As the Steering Committee of the Constitutional Assembly forges ahead, it has become visible that the principal parties of the government-the United National Party (UNP) and the Sri Lanka Freedom Party- has different priorities in making the new Constitution to replace the current one.
The Committee met with Prime Minister Ranil Wickremesinghe in the Chair on Tuesday, and discussed the way forward.
The UNP is primarily for the abolition of the executive presidency whereas the SLFP headed by President Maitripala Sirisena thinks otherwise. Alongside, it stands for power devolution. President Sirisena, in fact, committed to scrap the system in the run up to the January 8th Presidential Election. He made an avowal to that effect at the funeral of Ven. Maduluwave Sobitha Thera who spearheaded a campaign for good governance. That was how he garnered the support of various political parties and civil society organizations including the National Movement for Social Justice spearheaded of Ven. Sobitha Thera.
One year after ascendancy to the top office, it is now seen that the SLFP, as a whole, is not in favour of such total abolition of executive powers to be vested with the Legislature, regardless of the President’s pre-poll commitment to the country.
Instead of working towards evolution of a power devolution model and abolition of executive powers, the SLFP Central Committee that met on Tuesday evening resolved to push for the incorporation of electoral reforms in the form of 20th Amendment to the present Constitution on a priority basis.
At the meeting, SLFP stalwart State Minister of Highways Dilan Perera sent a reminder to the party on the pledge made by it in this respect.
“We, SLFP, raised our hands in support of the 19th Amendment. We made our support conditional to the enactment of electoral reforms at a later stage as the next step of constitution making. Now, we have to move for it,” he told the meeting.
His position was widely asserted and endorsed by other members of the Central Committee, eventually making it the party’s stand. Among the political parties, consensus remains that the country should make a departure from the present Proportional Representation System for a mix of it and the First Past the Post System. In contrast, no common understanding is found on the formula proposed on the proportion of seats to be allocated under each system . In the past, various formulas have been worked out determining the proportions of MPs assigned for the Proportional Representation System and the First Past the Post System under a mix. All efforts were in vain as the parties could not see eye to eye. Resistance emanated mostly from the minor and minority parties. Every time, the proposals did not make their way to the Legislature for enactment. Only on one occasion during the 100 day national unity government, was the proposals for electoral reforms, endorsed by the Cabinet, announced in a gazette notification.
It is now learnt that the minority parties, particularly the Muslim parties, are opposed to the latest formula on electoral reforms as they stake a bigger share for the Proportional Representation System under a mix formula.
The two main parties, however, remain confident at the Steering Committee that consensus could be reached on electoral reforms this time. Yet, they differ on priority to be attached to the incorporation of it at the moment.
The UNP is of the view that it has received a mandate from people at the last parliamentary election for devolution of power to the minorities under a new Constitution. It is for the evolution of electoral reforms, but insists that any enactment should be done along with a power sharing arrangement reached with the minorities.
“There was an overwhelming majority from the north and the east for a change of government. That was a mandate for devolution of power. We should go for it along with electoral reforms. Both have to be done at the same time,” a UNP source said.
At Tuesday’s meeting, along with Mr. Dilan Perera, Minister Nimal Siripala de Silva made mention of the need to work out electoral reforms.
Traditionally, the UNP is a party advocating extensive sharing of powers between the centre and the periphery whereas the SLFP relies more on central control. The UNP’s rank and file will not stand firm against power sharing as such, but SLFers will do against such a move. Therefore, the SLFP leadership has to make a cautious approach in moving towards that direction.
The two sides stick to their own positions refusing to budge, and it indicates that consensual approach for constitution making is no easy task as things stand at the moment. Let alone, the government has committed to the United Nations Human Rights Council (UNHRC) to offer a political solution.
Some civil society movements that backed the President are now accusing him of backsliding of his commitments made solemnly to the UNHRC.
CC a Rubber Stamp for Govt’s Political Will-JO
In the meantime, the Joint opposition, which mainly consists of a SLFP section loyal to former President Mahinda Rajapaksa, believes that various committees serves as instruments for the government to get its political will implemented. Its constitutional expert former Minister Prof. G.L. Peiris charged that the Yahapalana Government came to power with the promise to bring about a new political culture.
“The main theme was de-politicization. Therefore, Independent Commissions were established. But, the Constitutional Council that makes appointments to these Commissions violates the Constitution,” he said.
Prof. Peiris said the Constitutional Council had failed to define its procedure for making appointments. He said it happened in the appointments of Inspector General of Police and the Attorney General.
“It sent three names in one case and one name in the other. It has failed to define its procedure. It has become an instrument for the government to get its political will implemented. It has become a mere rubber stamp,” he said.
Also, he rebuffed the government for what he called different application of law.
“Today, Buddhist monks are arrested for keeping elephants for religious processions. Another opposition politician is arrested for a case of abuse of two vehicles. However, the secretary of the ruling alliance complained to the Bribery Commission against the Central Bank Governor for causing losses amounting to billions of rupees. However, no action is taken,” he said.
SLFP to reorganize Trade Union Wing
The SLFP Central Committee decided on Tuesday to revamp the party’s trade union wing, and members were assigned to look after workers’ under various fields. For instance, Petroleum and Petroleum Gas Minister Chandima Weerakkody was entrusted with the task of organizing trade unions coming under the agriculture sector. Former Prime Minister D.M. Jayaratne’s son Anuradha Jayaratne was assigned to revamp the trade unions in the petroleum sector. Deputy Minister Lasantha Alagiyawanna is in charge of trade unions in the education sector.
CWC to become SLFP ally formally
Besides, Minister Mahinda Amaraweera said a few more political parties had expressed their willingness to join hands with the SLFP to form a broad political front. Ceylon Workers Congress (CWC) led by MP Arumugam Thondaman is one among them. Also, Mr. Thondaman is planning to take up ministerial responsibilities in the government but it is widely repulsed by his arch political rival Minister Palani Digambaram.
Minister Digambaram of Tamil People’s Progressive Front and Mr. Thondaman are political enemies in the central hills where the Tamils of Indian origin are concentrated. Both remained in the previous UPFA government, but Mr. Digambaram was among those who defected from the then government first to support the candidacy of President Sirisena at the President Election last year. Yet, Mr. Thondaman remained Mr. Rajapaksa. Now, he is planning to join President Sirisena , much to the dismay of Mr. Digambaram’s party.
