Chanaka Bandarage
JR Jayawardane stated that in the Constitution that he drafted in 1978 he could do anything except, ‘change a man into a woman and vice versa’.
When the Executive Presidency was introduced, Dr NM Perera asked the question If an insane person becomes a president, what would be the state of the country?”
Proponents of the Executive Presidency argue that if not for the existence of that position, the country would not have eradicated terrorism.
It needs to bear in mind that the seed of terrorism was planted by the LTTE when the Executive Presidency was in existence. True, it was during Sirima Bandaranaike’s time that Prabhakaran made his first terrorist act – killing of the Jaffna mayor, Alfred Durraiappah in 1975, but JR Jayawardane had ample opportunity to’ nip the LTTE terrorism in the bud’ but he spectacularly failed. During his time not only did the seed of LTTE terrorism grow into a giant tree, despite the enormous powers he had, JR Jayawardane had absolutely no knowledge of how to curb or control it.
Looking back at the recent past, it was during JR Jayewardene’s Executive Presidency that so much of damage and destruction has happened to the country. The causation for same – taking wrongful decisions, should be directly apportioned to him; the Executive President:
- By introducing an open market economy on an ad hoc basis, the country became everyone’s dumping ground for goods. The country’s agriculture and local industries collapsed. By 1977, the country had almost become self-sufficient in food thanks to the previous Sirima Bandaranaike government. But, JR Jayawardane recklessly opened the ‘flood gates’ allowing the import of almost every food item to the country. Basically, all that was achieved through the hard work of Sirima Bandaranaike government was wiped off/destroyed. He failed to introduce measures to protect local farmers and local industries. Stringent tariffs that any country would impose on imports that are harmful to local producers were not introduced. The result of the collapse of the local industry is that today we import almost everything that we require, from the paper clip onwards.
- Large scale corruption that was previously unheard of became the norm of the day. A perception was created that not only corruption was alright, it was also respectable. The then President kept a blind eye allowing his ministers and faithfuls to plunder the country’s wealth willy nilly.
- Communal riots broke out frequently where innocent Tamils were subjected to death and their properties were destroyed. We are still paying a huge price for the infamous ‘Black July of 1983’. The then President omitted to act fast, a grave lapse on his part.
- When the brave armed forces had cornered the terrorist leader Prabhakaran and his cohorts in Vedamarachchi (in 1986), JR Jayawardane abruptly stopped the onslaught.
- When the whole country opposed it, the then President signed the Indo-Lanka pact with India in 1987. He placed the country under curfew and signed it. In the said document, he wrongfully acknowledged that the north and the east are traditional Tamil homelands.
- The then President enacted the 13th Amendment which has caused enormous damage to the country. Under pressure from a foreign government, the then President quite unnecessarily agreed to create nine provincial governments in Sri Lanka. Not only that they are useless, ineffective and infested with corruption – as alleged by many; they have become massive white elephants in their own right.
- Re-emergence of the JVP insurrection in the late 1980s which not only destroyed the country’s economy but also thousands of precious lives.
This trend of terrorist killings, bomb blasts and destruction to property continued under subsequent Presidents, until Mahinda Rajapakse took control of the war between 2007 – 2009.
Under the Executive Presidents thus far, not only has the country’s economy deteriorated (we are one of the main debt ridden countries of the world), we have destroyed our natural environment. We could not even stop the Human – Elephant conflict (due to extensive jungle clearing the conflict was exacerbated by the accelerated Mahaveli Development program). Bribery, corruption and malpractices have become rampant and they have become part and parcel of our daily lives. It has come to a position that corruption is tolerated and accepted as respectable. In law and order, the country has performed badly and overall, we seem to have become a less loving and a caring society.
Mahinda Rajapakse showed brave leadership and crushed the terrorists in May 2009. This is an extraordinary achievement. It equals the Great War waged by King Dutu Gamunu against Elara.
