{"id":77852,"date":"2018-05-29T15:15:06","date_gmt":"2018-05-29T22:15:06","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=77852"},"modified":"2018-05-29T15:15:06","modified_gmt":"2018-05-29T22:15:06","slug":"an-open-letter-to-mr-mahinda-rajapaksa-former-president-of-sri-lanka-re-the-jvps-20a-and-also-continuing-attempts-by-the-government-to-bring-a-new-constitution","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2018\/05\/29\/an-open-letter-to-mr-mahinda-rajapaksa-former-president-of-sri-lanka-re-the-jvps-20a-and-also-continuing-attempts-by-the-government-to-bring-a-new-constitution\/","title":{"rendered":"AN OPEN LETTER TO MR. MAHINDA RAJAPAKSA, FORMER PRESIDENT OF SRI LANKA RE THE JVP\u2019S 20A AND ALSO CONTINUING ATTEMPTS BY THE GOVERNMENT TO BRING A NEW CONSTITUTION"},"content":{"rendered":"

DHARSHAN WEERASEKERA, Attorney-at-Law<\/strong><\/em><\/span><\/h2>\n

Dear Mr. President<\/strong>:\u00a0 The newspapers report that the JVP has filed the 20A with the Speaker.\u00a0 Independently of this, there are reports that the Constitutional Steering Committee has requested its \u2018experts\u2019 to prepare a Final Report and Constitutional Proposal.[1]<\/a>\u00a0 The Steering Committee filed its Interim Report in September 2017, and at least as far as is known to the public, debate on the said Report in Parliament was put off indefinitely<\/em> in January 2018.<\/p>\n

The point is this.\u00a0 Having studied the tactics of Sirisena and Ranil (\u2018Siri-Wiki\u2019) for nearly three years now, I am confident these latest attempts at amending the Constitution are their last ditch effort to postpone elections in 2020, and either stay in power till 2025 or beyond, or at any rate ensure that the \u2018Yahapalayana\u2019 agenda, so devastating to the interests of the Sinhalas as well as the country as a whole, continues beyond 2020.<\/p>\n

You are the undisputed Leader of the Sinhalas.\u00a0 I am convinced that, what is now shaping up is the \u2018Final Battle\u2019 between Siri-Wiki and those backing them on the one hand, and the Sinhalas on the other.\u00a0 Your conduct will be the decisive factor in who ultimately wins this battle.\u00a0 The question is whether you take a rock-solid stance against these attempts to change the Constitution, or waver, hedge and equivocate?\u00a0 I would like to take a few moments to bring the following five matters to your attention:<\/p>\n

    \n
  1. The Peril that the Sinhalas are facing<\/li>\n
  2. Siri-Wiki\u2019s options at the moment<\/li>\n
  3. Siri-Wiki\u2019s Plan<\/li>\n
  4. The tactic they have used to trap you during these past three years, and what I think will be done this time also<\/li>\n
  5. My appeal to you<\/li>\n<\/ol>\n

    1).The Peril of the Sinhalas<\/u><\/strong><\/p>\n

    I\u2019ll confine myself to just the 20A because it is not yet clear how the Steering Committee will play its hand.\u00a0 The fact that the JVP with four seats in Parliament has even dreamt of bringing a constitutional amendment means that Ranil is behind this attempt.<\/p>\n

    If Ranil is behind it, then the UNP will back it.\u00a0 Also, if Ranil is behind it, it is a safe bet that Sirisena is behind it as well, or at any rate will provide his 45 SLFP\u2019ers \u2013 I have called them \u2018sleazebags\u2019 in a previous article and that judgment still stands[2]<\/a> \u2013 to help Ranil get a 2\/3 majority and push the amendment\/s through Parliament.<\/p>\n

    To digress a moment, at the 10th<\/sup> February 2018 LG polls, SLFP voters gave Sirisena a terrific body-blow, making it absolutely clear that he had no right to use his 45 \u2018sleazebags\u2019 to carry on a \u2018National Government\u2019 with the UNP.\u00a0 However, Sirisena has managed to survive this setback because of the Joint Opposition\u2019s (JO\u2019s) debacle with the Vote of No Confidence against the PM.\u00a0 He has cleverly divided his forces, keeping about 10 with him, \u2018releasing\u2019 about 20 to the UNP, and sending 16 to you.<\/p>\n

    It is my considered opinion that, Sirisena still has as firm a grip over the \u201845\u2019 as he ever did, and will use them to his advantage as and when he chooses.\u00a0 That leaves your 50 JO\u2019ers.\u00a0 Of this, I think about 10 \u2013 15 are shaky, i.e. they might back Sirisena under the right circumstances.\u00a0 That means you (along with the Sinhalas) are left with roughly 35 MP\u2019s on whom to rely in a crunch.<\/p>\n

