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  • Sri Lanka: Right Turn, Wrong Move

    Sri Lanka: Right Turn, Wrong Move

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    • Opinion by Neville de Silva (london)
    • Inter Press Service

    This country which was granted universal franchise nearly two decades before independence was seen as one of Asia’s first democracies-if not the first.

    Sadly, that reputation has fast faded.

    Today, that right to vote is being denied with even elections to local bodies been halted for dubious reasons including the lack of state funds. The Supreme Court issued an interim order asking that funds be made available for the election. ruling.

    That order was simply ignored. Instead, the ruling Sri Lanka People’s Front (SLPP) MPs threatened to summon the judges to parliament for allegedly violating their privileges

    The most recent is a desperate move by one government MP to move a private member’s motion to have parliament vote to let the expired bodies continue in the absence of elections.

    Fortunately, the Attorney-General informed the Speaker that such a move was unconstitutional and so would require a two-third majority vote and perhaps a referendum. That shut the door on this piece of frippery.

    The government’s concern is understandable. It is led by a stand-in president of one party propped up in parliament by a majority from a one- time political enemy the SLPP, now living a symbiotic political existence.

    Neither of them wants an election even at the lowest levels of governance for fear of what the results might signify. Negative results would sound alarm bells ahead of the presidential elections next year and parliamentary elections the year after, though the president could call parliamentary elections earlier.

    Those who would look back at Sri Lankan political history since 1977 might well wonder whether current president Ranil Wickremesinghe, filling in until November next year for predecessor Gotabaya Rajapaksa who resigned after fleeing public wrath, has taken a page out of his uncle Junius Richard Jayewardene’s book of political Machiavellianism.

    But if “Yankee Dicky”, as Jayewardene was called from his early days for his pro-American foreign policy views and his capitalist economic outlook, took a turn to the right when he came to power in 1977, his nephew has taken a sharper turn in that direction, his neoliberal views meshing with the IMF rescue programme intended to pull the country out of the economic mess that Gotabaya Rajapaksa created during his short presidency.

    Yet Wickremesinghe’s path to economic resuscitation is strewn with political and working- class casualties against whom some of the most abrasive laws in the country’s statute books have been employed, such as the Prevention of Terrorism Act (PTA).

    International conventions such as the ICCPR have been stood on its head to detain dissidents and clamped down on public protests and other rights guaranteed under the constitution that his uncle imposed on the country.

    If the IMF agreement calls for the government to sell the family silver, as Wickremesinghe’s offer of even profit- making state- owned enterprises and other state assets to foreign and local investors suggest, this is bound to adversely affect employment adding to the amounting joblessness in recent years following the Covid pandemic and President Rajapaksa’s misguided economic policies.

    Besides this, a new Labour law that would repeal some 28 existing laws granting workers’ rights won over the years through hard struggles by leftist trade unions and political parties, would be replaced by stringent new laws heavily weighted in favour of employers.

    The proposed labour laws now been waved about by an over-enthusiastic Labour Minister hoping to please the president and the business community will, if not challenged before the Supreme Court, will jettison many long existing workers’ rights to create a comfortable environment for prospective foreign investors and the government’s business cronies.

    A new anti-terrorism law, more abhorrent than the PTA, has drawn heavy flak both at home and internationally. An anti-corruption law has just been passed, more to satisfy the IMF than to catch the crooks, particularly politicians who fattened themselves over the years. Though Sri Lanka already has stringent laws not even a fistful of politicians have been prosecuted and convicted for bribery and corruption.

    Meanwhile the country is facing a huge brain drain. Since 2022 some 700 or so doctors, specialists and medical staff have left for employment abroad. So have other professionals including engineers, IT specialists, airline pilots and technicians.

    Education Minister Susil Premajayantha admitted in parliament the other day that 255 university academics and some 150-odd non- academic staff have vacated posts since last year.

    Furthermore, UN reports have pinpointed the rise of poverty in the country with families and school children skipping meals because people cannot afford the high prices for domestic essentials like electricity.

    The Agriculture Minister was warning the other day about the possibility of poor harvests in the coming season which, if sadly it does happen, could lead to food shortages

    The seeming political stability with no queues and no demonstrators, should not be misconceived. While Wickremesinghe’s governing alliance in which fissures have been more conspicuous recently, prepares the ground to welcome foreign and local capitalist entrepreneurs, the same ground is being cut under the feet of the vast majority who survived all these years on their meagre earnings and now are struggling to survive.