The writer states that this reason alone should not be a reason to maintain the Executive Presidency.
Mahinda Rajapakse would have done same if he was the Prime Minister. He could have still utilised the services of Gotabhaya Rajapakse and Sarath Fonseka, the brave stalwarts who were directly responsible for bringing us the war victory (other leaders who worked with absolute commitment and dedication like Wasantha Karannadoda, Roshan Gunathilake etc should not be forgotten).
We should bear in mind that Sirima Bandaranaike as the then Prime Minister successfully repulsed the 1971 JVP insurrection. She did not possess Executive Presidential powers then.
The writer stresses that though the Executive Presidency helped us to crush the terrorists, it is not a reason for us to keep same forever.
JR Jayawardane did not create the Executive Presidency to curb a terrorist war. It was his mere desire to possess total power.
The writer states that the Executive Presidency has now reached its ‘expiry date’ and it should be abolished. He outlines the following further reasons:
Since winning the war in 2009, the country has grown into a ‘different country’. Today our priority is not curbing a terrorist war, but, sustainable economic development. Reconciliation has also become a main focus of the governments (the writer stresses that reconciliation should not be a ‘one-way street’; it is unfair to demand one section of the community (ie Sinhalese) to make all the commitments/sacrifices).
Sadly, since winning the war, the Executive Presidents rather than strengthening the military has taken action to weaken them. Scores of military camps have been closed in the north and the east and the trend continues. The military run cafes, cafeterias, guest houses that the southern visitors to the north used to patronage were closed down. The valuable LTTE sites that the military maintained (like Prabhakaran’s mansions/swimming pools, LTTE bunkers, Soosai’s home etc), which southerners and foreign tourists were eager to view were demolished/destroyed. They were incentives for the southerners to visit the north, such visits (seldom now) are an integral part of creating ethnic harmony/reconciliation. Furthermore, the LTTE sites were important to be kept (under the military control) as the northerners would then not forget the atrocities committed by the meglomanic terrorist leader.
The governments under the Executive Presidents have failed to build hostels, pilgrims rests etc in the north and the east for the southerners visiting those areas as they are essential to their safety. Today, Sinhalese visiting the north and the east are struggling to find safe accommodation, bearing in mind the emergence of various armed groups like the Ava group.
The Executive Presidents have failed to resettle the displaced Sinhalese and the Muslims in the north and the east. Nothing was done to assist the average Sinhalese in the south who wants to set up a home for themselves in the north or the east. Wigneswaran led NPC government took a heavy hand on the Sinhalese who wished to live in that province and did all it could to stop same from happening. Even placing a new Buddha statue in a public place for worship was opposed by that administration. The list of discrimination/racism against the Sinhalese by the Wigneswaran led Northern Provincial Government (NPC) is a long one.
In the recent past, under the rule of the Executive Presidents even the military that are stationed in the north and the east have been largely confined to barracks. It is stated that more than 60,000 acres of land that the Army had occupied had been disbanded in the past few years. The writer is unsure of these numbers. There is more land to be released before the end of this year.
Again all those decisions have been taken by the Executive Presidents in their capacity as the Defence Minister.
It is strange that such actions have received little criticism. People in the south seem uninterested about the north and the east, as long as they remain parts of Sri Lanka. This is not wise thinking on their part.
Whether a Prime Minister with executive powers would act differently is a matter that cannot be addressed now. No one can predict who would become the country’s first and subsequent executive Prime Ministers. It is not relevant to the matter that is at hand.
The good thing is that the proposed executive Prime Minster will be estopped from acting arbitrarily; it is a must that he/she will have to work in unison with the cabinet of ministers.
Under the present system, the President could take decisions willy nilly. As enunciated above, since ending the war they have made lots of bad decisions. It is possible that the country may pay dearly for them one day.
The writer states that overall, the Executive Presidency has failed the country. It has not solved people’s problem. It has failed to find solutions to people’s new problems.
