Midweek Review
House seeks public views on ‘the role of an MP and aspirations of the people’
Speaker Karu Jayasuriya, MP, at the inauguration of a three-day capacity building programme for the Staff of Secy Gen of Parliament, at CITRUS Hotel, Waskaduwa, in early March 2016. The USAID funded the programme meant to promote much touted good governance. Training of parliament staff was part of an overall project worth Rs 1.92 bn.
By Shamindra
Ferdinando
Sri Lanka’s parliamentary democracy is in deepening turmoil. Political parties are in disarray, with the country’s two major political parties – the United National Party (UNP) reduced to just one (National List) and the Sri Lanka Freedom Party (SLFP) 14 (one National List/13 on the Sri Lanka Podujana Peramuna (SLPP) ticket), respectively. Leaderships of those parties have caused so much damage to their parliamentary groups, over the years, that both are unlikely to recover for a long time.
Unfortunately, the SLFP’s offshoot the SLPP, and the breakaway UNP faction the Samagi Jana Balavegaya (SJB), too, are struggling to cope up with the deteriorating political environment. Overall, the country is in disorder with political parties, beset by internal conflicts, pulling in different directions, whereas the status of the Parliament remains questionable.
Lawmaker Dr. Wijeyadasa Rajapakse’s assertion that Parliament is the most corrupt institution in the country cannot be dismissed. The declaration made by President’s Counsel Rajapakse, in response to a query by the writer, at a media briefing, called by him, at the Sri Lanka Foundation (SLF), in June 2019, highlighted the unprecedented crisis. Having made that declaration, as a UNP lawmaker, Wijeyadasa Rajapakse’s own political future, as a member of the ruling SLPP, is uncertain today against the backdrop of him moving the Supreme Court against the Colombo Port City Economic Commission Bill – whatever the court ruling may be. In a way, one-time BASL (Bar Association of Sri Lanka) President Wijeyadasa Rajapakse’s plight reflected the growing instability and insecurity, in general, mainly brought on by the unprecedented pandemic, in living memory, but amplified by the unabated immoral political shenanigans.
The whole political setup seems to be in a dilemma. The House couldn’t have picked a better time to launch the second volume of an academic journal, titled ‘Parlimenthu Sara Sanhitha’, to discuss a range of topics which dealt with parliamentary matters. The themes are (1) Constitution and Amendments to the Constitution (2) Representative Democracy and the Committee System (3) Legislative Functions of Parliament (4) Parliament and the Endowment of its Citizens (5) Standing Orders, Members’ Conduct and Parliamentary Procedures (6) Electoral System, the Parliament and Public Outreach (7) Parliamentary Reporting and Mass Communications (8) Sustainable Development Goals and the Parliamentary System (9) New Trends in Sri Lankan Women Politics and finally (10) The Role of an MP and Aspirations of the People.
The Communications Department of the Parliament called for submission of articles, in all three languages (3,000 to 5,000 words each), to: journal.slparliament@gmail.com by, or before, May 21, 2021, after having informed the relevant officer, handling the project, on weekdays, on 0112 777328, of their desire to furnish articles.
The writer feels the entire gamut of issues, at hand, can be addressed by dealing with only the final topic: ‘The Role of an MP and aspirations of the People.’ The Communications Department assured those interested in submitting articles that their work would be reviewed by a panel of experts.
Sri Lanka’s parliamentary democracy is at a crossroads, with the SLPP bent on further consolidating executive powers, whereas the other political parties sought to dilute the powers enjoyed by the President. The Role of an MP and aspirations of the people, or any other relevant topic, cannot be discussed unless all stakeholders acknowledge the failure on the part of Parliament to fulfill its two primary obligations. There is no point in denying the fact that Parliament pathetically failed to ensure financial discipline as well as enactment of required laws to combat it. If Parliament achieved its objectives, or at least, made a genuine effort over the years, there wouldn’t have been a need for projects such as ‘Parlimenthu Sara Sanhitha.’ Would the expert panel accept the brutal truth?
