved guarantees for the independence of the judiciary, effective individual complaints mechanisms and greater direct enforceability of international human rights treaty. Also, as demonstrated by other countries’ experience, is the strengthening of civilian oversight over the military in the form of multiple oversight and accountability mechanisms over defense policy, discipline and promotion, budgeting and procurement. The new Constitution will also be important in facilitating the establishment of the transitional justice mechanisms envisaged by the Government, for instance the criminalization of international crimes in national law or allowing for the involvement of international judicial personnel. At the same time, the High Commissioner hopes that the political process of adopting constitutional changes will not involve tradeoffs and compromises on core issues of accountability, transitional justice and human rights.”

Sri Lanka needs to be watchful and move swiftly and decisively to obliterate allegations with real evidence and accept responsibility for individual battlefield excesses in case there were any during the eelam war IV (2006 – 2009). Taking up Lord Naseby’s revelations in Geneva can be the first step in a daunting task, something Sri Lanka cannot afford not to do. Strategic thinking is necessary as Sri Lanka has already fulfilled some of the key measures prescribed by Geneva, including Office for Missing Persons and Office for Reparations.

To be continued on Nov 7

CITIZEN S Courtesy The Island

October 30, 2018, 12:00 pm

You have come back in a way even you didn’t anticipate, but hats off to you for going with the flow and taking up the challenge/opportunity. There’s a palpable sense of relief with the public when you’re at the helm. Probably they expect you to do the same miracle you did before, bring the country back from the brink. This time it’s not the terrorist/separatist threat, but an economic catastrophe. We feel you are quite up to it and wish you good luck. But at the same time would like to extend a reminder and a warning of the fears of the public regarding your rise to power again.

First we hope you will not release your former friends and colleagues who have been convicted of rape, murder, drug trafficking, fraud and corruption, creating communal rifts etc. Refrain from giving presidential pardon and setting them loose among the public of this country again. They have been convicted fairly and squarely, and this country should not be made to suffer them again. Ever.  Hope you can resist the allure of their ill gotten money. Their offers to sponsor you, to print your posters, to finance your party and election campaigns, should be totally shunned. Please spare this country of them.

Keep your distance from all religious extremists whether Buddhist, Tamil, Muslim or Christian. Scrap all these ministries too. The government should be for all citizens of this country, irrespective of any religion. Any government assistance given to religions should be available for all religions and people.

Do not interfere in the ongoing cases of corruption, even if these people have come back to support you. Let the legal proceedings take its course without any interference from you or your hangers on.

All members of parliament are also normal citizens of this country and do not deserve any special treatment than any other government servant for carrying out their duties. (Which was the case many years ago. Now they come into power only to fatten themselves) .This Idea has been already vocalized and have taken root. It is gathering momentum with lots of selfless people getting behind it and offering to do away with all the special perks members of parliament get, like pensions after just 5 years in office, duty free vehicle permits, and all kinds of allowances etc. There are people, who are coming forward to work without all that. In fact, there are people who have worked like that already. Prime example the retired Chief justice, Priyashath Dep and some JVP parliamentarians. At a time when people are desperate for a 3rd option, from the two parties that has ruled/ruined the country for so long, Mahinda, you have two options here. 1) Pick people like Priyashath Dep, who are willing to work for the country without the perks, for your team. Sri Lanka is blessed with many like him. Or, 2) do away with all these perks for the fat and salivating lot, who comes forward only to enjoy these callous perks created by the fattened for the fattened.

Do away with all antics done, with the claim of terrorist threat to their lives by all politicos. Like police escorts for going about on the roads, and breaking of all traffic rules.  This is the biggest harassment of the normal public of this country by the politicos of all hues. They all want to go about their business like the royalty. A parliament sitting day is well recognizable by the chaos on the roads on the day, these speeding buffaloes create with the assistance of the police.

Do not interfere, or let any of your cronies interfere, in the normal carrying out of duties by the police.

Prohibit making little children worship politicos. This bending over is trained at such young age by their own teachers/parents that it stays with them for the rest of their lives. Make their backs strong, so some day they will hold themselves up with pride, no matter what their job is.

Reduce the number of ministers, and Ministries.

Weeding out corruption should be as important a goal as developing the country. Give it top priority, like you did with the LTTE, Declare a war on corruption.

Do not make nationally important decisions on the sayings and predictions of astrologers. Good luck

Courtesy The Island

October 30, 2018, 11:54 pm
Former External Affairs Minister and Prof of Law. G.L. Peiris yesterday told The Island that a deliberate attempt was being made to mislead the public as regards the dismissal of PM Wickremesinghe. The following is the full text of the statement issued by Prof. Peiris: There is extensive discussion in the media regarding the legality of the action taken by President Maithripala Sirisena during the evening of Friday 26 October to remove Ranil Wickramasinghe from the position of Prime Minister and to appoint instead Mr. Mahinda Rajapaksa.

Continuing discussion of the legal issues is taking place on the basis of a fundamental misconception. It has been assumed that there is no provision in the Constitution of Sri Lanka, empowering the President to remove the Prime Minister.

This is entirely incorrect.

Section 48(i), which is part of the 19th Amendment, explicitly refers to removal or dismissal as one of the methods by which the Prime Minister ceases to hold office

The Constitution, therefore, in express terms recognizes removal or dismissal by the President as a mode of ending the tenure of office of the Prime Minister.

This vital provision has escaped notice in the current discussion, because it is not reflected in the English version.

There is a crucial difference between the Sinhala and English versions. The English version uses the words : “On the Prime Minister ceasing to hold office by death, resignation or otherwise”. The reference to removal or dismissal is deleted.

I was a member of Parliament when the 19th Amendment was discussed and enacted by Parliament. This happened during the so-called 100 day period between the Presidential Election of 8 January 2015 and the Parliamentary Election of 17 August 2015.

I was personally aware that it was the Sinhala version which was put to the House, clause by clause, during the Committee Stage by Mr. Chamal Rajapaksa, Speaker of Parliament at that time. It was the Sinhala version which was considered and adopted by Parliament. The English version did not receive the attention of Parliament at all.

In any event, in the event of any discrepancy, it is the Sinhala version that prevails. Indisputably, the Sinhala version is the authoritative version of the law.

This vital fact is lost sight of, in all the discussion which is now taking place.

When the governing provisions of the Constitution are accurately stated in their complete form, and taken into account, there can be no conceivable doubt that the President’s power to dismiss the Prime Minister is expressly contemplated by the Constitution.

Dismissal of Mr. Ranil Wickramasinghe and appointment of Mr. Mahinda Rajapaksa as Prime Minister on 26 October 2018, is therefore entirely in keeping with the Constitution, and there has been no infringement of its provisions in any respect.

දිනසේන රතුගමගේ

දෙමළ ජාතික සන්ධානය දේශපාලනමය වශයෙන් පාඩම් ඉගෙන ගෙන ඇත්නම් මේ අවස්ථාවේදී කිසිවෙකුටත් සහය නොදැක්විය යුතු බව ඊ.පී.ආර්.එල්.එෆ්.සංවිධානයේ නායක සුරේෂ් ප්‍රේමචන්ද්‍රන් මහතා 30 දා සවස පැවසීය.

දෙමළ ජාතික සන්ධානයේ නායක ආර්.සම්බන්ධන් විපක්ෂනායකවරයා 30 දා අග්‍රාමාත්‍ය මහින්ද රාජපක්ෂ මහතා හමුවීම පිළිබදව යාපනයේ මාධ්‍යවේදීන් සුරේෂ් ප්‍රේමචන්ද්‍රන් මහතාගෙන් අදහස් විමසූ විය ඔහු මේ බව කියා සිටියේය.

දෙමළ ජාතික සන්ධානය එකල නියෝජනය කරමින් මන්ත්‍රී ධුරයට පත් වූ  වන්නි දිස්ත්‍රික්කයේ පාර්ලිමේන්තු මන්ත්‍රී ශිවශක්ති ආනන්දන් මහතා දැන් තමා සමහ සිටින බව කී ඊ.පී.ආර්.එල්.එෆ්.නායකයා තමන් ඔහු සමගද කතා කළ අවස්ථාවේදී ඔහුද කීස්වෙකුටත් සහය නොදීමට තීරණය කොට ඇති බව කියා සිටියේය.

දෙමළ ජාතික සන්ධානය අතීතයේදී මේ සියළුම දේශපාලනඥයින් සමග කටයුතු කොට ඇති බව පවසන සුරේෂ් මහතා කියා සිටින්නේ ඔවුන් ඔවුන්ගේ දේශපාලන වාසිය තකා මෙතෙක් කළේ දෙමළ ජාතික සන්ධානය රැවටවීම බව උදාහරණ සහිතව  විස්තර කරණ ලදී.

උතුරු නගෙනහිර වෙසෙන දෙමළ ජනතාව වෙණුවෙන් දෙමළ දේශපාලන පක්ෂ එදා සිට ඉල්ලා සිටින්නේ ප්‍රධාන කාරණා පහක් බව කී හෙතෙම ඒ එකම කරුණක් හෝ නිසි ලෙස ඉටුකිරීමට දකුණේ දේශපාලනඥයින් හෝ දේශපාලන පක්ෂ කටයුතු කොට  නොමති බවද කියා සිටියේය.

උතුරු නැගෙනහිර පළාත් දෙක එකට එකතු කොට ඒකීය රාජ්‍යයක් තුළ බලය බෙදා හැරෙන දේශපාලන විසදුමක් දෙමළ ජාතික සන්ධානය ඇතුළු සියළුම දෙමළ දේශපාලන පක්ෂ ඉල්ලා සිටියදී දේශපාලන නායකයින් සිදු කරන්නේ ඔවුන් බලයේ සිටීමට අවශ්‍ය පරිදි පාවා දී ගැනීමක් නම ඔවුන්ට සහය දෙන්නවුන් ජාතිද්‍රෝහීන් ගණයට වැටෙන බව සුරේෂ් ප්‍රේමචන්ද්‍රන් මහතාගේ අදහසයි.

යුද සමයේදී අතුරුදහන් වූවන්ගේ ප්‍රශ්නයට විසදුම් ලබාදීම,උතුරේ වැසියන්ගේ ඉඩම් ආපසු ලබා දීම හා දෙමළ දේශපාලන සිරකරුවන් නිදහස් කිරීම යන ඉල්ලීම් වහාම ඉටු කරණ බවට පොරොන්දු වූ වත්මන් ජනාධිපතිවරයා ඔහුගේ  පරම හතුරා සමග එකතු වී ඇති පරිසරයක් තුළ දෙමළ ජාතීන්ගේ ඉල්ලීම් ඉටු නොවන බව දෙමළ ජාතික සන්ධානය දැන සිටිය යුතු බවද ඊ.පී.ආර්.එල්.එෆ්.නායකයා කියා සිටියි.

පටු අරමුණු ඉටු කරගැනීම සදහා මෙසේ එකතුවන පිළිකුල් දේශපාලනඥයින් හමුවීමට යාම පවා ආත්ම ගරුත්වය බිද වැටීමට හේතුවක් බව ඔහු පෙන්වා දෙයි.

රටේ වත්මන් නායකයින් රටේ අභ්‍යන්තර දේශපාලන පක්ෂ වලට වූ පොරොන්දු කිසිවක් ඉටු කරණ තත්ත්වයක් දක්නට නොතිබියදී දෙමළ ජාතික සන්ධානය  ඒ දේශපාලාන්ඥයින් සමග ගණුදෙණු කිරීමෙන් හා ඔවුන්ට  සහය පලකිරීමෙන් කිසිදු ප්‍රයෝජනයක් නැතැයිද ඔහු කියා සිටියි.