    In short, if the 20A or any other constitutional amendment that Siri-Wiki table in Parliament goes to the wire, it will pass<\/em>.\u00a0 That\u2019s the reality.\u00a0 I hope I am wrong in this, but it is better for the Sinhalas to mentally prepare for this nightmare scenario.\u00a0 It means that, the only safeguard left for the Sinhalas is the Referendum.\u00a0 Unfortunately, there\u2019s a huge problem with this as well, to which I will turn in a moment.\u00a0 But first, let\u2019s look at Siri-Wiki\u2019s options.<\/p>\n

    2). Siri-Wiki\u2019s Options<\/u><\/strong><\/p>\n

    I take as a premise that, at the 2020 Parliamentary Elections, Siri-Wiki will suffer a crushing defeat.\u00a0 If Siri-Wiki lose in this fashion, a) they will have nothing to look forward to in their respective retirements but endless trips to courtrooms and\/or jails in order to account for their actions during the past few years, and b) the Sinhalas will finally get a chance to put the country on the right track by inter alia<\/em> bringing fundamental constitutional changes including the repeal of the 13A.<\/p>\n

    Needless to say, Siri-Wiki can\u2019t afford to let the above happen.\u00a0 More important, the Foreign Powers \u2013 the U. S., India and the U.K. along with the Tamil Diaspora, that, each for their own reasons helped bring Siri-Wiki to power \u2013 cannot afford to let it happen.\u00a0 They will therefore put their full weight behind Siri-Wiki to ensure that the latter continue in power beyond 2020, or at any rate the main thrust<\/em> of the \u2018Yahapalanaya\u2019 agenda continues, albeit even with a change of faces at the top.<\/p>\n

    There are only two ways to prevent the aforesaid crushing defeat of 2020:\u00a0 a)\u00a0 to somehow or other postpone<\/em> the 2020 Elections, or b) have those Elections held earlier<\/em> than 2020, that is, when the Sinhalas have not yet fully mobilized, and also when they have not yet fully formulated their post-elections plans including constitutional changes.\u00a0 Siri-Wiki can achieve either of these goals by pursuing a constitutional amendment such as the 20A followed by a Referendum.\u00a0 In my view, they have three options, as follows:<\/p>\n

    a) Go for a referendum and win.<\/strong><\/p>\n

    Siri-Wiki have a good chance of winning a referendum if they can marshal the same coalition that got Sirisena elected, plus, rig the referendum just to be on the same side.\u00a0 If they win the referendum, they can claim that the people have renewed the \u2018January 8th<\/sup> Mandate\u2019 or some other such excuse and postpone the 2020 Elections, for instance by way of another referendum, the tactic J.R. used in 1980.<\/p>\n

    b)Go for a referendum and lose, and hold early elections.<\/strong><\/p>\n

    If Siri-Wiki lose the referendum, they\u2019ll have to dissolve Parliament and go for elections.\u00a0 But, this is not such a bad idea at the moment, if one looks at it from their point of view.\u00a0 The simple fact is that, your Party the SLPP is not in a position to win a national election at the moment.\u00a0 One would have thought they were, but the No Confidence Vote fiasco proved otherwise.<\/p>\n

    If the UNP fields a strong team, and also has the support of the minorities, it will probably come out on top.\u00a0 This is especially so if Sirisena\u2019s \u2018sleazebags\u2019 contest under the SLPP banner.\u00a0 The simple fact is that, most voters simply can\u2019t stand the sight of these \u2018sleazebags.\u2019\u00a0 I can\u2019t speak for others, but I for one will not vote for the SLPP if a single \u2018sleazebag\u2019 of Sirisena\u2019s contests under the Party\u2019s list.\u00a0 At the very least, they should sit out a term as penance for their \u2018sins.\u2019<\/p>\n

    The point is that, if the elections were held today, the SLPP will not crush Siri-Wiki, which is what the Sinhalas need, and what Siri-Wiki want to avoid at any cost.<\/p>\n

    c)Cut a deal with the JO that if they support the 20A there will be early elections. <\/strong><\/p>\n

    This is the deal that was dangled in front of the JO a few weeks ago, and if I\u2019m not mistaken a JO\u2019er had even said they might be interested in it.\u00a0 That was before you shut it down.\u00a0 Anyway, this option leads to the same results as point \u2018b\u2019 above.\u00a0 I will now turn to the trap that I think they will lay for you in order to get you to take one of the above routes, preferably \u2018A\u2019 because that is the best one from their point of view.<\/p>\n

    3). Siri-Wiki\u2019s Plan<\/u><\/strong><\/p>\n

    The trick for Siri-Wiki is to get you to support the 20A (or whatever other amendment they bring) or at any rate to be lukewarm<\/em> in your opposition to it, so that \u00a0it sails through Parliament with a 2\/3 majority and even a number of JO\u2019ers will vote for it.\u00a0 This will set up the referendum, which is where Siri-Wiki plan to bury you.<\/p>\n

