The Easter Sunday terror attacks against Christians and tourists in Sri Lanka had terrible repercussions for the country’s Muslim minority. In DG #35 we worked with photojournalist and documentary maker Joshua Harry Brown to examine the country’s latest cycle of religious violence. You can see the short film Brown made in the country below and for the full story get yourself a copy of the issue here.
United National Party (UNP) Deputy Leader Sajith Premadasa says that he is not ready for a political journey under conditions.
Premadasa mentioned this addressing the UNP Kalutara District rally currently ongoing at the Matugama Public Grounds.
Stating that he rejects ‘luxury politics’ Sajith Premadasa said that only he has the strength to work the most for this country.
Today some talk of national security. But there are so many aspects of national security. Military security, economic security, political security, and social security”, he said.
He says that the country cannot be strengthened by destroying, churches, mosques or Kovils. The national disunity created by these actions will only support modern terrorism.
The Minister stated that no matter who betrays him, the ‘Sajith Premadasa journey’ cannot be stopped.
Gnanasara Thero is the Secretary General of the Bodu Bala Sena
It is a weekday afternoon at the Sadh Dharamhajika Viharaya in the Colombo suburb of Rajagiriya. Viharaya means monks’ living quarters, but these particular premises serve as offices of the Bodu Bala Sena (BBS) and its secretary general, Galagoda Aththe Gnanasara Thero. In the spacious garden, a group of youth are arranging chairs and tables, for a cooking demonstration by a young man who makes powders of grains and herbs. These are rural Sinhalese youth who have no one to support them,” says Dr Dilanthe Withanage, CEO of the BBS, who is an IT lecturer. We help them start their businesses and promote them the way we can.”
In finding solutions to the religious terrorism of today, Buddhism is the only answer. We want solutions to problems through discussions, not terrorism.
Interview/ Galagoda Aththe Gnanasara Thero, Secretary General, Bodu Bala Sena
There must be a parliament that does not undermine in various guises the country and the rights of the Sinhala majority.
He says that he had initially got together with Gnanasara Thero to help Sinhala businesses. But gradually, the BBS took on a different shape to counter many issues”, including the ‘halal controversy’, he says.
Sinhalese businesspersons were complaining about how they had to pay the halal certification committee-appointed member in Sri Lanka to ensure that the food being produced was halal,” he says. If they did not get the halal certificate, their products would be rejected from food markets. We checked with traditional Muslims of Sri Lanka and they informed us that all this was not needed because they knew how to differentiate between what was halal and what was not, and did not want unnecessary complications.”
Please understand,” he adds, we did not start BBS to create any trouble. Only to strive for the rights of the Sinhalese, who are a global minority. We are currently fighting to quell Wahhabi extremism.”
Excerpts from an exclusive interview with the controversial Gnanasara Thero:
Q/ What made you become a monk?
A/ I was born in 1975 in a hamlet called Galagodaaththa in Galle and was educated at the local village school up to grade six. Then, somewhat against my parents’ wishes, I entered priesthood. After the main training as a young monk, in 1989, I joined the Wanawasa Sanga branch of our village temple and trained in the forest tradition for monks. I also studied Pali and Sanskrit.
In 1996, I came to Colombo to continue my education at the University of Kelaniya. Around 1999, I started teaching at an education centre for Buddhist monks. In 2001, I became the principal there, and at the end of 2003 I resigned fully from teaching.
Q/ Why did you give up teaching?
A/ I wanted to dedicate myself to my country. By this time I had become involved in the anti-terrorism movement (against the Tamil Tigers). This was the time president Chandrika Kumaratunga planned to bring a federal solution to the Tamil ethnic issue. She could not proceed with this because of opposition by Buddhist monks.
In 2000, the political movement Sihala Urumaya was launched. I became its clergy representative, from the Kotte area. Though it could win one parliamentary seat, it had internal issues. Some of the monks in it then organised the Jathika Sangha Sammelanaya (JSS), which became a strong national movement. I was its assistant secretary. We carried out protests against unethical conversions by Christian evangelists, which was a serious problem 15 years ago. We did not have any issues with the Catholics or Anglicans or other mainstream churches as they do not carry out unethical conversions.
In 2004, the main members of the JSS formed the political party Jathika Hela Urumaya (JHU). Soon after, together with some monks and like-minded laity, I formed the BBS. Now the JSS is handled by the JHU monk Rathana Thero. I am not involved.
Q/ Are there fundamental differences between the JHU and the BBS?
A/ The JHU is now a political party. The BBS is not. It could be described as a national movement.
Q/ Did you have any non-Buddhist friends as a child or any non-Buddhist teachers?
A/ No. There was no opportunity for it as I grew up in a fully Buddhist village. There were no mosques or any Muslims around. There was a Catholic church, but I had no non-Buddhist friends as a child.
Q/ Among the Buddha’s teachings, what is the most important to you?
A/ The whole of the Buddha’s teachings is a living teaching. The Buddha said there is no sin more terrible than mythia drushtiya (mythical delusion). On April 21, in a place of worship one set of believers prayed to their God, another set killed them, again in the name of God, to please God. Nine suicide bombers carried out this barbaric act. All because they mythically believed this crime was what God wanted. Isn’t what the Buddha said correct?
In finding solutions to the religious terrorism of today, Buddhism is the only answer. We want solutions to problems through discussions, not terrorism. We are not the terrorists.
Q/ You often have said that Buddhism is threatened in Sri Lanka by the proliferation of religions such as Islam. There is the counterview that Buddhism is threatened only when Buddhists do not practise Buddhism as preached by the Buddha, as a science of the mind, self-control and compassion.
A/ Buddhist philosophy and Buddhist culture are two different things.
Q/ Of these two, which is more important?
A/ Both. Buddhist philosophy cannot be destroyed by anyone as it is a universal truth. However, Buddhist philosophy needs Buddhist culture to thrive. Forty generations or so ago, Buddhists lived in what are today Afghanistan and Pakistan. But in Afghanistan, the offspring of Buddhist ancestors who had become Muslim destroyed the Buddha’s statues their forefathers had sculpted. In those countries there were once Buddhist monks who stood for both Buddhist culture and Buddhist philosophy. But when Buddhist culture was vanquished with the invasion of Islam, Buddhist philosophy also died. Buddhist monks who were only focused on Buddhist philosophy died with their philosophy.
In India, the land of the Buddha, Buddhism has almost vanished. If Buddhism is to be protected, one has to protect its culture. Sri Lanka has through the ages protected Buddhism; both its philosophy and its culture. Therefore, as a Buddhist country we do many things such as sculpting Buddha statues, building temples, and organising Buddhist processions, in order to keep Buddhist culture alive.