ජිනීවා මානව හිමිකම් මණ්ඩලයේදී ශ්‍රී ලංකා රජයට යෝජනා වූ ත්‍රස්තවාදය වැලැක්වී මේ පනත අහෝසි කිරීම දෙමළ දේශපාලන සිරකරුවන් නිදහස් කිරීම වැනි ජාත්‍යන්තර සම්මතයන් පවා නොසලකා හරින රාජ්‍ය නායකයින්ගෙන් දෙමළ ජාතික සන්ධානය ඉදිරියටත් රැවටීමක් හැර වෙනත් යමක් බලාපොරොත්තු විය නොහැකි බවද සුරේෂ් ප්‍රේමචන්ද්‍රන් මහතා මෙහිදී වැඩිදුරටත් කියා සිටියේය.

දිනසේන රතුගමගේ

උතුරු මුහුදු සීමාවේ අනවසරයෙන් මසුන් මරමින් සිටි ඉන්දීය ධීවරයින් 17 දෙනෙකු හා ඔවුන්ගේ යාත්‍රා තුනක් නාවික හමුදාව විසින් 29 දා අත් අඩංගුවට ගෙන තිබේ.

උතුරු නාවික විධානයට අයත් වේග ප්‍රහාරක මුර නෞකාවට අනුයුක්ත නාවිකයින් විසින් ඩෙල්ෆ්ට් දුපතට ආසන්න මුහුදු ප්‍රදේශයේදී ධීවර යාත්‍රා දෙකක් සහ කච්චතිව් දූපතට ආසන්න මුහුදු ප්‍රදේශයේදී එක් ධීවර යාත්‍රාවක් ද මෙලෙස අත්අඩංගුවට ගෙන ඇත.

ඒ අනුව, ඉන්දීය ධීවරයින් සහ ට්‍රෝලර් යාත්‍රා ශ්‍රී ලංකා නාවික නෞකා ‘එලාර’ ආයතනය වෙත රැගෙන ඒමට කටයුතු කර ඇති අතර, එම ධීවරයින් පිරිස වෛද්‍ය පරීක්‍ෂණයකට භාජනය කිරීමෙන් අනතුරුව ඉදිරි නීතිමය කටයුතු සඳහා යාපනය, සහකාර ධිවර අධ්‍යක්‍ෂක වෙත භාර දීමට කටයුතු කරන ලදී..

අත්අඩංගුවට ගත් ඉන්දීය ධීවරයින් පිරිස සහ යාත්‍රා ඉදිරි නීතිමය කටයුතු සඳහා යාපනය සහකාර ධීවර අධ්‍යක්ෂ වෙත බාර දී ඇති අතර ඔවුන්ව 30 දා කන්කසන්තුරේ පොලීසිය වෙත බාර දී තිබේ.

පොලීසිය පැවසුවේ අනාව්සරයෙන් මසුන් මරන ලද ධීවරයින් පිරිස අධිකරණය වෙත ඉදිරිපත් කිරීමට පියවර ගෙන ඇති බවයි.

දිනසේන රතුගමගේ

මන්නාරම සතොස තොග වෙළද සැල අසලින් හමුවූ සමූහ මිනී වළෙන් 29 දා සවස් වන විට මිනිස් ඇටසැකිළි 207 ක් හමු වී තිබේ.

මෙම මිනිස් ඇටසැකිළි 207 න් 199 ක් සමූහ මිනීවළෙන් ගොඩගෙන ඇති අතර  ඒවා පරීක්ෂණ කටයුතු සදහා ඉදිරිපත් කොට තිබේ.

මෙම සමූහ මිනීවළේ කැණීම් කටයුතු පරීක්ෂා කොට බැලීම සදහා මන්නාරම දිසා විනිසුරු ආර්.ස්වර්ණරාජ් මහතා ඇතුළු පිරිසක් 29 දා මේ ස්ථානයට පැමිණි අතර එහිදී කැණීම් කටයූතු හා එහි වත්මන් තත්ත්වය පිළිබදව කැණීම් බාර නිලධාරීන් සමග සාකච්ඡා කොට තිබේ.

මෙහිදී දැනට හමුවී ඇති මිනිස් ඇට සැකිළි 207  අතර කාන්තා පිරිමි හා ළමා යන තුන් කොටසටම අයත් ඇටසැකිළි ඇති බව කැණීම් බාර නිලධාරීන් දිසා විනිසුරුවරයාට ප්‍රකාශ කොට ඇති අතර කැණීම් කටයුතු වලට බාධාවක් වී ඇත්තේ ඉද හිට මන්නාරමට ඇද හැලෙන වර්ෂාව පමණක් බවද ඔවුන් ප්‍රකාශ කොට තිබේ.

වර්ෂාවෙන් මේ ස්ථානය ආරක්ෂා කර ගැනීම පිණිසකූඩාරම් ඉදි කොට ඇති බවද නිලධාරීන් විනිසුරුවරයාට ප්‍රකාශ කොට ඇති අතර  නිලධාරීන්ට හා මෙම සමූහ මිනී වළට පොලීසියෙන් විශාල ආරක්ෂාවක් ලැබෙන බවද ප්‍රකාශ කොට තිබේ.

Suddenly a bevy of ‘constitutional experts’ have come into the scene. Where were they in 2015 one wonders. The situation is this. We have the same President but 2 different Prime Ministers. The issue is this. Those that are now coming forward holding the slogans of ‘abiding by the constitution’ quoting the ‘constitution’ questioning the ‘legalities’ etc were not to be seen or heard in 2015 and since when a list of illegalities were taking place. Let us compare these two scenarios.

January 2015 Sri Lanka held a Presidential election.

The presidential election is a very straightforward election where all registered voters in Sri Lanka vote for a President who must secure 50% of the votes cast. At the 2015 Presidential election the President obtaining 62lakh votes became Maithripala Sirisena who left the SLFP-UPFA & contested under the swan symbol backed by the UNP, TNA, SLMC, JVP and endorsed by some 50 civil society organizations.

At the time of taking oaths an unprecedented move occurred. Immediately after taking oaths as President, the President-elect appointed then Opposition Leader Ranil Wickremasinghe as the Prime Minister. Ranil Wickremasinghe in January 2015 had only 46UNP MPs represented in Parliament. The question everyone asked was how can the President-elect  appoint Ranil Wickremasinghe because the election was a Presidential & not Parliament while Ranil had only 46MPs in Parliament.

The response was ridiculous. Of course the President can appoint Ranil Wickremasinghe, he promised so in his election pledges & on election platforms”. What if the President in the run up to elections promised to make Donald Trump, Theresa May, Putin or Trudeau as Prime Minister, would their answer also be the same? We are unlikely to get a response.

Be that as it may, there was another more serious issue. Ranil Wickremasinghe was appointed without removing the sitting Prime Minister D M Jayaratne and D M Jayaratne neither resigned nor was removed from his position as PM. So how was Ranil appointed PM without removing the sitting PM? None of the constitutional experts now questioning the constitutionality of matters wish to answer this question.

What is the legality & constitutionality of the January 2015 Prime Minister’s appointment.

Sri Lanka held a Presidential election not a General Election and previously too the country functioned with a President from one party & a Prime Minister from another. Moreover, if we are to presume that a Presidential election held after which the President-elect can immediately appoint a Prime Minister, then we should next ask the question why waste money & time on holding General Elections!

Ranil was clearly without any majority support in Parliament – with 46MPs he lacked the majority support. Therefore, from January to August 2015 there is a big question as to the legality & constitutionality of Ranil Wickremasinghe as Prime Minister which is a more important legal & constitutionally unanaswered question than the present appointment of Mahinda Rajapakse as PM. No one wants to answer or even raise this as a debate topic.

It is interesting that Constitutional maestro Jayampathy Wickremaratne quotes 42(4) claiming that the appointment of a PM can arise ‘only when there is a vacancy by virtue of a fresh election, resignation or no-confidence motion’. How come all 3 did not exist in January 2015 and Ranil was appointed as PM?

http://www.dailymirror.lk/157477/Two-gazettes-issued-removing-Ranil-and-appointing-MR-as-PM?utm_source=dlvr.it&utm_medium=facebook two gazette notifications removing Ranil and appointing Mahinda

Therefore, there is a serious question of legality & constitutionality to the appointment of Ranil as PM in January 2015 and he functioned as PM till August 2015 Parliamentary Elections after which he became the PM. However, from Jan to Aug 2015 every action & seal by Ranil as PM has to be legally questioned including the 19amendment.

Look at the hypocrisies at play

In January 2015 according to N. Selvakkumaran (Sri Lanka Guardian – Appointment of the Prime Minister: Constitutional or Not?”) says it is the opinion of the President that matters here. There is no express provision in the Constitution which requires a Prime Minister to demonstrate, through an affirmative vote of confidence, his or her ability to command the majority support of Parliament”

If this argument applies to the appointment of Ranil Wickremasinghe in 2015 as PM shouldn’t it also apply to Mahinda Rajapakse’s appointment as PM?

Note how Selvakkumaran answers the constitutional position & political legitimacy of Ranil as PM in 2015, he says candidate Maithripala Sirisena made it very clear in many political platforms and through media interviews, during the period of canvassing that he would appoint Ranil Wickremasinghe as the Prime Minister once he won the Presidential Election & took oaths as the President. He had to keep his word to the people of this country”. If this is so then we don’t need a constitution or a supreme court to determine things legal. A President can make campaign promises & follow through on them. But what if he doesn’t??? This clearly displays a very lame & immature response to a very legal argument.

October 2018 appointment of Mahinda Rajapakse as Prime Minister by the same President that appointed & removed the immediate-past Prime Minister Ranil Wickremasinghe.  

How was this appointment done? Only after getting all of the SLFP MPs in the National Unity Government to resign and issuing a gazette notification to the effect that the Prime Minister Ranil Wickremasinghe was removed as PM & issuing another gazette notification informing the appointment of Mahinda Rajapakse as Prime Minister.

The constitutional experts in the form of Friday Forum, Church of Ceylon and the various online petitions now in circulation completely ignore the fact that there is no National Unity Government to claim that the President cannot remove Ranil as Prime Minister. So they are quoting part of the 19a & totally disregarding the Article clauses relevant to the National Government. In this manner they are totally fooling the masses who need to understand what context of 19a is applicable to the situation.

Arguments in favor of Mahinda Rajapakse’s appointment as Prime Minister

• Article 42 (4) is cited as reason for the removal of Ranil Wickremasinghe as Prime Minister
• Article 42 (4) clearly states that it is nothing but the ‘President’s opinion’ that decides who he feels has confidence in Parliament. It is irrelevant that any party has the numbers to stake claim as having the confidence of the House.
• National Unity Government’ ceased to exist after the 26MPs of the SLFP withdrew support to it.
• We have forgotten that the 2 year MOU signed between UNP & SLFP also ceased to exist from August 2017.

The powers of the President is superior to that of the Prime Minister established clearly via

1. Article 30 (1) 19a – There shall be a President of the Republic of Sri Lanka who is the Head of State, Head of the Executive & of the Government”
2. Article 42 (3) – President is Head of the Cabinet of Ministers” while the Cabinet of Ministers is charged with the direction & control of the Government” – Article 42 (1)
3. This empowers the President to deem whom he feels is suited to direct & control the Government & nowhere in the 19a does it say that the President’s choice in the Prime Minister has to be from the party that has the largest MPs in Parliament. But the discretion of the President is important because he has to appoint someone as PM who will face obstacles in functioning as the PM. What needs to be clearly pointed out is that the President’s choice in selecting a PM who does not have a majority in Parliament is not unconstitutional.