Timely setting up of Communication Department
Can Parliament, as the supreme law-making institution, absolve itself of the responsibility for the deterioration of every sector, through sheer negligence? Thanks to the setting up of a proper Communication Department, the public, to a large extent, gets to know what is going on. The Communication Department, so far, has dealt quite professionally with proceedings of the COPE (Committee on Public Enterprises), COPA (Committee on Public Accounts) and the Public Finance Committee (PFC) thereby giving the public a clear idea as to what is really going on. The coverage of COPE, COPA and PFC proceedings disclosed a pathetic state of affairs. Waste, corruption irregularities and negligence seem to be the order of the day.
Let me briefly discuss the shocking revelation made by COPE proceedings on Feb 12, 2021, just to underscore the public dilemma. COPE examination of the Education Ministry reveals that the National Child Protection Policy is yet to be implemented though the National Child Protection Authority (NCPA) has been in existence since 1998. COPA Chairman Prof. Charitha Ratwatte, serving his first term as a National List lawmaker of the SLPP, stressed the need to implement it without further delay.
According to a statement issued by former journalist Shan Wijetunga, Director, Communications Department, COPE directed Education Secretary Prof. Kapila Perera to expedite the process. During the proceedings, the revelation of the failure on the part of the NCPA to furnish its 2016, 2017, 2018 and 2019 annual reports to Parliament, is also a grave embarrassment. The Education Ministry owed an explanation how NCPA, an institution under its care, brazenly neglected its responsibility. Would you believe the NCPA’s Legal Section comprised just two employees and just one to handle complaints? The COPE placed the number of complaints that hadn’t been addressed, by January 1, 2021, at a staggering 40,668.
Perhaps ‘Parlimenthu Sara Sanhitha’ should include an additional topic to address the plight of the hapless children for want of a responsible Parliament. Can Parliament explain how it failed to take remedial measures in respect of NCPA? Let me stress, The Island dealt with the Feb 12 COPE proceedings only. If one examined the entire lot, the public would curse those who had served successive governments over the years. The NCPA/Education Ministry’s failure seems relatively light when compared with the shoddy handling of almost all other key ministries.
Against the backdrop of such poor performances by Parliament, the House itself should examine a high-profile costly project, implemented by the US Agency for International Development (USAID), during previous administration. The USAID was launched in late Nov 2016 with a Rs. 1.92 billion (USD$13 million) partnership with the Parliament of Sri Lanka to strengthen accountability and democratic governance in Sri Lanka.
According to the American aid agency, the three-year Strengthening Democratic Governance and Accountability Project (SDGAP) was meant to improve strategic planning and communication within the government and Parliament, enhance public outreach, develop more effective policy reform and implementation processes, and increase political participation of women, and underrepresented groups, in Parliament, and at local levels.
Nearly two years after the conclusion of the project, wouldn’t it be necessary to examine whether the USAID project did any good? Did the USAID project make a tangible change? If not, who benefited from the Rs 1.92 bn project? These questions need answers. Perhaps, the issue can be dealt by some of those who will contribute to ‘Parlimenthu Sara Sanhitha.’
Why not examine the Rs 1.92 bn
USAID project?
Karu Jayasuriya, who accepted the USAID project, in his capacity as the Speaker, at that time, (with the consent of the then President Maithripala Sirisena’s SLFP), owed an explanation as regards how US funding benefited the country. Interestingly, KJ today heads the NMSJ (National Movement for Social Justice), the brainchild of the late Ven. Maduluwawe Sobitha, who spearheaded a political campaign that brought the Mahinda Rajapaksa government down. Prof. Sarath Wijesuriya took over the NMSJ, in the wake of Ven Sobitha’s demise, in early Nov 2015, before giving up the post to pave the way for KJ. The civil society organization NMSJ accommodated KJ in the wake of the former Speaker quitting active politics. But the irony is, it must be noted that NMSJ, too, is involved in anti-government politics to its neck.
‘The Role of an MP and Aspirations of the People,’ the last topic offered by Parliament to those interested in contributing to ‘Parlimenthu Sara Sanhitha,’ would be an ideal opportunity to discuss how the political party system mercilessly failed the country. While the vast majority of people struggled to make ends meet, the political class, and their crowd, enjoyed life at the expense of the national economy. Political parties plundered the country with impunity, regardless of the consequences.