Q/ The Buddhism in Sri Lanka today is largely based on the Buddhist revival movement carried out by the Dutch colonisers who wanted to quell the rise of Catholicism propagated by the Portuguese colonisers. It was revived again, during British occupation, by foreign Buddhist enthusiasts such as Henry Olcott, an American military officer who was the first president of the Theosophical Society.
A/ Yes, I agree. Our colonial history is a long and intriguing one where we were victims of divide and rule. In the Uva Wellassa area, there was a rebellion three years after we lost the country in 1815. We were crushed in the most brutal manner imaginable. Every tree, every herb, every fruit and every animal that served and protected us as a people was destroyed in an unprecedented human, cultural and environmental genocide. Following this, there were strong campaigns to portray Buddhism as a false philosophy and [to make] Buddhists believe in Christianity.
A Christian priest, D.J. Gogerly, carried out the Christianising of Lankan Buddhists through his writings. The Buddhist monk Migettuwatte Gunananda Thera then undertook a mission from 1848 to the 1870s to revive Buddhism. Under his leadership, a series of five debates was held all over Sri Lanka between Christians and Buddhists.
It is after the victory of the Buddhists in these debates that Henry Olcott and those such as Marie Musaeus Higgins came to Sri Lanka and embraced Buddhism and dedicated themselves to the Buddhist revival movement. Therefore, in the same way that we faced Christian indoctrination through debates, we must face the threat of Islamisation today in Sri Lanka.
Gnanasara Thero addresses Buddhist monks
Q/ Is there actually such a threat? Some people accuse you of creating Islamophobia.
A/ Please note that I am not talking about the traditional Muslims of Sri Lanka. They have lived peacefully ever since their arrival as traders. They married Sinhalese women, whom they converted to Islam. They have followed their religion while respecting Buddhist customs and traditions of the land, and without carrying out the vicious agendas of the Wahhabi, Salafi, Tabliq, Deobandi, Ikhwan and Thawheed groups. For the past 40 years these groups have been growing strong with funding from Saudi Arabia. These groups systematically changed the face of Islam in Sri Lanka and started killing off the Sufis and moderate Muslims. In Kattankudy, in the eastern Batticaloa district, Sufis are insulted and killed. Everyone knows it. Is talking about it Islamophobia? Is what happened on April 21 not a result of this warped ideology of the Wahhabi mentality manifesting in action?
Q/ There are allegations that the April 21 bombings happened because the BBS antagonised the Muslims and drove them to join extreme elements such as Zahran Hashim, the ring leader of the Easter Sunday carnage. There are also assumptions that Zahran himself may have taken to terror because of incidents like the Aluthgama riots of 2014, for which you are largely blamed.
A/ Is that what is now being said? So now we are the culprits of IS (Islamic State) terror? (Laughs.)
Q/ Looking back at your public speech prior to the riots in Aluthgama, do you have any regrets about the words you used?
A/ I did not say go and create a riot. Stones were hurled at the monks and Buddhists by some Muslim youth in Aluthgama after we peacefully dispersed after my speech. It is actions like these that got the Sinhalese crowds angry.
I made that speech after one of our monks in a vehicle was attacked in Aluthgama by a few Muslim men. I did nothing more than warn against such behaviour.
Q/ There is the view among media analysts that because the BBS in 2014 portrayed this issue of Wahhabi/Salafi/Tabliq extremism as Muslim extremism, many writers and others who knew of the discovery of ammunition in some locations early this year were reluctant to write about it fearing that the BBS would create an anti-Muslim backlash.
A/ The media was preoccupied with chasing us and labelling us as extremists. We raised our voice in 2014 because we knew what was happening. Our monks faced aggression from Muslim extremists. In 2014, there was information that some local extremist Muslims had joined IS fighters in Syria. This was ignored. Now everything we have said has [happened]. Hundreds had been killed and still we are being blamed and called racists.
We have information on some Muslim activists in this country and have pictures of them with questionable global Muslim extremists. We had information of how false passports were used by Lankan Muslim youth to enter foreign countries and return to Sri Lanka with Christian names and from Sri Lanka to go to Saudi Arabia under Muslim names. I have with me a note that I prepared around 2014 for a press conference on the extremism of the National Thowheed Jama’ath and in particular about Zahran, who was the mastermind of the blasts. I then asked why this extremist was not arrested—he was openly propagating Wahhabism and IS ideology, destroying the cemeteries of Sufi saints and asking Muslims to be armed and kill non-Muslims.
Q/ Did you inform the authorities?
A/ We had by 2014 informed the highest-level personnel in governance.
Q/ You have come out strongly against the All Ceylon Jamiyyathul Ulama (ACJU), which is the top Islamic body of Sri Lankan Muslims. You have accused them of being carriers of the Wahhabi ideology.
A/ Over 90 per cent of the members of the ACJU hold the Wahhabi ideology. This is proven by the fact that they do not issue any message for the commemoration of the Prophet Muhammad’s birthday. The Wahhabis/Salafis and others who practise an extreme form of Islam do not commemorate the Prophet’s birthday. The traditional Muslims of Sri Lanka do. I have cited only one small example. There are hundreds of other examples. For instance, their fatwas against the Sufi Muslims of Sri Lanka.
Q/ In the Buddhist convention held in Kandy on July 7, you said your aim was a ‘Sinhala parliament’. Do you think this is practical and that Sri Lankans will support this?
A/ I did not say [we should not] have non-Sinhalese in the political structure. What I said was that there must be a parliament that does not undermine in various guises the country and the rights of the Sinhala majority.
We are lobbying for the local education system to be developed in a manner that does not propagate racism. We today have schools based on communal distinctions. This is the beginning of the problem.
Q/ It is said that you have got foreign funding.
A/ (Laughs) The only foreign funding we have comes from Sri Lankans living overseas. We do not touch one cent of money from any foreign entity.
Q/ After the blasts, there seems to be animosity towards all Muslims. The boycott on Muslim businesses is affecting them seriously.
A/ This is the sad result of Wahhabi terrorism. Ordinary people now suspect all Muslims.
United Nations, September 25 (Foreign Policy): The UN peacekeeping department has decided to ban the deployment of non-essential Sri Lankan army troops in UN peacekeeping missions, citing the country’s appointment of an alleged war criminal to a top military post.
Lt. General Shavendra Silva was recently appointed chief of the Sri Lankan army, eliciting criticism from the UN, the United States, and the European Union.
Silva commanded Sri Lanka’s 58th division during the final stages of the country’s military campaign to crush the Tamil Tigers, a militant separatist movement known for pioneering suicide terror attacks.
The U.N. High Commissioner for the United Nations, Michelle Bachelet, announced last month that Silva’s appointment was deeply troubling” given the serious allegations of gross violations of international human rights and humanitarian law against him and his troops during the war.”
This week, a U.N. spokesperson confirmed to Foreign Policy that it would ban new Sri Lankan units from deploying in U.N. missions unless their presence is vital for ensuring the missions’ security.