Arguments against President Proroguing Parliament

• Article 70(a) empowers President to prorogue Parliament
• Article 70(3) requires President to fix date for next session which cannot be more than 2 months (President has fixed Parliament to reconvene on 16 Nov 2018)
• Article 70 (3) (i) permits the President to summon Parliament even 3 days after he prorogues Parliament.

19a key provisions to note

• Government to comprise only 30 MPs unless in case of National Government
• Cabinet formed by National Government will automatically get dissolved when a party leaves the National Government (withdrawal of SLFP MPs from National Government meant that the cabinet automatically stood dissolved)
• If cabinet is automatically dissolved the post of Prime Minister also falls vacant.
• President is legally & constitutionally empowered to appoint new Prime Minister whom he feels commands the confidence of the House.

If we are talking about legality & constitutionality of appointments then we need to return to the appointment of Ranil Wickremasinghe in January 2015 & question that legality & constitutionality first – this would legally question every agreement he has signed as PM, every appointment made, every decision taken & it would even question the validity of the 19a. Legal experts need to address this without partition politics.

As for people who are coming forward to defend either party in particular the US, UK, EU, India, Japan, Canada et al they must be reminded that they are flouting Geneva diplomatic protocols interfering into the internal affairs of sovereign states.

Their credibility is questioned when they have been silent throughout a plethora of illegalities & irregularities that their favourites have been committing with virtual impunity – from August 2015 to February 2018 no elections were held throughout Sri Lanka inspite of enforcing independent commissions (not a hum from the angels of democracy), a new constitution is being drafted by them according to what suits their agenda (all violations of Sri Lanka’s sovereignty), Bill to compensate the LTTE which remains banned in Sri Lanka and by the very countries that are not taking action against the LTTE fronts is an affront to all the victims of LTTE, Bills are being passed without transparency, cheating the public & without majority vote, trade pacts are being signed in secrecy compromising national security and natural assets of the country and no one in the West/India are questioning these, all types of controversial figures are getting appointed to key roles & total silence because they are the one’s selected to take care of the finer details before these too are sold.

On top of all this, the person they packaged a campaign to bring to power as President is even going to the UN and saying there is a plot to kill him and he comes on State TV & addresses his people to say that the reason to sack the PM was the attempt to assassinate him. Not one of the countries or the civil society organizations that campaigned to bring him to power as President are calling for an investigation or arrest of those planning to kill the President.

Furthermore, everyone today presenting arguments questioning the legality of matters need to wake up to some realities and eat humble pie for they know very well that the 19a came about not for the interest of the country or to uphold democracy but was a very craftily drafted document that plotted to subtly transfer powers of the President to the Prime Minister, insert provisions that would deny members of the opposition to contest future elections (clauses like dual citizenship, limiting presidency term, removing president’s right to dissolve parliament, cap on age limit to contest presidency) and also including the provision of who will lead in case of a vacancy which gels well with the conspiracy to bump off the President. For the luck of the country & the karmic punishment of the perpetrators they find their plans all exposed & they are in a total mess because what they thought would be their cake has now passed on to their enemy.

All we can say is – what goes round comes round & it isn’t very pretty for those who connive & try to cheat their way into climbing to power & remaining in power.

Shenali D Waduge

Dr Sarath Obeysekera

When SWRD led somewhat national revolution against green party, my father who was an ardent DS fan who worked in the field of Irrigation has changed his western attire to a Sinhala National Dress to go to work. When things were changing after SWRDS’s demise he turned his colours again and backed JR.

People have to change their mind set to suit the political conditions and adapt.

Country was booming in development despite purported corruption allegations and yet a King Maker rise and change the path of Sri Lankan political landscape in 2015.Kingmaker noticed that the democracy and so called Yahaplanaya cannot exist .So many disruption in the country because of unions creating havoc in the society.

Starting with Three Wheeler Drivers to highly educated Doctors and even revenue collectors were disrupting the government .And yet King Maker was watching and foreseeing a disaster in few years when next election take place.

Known devil for many years who was chased away using a political voo doo could save the King Maker and the country .That may have been his opinion.

He did not hesitate .He became a Dictator to a certain extent (hopefully he will be a benevolent- one in time to come) and get the new regime takes control.

People may complain that democratic principles were violated ,but there  may be better management because the journalist will have to be careful when they report nationally sensitive aspects and unions will have  think twice before they start  any demonstrations for minor issues disrupting day to day life of the people in the country .

New King should address the country and announce that there should not be any more nonsense.

All foreign investments should be accelerated and highway constructions and other projects such as refineries, LNG plants, etc should commence.

Law and Order should to be strictly maintained, behaviour of young members of elite should be controlled.

If the people cannot see any changes in the country, in two years new King may rise and punish the incumbent one.

As we always say Let us see how new regime performs

DHARSHAN WEERASEKERA,

29^th October 2018

The change of government on 26^th October 2018 has put an end to the prospect of a new Constitution being brought or changes made to the existing one so as to lay the foundation for a future secession of the Northern and Eastern Provinces by way of a referendum endorsed by the international community.  This is what the Tamil Separatists were hoping for all along, and now they are back to square one.

However, the Sinhalayo cannot take the stroke of luck that has come their way for granted.  They must take full advantage of this chance and put an end to the Tamil Separatists once and for all, that is to say, put an end to the ideological, intellectual, political and financial institutions that sustain Tamil Separatism both within Sri Lanka and abroad.  If not, it’ll be only a matter of time, and very short time at that, before the Separatists start undermining MR and the new Administration, and with the help of the international community, destroy it.

Accordingly, I give below some of the legal means that I think the new Administration should use, or encourage the Sinhalayo to use, in order to start putting the Tamil Separatists out of business.  I will first discuss what I think should be done within Sri Lanka and then turn to what should be done internationally.

A. International Measures

1. Quickly produce a document that sets out the Government’s position regarding the allegations or war crimes and other crimes being leveled by certain countries and also the UNHRC against Sri Lanka.

The effort by Sri Lanka’s enemies including the Tamil Diaspora to undermine and delegitimize the new Administration has already started, and predictably one of its main components is the effort to revive the claim that MR and those around him are criminals and that the international community has a duty to hold them accountable in order to save the rest of Sri Lanka especially the minorities.

So, it is imperative that the Administration establish its position in respect of the various allegations of war crimes as well as human rights violations.  This necessarily entails that the Government establish its stance in regard to resolution 30/1 of October 2015.  Both positions must be put in writing and then given to our allies such as Russia, China, Pakistan and so on, and their views and suggestions obtained as to any changes that should be made to the document.

The Government should then get an undertaking from these allies that they will back the Government in front of the international community, especially in forums such as the UNHRC, to defend the Government’s position.  Once this agreement is obtained, the document should be conveyed to the international community in a formal way.

The Government should then tell the Western nations that are always criticizing Sri Lanka, that although various individuals or NGO’s in those countries are free to make allegations against Sri Lanka, the Governments of those countries have obligations under international law to follow prescribed procedures when making allegations against  another country.  The Government should insist that they honor those obligations, which involve, at a minimum, giving the accused a chance to officially respond to the allegations in question before taking against them.

The Government should also inform those countries that it will pursue whatever remedial measures may be available under international law, including at the International Court of Justice, if countries interfere in Sri Lanka’s internal affairs in violation of the aforesaid obligations.  The Government should be prepared to follow through on that threat.

B. Domestic Measures

1. Action under the 6^th Amendment to the Constitution

In my view, the 6^th Amendment to the Constitution is the most powerful tool available at the moment to combat the Tamil Separatists within Sri Lanka.  The 6^th Amendment offers options for the Government as well as for ordinary citizens to take action against the Separatists.  Section 3 of the Amendment permits the Government to prosecute persons it considers to be advocating the establishment of a separate State within Sri Lanka.

Section 4 of the Amendment permits any person to take before the Supreme Court a political party, group or organization that the petitioner considers has an intention of setting up a separate State within Sri Lanka.  If the petitioner can prove his claims, the Court will grant a Declaration that the impugned organization is separatist, which can lead among other things to proscription of the organization.

Unfortunately, neither of these options has been used very much  To the best of my knowledge, Section 3 has only recently been used by the Government to try and prosecute Vijayakala for allegedly saying that she wished Prabakaran and the LTTE would return.  Vijayakala is ‘small fry.’  The big fish are the folks such as Sampanthan and Viggy.  Some way or other must be found to invoke Section 3 of the 6^th Amendment against these two.

For instance, it is a sure bet that, in the last week of November, Viggy and his acolytes will again try to celebrate their miserable ‘Mahaveer Day.’ This time they’ll go all out in order to take advantage of the international attention that will be focused on Sri Lanka on account of the change of Government.

The Government should make it absolutely clear that it will not tolerate any attempts by Tamils or anyone else in his country to commemorate the LTTE or in any way, directly or indirectly, to perpetuate the ideology and the goals espoused by the LTTE.  So, the Government should make sure to haul Viggy and his lot before the Court of Appeal under Section 3 of the 6^th Amendment if they so much as lift a finger to  commemorate the LTTE,  and if found guilty, make sure that they get the maximum penalty.

By Noor Nizam – Peace and Political Activist, Political Communication Researcher, SLFP Stalwart and Convener – “The Muslim Voice” – October 29^th., 2018..

The leader of the Sri Lanka Muslim Congress has made a public request through http://www.jaffnamuslims.com, the most popular and read Muslim internet news publication/forum today, calling for Sri Lanka Muslim to come out to the streets tomorrow (30.10.2018) in front of Lipton’s roundabout and protest against the appointment of Hon. Mahinda Rajapaksa as the new PM and HE. Maithripala Sirisena’s new government.

But let’s look at the reality. Whatever said and done – the Mahinda -MY3 political steam roller is moving forward. The 72% Sinhala people will finally support Mahinda, including the Police and the 3 Security Forces. That is the powerful political force needed to safeguard our MAATHRUBOOMIYA” from the crutches of the Western powers that are trying to make us their slaves economically and destroy our SOVEREIGNITY as an independent FREE STATE of the UN and a member of the COMMONWEALTH FAMILY, in the international political arena. It is the free trade policy of the UNF/UNP and the free for all attitude of the UNF/UNP in the handling of all state and public matters and the economy of the country and the UNF/UNP political and hierarchical system of the big wigs of the UNP, since January 8^th, 2015, involved in mega corruption with their minority coalition partners, which has resulted in the pathetic state of affairs in our country and the selling of our country’s assets to the political vultures of the eastern and western world.

The BURDEN has befallen our poor citizens and the nation to redeem them for our next generations which cannot continue. Look at how IGP Pugita Jayasundara had acted, being a Ranil man. With my involvement with the SLFP since 1969, beginning with the Late Sirimavo R.D.Bandaranaike and to supporting Mahinda at the 2015 Presidential and General elections, being a staunch supporter of the SLFP/Mahinda Pela/JO and the SLPP, I know that the political cuemanship of the late T.B.Jaya’s advice “that we Muslims should not place all our eggs in one basket” has to be the best political “SAFETY VALUE”, Insha Allah for the Muslims of Sri Lanka. Even though, as a voice heard in the wilderness, I have stood with the SLFP/Mahinda Pela/JO and the SLPP, without changing colours or the party till to-date, Alhamdulillah.