The deterioration of parliamentary standards today cannot be compared with any particular post-independence period. That is the undeniable truth. It would be pertinent to mention that lawmakers should be held accountable for massive waste, corruption, irregularities as well as negligence revealed by COPE, COPA, and PFC. Examine how the mega sugar duty scam, perpetrated by the incumbent administration, cost the Treasury dearly. Can the Finance Ministry absolve itself of responsibility, whoever ordered it do so?
Serving Attorney General Dappula de Livera, PC, recently commented on the role of the judiciary, vis-a-vis the Executive and the Legislature. Both the Executive and the Legislature should take note of the President’s Counsel’s assertion. The courts had quite justly come to be regarded as the sentinel over the powers of the legislature and the executive in Sri Lanka in order to safeguard the rights of the citizen, under the law and the Constitution, the Attorney General Dappula de Livera has said on March 23, at the ceremonial sitting of the Court of Appeal.
The ceremonial sitting was held to welcome, His Lordship Justice Arjuna Obeysekere as the President of the Court of Appeal, Her Ladyship Justice Menaka Wijesundera, their Lordships Justice Nihal Samarakoon, Justice Prasantha de Silva, Justice Mohamed Laffar, Justice Pradeep Kirthisinghe, Justice Sampath Abayakoon and Justice Sampath Wijeratne as Judges of the Court of Appeal.
Just a week after the AG’s extraordinary declaration, at a ceremonial sitting many an eyebrow was raised when he had to intervene in respect of a Colombo High Court ruling, pertaining to two narcotics cases.
The PC moved the Court of Appeal in revision of two bail orders of the Colombo High Court 04 as regards detection of 65 grams and 485 grams of heroin.
Following the AG’s intervention, the Court of Appeal stayed bail being granted to the suspects. The AG intervened after a State Counsel assigned to Court No 04 challenged the granting of bail.
Of the seven High Courts in Colombo, two Courts, namely No 04 and 05, have been assigned the additional task of dealing with bail applications.
Newly appointed Court of Appeal judge Menaka Wijeyasundera issued the stay order pending further investigations. The Attorney General’s Department examined the cases pertaining to bail applications handled by both Colombo High Courts before the intervention was made.
Democracy cannot thrive unless the Executive, the Legislature and the Judiciary work for a common agenda. The much-touted ‘One Country, One Law’ concept would never be a reality if the Executive, Legislature and the Judiciary pulled in different directions, whoever wielded political power. In the absence of a common objective to lift the living standards of the public, in a stable environment, whoever exercised political power, the country will remain in simmering turmoil.
If one genuinely examines the topics acceptable to ‘Parlimenthu Sara Sanhitha’ he or she will quickly realize the entire parliamentary system is in a mess. In spite of introducing 20 Amendments to the President JRJ’s dictatorial Constitution enacted in 1978, the very basis of the law is mired in controversy. And in some cases, the role of lawmakers has been questioned.
Ranjan’s removal et al
SJB lawmaker Ranjan Ramanayake losing his Gampaha district parliamentary seat, over contempt of court charges, the arrest of All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen for allegedly aiding and abetting, Easter Sunday bombers, the CID investigation into a complaint as regards SJB National List lawmaker Diana Gamage’s nationality, controversy over SLPP lawmaker Premalal Jayasekera, sentenced to death over 2015 killing, taking oaths, dismissal of murder charges against Minister Janaka Bandara Tennakoon, MP Sivanesathurai Chandrakanthan alias Pilleyan as well as termination of proceedings by the Attorney General and CIABOC in respect of several other lawmakers highlighted the crisis the country is in.