There appeared to be no plan to repatriate the more than 650 Sri Lankan troops currently serving in U.N. missions, including in Mali, South Sudan, and Lebanon.
Farhan Haq, deputy spokesman for U.N. Secretary-General António Guterres, told Foreign Policy the U.N. is grateful” for Sri Lanka’s contribution of troops to six U.N. peacekeeping operations, but is troubled by Silva’s promotion.
We have expressed our concern to the Government of Sri Lanka over the appointment of Lieutenant General Shavendra Silva to the position of Commander of the Sri Lanka Army, despite well-documented, credible allegations of his involvement in serious violations of international humanitarian and human rights law,” Haq said.
In light of this appointment, the U.N. Department of Peace Operations is therefore suspending future Sri Lankan Army deployments except where suspension would expose U.N. operations to serious operational risk,” he said
Kelum Bandara and Yohan Perera Courtesy The Daily Mirror
There was general agreement among the seniors of the United National Party (UNP) to nominate Minister Sajith Premadasa as the presidential candidate but on certain conditions to be stipulated in writing, Daily Mirror learns. The UNP seniors backing both Party Leader Prime Minister Ranil Wickremesinghe and Mr.Premadasa met on Tuesday (24) to work out some arrangement to agree on candidacy.
The Prime Minister is reportedly in agreement that candidacy could be offered to Mr.Premadasa but on condition that he (Mr.Wickremesinghe) should remain the UNP Leader and the Prime Minister. Also there has to be commitment from Mr.Premadasa to abolish executive presidency .
Mr.Wickremesinghe’s position is that a power devolution package based on consensus reached at the parliamentary steering committee should be worked out to resolve the Tamil national question. ()
* A new elliptical expressway parallel to the coast at a distance of about 40-50 km from it, around Sri Lanka.
* New expressway to provide easy access to both coastal belt and hinterland.
* A single expressway from Medawachchiya to Kilinochchi.
* Fast-tracked construction to be completed in five years.
* Project investment likely to be a massive boost to the entire economy.
* Project investment to be generated from funds saved as a result of reduced rates of interest due to sound management of the economy.
* Economy to reap a host of other short and long term benefits.
* People have a responsibility to elect leaders who are capable of implementing projects and positively dealing with emerging challenges.
An elliptical “circular” expressway for a county shaped like an ellipse
Sri Lanka is a country in the shape of an ellipse. While the central part is mountainous, the rest of the island is a flat plain. The distance from the North to the South is about 420 km, and from the East to the West, it is about 220 km at the maximum point.
Based on these geographic factors, if an expressway is to be constructed in the most practical and cost-effective manner to cover the entire country, it is logical that it must be in an elliptical shape, parallel to the coast at a distance of 40-50 km from it. It is possible that the Northern point of such New Elliptical Expressway (NEE) could be close to Medawachchiya, the Southern point close to Kirama, the Eastern point close to Pokurugama and the Western point close to Mirigama. As the feeder to the NEE, many of the existing roads can be easily connected to it as “entry” and “exit” points.
Already, there are highways from Kadawatha to Godagama (144 km) and Colombo to Katunayake (25 km). In a few months, a connecting highway will be seamlessly linked from Kadawatha to Kerawalapitiya (10 km), and another from Godagama to Hambantota (75 km). Once those sections are completed, the Expressway system of Sri Lanka will be completed from Katunayake to Hambantota, in close proximity to the coast. At the same time, since a considerable length of highway spanning the districts of Gampaha, Colombo, Kalutara, Matara and Hambantota has already been completed, it may now therefore be more practical and sensible to connect such existing highway to the NEE, without constructing the section of the proposed NEE parallel to the coast from a distance of 40-50 km in those districts.
Therefore, Kudaoya may be considered the possible starting point of the NEE connecting to the present highway from the South, while Mirigama may be the chosen Northern starting point. When that is done (as shown in the map), the NEE will run 40-50 km parallel to the coast covering a distance of around 500 Km through the hinterland avoiding forest and wildlife regions, historical and archaeological sites, densely populated areas and special places of attraction to local and foreign tourists.
The land area to the North of Medawachchiya is of a triangular shape, and therefore, the construction of an elliptical expressway beyond Medawachchiya will not yield a cost-effective advantage. Accordingly, a single direct expressway of about 105 km at the centre of that area providing access to both sides of the triangle can be built from Medawachchiya to Kilinochchi and connected to the NEE, so that it becomes an integral part of the NEE. Once this Medawachchiya/Kilinochchi section too is constructed, the entire country will be fully connected through a 100 kmph expressway system comprising a total of about 859 km.
The maximum travel time from one
point of Sri Lanka to another will be
only about 5 hours…
If a “connected” expressway is constructed as described above, any person from any part of Sri Lanka will be able to gain access to the NEE easily after travelling a distance of a maximum of 50 km from any part of the country, coastal or hinterland. For example, if a person wishes to travel from Siyambalanduwa to Mannar, he will travel a distance of about 30-40 km on ordinary roads, enter the highway at a suitable entry point, cruise along the highway, exit from Vavuniya, travel a further distance of about 30 km on ordinary roads and reach Mannar. Similarly, a person travelling from Balangoda to Trincomalee can first take an ordinary road covering about 40 km, enter the highway from an entry point near Kuda-oya, cruise along the highway, exit from an exit point near Demataweva and reach Trincomalee after finally travelling a distance of about 40 km along ordinary roads. In this manner, a person will be able to travel any long distance easily from any point in the country, where maximum time spent on travelling from any point to point, not being more than five hours.
The investment required for
this Project ?
The Southern Expressway from Kottawa to Godagama is 124 km. Its cost (incurred during 2007 to 2013) is reported to be USD 892 million. That is, USD 7.2 million per km. Therefore, we may reasonably assume it will be possible to construct the proposed NEE at a cost of around USD 7.2 million per km, since the terrain through which the proposed expressway is to be constructed is somewhat similar to that of the Kottawa/Godagama Expressway. The length of the proposed elliptical part of the expressway as shown in the map is about 500 km, while the section from Medawachchiya to Kilinochchi is about 105 km. Accordingly, the total length of the proposed NEE works out to approximately 605 km. Hence, the total cost of the Project may be estimated at around USD 4,350 million.
In order to implement such a project, it will also be necessary to undertake a scientific and geographical survey of the land lay-out and contours and decide on the proposed path of the highway. Such an exercise is likely to take at least one year and the expenditure covering the technical and architectural consultancies and other evaluations may amount to around USD 200 million. Further, if the project is to be fast-tracked to be completed in five years from 2021-2025, a sum of around USD 870 million per annum (or Rs 157 billion) will have to be invested by the government on physical earth works, infrastructure construction work, etc. Although such annual outlay may appear to be a considerable investment, it will not be such a daunting task for the government to raise the total requirement of funds from existing sources, if the public debt is managed in a sound manner.