My advice is that we should see reality now – Insha Allah. Though the Muslim political leaders may say they are supporting Ranil standing or sitting beside him at Temple Trees press conferences, they will finally crawl towards Mahinda and Maithri (MY3) at the last moment. There seems already signals reaching out that both Muslim leaders, especially Rishard Bathiudeen is trying to make a deal with Basil Rajapaksa to cross over at the appropriate moment. Basil Rajapaksa knows much about the corruption of these “deceptive Muslim leaders”. We should therefore warn Hon. PM  Mahinda Rajapaksa and group to be ALERT about the “MUNAAFIKK” Muslim politicians, who will FLOCK to him to gain personal benefits trying to say they are the Muslim votes.

Hon. PM Mahinda Rajapaksa should NOT forget those Muslims, Muslim voters and Muslim politicians who stood with “Mahinda pela”,Basil and Gotabaya since they were defeated in January 8th., 2015. In recent times, the Beruwela and Aluthgama and Eastern province Muslims have extended their support to Mahinda Rajapaksa with a hope of understating and trust that the New PM will resolve their issues democratically. They are the people/Muslim representatives who should be our VOICE in the new Mahinda – MY3 government, Insha Allah. I hope and pray that this message will reach all Muslims and Hon. Mahinda Rajapaksa our new PM, Hon. Basil Rajapaksa and former Defense secretary Gotabya Rajapaksa.

The fact remains NOW, the Muslim voters are acting on their own and do NOT wish to be represented by these “MUNAAFIKK and DECEPTIVE POLITICIANS”, Insha Allah. It is time up that a NEW POLITICAL FORCE that will be honest and sincere that will produce “CLEAN” and diligent Muslim Politicians to stand up and defend the Muslim Community politically and otherwise, especially from among the YOUTH, and to support the news government of PM Mahinda Rajapaksa, has to emerge from within the Sri Lanka Muslim Community to face any new election in the coming future, Insha Allah.

US, UK, Canada & EU as well as UN stand guilty of helping regime change in Sri Lanka. There is no two words about that. Their statements are clear giveaways. They brought to power a bunch of puppets, gave them a carte blanche to steal and drain the nation dry so long as these powerful nations of the West were handed their wishlists, which meant a change of constitution claiming it to resolve Tamil minority problem but in reality was to enable the West to put a foothold in newly divided territory to embark on their pivot to Asia program. Though this plan had the help of India it is likely that India felt it was also being manipulated & used. The foreign media together with UN statements ensured the present government was painted as crusaders of peace, angels of human rights while the former President was portrayed as a dictator insinuating what the West does to dictators (Saddam, Gaddafi, Milosevic) It was this veiled threat that rallied people to defend the former leader as a nation was not ready to fall for the coloured revolutions that the West were masters at orchestrating. Now they find themselves in an unexpected predicament though no doubt they are adept at transferring any bad situation into their advantage.

So with their man-Friday now out of job or unceremoniously removed, the foreign envoys are telling the new government to abide by the constitution but when the constitution was being tweaked, manipulated and violated by their chosen government they saw fit to stay silent & not a hum was made from any of them objecting.

Now with the removal of Ranil as PM and the appointment of Mahinda as PM alongside a gazette notification what do they do – pay a visit to the Prime Minister & probably decide on a plot together. The West works in cohesion with foreign media & therefore there should be no surprise in the parroted statements being issued by them – constitutional crisis – impeding violence – return of the dictator – fear for minorities are just some of the emotional buttons they like to press & it is quite obvious that they have directed Ranil & Co to instigate protests which they know can be turned into colured revolutions giving them the needed justification to interfere, reprimand & even take action against the Sri Lankan government. Having viewed their strategies & tactics we can well guess what they are up to. These manipulated games have resulted in the death of an innocent person by a minister of Ranil’s government whose security has shot him & two others are in critical condition.

Given that the foreign envoys & foreign media enjoy commenting on everything & anything why are they silent about the attempted assassination plot on the President of Sri Lanka by allegedly the PM and a Minister. This is a very serious allegation & warrants investigation & arrests. Holding elections were delayed for 3 years – not a hum from foreign media or insistence to hold elections by foreign envoys.

Rampant corruption but not a sound from all those anti-corruption crusaders and now after their man has been removed the foreign envoys asks the new government to abide by the constitution & refrain from violence. The behavior of the Western envoys India & Japan are raise issues related to protocol violations.

US Papers

New York Times: Sri Lanka’s President Suspends Parliament, Escalating Political Crisis” By Dharisha Bastians and Maria Abi-Habib. Incidentally, Dharisha Bastians is the new editor of Sunday Observer! As per the article who is saying the removal of Ranil & replacement of Mahinda is unconstitutional, it is none other than Jayadeva Uyangoda who says The removal of the prime minister is a function of Parliament, unless he resigns.” Incidentally this is the same Uyangoda who called LTTE leader Prabakaran ‘humane’.

https://www.nytimes.com/2018/10/27/world/asia/sri-lanka-political-crisis.html?rref=collection%2Ftimestopic%2FSri%20Lanka&action=click&contentCollection=world&region=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=collection

Washington Post

Sri Lanka veers toward crisis as prime minister dismissed, parliament suspended” By Amantha Perera and Joanna Slater, the article refers to end of the national unity coalition”

The article also states During his tenure, Rajapaksa used brutal force to end the country’s long civil war and faced allegations of corruption and political violence” clearly recycling the same terms used by all media. Obviously as per the foreign envoys & foreign media have completely ignored the corruptions taking place with impunity since January 2015.

UK Papers

Guardian: Sri Lanka faces crisis as two stake claim to be lawful prime minister-Incumbent clings to post as president arranges return of strongman Mahinda Rajapaksa”. Quoting correspondent Dinuka Liyanawatte/Reuters claiming ‘uncertain legal basis’. The reporter is totally incorrect to claim Ranil was still living at Temple Trees, the prime ministerial residence” as he resided at his own residence & not Temple Trees. The article also quotes an usual culprit and contributor to the 2015 regime change – Alan Keenan of the International Crisis Group said the country was in deep turmoil. Even through years of war, Sri Lanka has never had a transfer of power whose legality was questioned,”. The article adds The UK and Australian high commissions have warned their citizens to avoid political gatherings” while the US embassy has asked to follow the constitution.

https://www.theguardian.com/world/2018/oct/27/sri-lanka-political-crisis-mahinda-rajapaksa-prime-minister-sacked

India

NDTV Ousted Sri Lanka PM refuses to vacate official residence”

https://www.ndtv.com/world-news/ousted-sri-lanka-prime-minister-ranil-wickremesinghe-refuses-to-vacate-official-residence-1938755

The Hindustan Times

Sri Lanka’s political turmoil could lead to closer China ties” clearly shows what worries India.

Al Jazeera

Sacked Sri Lanka PM given ‘deadline’ to vacate residence” – ‘As political crisis worsens, president suspends parliament and Wickremesinghe’s opponents threaten to storm residence’ by Rathindra Kuruwita & Zaheena Rasheed. Talk about sensationalism  Political opponents of Sri Lanka’s sacked leader Ranil Wickremesinghe” – only one person, the President of the country sacked RanilW.

https://www.aljazeera.com/news/2018/10/sacked-sri-lanka-pm-deadline-vacate-residence-181027194801529.html

Al Jazeera quotes Friday Forum, a group of prominent public intellectuals, also condemned Sirisena’s actions in a statement, saying they “demonstrate a flagrant disregard of the mandate he received from a majority of voters who … voted for a change of regime from the Rajapaksa style of governance”. Where was this Friday Forum when after a Presidential Election in 2015 the same President that appointed Mahinda Rajapakse as Prime Minister in 2018, appointed Ranil Wickremasinghe as Prime Minsiter without removing the sitting PM D.M. Jayaratne and Ranil had only 46 UNPers in Parliament in 2015. whereas Rajapakse is having 96MPs in 2018. Friday Forum has clearly displayed its bias & lost its credibility by this statement & the lack of any statement in 2015.

The below photo depicts these foreign envoys going to meet former PM at Temple Trees where even two days after being removed from PM post, the former PM remains without leaving.

These are some of the other headlines from news

Sri Lanka President Maithripala Sirisena suspends parliament amid …

Khaleej Times

Former Sri Lanka strongman Mahinda Rajapaksa ‘ousts prime minister …

The Times

Sri Lanka’s president suspends parliament amid deepening crisis

Wiltshire Times

Sri Lanka president suspends parliament amid crisis

The Straits Times

Turmoil in Sri Lanka: Mahinda Rajapaksa’s return poses challenges …

In-Depth-Firstpost

Sri Lanka’s president sacks one-time ally as prime minister

Financial Times

Suddenly we have a set of ‘constitutional experts’ who say the appointment of Mahinda Rajapakse as PM is unconstitutional. Can these experts show any clause in the 19a that says the President CANNOT remove the Prime Minister? There is no such clause. If there was a clause that denies the President from removing the PM then there is a problem but in the light of there being no such clause it is left open to interpretations only.

There next objection is that Mahinda Rajapakse does not have the confidence of Parliament in terms of numbers. If in 2015 the same President could appoint Ranil Wickremasinghe as Prime Minister because he as President thought Ranil had the confidence of the House inspite of having just 46MPs why can’t this same logic apply to Mahinda’s appointment by the same President when Mahinda has at present 96MPs? That argument is also useless.

It is without a doubt that the drafters of the 19a having put forward a decoy as common candidate for the 2015 Presidential Election planned to push the 19a to craftily transfer Presidential powers to the Prime Minister – not any Prime Minister but only Ranil whom they hoped would be in power so that he would do their bidding. What happened on 26^th October 2018 was totally unexpected & something they are unlikely to have a template for!

If Article 3 places inalienable sovereignty with the people isn’t it the people who should decide the term of office for the President the People elect? How come Parliament decided via 19a?

Everyone talking law now has forgotten their silence over the legality of the government that ruled from Jan to August 2015 claiming itself to be a ‘national unity government’ though a promise was given to hold elections after 100 days. Why didn’t the foreign envoys & foreign media not demand why parliament was not dissolved & elections held on 23 April 2015 as promised. Why are they now demanding to reconvene Parliament?

The supposed National Government officially comprised just 2 parties UNP & SLFP and MOU was signed by them only. The issue here is both UNP & SLFP did not contest as single parties – they contested under alliances so how can only these two parties sign MOUs for a National Government? Where were the objections to these illegalities? All of those talking law now were totally silent when rejected candidates were given portfolios 11 of the 29 national seats went to rejected candidates!

All those talking about keeping to the constitution were also silent when the 100 day program was announced on 11 Jan 2015 promising a 25 member cabinet but on 12^th Jan the cabinet became 27 and by 26^th February 2015 there were 45 cabinet, 55 non cabinet which was 18 in January 2015. 19a in April 2015 made the cabinet into 30.!

Why were there no uproars when the slogan of national government was used only to entice 26 SLFP MPs to create a 77-member ‘national’ government and MOU signed on 21 August 2015 to last 2 years. This expired in August 2017. Technically, there is no national government given that the MOU was signed only to last 2 years & there was no new MOU signed thereafter.