The fact that the incumbent government enacted the 20th Amendment to the Constitution with the backing of the ACMC, as well as the SLMC, whose leader and Attorney-at-Law Rauff Hakeem has been pictured with Easter Sunday carnage mastermind Zahran Hashim’s brother, Mohammed Rilvan, recuperating in a hospital from injuries he suffered while testing a bomb in 2018, painted a bleak picture. High profile accusations and still unanswered questions raised by SJB lawmakers, Manusha Nanayakkara and Harin Fernando pertaining to alleged involvement of some members of the intelligence services in the Easter Sunday carnage, shocked the community. Such accusations should be examined. Sri Lanka paid a very heavy price for turning a blind eye to the Tamil National Alliance (TNA) recognizing the Liberation Tigers of Tamil (LTTE) as the sole representative of their community. Parliament never bothered to raise this issue with TNA. How come a recognized, political grouping recognized proscribed organization as sole representative of their community. Perhaps, the now banned National Thowheed Jamaat (NTJ) tried similar tactics, in 2015, when it sought to infiltrate Parliament. The NTJ secured an electoral alliance with the UNP-led political alliance, ahead of the 2015 general election, and was cunning enough to secure a National List place for one of Sri Lanka’s richest traders, Mohammad Yusuf Ibrahim, whose sons, lham and Insath carried out the bombings of the Shangri-La and Cinnamon Grand hotels.
The Parliament, as the lawmaking institution, should undertake a genuine examination of its shortcomings. The House should discuss ‘ The Role of an MP and Aspirations of the People’ the last topic offered by ‘Parlimenthu Sara Sanhitha’ as part of the overall efforts to streamline the parliamentary process.
The political process, adopted in respect of the 17th, 18th, 19th and 20th Amendments, revealed that such politically motivated strategies wouldn’t work. Those seeking to enact a new Constitution should realize that the passage of a new Law, only on the basis of a two-thirds parliamentary majority, wouldn’t ensure the much desired political stability, especially in the face of the daunting Covid-19 challenge. All four above mentioned Amendments were introduced as part of a political strategy, pursued by those in power at the time of the enactment.
Some of those who voted in early 2015 for the 19th Amendment, depicted as the panacea for Sri Lanka’s ills in 2020 backed the 20th brought in at the expense of the previously enacted Amendment. Beleaguered former President and SLFP leader Maithripala Sirisena excused himself from voting for the 20th Amendment last Oct, whereas his MPs did. The SLPP has no qualms in securing the passage of the 20th Amendment with the backing of the SLMC and the ACMC, having lambasted them in the run up to the 2019 presidential and 2020 general election.
Those exercising parliamentary powers and privileges should realize that real power can be achieved through genuine consensus. Political tools, such as urgent bills, will only serve limited purposes and even if succeeded in depriving the Opposition, the civil society and the media from playing their classic role, there cannot be certainty in the final outcome. Parliament should take note of the BASL statement, dated April 15, issued by BASL Secretary, Rajeev Amarasuriya, in respect of the Colombo Port City Economic Commission. Let me produce the relevant section verbatim. It stated: “On the 8th of April 2021, just fifteen (15) calendar days after the publication of the Bill in the Gazette, the Bill was placed on the Order Paper of Parliament. In terms of the Constitution, a citizen intending to challenge the constitutionality of a Bill has to do so within one week from the Bill being placed on the Order Paper of Parliament.
The Executive Committee of the BASL is extremely concerned about the limited time given for scrutiny and discussion of this important Bill, as well as the timing of placing the Bill on the Order Paper of Parliament, which was after the suspension of sittings of the Supreme Court, a time when many members of the legal profession are unavailable. Furthermore, the period of one (1) week within which such a Bill could be challenged before the Supreme Court to determine its constitutionality, included not only the weekend but also three public holidays. Thus, the members of the public have been deprived of a meaningful opportunity to scrutinize the Bill and to discuss its merits.”
The way Parliament handled the 2015 and 2016 Treasury bond scams and the shocking revelation that some lawmakers, on both sides, received donations from the disgraced Perpetual Treasuries Limited (PTL) tarnished the image of the House beyond salvation. Having funded a high profile good governance project, the USAID totally turned a blind eye to the Treasury bond scams! So, we will end this with the warning written by Virgil more than 2000 years ago; “Beware of Greeks bearing gifts”.