Sri Lanka’s Gross Domestic Product exceeds Rs. 14,000 billion and the public debt exceeds Rs. 13,000 billion. The existing stock of Treasury Bills and Bonds amounts to Rs. 5,500 billion. Hence, if the authorities are able to successfully reduce the Treasury Bills and Bonds interest rates to a level close to the level that existed at the end of 2014, the rates will be tightened by about 3% p.a, which alone will save a sum of around Rs.165 billion per year for the government. Incidentally, such saving will be more than the annual requirement of Rs. 157 billion for this NEE Project!
It may be recalled that the previous government was able to save such large amounts of money through the proper management of the Sri Lankan economy during the term of President Mahinda Rajapaksa, and these surpluses were utilized for various development projects. Further, the shift of funds to investment will lead to a massive economic revival that will be visible and tangible across the economy, with new economic activities being spurred on by such investments.
The investment on the ‘NEE’ will infuse new life into the economy that is now in shambles !
Once the NEE is completed, there is no doubt that many areas of the country that are today identified as “difficult areas”, will undergo rapid development, since the entire country will become inter-connected.
Businessmen and entrepreneurs will locate their business establishments and factories throughout the country. Investors in the tourism sector will take a renewed interest in constructing hotel complexes and tourist infrastructure facilities in all parts of the country. International investors will find Sri Lanka a hugely attractive location. The consequent economic progress will cover every village, while the present beleaguered building contractors of high, medium and small scale constructions will enjoy a new lease of life. The beneficial impact of such a revival will soon trickle down to other sectors as well. Thus, the proposed expressway project will be a tremendous boost to the economy of the country.
The people, too, have a
responsibility!
At present, Sri Lanka is trapped in a serious economic downward spiral. The economy is paralysed and has no direction. The current leaders have not introduced any worthwhile strategy in a manner that generates any business confidence. Even on the rare occasions where various projects have been suggested, those have failed miserably, since there has been no strategy to raise the funds necessary to implement such projects.
From 2006 to 2014, Sri Lanka’s economic managers secured the required resources for the massive development projects launched and implemented during the term of President Mahinda Rajapaksa. Money circulated freely and confidently within the country. There was never a shortage of funds for the war, reforms, rehabilitation, resettlement, development, relief measures and repayment of debt. That government faced a plethora of challenges which it faced through systematic planning and strategic implementation of such plans. As a result, unprecedented improvement took place in infrastructure; Interest rates and inflation were at manageable levels. The Sri Lankan rupee was stable as never before (or after) in history. Overall, all macro-economic fundamentals were on a sound footing.
For a country to progress, it is necessary that there should be far reaching proposals that are realistic, useful and beneficial to the people of that land. If that happens, the entire country will become a dynamic worksite. This proposal for the NEE is aimed at achieving that end. At the same time, there is no doubt that there will be many challenges when this proposal is implemented. Many crucial decisions will have to be taken. At that time, lamentations and excuses, similar to those that the leaders of the current government make on a daily basis, will be of no use. Therefore, it is the bounden duty of the people to entrust the governance of the country to leaders who have a proven record of facing challenges and who are knowledgeable and experienced. That responsibility will need to be taken seriously by the entire population.
SLPP Chairman Prof. G. L. Peiris, yesterday, said that the recent shocking admission by top Attorney General’s Department official Dilrukshi Dias Wickramasinghe that the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) during her tenure there as its Director General, acted at the behest of politicians in respect of Avant Garde case revealed extremely sorry state of affairs.
At the time of the releasing of a recording of Wickramasinghe’s conversation with Avant Garde proprietor Nissanka Senadhipathy, the former functioned as the Solicitor General.
Warning of dire consequences as a result of what the former External Affairs Minister called prostitution of the entire criminal justice process; Prof. Peiris said the thorough inquiry was required to ascertain the other cases filed following the change of government in 2015.
The former law professor of the Colombo University said so in response to The Island query whether the SLPP/JO intended to push for examination of all cases filed against ministers and officials of the previous Rajapaksa administration.
The SLPP Chairman said that it would be the responsibility of the Attorney General’s Department and the Public Service Commission (PSC) to establish as to why Wickramasinghe declared her power to function even over the parliament. Prof. Peiris pointed out that what Wickramasinghe meant by her statement that she could make or break laws was obvious.
Prof. Peiris said that politically motivated police investigations and judicial measures deprived the country of an extremely valuable large revenue source. Over 4,000 personnel who served Senadhipathy’s outfit lost employment, Prof. Peiris said adding that a high profile operation undertaken by Sri Lanka on behalf of the UN was ruined by the current dispensation.
Responding to another query, Prof. Peiris said that not only Wickramasinghe but the government owed an explanation regarding the Solicitor General’s revelations and accusations.
When The Island pointed out that one-time Attorney General Tilak Marapana PC, who held the law and order portfolio in President Maithripala Sirisena’s 100-day government had to quit in Nov 2015 over him defending Avant Garde both in and outside parliament, Prof. Peiris, too, acknowledged crisis caused by probes influenced by politicians.
President Sirisena named Sarath Jayamanne, PC, as Wickramasinghe’s successor after she resigned in Nov 2016 after the President flayed her over handling of the Avant Garde case.
Prof. Peiris pointed out that Ukrainian captain of the MV Avant Garde ship, Captain Gennadiy Gavrylov arrested on 23 June 2016 continued to be held here as the government as the then CIABOC Chief admitted played politics with cases.
Commenting on the CID probing Gotabaya Rajapaksa’s conduct during 2005 presidential election, Prof. Peiris said that the government and the political police should be ashamed of what was happening. Prof. Peiris said that the UNP feared to face Gotabaya Rajapaksa at the 2019 presidential poll. Instead of preparing for the election, the government was working overtime, somehow to disqualify the SLPP candidate.
Those who lodged a complaint with the CID alleging the then US citizen Gotabaya Rajapaksa had engaged in 2005 campaign on behalf of his brother Mahinda Rajapaksa turned a blind eye to Western interventions in Colombo to change the government as openly boasted by ex-Secretary of State John Kerry, Prof. Peiris said.
Responding to another query, Prof. Peiris stressed the need to probe assistance and advice received by the CIABOC from various interested parties following the change of government. The SLPP Chairman said that the CIABOC issue would be taken up in the presidential campaign. The former minister said that Gotabaya Rajapaksa had been among those targeted by the government as part of its overall project to suppress the legitimate Opposition.
According to Prof. Peiris a wider investigation was required to establish the truth. Had they intervened to force judicial measures on false allegations targeting ministers and officials of the previous administration, the same lot could have saved the treasury bond thieves, Prof. Peiris said.