Leaving aside the expiry of the MOU in August 2017, the 26MPs of the SLFP left the ‘national government’ thereby automatically ceasing to exist & this was what enabled President Sirisena to appoint Mahinda Rajapakse as Prime Minister legally & constitutionally. The ‘constitutional experts’ now giving their legal opinions on the unconstitutionality of what President Sirisena has done have totally ignored that there is no national government now & with the SLFP MPs walking out of the government that unity government with PM Ranil have no legal validity to exist & this is what gives the President the legal right to appoint whom he feels commands the confidence of Parliament & it does not necessarily mean in numbers as such a numerical requirement is not mentioned in the 19a. In short PM can hold office only until cabinet has powers. SLFP leaving means that cabinet falls apart and PM Ranil has no powers.

Therefore, the foreign envoys & foreign media now in shock as their puppets are now without jobs need to first tell them not to cause violence, to ask their man to leave Temple Trees with dignity & demand action to be taken for the loss of 2 lives innocently killed by a member of Ranil’s government. Contrary to what the West was hoping for the violence that has occurred has been by their own puppets and this should cause another embarrassment to them.

Every minute that Ranil remains in Temple Trees with their MPs causing all sorts of mayhem & chaos it reflects the instructions that are being given to them by their western masters via foreign envoys.

We did not expect the West & their inquisitorial mentality to compromise innocent lives.

Shenali D Waduge

Editorial Courtesy The Island

October 29, 2018, 8:56 pm
Newly appointed Prime Minister Mahinda Rajapaksa assumed duties yesterday morning at the Prime Minister’s Office while recently ousted Premier Ranil Wickremesinghe was occupying Temple Trees in protest against his removal, which he considers unconstitutional. It looks as if the UNP were occupying the wrong place in that what really matters is the Prime Minister’s Office and not Temple Trees as such. (We hope that we will not be accused of giving the UNP ideas!)

Opinion is divided on the constitutionality of Rajapaksa’s appointment as PM. The two sides to the dispute are peddling persuasive legal arguments. But neither of them can be expected to tell the public the truth because both of them are furthering the interests of the political parties they represent. Facts are being twisted and the Constitutional provisions given different interpretations.

All professions are conspiracies against the laity, as Bernard Shaw has famously said. The black-coated fraternity is the worst when it comes to deceiving the hapless public. We have many lawyers arguing for or against the recent change of government ad nauseam. People may buy into these arguments, depending on their political convictions.

There is no use making addresses to the jury of sorts on the current situation for the consumption of the public. The discerning people who are not blinded by political biases will not accept lawyers’ arguments. If they are to be convinced, the legal bigwigs, representing the two sides, will have to take their dispute to courts and get a ruling. Only the apex court is empowered to interpret the Constitution officially.

Meanwhile, some members of the international community have expressed their concern over the political situation here. They want the constitutional process followed and democracy safeguarded. Their statements will, no doubt, be a solace to the aggrieved party. But the question is how genuine their concerns about Sri Lankan democracy are. How many of them helped protect democracy here when it was threatened by terrorism? Didn’t they pressure Sri Lanka to give parity of status to the LTTE, which claimed to be the sole representative of Tamils though it did not have representation even in a local government body? They did not allow Tamil political parties to take part in ‘peace talks’ and tied the implementation of an aid pledge (USD 4.5 billion) to the progress to be made in negotiations with the Tigers. Where was their concern for democracy then? Sri Lanka saved its democracy from terrorism in spite of them.

President Maithripala Sirisena has crossed the Rubicon rightly or wrongly. However, it is certainly not curtains for the beleaguered Grand Old Party, which is no stranger to crises. It can open two escape routes—via Hulftsdorp and Sri Jayewardenepura.

The UPFA government is like a premature baby; it is still in the incubator of parliamentary prorogation. Its survival depends on the numbers game to be played in Parliament. Ironically, the Joint Opposition/Sri Lanka Podujana Peramuna combine used to flay the UNP-led government for postponing elections to avoid defeat, and now it is delaying parliamentary sittings in a desperate bid to raise the required numbers and consolidate its power. Thirst for power always takes precedence over moral scruples in politics.

Whether President Sirisena acted within the confines of the Constitution in appointing the new PM may be debatable, but he is empowered to prorogue Parliament. It is highly unlikely that he will revoke the prorogation. Why his critics do not move the courts against Rajapaksa’s appointment is the question.

One can only hope that the UPFA and the UNP will act responsibly, without losing sight of the dark clouds of anarchic turmoil forming on the horizon.

By Neville Ladduwahetty Courtesy The Island

October 29, 2018, 8:57 pm
This is in response to comments that the removal of Ranil Wickremesinghe as Prime minister is unconstitutional. The justification for this claim is that since the UNP with 106 members has the majority in Parliament, he as leader of the UNP commands the “confidence of Parliament”, as stated in Article 42 (4) of the 19th Amendment. The identical wording relating to the appointment of a Prime Minister is contained in Article 43 (3) of the 1978 Constitution.

The irony is that Article 42 (4) is also stated as the basis for his removal in the letter forwarded to him. Therefore, since Article 42 (4) or Article 43 (3) cannot be the basis for his removal and also be the basis for him to remain as Prime Minister there is a need to examine and interpret Article 42 (4) in its full scope.

Article 42 (4) states: “The President shall appoint as Prime Minister the member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament”.

It is crystal clear that it is the “President’s opinion” that decides his choice. This overrides the issue of the person “likely to command the confidence of Parliament” on grounds of a majority in Parliament, even after the so called “Unity government” ceased to exist following the withdrawal of the UPFA from the government.

The reason for the primacy of the “President’s opinion” over the majority in Parliament or any other, is the fact that Sri Lanka’s Constitution is based on a Presidential system and not on a Parliamentary system. In Sri Lanka’s Constitution, Article 4 (b) states: “The executive powers of the People including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People”.

ArtIcle 30 (1) of the 19th Amendment states: “There shall be a President of the Republic of Sri Lanka who is the Head of State, Head of the Executive and of the Government ….”

Furthermore, as per Article 42 (1) the Cabinet of Ministers shall be “charged with the direction and control of the Government”, and as per Article 42 (3) the President shall be “the Head of the Cabinet of Ministers”.

Therefore, in view of the Articles cited above and taking its contents individually and collectively it is abundantly clear that a President, elected by the People as the Head of the Executive and the Cabinet of Ministers who are collectively responsible to Parliament for the “direction and control of the Government”, has to have as a Prime Minister a person who in the President’s opinion would support him to guide the “direction and control of the Government”, rather than having a person whose ideology is at variance with that of the President; a fact that was reported to have been building up and which culminated at a recent Cabinet meetings. If the primary basis for appointing as the Prime Minister is the person who has the largest numerical majority in Parliament but who is ideologically different, it would be a fetter to the direction and control of the government. It is for this reason that the opinion of the President matters more than numerical majorities, particularly in instances where coalition governments are made up of ideologically disparate political parties.

This fact is starkly evident in US politics whenever the President is from one party and the majority in Congress is from another. Similar situations could arise in Sri Lanka too. Fortunately, in the case of Sri Lanka the Constitution provides for the President to exercise his prerogative in regard to his “opinion” in appointing the Prime Minister. This permits the Executive powers of the People to be exercised through the President, free of constraints of the Legislative Branch as in the US when circumstances arise. Therefore, even if the Executive under the President does not have a majority in Parliament all it could affect the passage of Legislation. Aside from this disadvantage, Executive activities could continue unabated as it does when a Provincial Council is dissolved, and the Executive functions of the People are exercised by the Governor. Therefore, there is nothing unconstitutional in whether the political party under an Executive President has a majority in Parliament or not. This is an inherent feature of the Separation of Powers. However, it should not be overlooked that although a majority in Parliament is not a constitutional necessity, it is needed to prevent a rejection of “Government Policy, or the Appropriations Bill or to pass a vote of no-confidence in the government” (Article 48 (2). Therefore, while the lack of a majority does not amount to a violation of the Constitution, a majority in Parliament becomes a matter for political survival.

In contrast, under a Parliamentary system there is no choice other than for the leader of the political party with the largest majority to be accepted as the Prime Minister, and as such, become the Head of the Cabinet of Ministers and the Government. Therefore, the claim that the measure adopted by the President in appointing former President Mahinda Rajapaksa as the Prime Minister being unconstitutional, has no basis whatsoever in the presidential system.

Courtesy NewsIn.Asia

Colombo, October 28 (newsin.asia): Resolutely defending his decision to sack Ranil Wickremesinghe from the Premiership Sri Lankan President Maithripala Sirisena said on Sunday, that the former Prime Minister’s political conduct was uncivilized.

In an address to the nation on the circumstances which led him to dismiss Wickremesinghe and appoint in his place former President Mahinda Rajapaksa on Friday, Sirisena said that Wickremesinghe and his group of closest friends, who belonged to a privileged class and did not understand the pulse of the people, conducted themselves as if shaping the future of the country was a fun game they played.”

Sirisena went on to say that Wickremesinghe’s political conduct was unbecoming of civilized politics.”

Once in the government, Mr Wickremesinghe arrogantly and stubbornly avoided collective decisions, and tended to take individual decisions. This behavior led to many conflicts.”

His efforts to correct Wickremesinghe had borne no fruit ,the President said.

When many senior leaders were around, I have suggested to him to work together and work collectively. I suggested to him that we should take our decisions after proper discussion to achieve the goals of good governance. However, he ignored the aspirations of over six million people.”

Central Bank Robbery”

Referring to the multi-million dollar Central Bank fraud and the fleeing of bank’s Governor Arjuna Mahendran, from the country, Sirisena said: The robbery of the Central Bank dragged our country into a deep crisis. As you know, we had not heard about such a big fraud of public finances in the history of Sri Lanka.”

The Central Bank robbery was an abortion of the pledge of good governance we had given to the people to eliminate corruption and fraud.”

About Wickremesinghe’s handling of the bank fraud, Sirisena said: At that time, Mr Wickremesinghe behaved very impatiently and restlessly. When I decided to visit the Central Bank and meet the staff of the Bank, I remember, he suddenly came to my residence and asked me: ‘The Central Bank belongs to me, why do you want to go there?” At that moment, I told him, It is true that it has been gazetted under your purview, but as the President of the country, I have the right to visit that place.”

Then, I appointed a commission to investigate into the Central Bank issue in response to people’s demand. When the Commission was carrying on the investigations independently, leaders of the UNP started pointing fingers at me. They asked why I appointed this commission.”

I wish to reiterate here that Mr Ranil Wickremesinghe must take the responsibility to bring Mr Arjuna Mahendran to Sri Lanka and produce him before courts. That is because, as everybody knows, Mr Arjuna Mahendran is a very close friend of Mr Ranil Wickremesinghe.”

Assassination Plot

Detailing the circumstances that led to the sudden appointment of Mahinda Rajapaksa as Prime Minister, the President referred to the alleged plot to assassinate him and the way Wickremesinghe handled that case.

Recently, a person called Namal Kumara came before the media and disclosed about a plot to assassinate me and Mr Gotabhaya Rajapaksa (former Defence Secretary). I handed over the task of investigations to Criminal Investigations Department. However, the Inspector General of Police did not assign the investigations to CID. Instead, it was given to another division. Then I realized that there was an issue of trust about the investigations.”

Within 48 hours of the disclosure made to the media by the person called Namal Kumara and investigations could be commenced on the plot, Inspector General of Police made a statement stating that there was a doubt about the voices in the tape recording provided by that person.”

I would like to raise the question, with respect, is it suitable for a Police chief to behave in such a shameless manner and express doubts about the recording, without seeking any technical expert advice on the tape recording, when there was a revelation that a plot was hatched to assassinate the President of the country?” Sirisena asked.