Midweek Review
Ranil reveals bid to get rid of him while GR was fleeing to Trinco on board SLNS Gajabahu
By Shamindra Ferdinando
Attempts had been made to compel UNP leader Ranil Wickremesinghe to give up the premiership immediately after the then President Gotabaya Rajapaksa had left Janadhipathi Mandiraya in the early afternoon of July 09, 2022.
That had been the devious Aragalaya strategy meant to pave the way for Speaker Mahinda Yapa Abeywardena to assume executive powers as a mere figurehead and with them easily controlling him with the threat of further upheaval. Obviously Aragalaya strategists wanted to force Wickremesinghe out of office before President Gotabaya Rajapaksa quit the presidency.
However, they may not have expected President Gotabaya Rajapaksa to flee President’s House immediately after protestors breached its main gates.
As we recall the law enforcers simply did nothing to halt the advance of the mob right into the President’s House, as people like US Ambassador Julie Chung openly prevailed on law enforcers not to act against what she repeatedly termed “peaceful protesters”, even after they, in a preplanned operation, meticulously burnt down more than hundred properties of government politicos and loyalists, across the country, on May 09/10, 2022. So they were on the whole the proverbial wolves in sheep’s clothing working with the Western regime change project here as was previously done in places like Libya and Iraq.
President Wickremesinghe discussed the challenge faced by him at the time of the Aragalaya, when he addressed a group of young legal professionals at the Presidential Secretariat on May 28.
Among those who had been at the head table was Colombo District SLPP lawmaker Premanath C. Dolawatte, an Attorney-at-Law and now widely believed to be one of those pursuing the UNP leader’s agenda.
Stressing the importance of the executive presidency in restoring stability, President Wickremesinghe recalled the situation as Aragalaya forced Gotabaya Rajapaksa out of Janadhipathi Mandiraya. The President said that some persons had asked him to resign as President Gotabaya Rajapaksa was on board a ship and on his way to Trincomalee.
The President’s Media Division (PMD) quoted him as having told the young professionals how he declined to resign unless an MP, who commanded the confidence of the majority in Parliament, emerged against the backdrop of chaos. The President said that even if he wrote a letter of resignation, he couldn’t have handed it over to President Gotabaya Rajapaksa when he was on his way to Trincomalee in a ship or flying to the Maldives to escape mob justice.
The President said that if he resigned, due to pressure brought on him by a particular person, or due to the destruction of his residence, at the top of 05th Lane, in Colombo 07, near Royal Primary, also on July 09, 2022, someone would have secured power outside the democratic process.
The President’s comments on Aragalaya didn’t attract sufficient media attention. In fact, the coverage of the Presidential Secretariat event had been influenced by the PMD media release. Both print and electronic media focused on the President pointing out that none of those contesting the forthcoming Presidential poll had assured so far that executive powers would be done away with.
Actually, at the 2019 Presidential election, SLPP candidate Gotabaya Rajapaksa never referred to the abolition of the Executive Presidency or further dilution of executive powers. The wartime Defence Secretary aspired to be an all-powerful Executive President and, in fact, further enhanced the presidency with the enactment of the 20th Amendment, enacted in late October 2020. The move to introduce a new Constitution was also meant to further enhance the Executive Presidency. That report, prepared at a tremendous cost to the taxpayer, is gathering dust, probably at the Presidential Secretariat. Perhaps Gotabaya Rajapaksa should inquire from his successor Ranil Wickremesinghe what he intended to do with it. The former President has every right to seek an explanation, not only from the President, but the Cabinet-of-Ministers as well.
Let us get back to President Wickremesinghe’s disclosure of the bid to force him out of office soon after President Gotabaya Rajapaksa boarded SLNS Gajabahu (formerly Sherman of the US Coast Guard), at the Colombo harbor, to escape the pursuing mob.
Now that President Wickremesinghe again made reference to Aragalaya’s bid to get rid of him, who could have asked Premier Wickremesinghe to resign on July 09, 2022? Had there been similar demands/requests in the run-up to Wickremesinghe receiving the appointment as President on July 14?
Perhaps, President Wickremesinghe would never reveal the identities of those who demanded his resignation, obviously on more than one occasion during July 09-14 period.
