Features
Bad Idea, Terrible Timing: Critiquing Rajan Philips’ Reform Agenda
by Dr. Dayan Jayatilleka
In a time of national crisis, ideas are an important contribution. Rajan Philips, one of Sri Lanka’s most literate and respected commentators on politics, with whom I have had the privilege of being a founder-member of the Movement for Inter-Racial Justice and Equality (MIRJE) in 1978, has made an impassioned plea for political reform, in a two-part essay in the Sunday Island (and the Colombo Telegraph). He also advances the notion that now is the best moment for such reforms.
I regret to say that as a political scientist I disagree both on his ideas for reform as well as his identification of the current moment as most propitious for them. Let me set out his key ideas in his own words.
“Fundamentally, there should be no more presidential elections and the election of future Heads of State, after the current President, should not be directly by the people but through their representatives in parliament, and potentially in the provincial councils.” Good King Ranil and his options: Keep running or end the Executive Presidency – The Island
“Fundamentally, a future president, as Head of State, should not be directly elected by the people at large. Nor should she/he be left to be appointed by a prime minister, as Head of Government. The task of reform would be to find a middle way to have future presidents elected by representatives who are directly elected by the people in their constituencies.”
“The same circumstances have also a created a vacuum of presidential aspirants. There are no strong presidential candidates with formidable political alliances as in the past. That creates the potential and the space for political and presidential reform independent of presidential elections. The situation in parliament is also conducive to building support among both government and opposition MPs to implement a principled reform agenda.”
“It is the convergence of the three developments – Ranil Wickremesinghe as caretaker president, absence of strong presidential contenders, and the ‘hung situation’ in parliament – that has created the current unique situation for implementing political reform. It is unlikely that a similar convergence will occur any time in the near future. It is an ideal opportunity that should not be missed.” (Last Chance for Presidential and Political Reforms – The Island)
My counterview is that the proposed reforms are regressive and in any case, this is the worst time for any such reforms.
Anura & Sajith
At this time, we have the possibility of a generation change of political leadership in the form of the two leading presidential candidates, Anura Dissanayake and Sajith Premadasa who were born just a year apart. These two candidates are also the most socially progressive we have seen in decades and offer the chance of substantive change in our development policy in a direction that is different from that of Ranil’s neoliberalism.
Just when we have a chance of progressive change, this is precisely the wrong time to seek the abolition of a directly elected presidential system.
Rajan’s contention that we do not have any viable presidential candidates tells me that he and I inhabit quite different realities. I can see the kind of enthusiastic social mobilization at the NPP-JVP public events that I haven’t seen in decades. I have also seen an impossible pace maintained in Sajith Premadasa’s electoral campaigning, since his presidential bid of 2019, that no one can match.
Popular Sovereignty
The suggestion of abolishing a directly elected presidency flies in the face of popular sovereignty. The president wields power because he/she has the legitimacy of having been elected by a majority of the people who voted, taken as a whole. It is the acme of democratic republicanism, as in France.
Sri Lanka’s presidency most certainly requires reforming but that is not by eliminating the election of the president by the people. The reforms that are necessary are those that bring our presidency in line with those of the USA and France.
Cutting down the directed elected presidency at this point in time, would deprive Anura Kumara or Sajith Premadasa of the power to implement pro-people reforms. All that is needed to prevent the abuse of power is to introduce/strengthen the checks and balances that prevail in the American and French systems.
It is surely no coincidence that almost all the left administrations in the world are presidencies. It is also no coincidence that the reactionary rearguard actions and springboards for counterrevolution in Latin America have been the elected legislatures.
How can one discount the contemporary history of Ceylon, in which every piece of discrimination has been enacted under the Westminster model? The incontrovertible fact that the founding of the Tamil Tigers took place in the year of the 1972 Republican Constitution and the Vadukkodai resolution predated the Presidential system by two years is evidence of the relative superiority of the presidential system qua system. The only reform needed is to shear it of an excessive centralization of power. Sajith Premadasa or Anura Kumara can undertake that task.