An important criteria of Westminster democracy is that important decisions of a country should not be taken by just one person. They are taken by a cabinet of ministers presided over by a Prime Minister. This is fundamental to most democratic governments such as UK, Canada, Australia, India, Malaysia, South Africa, New Zealand, Papua New Guinea and Singapore. We were also like them prior to 1978.
One major drawback in the current system is that the Presidnet is not directly answerable to the Parliament. He does not attend parliamentary sittings and answer questions. But, under the proposed system the cabinet presided over by a Prime Minister will be directly answerable to the people, through the parliament. This is the ‘Supremacy of the People’ maintained through the Parliament.
Some argue that in Sri Lanka the cabinet may be comprised of ministers who would favour separatism and also that the future executive Prime Minister may not act in the best interests of the country. But, this is a hypothetical argument that cannot be addressed here.
If there is a fear that the executive Prime Minister as chairperson of the cabinet would heed to unfair minority demands, then same or more fear should exist if that person is elected by the people as the Executive President.
Say, a person against whom the people have doubts about becoming the proposed Prime Minister becomes the President after winning at a Presidential election, then those people should be extra alarmed. This is because the current Executive President has more powers than the future executive Prime Minister.
Again, it is much better for a group of persons to discuss issues and make decisions consensually, rather than one single person (the Presidnet) making them of his/her own. Note Dr NM Perera’s above statement.
What if an Executive President decides to act solely and close all military camps in the north and the east, merge the north and the east or release all political prisoners (as the Commander in Chief of the armed forces and Defence Minister he does have such powers). We would have no recourse at all then. Impeaching him/her would not be a solution as the ‘horse had then bolted’. The good thing in the proposed system is that the Prime Minister as chairperson of the cabinet would not have such exclusive powers to exercise. His/her powers will be much limited.
Some argue that one would not be able to place trust in the cabinet and maintaining the status quo is the best option. They see the current Executive Presidency as a safety net for the majority Sinhalese. They argue that since the President of Sri Lanka would always be a Sinhalese, it is safer to have the present system. This argument has no substance. Under the proposed system, the likely Prime Minister will emerge either from the SLFP (Pohottuwa included) or UNP. And leaders of those two parties have always been a Sinhalese. In any case, our history is such that there had been Sinhala kings who had been unfaithful to the nation. There had been kings who had betrayed the nation.
We should also realise that in the future no one would be able to win a Presidential Election without the minority’s support. This means even a future Executive Presidnet will have to make promises to secure the minority vote. This is what happened in the 2015 Presidential election.
The President is now carrying out the promises he had made to TNA at the 2015 election – to release military land in the north and the east to people and various provincial government instrumentalities. It may perhaps be that certain military camps are required to be close down for this purpose. The writer is unaware of the details. He fears that these action could have serious ramifications.
A main reason why the Executive Presidency should be abolished is the emergence of the situation where the President and the Prime Minister coming from opposing political parties and failing to work as a team, and start to ‘fight’ among themselves. Such a situation is a recepie for disaster. It is the country that will suffer and the people will have to pay a huge price for their leaders’ egos. Due to close elections that we are bound to have in the future, such situations could become the norm of the day.
More reasons why the Executive Presidency should go:
Costs
Today the President’s office has become a mammoth establishment. It is so giant; it is capable of running the country single handedly by itself.
The writer has read that at least Rs 200 million is required to sustain the Executive Presidency each day. In the Parliament, it was recently revealed that an amount closer to Rs 5500 million was spent as the President’s expenditure over a 3 or 4 months period. The writer is unsure about the correctness of these amounts. They could be less or even more. In any case, it seems that the money required to sustain the Executive Presidency is enormous in any standard – even for a rich country.
Duplicity in work
The government ministries and the office of the Executive President seem to carry out the same functions in different forms. This is a clear duplication of work.