Political party system in a bind
Post-Aragalaya political leadership conveniently refrained from inquiring into the overthrowing of President Gotabaya Rajapaksa. Nearly two years after Gotabaya Rajapaksa’s ouster, there hadn’t been an effort, at any level, to conduct a thorough investigation into Aragalaya.
No holds barred investigation into Aragalaya shouldn’t be mixed up with individual cases, such as the killing of SLPP lawmaker Amatakeerthi Atukorale and his police bodyguard, at Nittambuwa, on the afternoon of May 09, 2022, or the killing of a protester at Rambukkana on April 19, 2022. A proper probe into Aragalaya should focus on the circumstances leading to the eruption of violent protest campaign, outside President Gotabaya Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the night of March 31, 2022, and the period till President Wickremesinghe deployed the military and the police, including the Special Task Force (STF), on July 22, 2022, to clear the Presidential Secretariat of protesters. And all those who were threatening to die for the “system change,” they were ostensibly clamouring for, simply vanished into thin air. How convenient! And how conveniently Julie Chung’s trap, too, shut on behalf of Aragalaya?
Had Wickremesinghe lacked the courage to do so, regardless of “international “condemnation”, the Aragalaya could have been still in control of the President’s House, Presidential Secretariat, etc. Wickremesinghe acted swiftly and decisively as he realized the danger in failing to bring back the situation under control, within a short period of time. Or was that all a show to hoodwink the country? May be he knew too much about JVP shenanigans, especially with the West for them being the principal mover of the demand for system change, too, to go silent, like obedient kittens, with Ranil at the helm.
National Freedom Front (NFF) leader Wimal Weerawansa, MP, in April 2023, named outgoing US Ambassador Julie Chung as one of the key Aragalaya conspirators. The former JVP heavyweight went to the extent of alleging that Ambassador Chung personally met Speaker Abeywardena at the latter’s official residence in the wake of President Gotabaya Rajapaksa fleeing Janadhipathi Mandiraya.
Speaker Abeywardena never denied Weerawansa’s claim, though Ambassador Chung dismissed the allegation. However, President Wickremesinghe latest disclosure should be examined, taking into Speaker’s declaration in March this year that those who spearheaded Aragalaya even threatened him unless he cooperated with them. Speaker Abeywardena declared that Aragalaya wanted him to accept the presidency, though the Constitution stipulated that the Premier should succeed the President.
Then, obviously, those who demanded Wickremesinghe to resign, and Speaker Abeywardena to accept the Presidency in July 2020, must be the same. There cannot be any dispute whatsoever regarding the Aragalaya strategy. Obviously, ousted President Gotabaya Rajapaksa, in his widely read book ‘The Conspiracy to Oust Me from Presidency’ failed to properly deal with external intervention, particularly the interventions made by Ambassador Chung.
The US, through Ambassador Chung’s interventions, ensured protection for Aragalaya throughout the high profile project as President Gotabaya Rajapaksa’s control rapidly eroded. The then government never really comprehended the grave implications of the April 19, 2022 Rambukkana incident. The senior police officer in charge of Kegalle, Senior Superintendent of Police K.B. Keerthiratne, had to undergo the humiliation of being arrested and remanded over a police shooting that claimed the life of a protester. Had Keerthiratne failed to order that shooting, the protesters would have set ablaze a fully loaded bowser, carrying petrol, strategically placed across the rail tracks there to create chaos and disrupt rail transport By the time the SSP and three other policemen received bail, in August, Wickremesinghe was the President.
The former President should have dealt with the Rambukkana issue in his memoirs. There cannot be any doubt, or dispute, that the utterly irresponsible government response to police firing at Rambukkana discouraged the military from taking tangible measures to thwart the overrunning of Janadhipathi Mandiraya.
The Aragalaya opened Janadhipathi Mandiraya and Presidential Secretariat for the public and they remained in their hands until President Wickremesinghe regained control on July 22, 2022.