According to the PCoI, the Road Development Authority (RDA) faced a staggering loss of Rs 62.87 million by recruiting staff and that the appointments had also violated Management Service Circulars.
Leader of the House, Minister Lakshman Kiriella told the Presidential Commission of Inquiry yesterday (24), that if recommending UNP Members for recruitment to the RDA was wrong, he was ready to accept it.
He noted that the appointments were made at a time when there were many roads to be constructed in the Central Province.
He added, “I made recommendations to recruit certain UNP Members as Public Liaison Officers to avoid issues cropping up when constructing roads within the Central Province,” Kiriella said he made recommendations of people known to him and the RDA offered them jobs.
However, the Commissioners pointed out that the recruitment drive had caused a loss of Rs 62.87 million and that the appointments had violated Management Service Circulars.
Denying the allegation, the Minister added that if the Ministry had misappropriated such an amount, there should be an audit query and that he has made these recommendations according to RDA guidelines.
“The RDA has the authority to appoint people to complete a certain task. These were no permanent recruitments, as after completing their task they could be removed from the position,” Kiriella said.
Minister Kiriella said, during former President Mahinda Rajapaksa’s regime, recruitments had been made in a similar manner and that he had followed the precedent during his term of office.
The Minister of Finance, Mangala Samaraweera has said today (24) that the Cabinet has granted approval to continue providing the last received salary to all disabled soldiers for lifetime.
Non-Cabinet Minister Ajith P. Perera, who had gone to the Election Commission to pay the cash deposit on behalf of UNP Deputy Leader Sajith Premadasa to contest the coming Presidential Poll, had been forced to return abruptly.
Sources from the Commission said, Perera had failed to furnish the letter of consent from the UNP General Secretary, which is a requirement when depositing cash for contestants from recognised political parties. This had prompted him to leave in haste.
These sources added, though Perera had met Chairman of the Commission Mahinda Deshapriya, he had been unable to make the cash deposit due to the want of the letter of consent from the Party General Secretary.
Last week an exhausted Sajith Premadasa, looking disenchanted and disheartened, sat with Mangala Samaraweera, Kabir Hashim and Malik Samarawickrema and addressed the media. He explained that he had requested in writing of Ranil Wickremesinghe to consider him as the 2019 Presidential Candidate. Premadasa, in almost every other statement emphasised that unlike other family-centric political parties that take closed door decisions, the UNP as a political party and a forerunner of the incumbent Government follows democratic principles and procedures.
If indeed the UNP as an established political party is embedded with democracy; then one has to wonder at the necessity for the press conference or for that matter, the letter. In it, Premadasa has,
– expressed his own intentions to be a candidate;
– requested that if others are also interested to be nominated, then to follow the democratic procedures and make the selection.
Had the letter simply articulated Premadasa’s interest in being nominated, then, further comment is unwarranted. Yet Premadasa also wants, “an immediate meeting of both the parliamentary group and the working committee, as that’s the democratic way to go ahead”. The meeting between the parliamentary group and the working committee can be a consensus building meeting.
“If we can arrive at a consensus, there is no necessity to resort to any other procedure. Let there be a frank and transparent discussion within the parliamentary group and the working committee. Then all of us would be able to ascertain the plethora of opinions among the members of the parliamentary group and the working committee. If there is a consensus, then so be it.
“But if there is a diversity of opinions, we can adapt the greatest democratic principle and have a secret ballot.”
At the time of this press conference, declaration of the Presidential Election was imminent. Yet, one of Sri Lanka’s oldest democratic political parties was obviously not even close to deciding on the candidate to field. After all, fielding the candidate for the country’s highest office is not akin to appointing a class monitor. Therefore, Premadasa’s request should have taken place at least six months ago. The entire UNP camp should be by now grooming their candidate to victory and to holding the mantle thereafter without faltering.
This press conference was an obvious attempt to pressurising Wickremesinghe to take the due course specified in the letter. After all, this is an internal matter of the UNP and not something that the entire country needs to be involved.
Democratic strength
Mangala Samaraweera took great pains to refute that the UNP was in conflict over the matter. He claimed that the situation that has arisen, which he with his other partners thought fit to be brought to the attention of the media, is actually the strength of the UNP. He stated that the democracy in the Party is so strong that anyone can come forward as a candidate.
If that is indeed the case, the question arises for the need to request from Ranil Wickremesinghe to allow “a frank and transparent discussion within the parliamentary group and the working committee”, if such a mechanism already exists within the Party and is the norm of that Party’s practices.
Obviously, neither Premadasa who is UNP’s Deputy Leader, Kabir Hashim who was UNP’s former General Secretary, Malik Samarawickrema who until very recently was Ranil Wickremesinghe’s closest ally, nor Mangala Samaraweera who has a freehand to do as he pleases in the incumbent Government, believe that… “A frank and transparent discussion within the parliamentary group and the working committee” could exist within UNP without mounting public pressure on Wickremesinghe.
Reasons for Wickremesinghe’s reluctance to hand over the presidential candidature to anyone other than himself in the UNP are well known. He would rather support an outsider like the then General Sarath Fonseka or trust a man who was firmly established in the rivalry team like Maithripala Sirisena than support someone from the UNP. He will never risk losing Party leadership. It is as long as he is UNP’s Leader; he can either enjoy himself as the Premier or Opposition Leader.
Premadasa and his new found friends too know this fact very well. It will take much more than a mere letter to push Wickremesinghe to the democratic path. The Badulla, Matara, and Kurunegala rallies were actually to nudge Wickremesinghe.
Wickremesinghe would not have been fooled by the crowds. It would have been obvious to him that the Premadasa camp had borrowed a leaf from JVP and used the smallest grounds to erect the largest stages, and thereby creating a deliberate jamming of people. Yet, the intention was to create an illusion among people that Premadasa is very popular and use the people to pressurise Wickremesinghe to step down.
Demagoguery
It could well be the case that Premadasa has people’s support. However, this can only be proven by an election. In reality, size of rallies can be quite deceiving for voting and attending rallies are two very different things. However, to name a candidate based on the size of the crowds he attracts alone and not on his knowledge is not democracy – it is demagogy.
Most unfortunately, Sri Lanka’s politics have been marked with demagoguery than democracy. Demagoguery is when politicians appeal to popular desires and prejudices than rational reasoning. Premadasa’s pledges to provide free housing, free meals, and free clothes, are a classic example of demagoguery. During the entire question and answer session that followed the press statement, Premadasa’s adapted theme was to allow popular opinion decide the fate on issues than on any intelligent reflection
However for democracy to thrive, the need is not the greatest show of hands, but by the most knowledgeable on the subject. Premadasa’s stance on the Executive Presidency, as one reporter openly stated is ‘wish-washy’.