Currently, the government enacts policies in the parliament and implements them through the ministers. The cabinet is presided over by the President. At the same time the Presidential secretariat runs its own policies and implements them through various staff. For this, a large staff is attached to the Presidential Secretariat. The exact number of Consultants, Secretaries, Directors and other staff work for the President is unknown, they must be in the hundreds or even in the thousands.
Under the 19th Amendment the President’s authority is now restricted and the President is allocated only two ministries. This is good.
But, it is not a secret that the Presidents are likely to interfere in the works of the government ministers, bypassing the authority of the Prime Minister, who is currently above the ministers. The President can give direct orders to ministry secretaries. This conflicts with the work that the ministers undertake.
Again, basically, the Presidnet and the ministers doing the same or similar work differently is a clear duplication of work. Then, vast sums of money are wasted. Especially as both the President and the ministers spend large amounts of money to publicise their work.
For example, the Agriculture department has its own grow organic food scheme, the President’s office runs a similar program. The government’s social service programs such as Samurdhi, Gamperaliya and Enterprise Lanka are directly in conflict with the President’s Grama Shakthi program. The government has grassroots level presence in the villages through Grama Sevakas, Samurdhi officers etc. The President’s office has a Purawesi Athwela program. There exists an Economic Development ministry, then the President runs his own National Economic Council. The list goes on.
The President currently is in charge of the ministries of Defence (the ministry of Law and Order is included), Environment and Mahaveli, the President’s fund, and the Sanvardhana Lottery.
It is stated that the President’s fund is not subject to audits (from inception). If this is true, it is not good. There should be checks and balances against all public funds/accounts.
Usually the President makes appointments of the High Commissioners and Ambassadors. Here, again one person making important appointments of his own.
Fortunately, the President’s powers are curtailed by the four Independent Commissions (19th Amendment).
Mismanagement and maladministration
There are hundreds or thousands of vehicles in the President’s Office vehicle pool. Some of the vehicles used by the pre-2015 January administration were unable to be located several months into the new administration.
Thousands of people are attached to the Presidential security division.
Hundreds of people work in the President’s media section.
These are enormous bureaucracies within the President’s office.
The irony is that similar offices are maintained by another arm of the Executive – the office of the Prime Minister and the Cabinet.
A large number of prime governmental buildings have been allocated for the use of the President’s office. A number of buildings, mainly in Fort, have been taken on lease, the rent paid is unknown, but must be substantial.
Sri Lanka, a heavily debt ridden country, cannot afford to sustain ‘two machinery of executive governments’ – the office of the Executive President and the Prime Minister and the cabinet (ministries). Surely, one of them must be disbanded. It should be the office of the Executive President that must go. This must happen as early as conveniently.
Proponents of the current system
Those who want to keep the current Presidential system in tact state that there is an attempt to divide the nation through the proposed 20th Amendment. It is too premature to make such a critique as the bill to amend the Constitution through the 20th Amendment by JVP has not yet been released to the public. In the event that it has been released (recently) the writer has not yet perused same. Hence, he cannot comment about the criticism.
As patriots, we have fought tooth and nail to oppose provisions to amend the Constitution that are harmful to the country’s sovereignty and territorial integrity. We will continue to fight for same in the future.
It is important to bear in mind that abolition of the Executive Presidency and amending the Constitution to grant more powers to the provinces (in realty to the north and the east) are two separate issues. The TNA is hell bent on asking for the latter – the Constitutional amendments. It is difficult to see how abolishment of the Executive Presidency would advance secession.
It is the people through a referendum that could determine such things as whether or not a Tamil Eelam should be created (not by the incoming executive Prime Minister – whoever it would be).
13th Amendment
The writer states that when abolishing the Executive Presidency the 13th Amendment should also be abolished. The Provincial councils are also a giant white elephant. The provincial councils are a useless administrative machinery and are unsuitable for a small country like Sri Lanka. It is good for geographically big countries like India, Canada and France. Note that Australia has provincial governments but smaller New Zealand does not have them.