    In 1972, the then coalition government led by the world’s first woman prime minister Sirimavo Bandaranaike which came to power two years earlier, made the final constitutional break with Britain, dropping the British monarch as its head of state and declaring the country as the “Republic of Sri Lanka”. It maintained the Westminster-style parliamentary system it was accustomed to.

    That government was roundly defeated at the 1977 general election. The right-wing United National Party (UNP) under its new leader Jayewardene, popularly called “JR”, won an unprecedented five-sixth majority in parliament driving Mrs Bandaranaike’s SLFP to a single digit presence.

    Jayewardene decided the country needed a new constitution. But it was drafted without any public consultation whereas the 1972 constitution was drafted by parliament meeting separately as a constituent assembly.

    Jayewardene named himself president and was sworn-in on 4th February 1978 under a new executive presidential system. The name of the country was changed into an ostentatious “Democratic Socialist Republic of Sri Lanka”.

    Armed with enormous powers and a party with a five-sixth majority in parliament Jayewardene said the only thing he could not do was to change a man into a woman and vice versa.

    The new name for Sri Lanka was a tragic misnomer. It did not take long for Jayewardene to show that he was neither democratic nor socialist. He set up a presidential commission which hauled up former prime minister Sirimavo Bandaranaike, her closest minister Felix Dias Bandaranaike and others before it for alleged corruption and abuse of power. They were stripped of their civic rights, eliminated from political activity for seven years.

    The president was more concerned about preserving his huge majority in parliament fearing that a general election would see a resurrected opposition returning in larger numbers.

    In a move unheard of in democratic governance, President Jayewardene obtained signed letters of resignation from parliament from all his 140 MPs. The one thing missing was the date which the president would fill in if required. That was Jayewardene’s Damocles-ean Sword suspended over his own MPs.

    The biggest blot on Jayewardene’s escutcheon is the bloody events of July 1983 when minority Tamils in Colombo and around the country were physically attacked and some 3000, according to reports were killed, their houses burnt and the businesses destroyed and looted. Thousands were made refugees in their own country or abroad.

    The immediate cause for this horrendous and tragic happening 40 years ago was said to be the killing of 13 soldiers by Tamil insurgents in the north.

    But when the attacks on Tamils and their homes really unfolded on July 25, as I witnessed that day and later, there were clear signs of government involvement. The fact that neither the president nor any minister appeared on TV calling a halt to this ethnic convulsion spoke volumes.

    When the government did finally speak about four days later, it claimed the attacks were the “spontaneous outburst of Sinhala wrath” at the killing of the soldiers.

    But with international community critical at the government’s inaction to stop the carnage, Jayewardene swiftly changed tack. The government claimed there was a “Naxalite” conspiracy to assassinate government figures and overthrow the government. A foreign hand-unnamed- was involved, it said.

    Jayewardene evoked the Public Security Act to round up opposition politicians he feared were growing in popularity and throw them in jail and sealed the Communist Party newspaper. I remember my friend John Elliot of the “Financial Times” calling it “a crude cover up” while other foreign journalists simply dismissed the story.

    What does matter now is that right through these events of the Jayewardene years, Sri Lanka’s current President Ranil Wickremesinghe, Jayewardene’s nephew, was a faithful member of his uncle’s cabinet and possibly privy to what went on inside.

    In fact, if I remember correctly, he made a speech in parliament on the so-called “Naxalite” plot.

    There is one essential difference. JR served two terms as president. His nephew lost two presidential elections and yearns to be at elected president at least once.

    Next March he will be 75. Would he then be at the door step of the Last Chance Saloon? If so how far would he go to make sure he becomes and elected president like his uncle before retires from politics.

    The United National Party (UNP) that his uncle represented and he does now, was called the Uncle Nephew Party from its early days. We shall see before long, won’t we.

    Neville de Silva is a veteran Sri Lankan journalist who held senior roles in Hong Kong at The Standard and worked in London for Gemini News Service. He has been a correspondent for the foreign media.

    IPS UN Bureau


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    © Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service

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  • Democracy on the Blink

    Democracy on the Blink

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    • Opinion by Neville de Silva (london)
    • Inter Press Service

    Still, a critical question has been reverberating in the community ever since the government announced a scaled down celebration to commemorate 75 years since Britain relinquished power in 1948.