Executive Presidency is a very technical subject. One needs to have a fine understanding on how the Executive Presidency derives power and who derives power from the Executive Presidency. Can a layperson, especially one disinterested in politics, decide how to address the vacuum that would be created if the Executive Presidency is abolished? Could a layperson strategise to ensure that the ills of the Executive Presidency do not flow to the entity that inherits the executive powers?
Premadasa’s bluff
When Premadasa reminded the reporters that the Yahapalana Government drastically reduced the Executive President’s Powers, he did not address the confusion that arose with it. The chain of command is now broken. The Easter Sunday Massacres were a direct consequence of this division of power that has taken responsibility and accountability from everyone’s shoulders.
The reporters exposed Premadasa’s bluff when he was asked out of the five-year term, how long will he allocate to find people’s opinion and solutions for whatever bane people identify with the Executive Presidency. Premadasa’s hasty response was, “let’s focus on the candidature first.”
Another reporter asked Premadasa for his reasons to contest for the Executive Presidency if the powers of the position are reduced. His simple answer was to keep a certain family-centred political dynasty out of power.
Since the Yahapalana Government came to power
– half a million people have lost their livelihoods,
– terrorism is once again threatening our daily lives,
– human rights have been distorted to give credence to criminals and terrorists over the fundamental rights of the officers and men who ensure national security,
– economic indices are falling,
– free trade agreements with other countries are threatening to turn Sri Lanka into a garbage dump,
– our agrarian sector stands to lose their land to economic gift packages such as the MCC.
– separatists are demanding a new constitution that will effectively create nine semi-autonomous governments and a very weak central government.
Yet, Premadasa’s sole objective is to prevent a certain political rival from coming to power. He claims that rival is driven by one family. It is questionable why Premadasa should take exception to family-driven governance, when his own wife had publicly pledged to personally solve the housing issue. At least the family he intends to obstruct will appoint their members to positions of responsibility and thus to accountability. Premadasa’s wife on the other hand intends to run State matters by dictating to her husband without taking responsibility or being held accountable.
When Maithripala Sirisena came out to contest in 2015, no one bothered to check his track-record. In his long political career, he had achieved zilch. As he once shamelessly declared our challenge now is to somehow return to where we were before Yahapalana Government. Sajith Premadasa too has been in politics for a very long time. His big achievement is creating unliveable houses. The parallel between Sirisena and Premadasa is uncanny – from their silly election promises to the people who are gravitating around them.
Wickremesinghe has not been a friend much less leader to Sri Lankan people. However, if his last act before bowing out is to spare us another Sirisena, he stands to be redeemed.
“I do not intend on this occasion to indulge in any recrimination or personal bitterness. Political parties in Ceylon, both in the past and the present, had displayed a tendency not sufficiently to consult party organisations when important issues arose, the UNP was falling into the same tendency and in its best interest this should be remedied”. These were the prophetic words of S. W. R. D. Bandaranaike in his speech after resigning from United National Party to form the Sri Lanka Freedom Party seven decades ago.
Bandaranaike resigned from the UNP when he realised that first Prime Minister D. S. Senanayake did not have any intention of making him his successor. That was the first leadership struggle in the UNP, the national party which was just five years old.
Even after seventy years, the UNP has not remedied the wrong tendency Bandaranaike mentioned and the party is faced with a serious leadership feud, not merely between the leader (Ranil Wickremesinghe) and the deputy (Sajith Premadasa), but also with a third leader (Karu Jayasuriya) emerging as an alternative.
Sinhala Maha Sabha
With the emergence of UNP, which was formed by uniting D. S. Senanayake’s Ceylon National Congress, Bandaranaike’s Sinhala Maha Sabha and T. B. Jayah’s Muslim League, the new party expected to sweep the first general elections. But the UNP could win only 42 seats in the 95-member Parliament. However, DS could form a Government with the support of independent MPs as the powerful leftist parties could not come to a single platform.
Bandaranaike, thinking that DS was grooming Sir John Kotelawala as his successor, had met him and said, “Lionel (Sir John) my father (Solomon Dias Bandaranaike) is very old and is keen to see me as Prime Minister before he dies. You are a young man and can afford to stand down.” Quick-witted Sir John replied, “My mother too is old and would be very happy if she could see me as Prime Minister before she dies”. Subsequently Bandaranaike left the party to form the SLFP.
However, when DS died in 1951, there was a major leadership struggle between Sir John and Dudley Senanayake and the latter became the Prime Minister because Governor General Lord Soulbury invited Dudley to form the Government fulfilling a promise he had given to DS before he died.
There was a major leadership tussle between Sir John and Dudley and the former went on to publish a book titled ‘Premier Stakes’ giving out the deals behind the scene. However, Sir John finally joined Dudley’s Cabinet as Minister of Transport and Public Works. After Dudley resigned in 1953, John was the automatic choice for Premiership as the other senior leader J. R. Jayewardene, former Finance Minister, decided to wait patiently for his turn.
Mahajana Eksath Peramuna
Sir John, after losing to Bandaranaike’s SLFP-led Mahajana Eksath Peramuna in 1956, left for London, leaving the UNP in the hands of JR, who nurtured the party and rejuvenated it to be ready for future battles. Although JR was the man behind the UNP during difficult days, the party members did not want him as the leader of the party. When general elections were announced a few months after the assassination of Bandaranaike in 1959, the party leaders invited the retired Premier Dudley to take over the leadership of UNP once again. In 1960, Dudley became the Prime Minister of a minority UNP Government but after three months another election was held and the SLFP came back to power.
Although there was a cold war between Dudley and JR, the latter worked hard for the party and ensured its victory in 1965. Dudley became the Premier and JR was appointed State Minister (then equivalent to de facto Deputy Prime Minister). Two years later Dudley inducted his trusted junior, Ranasinghe Premadasa to the Cabinet to fortify his strength in the party and the Government. Dudley in his strategy to control JR utilised the capabilities of Premadasa to improve the UNP rural base, while JR was dependent on the urban elite.
However, after the UNP defeat in 1970, there were cracks in the party and this time it was Premadasa who openly revolted against Dudley, his mentor. Premadasa, without leaving the UNP, created a new force under the banner, ‘Purawesi Peramuna’ (Citizen’s Front). Ailing Dudley died in 1973 and JR gave an emotional speech at the funeral, that ended with ‘Good night, sweet prince, And flights of angels sing thee to thy rest!’ and went to Sirikotha, UNP Headquarters, to take full control of the party. Dudley’s nephew, Rukman Senanayake challenged JR for leadership, but JR easily wrested control and sacked Rukman from the party. Rukman formed a new party called, Dudley Peramuna but soon went into the political wilderness.
Lalith Athulathmudali
Premadasa, a master strategist, joined forces with JR and the duo brought the UNP back to power in 1977. Prior to the general elections, JR held a party Executive Committee vote to elect a deputy leader. Two contestants, Premadasa received 122 votes and Gamini Dissanayake got 118. After becoming the Deputy Leader of UNP, Premadasa marked his time, although JR was obviously promoting Gamini and Lalith Athulathmudali as future leaders. There were in-fights between three of them as Lalith and Gamini considered each other as rivals too.