Executive Presidency & 13A
Rajan Philips does not seem to understand the nexus in the Sri Lankan political consciousness between the Presidential system and devolution. This was on full view during the week-long parliamentary debate under Yahapalanaya on the draft constitutional proposals presented by Prime Minister Wickremesinghe.
Let’s forget the usual suspects who are chronically anti-13A. What’s more important is what the pro-13A centrists such as the SLFP said. Pro-devolution MP Dayasiri Jayasekara strongly articulated the view that if 13A were to be enhanced or even fully implemented, the proposals to abolish the executive Presidency were unacceptable to the SLFP and conversely, if the executive presidency was to be done away with, the question of 13A and devolution had to be re-examined and the semi-autonomy of the PCs had to be titrated downwards.
In short, devolution and the executive presidency are inextricably linked in the public mind. There is considerable insecurity about devolution without the lid or cap of a strong presidency representing the island’s people as a whole. The principle involved is that given the axiomatic fact of Tamil Nadu next door as an ethnic kin-state of the North-East periphery of the island, the whole as represented by the directly elected presidency must be present as counterweight to and preeminent power over a semi-autonomous part.
Rajan Philips must know that his proposed reform of radically downsizing the executive presidency would be at the expense of devolution, and would have as a corollary, by its concomitant downsizing.
In a debate during the Yahapalanaya years with MA Sumanthiran MP which arose at a panel discussion (still on YouTube), I argued strenuously against reopening the issue of 13A, arguing that any attempt to push beyond would open a can of worms and result in calls for abolishing or amputating 13A instead. That has now happened.
Worst Time Ever
The most fundamental error of Rajan’s well-intentioned proposals is his insistence that the current conjuncture is most propitious for movement on them. This assessment could not be more inaccurate. There are three major reasons for this.
Firstly, being unelected by the people, President Wickremesinghe suffers from a chronic deficit of public consent and therefore legitimacy. “By what right are you doing this?” is the ubiquitous question today on picket lines and at media conferences. Any attempt by him to move on reforms will lack public trust.
Secondly he is implementing an IMF austerity program which is causing tremendous pain and dislocation. This is exactly the wrong time to move on political reform as well, as Gorbachev found to his cost.
Thirdly, Ranil has made a number of moves in an anti-national and anti-state direction. Any truncation of the executive presidency, cutting its link with the people taken as a whole, will be read together with his Indianization MoUs, the land bridge to Tamil Nadu, the Subaskaran Alirajah deal and his drive to privatize the SOEs, as part of a project to dismantle or dissolve the Sri Lankan state.
Rajan just doesn’t seem to get that at this moment the people see the upcoming Presidential election as the earliest and perhaps only peaceful means of throwing out Ranil, and electing someone who is more socially sensitive and will alleviate their economic agony. Anura Dissanayake’s slogan “only a year to go”, now modified to “less than 365 days to go”, is resonating.
The most dangerous thing about Rajan’s formula is that Ranil may well use the ‘reform the presidency’ slogan as a chance to secure postponement of the presidential election as is his proven propensity. After all, Rajan’s hero Dr Colvin R de Silva’s Constitutional exercise facilitated the extension of the term of office of the parliament by two years. Any extension or attempt to tinker with the Constitution by Ranil in a dilatory manner would cause blood to run in the streets because even Anura Dissanayaka and Sajith Premadasa would not be able to keep the lid on the frustrated rage of the masses which will explode if the horizon of the Presidential election recedes.
Current Situation, Urgent Tasks
The current moment is not one of abolishing or shrinking the presidency but using the fact that it is popularly elected, and there is a countdown to that election, to throw out this unelected, free-market fundamentalist, nationally nihilistic President.
Contrary to Rajan’s proposed agenda, I would urge that as engaged intellectuals, all of us should focus on the following urgent tasks:Fighting to secure elections on schedule, most especially the presidential election, and combating the dangerous ideology of ‘economics before elections’.
Fight against Ranil, the most right-wing reactionary neoliberal leader we’ve had (whom we never elected) and his agenda.Support one or the other change-agent, Sajith or Anura, while fighting for a broad bloc or platform for elections on schedule and a united front of parties around each candidate, so as to ‘social democratize’ them both to whatever degree possible.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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