    After defaulting on the country’s debt servicing last April for the first time in its post-independence history and being forced to resort to massive printing of money to meet state expenditure, does Sri Lanka need to celebrate independence day this year however downsized it would be?

    Particularly so, when President Ranil Wickremesinghe’s government itself claims Sri Lanka is struggling economically and it would take years to recover from its current chaos created by leaders who inexorably pushed it to the tip of the abyss with stupid economic policies, wasteful expenditure and wide- scale corruption and fraud.

    While imposing unbearable new taxes and other restrictions on the daily lives of the people, driving them further into penury with school children going without meals, fainting in their classrooms and in need of medical treatment which itself is becoming scarce, the country’s leaders don’t seem short of resources for celebrations.

    Even the country’s diplomatic missions will be holding their annual independence day celebrations as the invitation I received indicated, feasting their countrymen as best as they could.

    Yet over the last couple of months the government has been selling the story that it has no funds to pay for the Local Government elections due in March. A strange enough claim after President Ranil Wickremesinghe, in one of his other roles as finance minister, presenting the budget for 2023 last November allocated funds for the election and parliament, which oversees public expenditure, approved it.

    Now, the very persons who allocated money just three months ago claim to lack funds for a constitutionally required election. Punning on the old Harry Belafonte calypso, there is a hole in the budget, said some wag on social media.

    It is this contradiction in government conduct that an already enraged people find inexcusable. Having got rid of one elected president– Gotabaya Rajapaksa– who surreptitiously fled the country last July when mounting peoples’ protests demanded the Rajapaksa clan quit the government, they find themselves confronted with what Sri Lankans have come to see as a Rajapaksa clone– and now derisively call him Ranil Rajapaksa– thrust into the presidency to keep the family’s political fires alight.

    The Roman poet Juvenal dismissively called the delusionary performances staged by the Roman emperors of the time to distract their discontented citizenry, “panem et circensus”- bread and circuses.

    Bread, like some other essentials, might be scarce or priced beyond the reach of many of its 22 million people. A few months back, the UN agency UNICEF reported that 5.7 million Sri Lankans including 2.3 million children, are in need of humanitarian assistance and the numbers are likely to rise in the coming days.

    But the country’s leaders are not beyond performing their own circus acts. A few days back President Wickremesinghe appointed two more cabinet ministers bringing the total to 22.

    Within hours Sri Lankans with their innate sense of humour were on social media branding the new cabinet “Ali Baba and the 22” with the doors to the cabinet still open for more acolytes chosen not for integrity and competence but loyalty.

    Before the two new ministers fattened the cabinet, splicing off the portfolios of two existing ministers, President Wickremesinghe a couple of months ago appointed 37 state ministers leaving room for three more.

    Sri Lanka’s bloated ministerial ranks would surely be one of the largest in today’s parliamentary democracies. Not only is it large in numbers but the perks offered to ministers and state ministers is stunningly staggering–salaries, free housing, several expensive vehicles with fuel, free utilities such as electricity, water, telephones up to a point, several personal staff with paid salaries, armed personal security with escort vehicles, a special allowance for each day they attend parliament, state pension after five years and other facilities not generally known.

    While the government is prepared to splash state funds on bolstering party cadres and lickspittle who have creamed off state assets, in the last couple of months it has been using every ruse in the books-and some which are not in them- trying to deprive the people of their constitutional right to the franchise, by blocking the Local Government elections due shortly.

    This election, last held in 2018, is for 340 municipal councils, urban councils and village bodies is scheduled for March 9—the date set by the independent Election Commission last month.

    But as the day for the election, as constitutionally required, neared, the attempts to stymie it began with grandees of President Ranil Wickremesinghe’s United National Party (UNP) and the Rajapaksa clan-run Sri Lanka Podujana Peramuna (SLPP) that is propping up Wickremesinghe with its parliamentary majority, asserting that economic recovery must precede elections.

    Ministers and even state officials were trotting out excuses that there was no money to fund elections, expecting the populace to have forgotten the budgetary allocation passed by parliament a few months back.

    As this was being written, internationally-known legal academic and former foreign minister Prof GL Peiris was telling the media the government had made seven attempts to try and stop the election including an affidavit to the Supreme Court filed by the secretary to the finance ministry claiming the state of the economy precluded holding elections right now.