When JR finally named Premadasa as the Presidential candidate, both Lalith and Gamini put their full strength to get Premadasa elected President hoping to be the Prime Minister. However, Premadasa did not trust them and made D. B. Wijetunga, un-ambitious old UNP loyalist, as Prime Minister, taking everybody by surprise.
Infuriated Lalith and Gamini, throwing away their own differences, brought an impeachment motion against Premadasa after obtaining signatures of a sufficient number of UNP MPs. But Premadasa moved fast, prorogued Parliament and managed to get the UNP dissidents back to his fold and ousted Lalith and Gamini from the party.In this battle of giants, Ranil Wickremesinghe stood behind Premadasa, thus strengthening his place in the party.
After Premadsa’s assassination, Ranil supported Wijetunga to be the President and got himself appointed as Prime Minister. Meanwhile Gamini returned to the UNP, and wanted to be the Presidential Candidate in 1994. Ranil was initially reluctant, but finally gave in after realising that it was not easy to defeat the formidable challenger Chandrika Bandaranaike Kumaratunga.
After Gamini’s death, there was no challenge to Ranil and he managed to keep the UNP leadership despite the party’s losses at several elections. Today, his position is challenged by Premadasa’s son, Sajith. Meanwhile, Speaker Karu Jayasuriya has also entered the fray. With only two weeks to go for nominations for the 16 November election, the UNP leadership feud continues unabated, reminding the party loyalists that the advice of Bandaranaike seven decades ago is still valid.
We live at a time of unprecedented political turmoil and uncertainty. There is no visible government. The officials are probably running the country, and as there is no political direction the economy is gradually and perceptibly declining, making a huge impact on the lives of the poor people as all economic parameters indicate. Prime Minister is doing what he knows best, making more and more promises, and outdoing himself when compared to 2015. President is also doing what he knows best, trying to undermine friend and foe in a bid to survive. There seems to be an excess of acrimony, rivalry, and power hunger.
Due to these rivalries, acrimony, jealousy and power hunger, two of the major political parties that existed from the 1940’s are showing unmistakable signs of breaking up into factions and disappearing from the face of the earth. The UNP was formed of the leaders who collaborated and learnt from the European master and aped them in dress, manner and culture. They could not reach out to the common man and understand their economic and cultural needs. The SLFP was born to fill this void and look after the interests of the common poor people. “Sinhala Only” policy was meant to be only a rallying call and symbolic of the people’s needs, and not discriminatory towards the minorities. SLFP met with immediate success due to the resonance it struck with the inner feelings of the people, the “civilizational consciousness”. This vital character and identity of the SLFP was destroyed when it formed a union with the UNP, which from its inception was identified with foreign interests and culture, and formed the “yahapalana” government. It is not too late for the SLFP to correct its mistake at this opportune moment, but it seems to be thrashing about due to personal agenda, rivalry, petty jealousy and power hunger. If it misses this opportunity the SLFP would be in political wilderness.
The UNP also, almost fatally, damaged itself when it joined up with the SLFP in a marriage of convenience. The incompatibility has not only ruined the country in these last four and half years, but almost destroyed the two parties also. The policies of the SLFP have been taken over and preserved for the people by the SLPP. The remnants that remained in the government had made governance almost impossible and now it is in its last throes. Poor governance and economic decline have clearly impacted on the credibility of the UNP leadership, and what it could do at the critical eleventh hour is nothing but make promises. But the damage to the leadership is reflected in the mass defection of the loyalists, and their demand for a different nominee for the presidential election, resulting in a gross rupture of the party. If this crack is not repaired early the party will go to polls in a divided state risking a colossal defeat. But here too the power hunger, personal agenda, petty jealousy, acrimony created by the rebellion and future political stake may not allow room for compromise. If the rebellion succeeds it would be at huge cost and there is no guarantee that undermining tactics, reminiscent of what befell Kobbekaduwa, would not be resorted to by desperate people. Such is human nature infected with power hunger, acrimony and vendetta. If the rebellion within the UNP fails and the breakaway faction joins up with the SLFP, which is waiting to commit ‘hara-kiri”, it will be the demise of the UNP too.
Sri Lanka is at political crossroads and we may witness catastrophic political upheavals in the near future. But sometimes political catastrophe brings in its wake changes that are better for the people. Our people have relentlessly suffered untold misery due to political blunder, and personal vendetta among the politicians. They deserve a break from all this madness and pettiness, and a modicum of stability in their lives. So, it is good for the people let political parties breakup and disappear.
Regardless of what the leadership of the Sri Lanka Freedom Party (SLFP) says, the village-level supporters are today with the Sri Lanka Podujana Permuna (SLPP) and its presidential candidate Gotabaya Rajapaksa, according to UPFA MP Sudarshani Fernandopulle.
Speaking during an event held in Katana, she said that the United National Party (UNP) is currently struggling unable to reach a decision regarding its presidential candidate.
Some are saying its Ranil, some are saying Karu and some are saying Sajith,” she said, adding that the UNP does not have any leaders who are suitable for the year 2020.
Sajith Premadasa is still living in the 1989 era, not in 2020,” she said.
Fernandopulle stated that none of them have presented programme for the country and that former Defence Secretary Gotabaya Rajapaksa has already presented his plans to take the country forward.
United People’s Freedom Alliance (UPFA) Ratnapura District Parliamentarian Vasudewa Nanayakkara told Ceylon Today that when Gotabaya Rajapaksa becomes the President, a Special Presidential Commission (SPC) will be appointed to look into all the cases filed by the present Government seeking political revenge.
This Commission will be appointed in a bid to serve justice to all those who were subjected to political revenge, and to reveal to the country the politicians and officials who caused these incidents of political revenge.
Nanayakkara further said that the leaders of the Joint Opposition (JO) have discussed this with the SLPP Presidential Candidate Gotabaya Rajapaksa.
He added, that looking into this issue will be conducted as a special programme.
The telephone conversation between former Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), currently the Solicitor General, Dilrukshi Dias Wickremasinghe and Nissanka Senadhipathi, will be useful in future activities of the proposed Presidential Commission, Nanayakkara opined.
According to the telephone conversations of Dilrukshi Wickremasinghe, it is evident that all these cases were created to take political revenge, Nanayakkara added.
On 17 September 2019, Speaker Karu Jayasuriya stated his goal as, “abolition of Executive Presidency.”
Since 2015, two attempts have been made to abolish the Executive Presidency. The first attempt was via the 19th Amendment. In the original 19A Bill, the following clauses were proposed:
Clause 11 of 19A (Original) Bill;
42(1) There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic.