The reports provided by the CID and other investigating authorities including the Intelligence Bureau showed that this is a very serious matter. In this plot, there is a wide range of information which has not been disclosed to the public,” the President added.

Cabinet Minister Involved in Plot

In a shocking revelation, Sirisena said: There is also an involvement of a Cabinet Minister in this plot to assassinate me.”

Furthermore, there have been tremendous pressure on investigations. There were instances of some responsible officers of the Attorney General’s Department evading the investigation duties.”

Bribery and Corruption

Sirisena accused Wickremesinghe of blocking efforts to rein in bribery and corruption which were rampant.

Legal experts, Attorney-General’s Department, the members of the Commission on Bribery or Corruption and those who made investigations informed me earlier this year that it would take at least 15 years to punish the perpetrators of Central Bank Bond robbery under the existing laws in the country.”

The Commission on Bribery or Corruption and Attorney-General’s Department recommended to make some amendments to the Commission Act, so that the guilty persons could be sentenced within one year and recover the huge amount of money they had stolen.”

Accordingly, we drafted the amendments to the Act at the Presidential Secretariat and sent to the Parliament six months ago.”

However, the amendment was not submitted for five months. It got buried in the Office of the Leader of House. I made serious inquiries into this. I asked the officials of the Commission on Bribery or Corruption. I asked the officers in the Attorney-General’s Department.”

Finally, the Amendment Bill to Act on Commission on Bribery or Corruption was presented to Parliament. But I am sad to say that the Parliament postponed the approval of the Amendments Act indefinitely. Why was it deferred? For whose benefit? Due to pressure from whom?, ” Sirisena asked.

It would take 15 to 20 years to mete out punishment to the guilty persons. That is why the Amendments Act was postponed indefinitely,” he explained.

Fraudulent Deals

Referring to fraudulent deals, the President said that EAP company was given to a foreigner fraudulently without calling for tenders. There will be a thorough investigation on this in near future, ” he added.

Many valuable assets were given to foreigners without tenders. Construction awards were also given without tenders. The emergency cabinet papers were presented to award such tenders and massive construction awards were given despite objections at the cabinet.”

One such example is the Kandy Highway project. Another is the Land Ordinance Special Act, which was presented to Cabinet last week,” the President said.

Plot To Alienate Land To Foreigners

About the cabinet paper on the setting up of a land bank, the President said that it would have resulted in land going into the hands of foreigners easily.

I lodged strong protests and postponed those cabinet papers. Majority of Cabinet Ministers were against these proposals. If the last week’s Land Ordinance Special Act was passed by the Cabinet and then by the Parliament, all the lands of our Motherland could be bought outright by foreigners without any difficulty.”

This bill presented under the political and economic vision of Mr Ranil Wickremesinghe would adversely affect the land rights of the country must be totally blocked by us,” Sirisena said.

Economic Mismanagement

The President said that  the committee set up by  Wickremesinghe to manage the economy was totally fraudulent.

‘The decisions taken by that committee were fraudulent. It was a major challenge to abolish it. As an alternative to that committee, I have established the National Economic Council. Mr Ranil Wickremesinghe has taken everything possible to weaken that Commission.”

Mr Wickremesinghe took steps to prevent the Commission from functioning. I clearly state that this crisis situation has emerged due to Mr Wickremesinghe’s stubborn decisions,” the President said.

Dismissal Fully Constitutional

Sirisena asserted that the way in which Wickremesinghe was sacked and Rajapaksa was installed, was entirely constitutional.

Wickremesinghe and the UNP complain that the establishment of a new government and appointment of Mr Mahinda Rajapaksa as Prime Minister was contradictory to the provisions of the Constitution of Sri Lanka.

But I categorically state that the appointments were made totally in accordance with the Constitution and the on advice of legal experts. No constitutional violation was done when appointments were made and removal was enacted. With all respect, I completely reject the charge that what was done was a violation of the Constitution,” Sirisena asserted.

Invitation to  MPs to Join Govt.  

In conclusion, the President appealed to UNP members and the Buddhist clergy to support the new government headed by him and Rajapaksa.  

I extend an open invitation to all 225 honourable Members of parliament to join the new government. I do this with the pure intention of taking the country out of the present political crisis and economic problems,” he said.

END

Courtesy NewsIn.Asia

President Maithripala Sirisena, by convention, continues to be Defense Minister. Prime Minister Mahinda Rajapaksa takes the Ministry of Finance and Economic Affairs; Nimal Siripala de Silva is Minister of Transport and Civil Aviation;  Mahinda Samarasinghe is Minister of Ports and Shipping.

Mahinda Amaraweera is Minister of Agriculture. Ranjith Siyambalapitiya is Minister of Power and Renewable Energy; Dr. Wijeyadasa Rajapakshe is Minister of Education and Higher Education. Wijith Wijayamuni Zoysa becomes Minister of Fisheries & Aquatic Resources Development and Rural Economic Affairs.

Faiszer Musthapha is Minister of Provincial Councils, Local Government, and Sports; Douglas Devananda is Minister of Resettlement, Rehabilitation, Northern Development, & Hindu Religious Affairs; Arumugam Thondaman is Minister of Hill Country New Villages, Infrastructure and Community Development. Vasantha Senanayake is Minister of  Tourism and Wildlife.

Changes in the portfolios as compared with the previous government are marginal.

Only one State Minister was announced on Friday. Suresh Vadivel becomes State Minister of Plantation Industries. Suresh Vadivel is a defector from the Wickremesinghe;s United National Party (UNP).  The lone Deputy Minister is Ananda Aluthgamage, a defector from UNP. He will handle the Ministry of Tourism and Wildlife.

Suresh Vadivel and Arumugam Tondaman were also not in previous council of ministers.

Cabinet minister Arumugam Thondaman is from the Ceylon Workers’ Congress, a party of Indian Origin Tamil plantation workers. Douglas Devananda is from the Tamil-speaking Jaffna district of North Sri Lanka and represents the Eelam Peoples’ Democratic Front (EPDP). Suresh Vadivel is from Badulla ,a plantation district.  All three are Tamils but barring Devananda, who is the only Sri Lankan Tamil, others are of Indian origin.

Sirisena Faction Dominates First Lot

Except for the two defectors from the United National Front (UNF) led by Wickremesinghe, all the cabinet and junior ministers announced on Monday are from the Sirisena faction of the United Peoples’ Freedom Alliance (UPFA).

The cabinet as well as list of junior ministers will go up later this week, as MPs from the Rajapaksa faction of the UPFA and the Joint Opposition will have to be accommodated.

Cap Placed by 19 th.Amendment

On Monday only 12 cabinet ministers, one State Minister and a single Deputy Minister were appointed. But as per the 19 th.Amendment of the constitution, enacted in 2015,  the number of cabinet ministers could be up to thirty and the number of State and Deputy Ministers could be up to 40.

Therefore, many berths are vacant and these are expected to be allotted to members of the Rajapaksa-ed UPFA faction and defectors from Wickremesinghe’s UNF.

(The featured image at the top shows Sri Lanka’s new Foreign Minister,Dr.Sarath Amunugama)

Courtesy NewsIn.Asia

Beijing, October 29 (newsin.asia):  China on Monday said the changes in Sri Lanka are its internal affairs and it believes that the Sri Lankan government, political parties and people have enough wisdom to deal with the internal situation.

හබරකඩ – එස්. ප්‍රියලාල් / බොරලැස්ගමුව නිඳුවර අබේසිංහ උපුටාගැණීම  මව්බිම

මහින්ද රාජපක්ෂ අගමැතිතුමා වටා අපි එකතු වෙන්න ඕනේ. අපි අපේ ජනබලය පෙන්විය යුතුයි. නීතියට මුවාවෙලා එක්සත් ජාතික පක්ෂය තවදුරටත් බලයේ ඉන්න සූදානම් වෙන්න පුළුවන්. විවිධ බලවේග විශාල වශයෙන් මුදල් විසිකරන්න පුළුවන්. ඒ සියල්ල පරාජයට
පත්කරන්න සූදානම් විය යුතු යැයි
ආරක්ෂක අමාත්‍යංශයේ හිටපු ලේකම් ගෝඨාභය රාජපක්ෂ මහතා පෙරේදා (27දා) පන්නිපිටිය, ඇරැව්වලදී පැවැසීය.

ගෝඨාභය රාජපක්ෂ මහතා මෙසේ අදහස් පළ කළේ පන්නිපිටිය, ඇරැව්වල විජයසිරිවර්ධනාරාම විහාරස්ථානයේ ක්‍රීඩා පිටියේ පැවැති “එළිය” සම්මන්ත්‍රණයට සහභාගි වූ අවස්ථාවේදීය.

එහිදී වැඩිදුරටත් අදහස් දැක්වූ ගෝඨාභය රාජපක්ෂ මහතා මෙසේද කීය,
මහින්ද රාජපක්ෂ මැතිතුමා අග්‍රාමාත්‍ය ධුරයේ දිවුරුම් දීම නීත්‍යනුකුල බවත් ව්‍යවස්ථාවට එකඟ බවත්
නීතිඥයන් විසින් පැහැදිලි කළා. නමුත් බලයට ආපු දවසේ ඉඳලා හොරකම් කරපු දේශපාලන විරුද්ධවාදීන්ගෙන් පළිගත්තු අසරණ මිනිස්සු හිරේ දාපු, රණවිරුවන් කිසිම හේතුවක් නැතුව හිරගෙවල්වල දාපු, මේ රටේ බුද්ධි අංශ නිලධාරීන් සිරගත කරපු ආණ්ඩුව ඔවුන්ගේ බලය අතහරින්න බියේ දිගින් දිගටම කෑ ගහනවා.

මහින්ද සුළඟ, මැයි දින පෙළපාළිය නුවර ඉඳලා කොළඹට ආ පා ගමන තුළින් ජනතාව ජනාධිපතිතුමාගෙන් ඉල්ලා සිටියේ මේ ආණ්ඩුව පෙරළලා මහින්ද රාජපක්ෂ මැතිතුමා අගමැති කරලා ආණ්ඩුවක් බිහිකරන්න කියලා. ඒ වගේම මේ රටේ බිහිවුණු ළාබලතම දේශපාලන පක්ෂය වන ශ්‍රී ලංකා පොදුජන පෙරමුණ ඉදිරිපත් වුණු පළමුවැනි ඡන්දෙන්ම ඓතිහාසික ජයග්‍රහණයක් ලබාගත්තා. ඒ විශාල ජයග්‍රහණයෙනුත් ජනතාව දුන් පණිවුඩය තමයි රට වැටිලා තියෙන ඛේදවාචකයෙන් බේරගන්න කියලා.