What Sri Lanka needed is a strong central government with power decentralised through GAs, Pradeshiya Sabhas and Municipal Councils. This is what we had under the old Saulbury Constitution.
We know that though majority of the people want the abolition of the provincial councils, unfortunately, there is no political will to do so. All major political parties want to preserve them.
There were opportunities to quash the 13th Amendment in May 2009 (soon after winning the terrorist war) and in 2012 before establishing the NPC. What we demanded in 2012 was to abolish all 9 provincial councils through a nationwide referendum. But, the then government was disinterested in the proposal. The then government was determined to establish the NPC knowing well that Wigneswaran was becoming the TNA’s Chief Minister (his candidature was announced prematurely).
Since inception in 1987, so much ‘water has flown under the 13th Amendment bridge’, it is unlikely that the legislatures would agree to dismantle the provincial government system. This is unfortunate (like many Sri Lankans, the writer will be extremely happy if this giant while elephant is abolished).
JVP proposals
The writer is not a proponent of the JVP proposals to abolish the Executive Presidency. This is because he has not seen the full set of the proposal. But, he states prima facie the JVP proposals sound good. The writer fundamentally agrees with the fight launched by Ven Maduluwawe Sobhitha Thero that the Presidential system should be abolished. In the ITN interview that the venerable Thero participated just prior to his demise in 2016; what he professed therein about the abolition of the Executive Presidency is totally correct.
Non-Executive President
The writer agrees that a non-Executive President should be appointed and he/she should be the nominal head of the state. That position can be appointed by the majority vote of the Parliament.
The writer opposes giving extraordinary powers to the said nominal President such as the Defence power and any ministries. Like in India the non-Executive Presidnet could be the ceremonial head of the defence forces, without specific powers such as giving orders to defence establishments. Defence should be a separate cabinet ministry and defence related decisions should be taken jointly by the cabinet and the Prime Minister. If we have a smaller cabinet (less than 30), it is easy to maintain cabinet confidentiality. The cabinet will arrive at defence decisions upon receiving briefs from the heads of the military.
Ideally, the future non-Executive President should be akin to HE William Gopallawala who undertook Presidential duties between 1972 to 1977. If more powers are given, it will be creating a very complicated situation.
The Australian Governor General is also a good model to have a look at.
End
It is the stance of most of the patriots that the current Executive Presidency should remain in tact. Of course, their points of view must be given due regard and respect.
They say this also owing to placing faith in a particular individual, who if elected, would no doubt act in the best interests of the country. But, laws cannot be enacted to suit any particular person, and about things that may or may not happen in the future. A country’s interests are far more important and greater than that of an individual.
The writer opposes the inclusion of granting Land and Police powers to the provinces in the proposed 20th Amendment. The 20th Amendment should be confined to abolishing the Executive Presidency only (and abolition of the 13th Amendment if the legislature and the people at a referendum so agree).
But, provisions could be included in the 20th Amendment to dismantle the appointment of MPs by way of the National List (chit MP system) and allowing political parties to suspend/dismiss MPs who crossover to other parties. These are important reforms that will strengthen our democracy.
Once a Constitution, is made (20th Amendment), it should not be subjected to further amendments. Constitutions are not like a ‘Dogs Act’ that can be subjected to repeated amendments. They should not be varied in accordance with the desires and fancies of individuals. The British, Australian, New Zealand, US and Singaporean Constitutions have never or rarely been amended. That is the main reason why those countries have no constitutional crisis. They run strong governments. From 1948 to 1977, we had no constitutional crisis. Since 1978, we have amended our Constitution 19 times!
Once the 20th Amendment is enacted, it is possible that the legislatures would start discussing the 21st Amendment!
That way of governance is reckless and the consequences could be dangerous.
In this article, the writer has shown that abolishment of the Executive Presidency is a very good move. It would allow us to achieve a stable, conflict less, one Sri Lanka. He has also shown the huge costs benefits that such an abolition would bring us.