    Siri-Wiki hope to confuse, divide and demoralize the Sinhalas in the run-up to the referendum, while they (i.e. Siri-Wiki) along with the minorities and the NGO\u2019s with their unlimited funds from foreign backers mount a focused campaign.\u00a0 For the Sinhalas, imagine the following scenario at any given JO rally in the run-up to the referendum:<\/p>\n

    On the same stage, the 16 \u2018rebels,\u2019 many of whom were rejected<\/em> by the voters in 2015, (as I said earlier many voters can\u2019t even stand the sight of these \u2018sleazebags\u2019), a good number of JO stalwarts, who made complete asses of themselves in the No Confidence Vote against the PM, and finally, the Left \u2018intellectuals\u2019 all braying at the top of their lungs against the 20A, or whatever other amendments Siri-Wiki put on the table.\u00a0 Who will believe this lot?\u00a0 It\u2019ll be a complete circus.\u00a0 This is exactly<\/em> what Siri Wiki want.<\/p>\n

    On the other hand, if you fight the amendment in Parliament, it\u2019ll give the Sinhalas time to mobilize, and also, more important, set out from the very start the main points on which the amendments in question must be rejected.\u00a0 That way the arguments that will be made in the course of the campaign are clear from the very start.\u00a0 \u00a0The line that divides the \u2018For\u2019 camp from the \u2018Against\u2019 camp is absolutely clear from the very start.\u00a0 Siri-Wiki can\u2019t afford to let this happen.\u00a0 This is where the trap comes in.<\/p>\n

    4) The Trap<\/u><\/strong><\/p>\n

    In order to understand the trap, I must briefly review the tactic that they have used to trap yoo on at least 3 key occasions in the past three years, to wit:\u00a0 a) get you to contest the 2015 General Elections under the UPFA banner with Sirisena\u2019s blessing, b)\u00a0 to get the JO to sign on to the Framework Resolution that established the \u2018Constitutional Assembly\u2019 on 9th<\/sup> March 2016 so that the resolution could be adopted unanimously, and c) get the JO to file a No Confidenec Motion against the PM.<\/p>\n

    I have discussed the tactic used in \u2018a\u2019 and \u2018b\u2019 above in an article titled, \u2018The Constitutional Deathtrap,\u2019 published on lankaweb.com<\/em> on 23rd<\/sup> August 2016, and refer you to that for more details, but in brief, the tactic has 6 steps, as follows:<\/p>\n

      \n
    1. By way of an interview or an article, a mole (usually an \u2018intellectual\u2019) working in cahoots with Siri-Wiki puts out the desired goal: for instance, that the best thing for MR to do is to contest under the UPFA, that [the aftermath of the 10th<\/sup> February 2018 LG Pools] is the perfect chance to get rid of Ranil, etc.<\/li>\n
    2. Then, a faction within the JO also takes up the aforesaid position.<\/li>\n
    3. Then, a group of Sirisena\u2019s men make a pretense of quarrelling with him over the matter in \u2018ii\u2019 above. They subsequently leave Sirisena and go over to the JO, to pursue \u2018ii\u2019.<\/li>\n
    4. Many rounds of \u2018discussions\u2019 between the \u2018rebels\u2019 and the JO follow, until finally the \u2018rebels\u2019 also embrace the JO\u2019s position in \u2018ii,\u2019 with a few minor changes.<\/li>\n
    5. The JO adopts the position in \u2018ii\u2019 and acts on it, the result being that Siri-Wiki get exactly what they wanted all along.<\/li>\n
    6. After a few days, the \u2018rebels\u2019 go back to Sirisena.<\/li>\n<\/ol>\n

      I invite you to consider how the JO came to file a Vote of No Confidence on the PM.\u00a0 First, recall that SLPP voters \u2013 who were in effect UPFA and SLFP voters of 2015 \u2013 never called for Ranil\u2019s head either going into the LG polls or immediately afterwards.\u00a0 I was a Pohottuwa voter, and I couldn\u2019t care less if Ranil continued as PM.\u00a0 My concern was that Sirisena had no right to continue with the \u2018National Government\u2019 because his 45 \u2018sleazebags\u2019 did not have a mandate from their voters to engage in such action.<\/p>\n

      So, the idea that Ranil should be got rid of, rather than the \u2018National Government,\u2019 was put<\/em> to the people:\u00a0 it was planted<\/em> in a very clever way.\u00a0\u00a0 Next, a number of JO stalwarts began to make a hullabaloo calling for Ranil\u2019s head.\u00a0 It seemed as if, all of a sudden, these JO\u2019ers couldn\u2019t live a single second if Ranil remained PM.<\/p>\n