ජනතාව බලාපොරොත්තු වුණෙත් අපි බලාපොරොත්තු වුණෙත් මැතිවරණයක් හරහා අපිට මේ ආණ්ඩුව පෙරළන්න පුළුවන් වෙයි කියලා. නමුත් ප්‍රජාතන්ත්‍ර විරෝධී 19 වැනි ව්‍යවස්ථා සංශෝධනය ගෙනත් අවුරුදු හතරහමාරක් බලයේ ඉන්න සූදානම් වුණේ. නමුත් මෛත්‍රිපාල සිරිසේන ජනාධිපතිතුමා අවුරුදු තුනහමාරක් බලාගෙන සිටියා මේ ආණ්ඩුව මේ රටේ සංවර්ධනය අඩාල කිරීම, ආර්ථික කඩාවැටීම, රටේ ස්වෛරී භාවය, රටේ ඒකීය භාවය නැතිකරන්නට ගෙන ආ ඒ නව ව්‍යවස්ථා ප්‍රයත්න, රණවිරු දඩයම වගේ රටට ඔබින්නේ නැති ක්‍රියාවලින් රට එන්න එන්නම අගාධයට යන දිහා බලාගෙන ඉඳලා එතුමා ඥානාන්විත තීරණයක් ගත්තා. මහින්ද රාජපක්ෂ හිටපු ජනාධිපතිතුමාට ආණ්ඩුවක් පිහිටුවන්නට අවස්ථාව ලබාදීලා එතුමා මේ රටේ අගමැති වශයෙන් පත්කළා. අපිට තවමත් අමතක කරන්න බෑ. මහින්ද රාජපක්ෂ ආණ්ඩුව පෙරළන්න මුල්වනු සියලුම බලවේග අද තවමත් ඒ ආකාරයෙන්ම තියෙනවා. ඒ බලවේගවල ක්‍රියාවන් නවත්වාවි කියලා අපිට හිතන්න බෑ. ඒ නිසා මේ බලවේග විසින් අපි ලබාගත්තු මේ ජයග්‍රහණය නැවත උදුරා ගැනීම වැළැක්වීම මේ රටේ ජනතාවගේ වගකීමක්.

මානව හිමිකම් ගැන ඉහළ මට්ටමින් කථාකරන නිදහස ගැන කතා කරන මිනිසුන්ගේ නිදහස ගැන කතාකරන ඒ පුද්ගලයෝ මොනතරම් නින්දිත අයුරින් ජනාධිපතිවරයාට ආමන්ත්‍රණය කළාද කියලා ජනතාව දැක්කා. ඔවුන්ගේ දේශපාලන වෛරී ගමන එයින්ම පැහැදිලි වෙනවා. මේ රටට නිදහස ගෙනාපු රටේ සෑම පුද්ගලයෙක්ම ආදරය කරන මහින්ද රාජපක්ෂ මැතිතුමාට මොතරම් වෛරයකින් කතා කළාද කියලා ජනතාව දන්නවා. නීතිය කියන්නේ ජනතාවගේ අවශ්‍යතාව, ව්‍යවස්ථාව කියන්නේ ජනතාවගේ බලය. ඒ ජනතා බලයට විරුද්ධව කාටවත් යන්න පුළුවන් කමක් නැහැ. මේ ජනතා බලයත් එක්ක ලබාපු මේ විජයග්‍රහණය අපි ආරක්ෂා කළ යුතුයි.

අපි සෑම දෙනාගේම වගකීම මේ රටේ ආර්ථික අතින් සංවර්ධනය අතින් ආරක්ෂාව අතින් සෑම අතින්ම වැටිලා තිබුණු තැනින් ගොඩගැනීම අපේ වගකීම සහ යුතුකම වෙනවා. විජාතික බලවේග මේ රටේ ජනතාවගෙන් කොටසක් මුළාකරලා එදා තිබුණු ආණ්ඩුව පරාජය කරලා ඒ පරාජය හේතුවෙන් මේ රට සෑම අතින්ම කඩා වැටුණා. ආණ්ඩුව එළවන්නේ කොයි වෙලාවේද කියලා බල බලා හිටියේ.

මහින්ද රාජපක්ෂ මැතිතුමා අගමැතිවෙලා අපිට ඉක්මනින් මැතිවරණයක් අවශ්‍යයි කියලා ඒ මැතිවරණයේදී අපට ජනතා බලවේගයක් එක්ක ජයග්‍රහණයක් ලැබිය යුතුයි. ඒ අනුව අපිට ජනතාවගේ නියම ආණ්ඩුවක් බිහිකරන්න පුළුවන්. මේ රටේ ජනතාවට පැවැති ආණ්ඩුව ගෙනාපු දුක් කරදර අවසන් කරලා එදා ගෙනාපු සංවර්ධනය එදා අපි ගෙනාපු ආර්ථිකය නැවත ලබාගැනීමට සියලු දෙනාම එකතුවෙන්න ඕනේ.

එහිදී අදහස් දැක්වූ මැදගොඩ අභයතිස්ස හිමියන්,
මහින්ද රාජපක්ෂයන් අගමැති පුටුවේ වාඩි කිරීම හරහා රට ගලවා ගැනීමේ අරමුණයි අපි ක්‍රියාත්මක කළේ. පුද්ගලයන් මාරුකිරීම පක්ෂ දිනවීම අපිට අදාළ කටයුත්තක් නෙමෙයි. අපිට අවශ්‍ය රට දිනවන්න. රටේ බෙදුම්වාදය වෙනුවෙන් පෙනී සිටින රටේ සංවර්ධනය වෙනුවෙන් පෙනී සිටින රටේ සංස්කෘතිය වෙනුවෙන් පෙනී සිටින ඕනෑම නායකයෙක් සමඟ මහා සංඝරත්නය ඉන්නවා.

උපුටාගැණීම  මව්බිම

රනිල් වික්‍රමසිංහ මහතා ප්‍රජාතන්ත්‍රවාදය ගැන කතා කරනවා නම් ඔහු කළ යුත්තේ ඔහුගේ අසාර්ථකත්වය පිළිගෙන අග්‍රාමාත්‍ය ධුරයෙන් පමණක් නොව එක්සත් ජාතික පක්ෂ නායකත්වයෙන්ද වහාම ඉල්ලා අස්වීම බව යුතුකම සංවාද කවයේ සභාපති ගෙවිඳු කුමාරතුංග පැවැසුවේය.

මහින්ද රාජපක්ෂ මහතාට අගමැති ධුරය ලබා දීමට මෛත්‍රිපාල සිරිසේන ජනාධිපතිවරයා ගත් තීරණය ඉතාමත් නිවැරැදි සහ නිර්භීත තීරණයක් බවද ඔහු පැවැසුවේය.
ඊයේ (28දා) තුම්මුල්ල පිහිටි ශ්‍රී සම්බුද්ධත්ව ජයන්ති මන්දිරයේදී පැවැත්වූ මාධ්‍ය හමුවකට එක්වෙමින් ඔහු මේ බව සඳහන් කෙළේය.
එහිදී ගෙවිඳු කුමාරතුංග මහතා මෙසේද පැවැසීය.

මෛත්‍රිපාල සිරිසේන මහතා ගත්ත මේ තීරණය වගේම එක්සත් ජනතා නිදහස් සන්ධානය ජාතික ආණ්ඩුවෙන් ඉවත් වීමට ගත්ත තීරණයත් ජනාධිපතිගේ ආරාධනය පරිදි මහින්ද රාජපක්ෂ මහතා අගමැති ධුරය භාර ගැනීමට ගත් තීරණයත් අපි දකින්නේ ඉතාමත් නිර්භීත නිවැරැදි තීන්දු විදියටයි.

මේ ක්‍රියාවලිය ව්‍යවස්ථා විරෝධී කියලා රනිල් වික්‍රමසිංහ ඇතුළු එක්සත් ජාතික පෙරමුණේ අය කියනවා. ඒ වගේම යුරෝපා සංගමය, ඇමෙරිකා එක්සත් ජනපදය ඇතුළු තානාපති කාර්යාල සහ මහ කොමසාරිස්වරුන් ඇතුළු සියලු පාර්ශ්වවලින් ඉල්ලනවාව්‍යවස්ථාවට අනුව කටයුතු කරන්න කියලා. ඒ වගේම රාජ්‍ය නොවන සංවිධානවල නියෝජිතයනුත් මේ ක්‍රියාවලිය ව්‍යවස්ථා විරෝධී කියලා කියනවා.

මේ පැවැතුණු යහපාලන ආණ්ඩුව ගැන රනිල් වික්‍රමසිංහ මහතාම විග්‍රහ කළේ ඔවුන්ට ලැබුණු ජනවරම ප්‍රධාන දේශපාලන පක්ෂ දෙක එකතුව පවත්වාගෙන යන සම්මුතිවාදී ආණ්ඩුවක් කියලා. මේ තර්කය තුළ තමයි ඔවුන් කැබිනට් ඇමැතිවරුන් වැඩි කරගනිමින් ජාතික ආණ්ඩුවක් කියලා අර්ථකථනය කරගනිමින් කටයුතු කළේ. එහෙම තියෙද්දී එක්සත් ජනතා නිදහස් සන්ධානය ලිඛිතවම දැනුම් දෙනවා නම් ජාතික ආණ්ඩුවෙන් ඉවත් වෙනවා කියලා. එතැනින් පස්සේ මේ යහපාලන ආණ්ඩුවට ජනවරමක් නැහැ. ඒ වගේම ජනාධිපතිවරයාම තීරණය කරනවා නම් රනිල් වික්‍රමසිංහ මහතා සමඟ කටයුතු කළ නොහැකියි කියලා තවදුරටත් සම්මුතිවාදී ආණ්ඩුවක් පැවැතීමේ අවස්ථාවක් නැහැ.

19 වැනි සංශෝධනයේ තියෙන අග්‍රාමාත්‍යවරයාගේ තනතුර අහෝසි වන එක් අවස්ථාවක් තමයි කැබිනට් මණ්ඩලය විසිරුවා හරින අවස්ථාව. ඒ නිසා ව්‍යවස්ථානුකූලව බැලුවත්, දේශපාලනික වශයෙන් බැලුවත්, සදාචාරය පැත්තෙන් බැලුවත්, ඒ මොහොතේම රනිල් වික්‍රමසිංහ මහතා තමන්ගේ අසාර්ථකත්වය පිළිඅරගෙන ඉල්ලා අස්විය යුතුයි.

ඔහුගේ විජාතික බලවේග වුවමනාව මත ක්‍රියාත්මකකරන්න හදපු දේශපාලන ප්‍රයත්නය මේ වෙනකොට පරාජයට පත්වෙලා ඉවරයි. ජනතාවත් එය ප්‍රතික්ෂේප කරලා ඉවරයි.

රනිල් වික්‍රමසිංහ මහතා ප්‍රජාතන්ත්‍රවාදය ගැන කතා කරනවා නම් ඔහු කළ යුතු වන්නේ වහාම අග්‍රාමාත්‍ය ධුරයෙන් පමණක් නෙවෙයි එක්සත් ජාතික පක්ෂ නායකත්වයෙනුත් ඉල්ලා අස්වීමයි.

මේ රටේ තානාපති කාර්යාල, වෙනත් එන්.ජී.ඕ. සංවිධාන, යහපාලනය ගැන කතා කරන ප්‍රතිපත්තිමය දේශපාලනය ගැන කතා කරන අය විසින් පිළිගත යුතුයි මේ ශ්‍රී ලංකාදීපය තුළ ඔවුන්ගේ ව්‍යාපෘතිය අද වෙනකොට සම්පූර්ණයෙන්ම පරාජයට පත් වෙලා ඉවරයි කියන කාරණය. ඔවුන් කුමන්ත්‍රණකාරී ලෙස උත්සාහ කළේ එජාපය සහ ශ්‍රී ලනිපය හදාගත්ත ආණ්ඩුව ගෙනියන්න. එය අද වෙනකොට අසාර්ථක වෙලා ඉවරයි. ජනමතයට ගරු කරනවා නම් පරාජය පිළි අරගෙන කටයුතු කරන්න කියලා අපි ඔවුන්ට කියනවා.