    The latest ruse was a law called the Election Expenses Bill to control spending for elections hurriedly passed by parliament. If, as Justice Minister Wijeyadasa Rajapaksa said, this proposal has been hanging fire for years, why the rush now, the opposition and anxious voters asked.

    Like the opposition, the public too smelled a rotten rat. It was seen as another attempt to derail the elections by calling for the provisions of the bill be incorporated which would call for more time.

    Despite all the public bravura, both the Rajapaksa-controlled SLPP and Wickremesinghe-led UNP which was swept into oblivion at the 2020 general elections, fear that given the mood of the country which rose in mass protests for some seven months last year leading to the resignation of President Rajapaksa and three of his brothers from the cabinet, they would suffer ignominious defeat.

    Especially so the UNP which lost every single seat including that of party leader Wickremesinghe who managed to creep back into parliament one year later through a clause in the electoral law.

    Not only would a poor electoral performance by the SLPP and UNP which have now joined hands make governance difficult and troublesome, it would also strengthen public opposition both to the Rajapaksas and President Wickremesinghe who many argue-and rightly so-as a leader rejected by the country two years ago and lacking a popular mandate to rule the country.

    So what one sees now is a symbiotic relationship between the executive headed by Wickremesinghe and the legislature controlled by the Rajapaksas, running the country and using outdated laws- some dating back to British times- to beat back public dissent, employing the security forces to trample on the constitutionally guaranteed freedoms of the people- free speech and expression, of association and assembly and peaceful protest.

    It also raises issues about the independence of the Attorney-General and some of the independent institutions set up under the constitution which are believed to have come under pressure during the Wickremesinghe presidency.

    With two arms of the state- the executive and legislature under the control of the Wickremesinghe-Rajapaksa- led cabal and backed by the security forces as recent event have shown, Sri Lanka’s increasingly beleaguered populace can only rely for justice on the third arm of the state- an independent judiciary.

    Over the years the judiciary has, now and then, been under pressure from dictatorial leaders who have not been averse to tamper with justice and the judicial process, sometimes denying impartial, independent judges their rightful place as chief justice or appointing friends or those amenable to the judiciary.

    But two recent judgements by the Supreme Court have resurrected public faith that the judiciary could be relied on to safeguard the constitution and the peoples’ constitutional and human rights against state abuse of the law and the battering and brutality by the security forces.

    A few months back the government tried to push through a “Bureau of Rehabilitation Bill” ostensibly to help treat and rehabilitate drug addicts and other drug users. Under cover of that it hoped to incarcerate political dissidents, activists and others which state security would identify those they do not like as ‘trouble makers’.

    So, it included among those to be included under the law “ex-combatants, members of violent groups, violent extremist person and any other person or group of persons”.

    The Supreme Court saw through this as an attempt to round up any person the authorities considered a political nuisance and hold them without recourse to the law. The court struck down the clause.

    Holding that the Bill as a whole violated the constitution, it said it could be acceptable if certain clauses were amended. One of the clauses it found repugnant was the one cited above which the court wanted deleted, leaving rehabilitation open only to drug dependent persons and those identified by law as in need of rehabilitation.

    In mid-January the Supreme Court delivered a landmark verdict which held former president Maithripala Sirisena, secretary of the defence ministry, police chief and top- ranking intelligence officers, of dereliction of duty and “failure to act” when valid and clear intelligence was passed on by foreign sources of an impending terrorist attacks by Islamic extremists on churches on Easter Sunday in 2019.

    Some 270 persons including foreigners were killed and several hundred wounded in these attacks on churches and Colombo hotels.

    Since these were civil cases, President Sirisena was fined 100 million rupees and the others lesser amounts. Sirisena as a former president was no longer entitled to immunity, a lesson for other former and future presidents that they too are liable to civil and criminal action such as corruption and human rights violations once they cease to hold office.

    These judicial judgments bring some hope to the people that the citadels of power are vulnerable and could be breached by a strong and upright judiciary, the only institution now left to protect and uphold the country’s democratic traditions and norms.

    If the judiciary is badgered, the last resort is too bloody to contemplate.

    Neville de Silva is a veteran Sri Lankan journalist who held senior roles in Hong Kong at The Standard and worked in London for Gemini News Service. He has been a correspondent for the foreign media including the New York Times and Le Monde. More recently he was Sri Lanka’s Deputy High Commissioner in London.

    Source: Asian Affairs, London

    IPS UN Bureau


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    © Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service

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