Opinion

Joint Opposition To blunt the way to a new constitution

07 Jan 2016 - {{hitsCtrl.values.hits}}

Its initiation through a parliamentary committee comprising all MPs is to be called a ‘Constitutional Assembly’

In the dawn of the New Year, the government is bracing for the celebration of the first anniversary of President Maithripala Sirisena’s ascendancy to office, ending the ten-year rule of Mr. Mahinda Rajapaksa. The election of President Sirisena, with the backing of the United National Party (UNP) as the main political force, made way for a change in the composition of the Legislature at the General Elections conducted in August, last year.

All in all, the present government, a combination of the UNP and a section of President Sirisena’s Sri Lanka Freedom Party (SLFP), have asked the people of this country to observe the first anniversary by hoisting national flags at their houses and public places as a gesture for ushering the country into a new era marked by good governance. In stark contrast to what the government wants people to do, the Joint Opposition that also includes SLFP allies, working under the leadership of Mr. Rajapaksa, have requested their supporters to hoist black flags or national flags at half mast instead, to protest against the present government for its ‘failure’ on numerous fronts.

Be that as it may, it is time for everyone to reflect on the past year to get a proper understanding of achievements on the ground after the change of government on January 9, last year. It is for this reason that one should turn searchlights inwards and reflect on how the country has fared under the new rule, rather than getting carried away by political rhetoric.

Strengthening democratic system under the policy of ‘Yahapalanaya’ or ‘Good Governance’ was the core campaign slogan of President Sirisena’s political camp in the run up to the January 9th Presidential Election. Pledges were made to accomplish this and other targets within 100 days of the formation of the new government. Though the 100 day government, formed for the purpose, failed to stick to the time schedule presented to the people for the implementation of election promises, it actually incorporated the 19th Amendment into the Constitution, providing for the establishment of nine independent commissions, a vital step in the direction of the de-politicisation of the public service, police etc. This was a noteworthy achievement and it elicits praise from those concerned about democratic values.

But, after the completion of one year, is that the sole achievement expected by the people? It is a question to be answered through a retrospective analysis.
Leaving aside the achievement on the democratic front, people, nonetheless, seem to be struggling with a myriad of other problems such as the rising cost of living and low prices of plantation products such as tea and rubber. Paddy cultivators, scattered over several districts, are disillusioned over the lack of chemical fertiliser at subsidized rates to be sprayed on tender plants in time.

Public servants were initially happy about the grant of Rs. 10,000 allowance along with their basic salaries. But, they were perturbed a bit over its non addition to their basic salary scales in the 2016 Budget. Right at the beginning of the New Year, people received more shocks in the form of price hikes of essential items imported to the country, triggered by the tax increases in the 2016 Budget.

There is one school of thought that the present government is yet to to line up its business on the implementation of its own economic policies. Positivists argue that things will fall into proper order resolving the present confusion once the government gets everything on track according to its economic model, fundamentally different to that of the Rajapaksa government. However, another viewpoint is that the present economic woes have been caused by none other than the inefficiency of the government, and its lack of a pragmatic approach to the issues at hand.

When the government completes one year in office, it would be time for people to juxtapose the accomplishment in the democratic arena with issues on the economic front. Then, they could decide whether to raise national flags or black flags.

People have one more matter warranting their serious attention. That is the decision by the government to prioritise the evolution of a new Constitution over anything else. The process will be initiated on Saturday after Prime Minister Ranil Wickremesinghe moves a motion in the House seeking to appoint a Committee of Parliament, comprising all the MPs to be called a ‘Constituent Assembly’. Following this motion, President Sirisena will address Parliament outlining the changes to be worked out.

Nobody is opposed to a change in the present Constitution together with the electoral system. However, a huge public outcry is being built at the moment, particularly by persons and organisations linked to the Joint Opposition against the perceived attempt to change certain entrenched provisions of the present Constitution. These provisions, including the ones outlining the character of the present Constitution as ‘unitary’. The place accorded to Buddhism as the state religion seem to be sensitive, one as a result, will evoke public wrath against any attempt to alter such provisions . Already, the Mahajana Eksath Peramuna (MEP) and Bhikhu organisations have sounded alarm bel in this respect.

The MEP led by MP Dinesh Gunawardena had its central committee met yesterday, and resolved to make every possible effort to nip the government’s attempt in the bud.

“The proposed move will compromise the unitary character of the state and the foremost place accorded to Buddhism. We have to oppose this effort with all vigour and nip it in the bud. We will be branded as racists. It is better to be branded as racists merely for talking on behalf of the country and its people,” Mr. Gunawardena said.

Earlier, the MEP held talks with Leftist parties- the Communist Party, New Left Front (NLF) and Lanka Sama Samaja Party (LSSP) to examine the possibility of working together to thwart the government’s attempt. NLF leader Vasudeva Nanayakkara viewed the government’s constitutional exercise as an attempt to distract public attention from what he called ‘the looming economic crisis’.

The Joint Opposition is doing its homework at the moment to deal with the constitutional exercise of the government. Almost all its MPs attended a kind of workshop at the N.M. Perera Centre in Borella on Tuesday. The Joint Opposition’s constitutional expert Prof. G.L. Peiris , President’s Counsel Manohara de Silva and Dr. Dayan Jayatilake addressed it.

Prof. Peiris said the government’s action was a gross violation of the constitutional procedure. In his speech, he referred to the bridge over the sea between Sri Lanka and India as mentioned by an Indian minister, the never-ending visit of officials from the United States to push for the implementation of the Geneva resolution and the proposed trade pact between India and Sri Lanka touching on sensitive areas.

“All these things are done without information being made available to the people. There seems to be deceptiveness in the evolution of the new Constitution,” he said.

He added that the government was appointing various committees in this respect, and eventually Parliament would become a rubber stamp to approve them.
Civil society organizations, clamouring for constitutional changes with extensive sharing of power with the periphery, are vociferous again. Behind the scenes, they seem to be doing a lot of work. The Centre for Policy Alternatives, a leading NGO voicing minority rights among others, is playing a twofold role.

Its director Dr. Pakiasothy Saravanamuttu said, “The role we play is twofold. One is sharing thoughts, analysis and perspectives on constitution making. That is to provide new perspectives to it. The second is to raise awareness on the importance of a new Constitution.”

The CPA is in touch with constitutional lawyers from different parts of the world. Already, a team of such foreign experts, including one from Norway, have visited Sri Lanka, and got in touch with the Prime Minister’s committee on constitutional reforms.

TPC gathers public views

The Tamil People’s Council(TPC), formed by Northern Province Chief Minister C.V. Wigneswaran, has decided to send its representatives to all the eight districts in the North and the East seeking public views for drafting constitutional proposals.

According to TPC sources, the process would be undertaken this month. The TPC is slated to submit its proposals, on behalf of Tamil people, to the government by March or April. In the meantime, the Tamil media reported that Mr. Wigneswaran had sought the assistance of one-time attorney general Siva Pasupathy to draft these proposals.

Northern Provincial Councillor M.K. Sivajilingam had met with the chief minister on Tuesday evening and inquired about it. Mr. Wignesaran had told Mr. Sivajilingam that he never sought such assistance. Mr. Pasupathy had worked out the proposals for the Interim Self Governing Authority (ISGA) demanded by the LTTE during the peace talks.

According to Mr. Sivajilingam, Mr. Wigneswaran had contacted Mr. Pasupathy over the phone. Mr. Pasupathy, domiciled in Australia, has arrived in the country to see his sister.

Opinion

Joint Opposition To blunt the way to a new constitution

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