      Then, predictably, a number of Sirisena\u2019s men also started calling for Ranil\u2019s head.\u00a0 To make a long story short, the JO\u2019ers filed the No Confidence Motion thinking that Sirisena\u2019s men were firmly behind them, which they were not.\u00a0 No doubt the JO\u2019ers were also assured (by Sirisena\u2019s men) that a significant number of UNP\u2019ers would join the plot at the right moment.\u00a0 And so the JO filed the motion.\u00a0 Sirisena\u2019s men left them holding the bag.\u00a0 The promised UNP defections didn\u2019t happen.\u00a0 And it was a disaster.<\/p>\n

      The result:\u00a0 Sirisena lived to fight another day.\u00a0 I won\u2019t belabor the point.\u00a0 Now, Sirisena has moved his men into place gain, and is poised to strike again.<\/p>\n

      I predict the following.\u00a0 In the coming days and weeks, there will be a steady barrage of articles and interviews by various pundits suggesting that the 20A is the perfect chance to get rid of the Government.\u00a0 All that needs to be done is to go for a referendum that [we will be told] the Government will surely lose.<\/p>\n

      Next, there will be a group of JO stalwarts who start saying the same thing.\u00a0 And then, Sirisen\u2019as \u201816\u2019 will join the chorus as well.\u00a0 Then, the JO stalwarts and Sirisena\u2019s 16 will start having \u2018discussions.\u2019\u00a0 And so, the farce will go\u2026until the 20A or whatever other amendment Siri-Wiki want sails through Parliament with the JO\u2019s tacit backing!<\/p>\n

      5)My Appeal<\/u><\/strong><\/p>\n

      My appeal to you is, \u2018Please do not fall into the aforesaid trap!\u2019\u00a0 \u00a0Instead take an unequivocal stance against the 20A or whatever other constitutional amendment Siri-Wiki or their agents put on the table.\u00a0 This will:<\/p>\n

        \n
      1. Keep the \u2018shaky\u2019 JO\u2019ers within your ranks.<\/li>\n
      2. Perhaps get Sirisena\u2019s \u2018Sleazebags\u2019 to vote against the amendment\/s in Parliament, which will deprive Siri-Wiki of a 2\/3 majority for once, and end the amendment\/s in Parliament itself. This is the optimal result for the Sinhalas.<\/li>\n
      3. Most important, give the Sinhalas time to mobilize.<\/li>\n<\/ol>\n

        Some people might say, But, isn\u2019t it a good idea to at least discuss<\/em> the pros and cons of abolishing the Executive presidency, devolving more power to the Provinces, etc.?\u2019\u00a0 I reply, \u2018Certainly, but not at the moment.\u2019 The Sinhalas can discuss all those questions and more when they have a Government of their own.<\/p>\n

        The only question right now is whether it is in the interests of the Sinhalas to trust a Government as corrupt, dishonest and scheming as the present one to meddle with the Constitution.\u00a0 As far as I\u2019m concerned any person who thinks the aforesaid is a good idea is either an idiot, a glutton for punishment, or in on it with Siri-Wiki.<\/p>\n

        Those then are some of my thoughts on the related issues, Mr. President.\u00a0 I apologize for asking so much of your time.\u00a0 I trust this finds you well.<\/p>\n

        [1]<\/a> I am relying for this on an article in the Daily Mirror<\/em> of 26th<\/sup> May 2018, titled, \u2018Constitution-making Experts\u2019 Committee Asked to Submit Paper Within Two Weeks.\u2019<\/p>\n

        [2]<\/a> An article in the Daily Mirror<\/em> of 26th<\/sup> May 2018 titled, \u2018Yes, I Received 1M Cash Cheque,\u2019 details how a prominent member of this group of \u201816\u2019 has now admitted that he received a million rupee \u2018donation\u2019 from disgraced bond scammer Arjun Aloysius\u2019 Company.\u00a0 From what I understand, the position of the aforesaid member is in essence, \u2018Yes, I took the money, but I was not the only one.\u00a0 Other people took even more.\u2019\u00a0 In short, \u2018Everyone is a crook, so no one is a crook!\u2019\u00a0 I repeat, my judgment as to the \u2018sleazebags\u2019 remains.<\/p>\n","protected":false},"excerpt":{"rendered":"

        DHARSHAN WEERASEKERA, Attorney-at-Law Dear Mr. President:\u00a0 The newspapers report that the JVP has filed the 20A with the Speaker.\u00a0 Independently of this, there are reports that the Constitutional Steering Committee has requested its \u2018experts\u2019 to prepare a Final Report and Constitutional Proposal.[1]\u00a0 The Steering Committee filed its Interim Report in September 2017, and at least […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[117],"tags":[],"class_list":["post-77852","post","type-post","status-publish","format-standard","hentry","category-dharshan-weerasekera"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/77852","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=77852"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/77852\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=77852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=77852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=77852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}