43(3) The Prime Minister shall be the Head of the Cabinet of Ministers.
43(1) The Prime Minister shall determine the number of Ministers of the Cabinet of Ministers, and the Ministries and the assignment of subjects and functions to such Ministers.
The second attempt was via the 20th Amendment proposed by the JVP. It was suggested to remove the word ‘Government’ from present Article 30. This would have resulted in the removal of the status of the President as the ‘Head of the Government.’ Both attempts were to remove or reduce the powers of the President, who is presently in control and charge of the Government. 19A blatantly sought to transfer such powers to the Prime Minister. 20A (of JVP) expressly tried to remove the powers of Government from the President.
However, in both instances, the Supreme Court held that “Clauses in the Bill relating to the removal or reduction of the executive power of the people which would be exercised by the President of the Republic would directly violate Article 3 of the Constitution, and that therefore they should be approved by the people at a referendum.”
Therefore, the office of the (Executive) President cannot be removed or his powers cannot be reduced or removed without obtaining a specific mandate from the people at a referendum.
Office of the President
Why is the office of the President made so strong and solid?
Constitutionally, the Executive power of the people, including the defence of Sri Lanka, shall be exercised by the President (Article 4(a)). The President is the Head of the State, Head of the Executive and of the Government. He is also the Commander-in-Chief of the Armed Forces (Art. 30).
The people entrust their executive power in the President at the Presidential Election. Such power flows down from the President through the machinery of government, which comprises the Cabinet and the other officers in the State Administration. The Cabinet of Ministers is charged with the direction and control of the Government (Article 43(1)). Hence, the Prime Minister and the Cabinet of Ministers get their powers from the President. Secretaries of the Ministries and all officials in the State Administration function thereunder.
The People expect the President to fulfil duties entrusted to him by the Constitution (Article 33(2)(1)(a)). The President is obliged to assure a stable government in a Unitary State. To achieve that, the machinery of Government should function without any failure on an “unbroken line of accountability and authority” that runs through the hierarchy of the Government.
From 1987, (with the 13th Amendment) Provincial Councils (PCs) became part of our constitutional structure. 13A made drastic changes in the structure of government. PCs started to exercise legislative and executive functions within provinces. The line of executive authority, which starts from the President, runs to the provinces through the Governors appointed by the President. In the judgment on the 13th Amendment (1987) the Supreme Court observed as follows:
“The Governor is appointed by the President and holds office in accordance with Article 4(b) which provides that the executive power of the people shall be exercised by the President of the Republic, during the pleasure of the President (Article 154B(2)). The Governor derives his authority from the President and exercises the executive power vested in him as a delegate of the President. It is open to the President therefore by virtue of Article 4(b) of the Constitution to give directions and monitor the Governor’s exercise of this executive power vested in him. Although he is required by Article 154F(1) to exercise his functions in accordance with the advice of the Board of Ministers, this is subject to the qualification ‘except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.’ Under the Constitution, the Governor as a representative of the President is required to act in his discretion in accordance with the instructions and directions of the President. Article 154F(2) mandates that the Governor’s discretion shall be on the President’s directions and that the decision of the Governor as to what is in his discretion shall be final and not be called in question in any Court on the ground that he ought or ought not to have acted on his discretion. So long as the President retains the power to give directions to the Governor regarding the exercise of his executive functions, and the Governor is bound by such directions superseding the advice of the Board of Ministers and where the failure of the Governor or Provincial Council to comply with or give effect to any directions given to the Governor or such Council by the President under Chapter XVII of the Constitution will entitle the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution and take over the functions and powers of the Provincial Council (Article 154K and 154L), there can be no gainsaying the fact that the President remains supreme or sovereign in the executive field and the Provincial Council is only a body subordinate to him.”
Their Lordships in the Supreme Court further held that:
“Each Provincial Council is an administrative unit duplicating more or less a Cabinet system of Government, a Provincial Council, and a Governor as its Head.”
Therefore, Provincial Councils derive their executive powers from the President. The simple question that arises is that, if executive powers and powers of Government were removed from the President, from where (what source) would the Governors and Board of Ministers in the Provinces get their executive powers and powers to run provincial administration?
Conflicting answers
Two conflicting answers may be suggested. Either the entire provincial councils system would collapse, for lacking of executive authority and power to run provincial administration. However, as long as the provisions incorporated into the Constitution by the 13th Amendment subsist, this reasoning would not be practical.
The other possibility would be detrimental to the Unitary State structure of the Constitution. If the 13th Amendment continues to function with existing powers or is made fully functional (by further granting land and Police powers to PCs), then arises the question from what source of executive the Provincial Councils (Governors and Board of Ministers) would derive executive powers and powers to run the organs of government within provinces?
If executive powers do not flow from the Centre (President) then such powers should be derived directly from the people in the Province(s). This is a situation where the sovereignty of the people would be fragmented, alienated and separated both vertically and horizontally. Vertically, as people would be presumed to empower Governors and Chief Ministers in the Provinces directly with executive power, without channelling such power through the President.
Horizontally, as people of each province would exercise their sovereignty separated from those in the other provinces. This situation would permit international elements, acting with ulterior motives, to set up separate States, to give a distorted picture to the world, of Sri Lanka, as a country, consisting of people distinct from each other at provincial levels.
Right of self-determination
The constitutional structure demanded by the TNA claims right of self-determination. The following passages are extracted from the TNA manifesto published for the Northern Provincial Councils Elections (2013):
“The Tamil People are entitled to the right to self-determination…..
The TNA firmly believes that sovereignty lies with the people and not with the State. It is not the Government in Colombo that holds the right to govern the Tamil people, but the people themselves. In this regard, the Thirteenth Amendment to the Constitution of Sri Lanka is flawed, in that power is concentrated at the Centre and its Agent, the Governor…..”
Such mala fide slogans lead to nowhere, but to create disunity and segmentation among the people. Social and political calamity, resulted by such attempts, serve only national and international elements, seeking to destabilise the State and implement mechanisms to exploit the resources and the people of the country.
Therefore, the (Executive) Presidency in the present Constitution cannot be abolished in isolation. Such abolition would transform the Unitary State into a Federal or Confederal State structure, and pave way for convenient cessation with international assistance. The Executive Presidency cannot be abolished without simultaneous abolition of PCs, or replacement of PCs with an alternative decentralisation mechanism, that would function within a Unitary State structure, by deriving executive authority from a source at the centre, where the executive power would be concentrated.
Last few days all the television channels are showing
The next episode of the telegrams called
Janapathi Warama
Just like the saying in Sinhala Fish gets into trouble
because of it’s mouth
She could not keep her mouth shut
It was also an amusing part of the drama, is the way
one time tough commander of the forces crying like a baby complaining about the
hardships he had gone through
I felt like crying when he mentioned about his children who
were mistreated in the school