ඔවුන් මේ රටේ ජනතාව මත විශ්වාසය නොතබා විදේශීය බලවේග, විදේශ තානාපති කාර්යාල, විජාතිකත්වයේ වුවමනාවන් මත ඔවුන්ගෙන් පඩි ලබන කුලීකාරයන් බවට ගත කරපු දේශපාලනයෙන් ඉවත් වෙලා මවුබිමට සේවය කරන දේශපාලනයක් සිදුකරනවා නම් හොඳයි කියලා අපි කියනවා.

දැන් සමහර අය ජනමතය ගැනත් ප්‍රශ්න කරනවා.

පසුගියදා පැවැති පළාත් පාලන මැතිවරණයෙන් මුළුරටට දැනගත්තා මහින්ද රාජපක්ෂ මහතාට ලැබුණු ජනවරමත් එක්ක ඔහුට මේ රටේ අනාගතය භාරදිය කළ යුතුයි කියලා. ඒක රටක් විදියට පිළිගත්තා. එදා සියට පනහ ඉක්මවා ගිය අති දැවැන්ත කැමැත්තක් මහින්ද රාජපක්ෂ මහතාට සහ මෛත්‍රිපාල සිරිසේන මහතාට හිමිවුණා.
මෛත්‍රිපාල සිරිසේන මහතා මේ යමින් තිබුණු රටට වුණු විනාශකාරී ගමන නතර කරලා. රටට අලුත් ආරම්භයක් ලබා දීමට මෙලෙස කටයුතු කිරීම අපි ඉතා අගය කරනවා.

උදයන්ති මුණසිංහ

නුවන් හෙට්ටිආරච්චි උපුටාගැණීම  මව්බිම

නව අගමැති මහින්ද රාජපක්ෂ මහතාට බොරු චෝදනා කරමින් රනිල් වික්‍රමසිංහ මහතා මේ වන විට රාජ්‍ය දේපළ අවභාවිත කරමින් සිටින බවත්, තවදුරටත් එසේ සිදු කරමින් අරලියගහ මන්දිරයෙන් ඉවත්ව නොයන්නේ නම් නීතිය භාවිත කරමින් රනිල් වික්‍රමසිංහ පන්නා දැමීමට කටයුතු කරන බව සත්‍ය ගවේෂකයෝ සංවිධානයේ කැඳවුම්කරු ප්‍රේම්නාත් සී. ‍ෙදාලවත්ත ‘මව්බිම’ට පවසයි.

ආමාත්‍යවරු හා සියලු පාර්ලිමේන්තු මන්ත්‍රිවරු රජය මඟින් ලබාදී ඇති සියලුම වාහන තම අමාත්‍යාංශවලට ලබා දිය යුතු බව සඳහන් කරන අතර එසේ නොකරන්නේ නම් රජයේ දේපළ අවභාවිත කිරීම යටතේ නීතිය ඉදිරියට පැමිණවිය හැකි බවය.

මේ වන විටත් හිටපු අග්‍රාමාත්‍ය වත්මන් පාර්ලිමේන්තු මන්ත්‍රි රනිල්වික්‍රමසිංහ මහතාට සියලු වරප්‍රසාද අහිමිව ඇති බවත් වහාම අරලියගහ මන්දිරය අතහැර යෑම සුදුසුම ක්‍රමය බවත් හෙතෙම පවසයි.

එසේ සිදු නොකරන්නේ නම් ඊට ගත හැකි නීතිමය පියවරක් ගැනීමට පසුබට නොවන බවත් මහින්ද රාජපක්ෂ මහතා ව්‍යවස්ථානුකූලව පත්වූ නව අග්‍රාමාත්‍යවරයා බවත් එම පත්වීම සම්බන්ධයෙන් කිසිදු නීති විරෝධීභාවයක් නොමැති බවත් වැඩිදුරටත් පැවැසීය.

දෙනගම ධම්මික රණවීර උපුටාගැණීම  මව්බිම

නව අගමැතිවරයකු පත් කළේ දේශපාලන අර්බුදයකට විසඳුමක් ලෙස බැවින් එහි ව්‍යවස්ථා අර්බුදයක් නැති නිසා රනිල් වික්‍රමසිංහ හිටපු අගමැතිතුමා තානාපතිවරුන් කැඳවා ලෝකය ඉදිරියේ ජෝකර්වරයකු ලෙස හැසිරීම නොකළ යුතු බව එක්සත් ජනතා නිදහස් සන්ධානයේ පාර්ලිමේන්තු මන්ත්‍රි නීතිඥ ඩිලාන් පෙරේරා පැවැසීය.
ඔහු එසේ සඳහන් කළේ ඊයේ (28දා) පුංචි බොරැල්ලේදී පැවැත්වූ මාධ්‍ය හමුවකට සහභාගි වෙමින්ය.

“නිදහසේ මාධ්‍ය කේන්ද්‍රය” සංවිධානය කළ එම මාධ්‍ය හමුවේදී හෙතෙම වැඩිදුරටත් මෙසේද පැවැසීය.

සැබෑම මෛත්‍රි යුගය ඇරඹෙන්නේ දැනුයි. වෛරී දේශපාලනය අවසන් කළ යුතුයි. අපි හදන්නේ භාරකාර නොවෙයි කාර්යභාර ආණ්ඩුවක්. පරණ වැරැදි නිවැරැදි කරන ආණ්ඩුවක් හදන්න තමයි අපේ වුවමනාව. ඒකෙන් තොර ආණ්ඩුවකට මේ නව ආණ්ඩුවම කපුකම් කළා. එස්.බී., තිලංග, ලක්ෂ්මන්, වසන්ත හා මම ඉඩ තියන්නේ නැහැ.
මහ මැතිවරණයකට යන්න නම් පාර්ලිමේන්තුවේ 2/3ක බලයකින් එම යෝජනාව සම්මත විය යුතුයි.

අධිකරණ ක්‍රියාමාර්ග පසුගිය කාලයේ ඇතැම් ඒවා යටපත් වී තිබුණා. ඒත් අපි ස්වාධීනව අධිකරණයට අවශ්‍ය තීන්දු ගන්න අවකාශ දෙනවා.

මැති ඇමැතිවරුන් ලබා ගත් යම් ප්‍රමාණයකට සීමා කරන්න අත්‍යවශ්‍ය පහසුකම් පමණක් බලාපොරොත්තු වෙනවා. ඇමැතිවරු 30 සීමාව ඉවත් කරන්න කටයුතු කරන්නේ නැහැ.

අගමැතිවරයා ඉවත් කිරීමට ක්‍රම 2ක් තියෙනවා. එහෙම හෝ අන්‍යාකාරයකින් කළ හැකියි කියා තිබෙනවා. අන්‍යාකාරයකින් තමයි මේක කළේ. ඒ අනුව පාර්ලිමේන්තුවේ වැඩි දෙනාගේ විශ්වාසය දිනා ගත හැකි කියලා කෙනා අගමැති ලෙස පත් කරන්න ජනාධිපතිට පුළුවන්.2015දී මන්ත්‍රිවරු 44ක් සිටි රනිල් වික්‍රමසිංහ අගමැති කළෙත් ඒ විධියටයි.

එත් මේකට අභියෝග කරනවා නම් අය – වැයට පෙර ගෙන එන අතුරු සම්මත ගිණුම ඉදිරිපත් කළ පසු කළ හැකියි. එහෙම නැතිව අරලියගහ මන්දිරයට වෙලා විහිළුකාරයෙක් වෙන්න හොඳ නැහැ.

අගමැති ලෙස මහින්ද රාජපක්‍ෂ මහත්තයා පත් කිරීමේදී ජනාධිපති අපේක්‍ෂකයා මෛත්‍රිපාල සිරිසේන මහතා විය යුතු බව ගිවිසුමක් නැහැ. ඒත් සන්ධානයේ බොහෝ අය දැන් එතුමා ජනාධිපති අපේක්‍ෂකයා විය යුතු යැයි කියනවා. ඒ නිසා ජනාධිපති අපේක්‍ෂකයා පිළිබඳ ජනාධිපති අගමැති සාකච්ඡා කොට පක්‍ෂයක් ලෙස තීන්දු කරනවා.
අද ව්‍යවස්ථා අර්බුදයක් නැහැ. තිබුණු දේශපාලන අර්බුදයට විසඳුමක් තමයි දී තිබෙන්නේ.

පාර්ලිමේන්තු මන්ත්‍රි එස්.බී. දිසානායක,
නොයෙකුත් බැනුම් අසමින් අපි දුෂ්කර ගමනක් ගියා. ඒත් අපි අද ඉලක්කය කරා පැමිණ ජයග්‍රාහී මානසිකත්වයක ඉන්නවා.

ජනාධිපතිතුමා ගත්තේ දුෂ්කර තීන්දුවක්. ඒක තමන්ටත් ගන්න අමාරු තීන්දුවක් කියලයි මහින්ද රාජපක්‍ෂ මහත්තයා කිව්වේ.

එ.ජා.ප.යට හරි වේදනාවක් ඇති. හදිසියේ සල්ලි හම්බ කරන පිරිසක් ජාතික ආණ්ඩුවේ සිටියා. රනිල් වික්‍රමසිංහ ඊට අවස්ථා දුන්නා. ජනාධිපතිටත් හොරා ආයතනවල කොටස් විකිණුවා.

අපි කාගෙත් ඇස් වහලා විදේශිකයකු ගෙනත් දමාගෙන මහ බැංකුව අගමැති යටතට ගත්තා. අර්ජුන මහෙන්ද්‍රන් මෙහෙන් පැන්නුවෙත්, සිංගප්පූරුවේදී රැක බලා ගන්නත් පහසුකම් සැලසුවේ රනිල් වික්‍රමසිංහ විසිනුයි.

රනිල් වික්‍රමසිංහට ඉන්නේ මලික්, මංගල, සාගල හා අකිල විතරයි. වෙනත් කිසිවකුගේ ආදරයක් රනිල්ට නැහැ.

ජනාධිපති ඝාතන කුමන්ත්‍රණය ගැන රනිල් වික්‍රමසිංහ එක වචනයක්වත් තමන් සමඟ කතා නොකළ බව මෛත්‍රිපාල සිරිසේන ජනාධිපති වේදනාවෙන් කිව්වා. මේක පිටුපස තවත් විශාල පිරිසක් ඉන්නවා.

අපිට හිත්පිත් නැති මංගල සමරවීරගේ අය – වැය කියවන්න බැහැ. හෙට සිට ඇමැති මණ්ඩලය දිවුරුම් දීම අරඹනවා. මේ වන විට ජනාධිපතිතුමා හා අගමැතිතුමා හැර එක ඇමැති කෙනෙක්වත් නැහැ. අගමැතිවරුන්ට දීපු අමාත්‍යාංශවල වාහන ලබා ගන්න කියලා මම නිලධාරීන්ට කියනවා.

තමන්ට පාර්ලිමේන්තුවේ බහුතරය තිබෙන බව රනිල් වික්‍රමසිංහ කියන කතාව ගැන පුදුමයි.

පළාත් සභා මැතිවරණ කල් දැමීම රනිල් වික්‍රමසිංහ මහතා හිතාමතා සිදු කරන දෙයක්. අපි ඒක නිවැරැදි කරනවා.

පාර්ලිමේන්තු මන්ත්‍රි තිලංග සුමතිපාල,

හිටපු අගමැතිතුමාට අරලියගහ මන්දිරයේ නිල නිවෙසේඉන්නට නෛතික බලයක් නැහැ. ඒ නිසා ඒකෙන් ඉවත් විය යුතුයි. ජනතාව තීන්දුව අතට ගත්තොත් ගැටුම් ඇති වෙනවා.