Prez draws sharp criticism
Sri Lanka couldn’t have continued with chaos caused in the wake of the political-economic-social crisis that threatened the ruination of the war-winning country that also successfully undertook so many development projects, like building expressways in the country for the first time, badly needed new international airport and even an international harbour, that became the envy of even our giant neighbour. Speaker Abeywardena, whatever his shortcomings and failures, should receive the respect and gratitude of all for saving the country from a horrible fate. Sri Lanka’s unitary status had been at stake and the country faced the risk of disintegrating.
Having been elected as the 8th Executive President on July 20, 2022 by the SLPP parliamentarians, who had the majority in the House, the UNP leader moved swiftly to regain control. Since then, Wickremesinghe, in spite of being reduced to just one National List MP in Parliament, never looked back as he advanced his agenda.
The President’s decision to do away with the Galle Face protest site earned the wrath of those who hoped for a different outcome. They expected Speaker Abeywardena, as Head of State, at least for a brief period, pending post-Gaddafi-style Libyan administration.
The following are some of the statements issued by the “usual suspects” who blindly tow the US line, in the wake of President Wickremesinghe’s directive:
UN Human Rights Commission:
“We are alarmed by the unnecessary use of force by security forces to break up a protest camp near presidential offices in Colombo. We condemn reports of beatings of protesters, journalists and lawyers and urge authorities to halt the use of force.”
The UNHRC Sri Lanka Core Group (consisting of Canada, Germany, Malawi, Montenegro, North Macedonia, the USA and the UK):
“peaceful protest is fundamental to any democracy and dismayed at the violence which took place at Galle Face on Friday.” The grouping called for full respect for human rights and the rule of law.
Amnesty International South Asia:
“…the attack on ‘GotaGoGama,’ the peaceful protest site in Colombo by the police and the military is unacceptable and authorities must stand down immediately. The right to protest must be protected. Sri Lankan authorities must immediately cease these acts of violence and release those arrested unlawfully in this manner. Authorities must also protect the freedom of the press. Journalists must not be barred from ‘GotaGoGama’. Blocking journalists from doing their jobs directly violates freedom of the press.”
Human Rights Watch South Asia Director Meenakshi Ganguly said:
“President Ranil Wickremesinghe has been telling donors and friends that he is committed to resolving the economic crisis, and yet among his first acts was to deploy a midnight security forces raid to disperse the peaceful protesters. The international community needs to act now, send a strong message that the global efforts are directed to support the people of Sri Lanka, and not to prop up abusive political leaders who undermine fundamental freedoms.”
UN Resident Coordinator Hanaa Singer-Hamdy said she was gravely concerned by the use of force to disperse protesters.
“Journalists and human rights defenders have a right to monitor demonstrations and their functions should not be impeded. Actions that stifle protests and right to peaceful assembly can worsen economic and political stability in Sri Lanka. Peaceful solutions in accordance with broad public consultations is the only way forward.”
The European Union:
“Freedom of expression proved essential to Sri Lanka’s current transition. Hard to see how severely restricting it can help in finding solutions to the current political and economic crises.”
UK High Commissioner Sarah Hulton expressed concern over the attack and said:
“We have made clear the importance of the right to peaceful protest.”
US Ambassador Julie Chung:
“Deeply concerned about actions taken against protestors at Galle Face in the middle of the night. We urge restraint by authorities and immediate access to medical attention for those injured.”
Canadian High Commissioner David McKinnon:
“It is crucial the authorities act with restraint and avoid violence.”
The Presidential Secretariat remained in the hands of protesters till midnight July 22, 2022, out of the three State properties they took control of on July 09. Protesters evacuated from the other two – the President’s House and Temple Trees ahead of any confrontation with the military tasked to remove them!
In the absence of proper investigations…
Chief Government Whip Prasanna Ranatunga is one of the few lawmakers to question the failure on the part of relevant authorities to investigate organized attacks on government MPs. When the writer raised this issue with Minister Ranatunga a few moons ago, the Gampaha District SLPP strongman expressed serious disappointment over the status of the investigations.
Declaring that his properties at Udugampola, Gampaha, had been set ablaze in the presence of law enforcement officers, Urban Development and Housing Minister Ranatunga said that he was still awaiting the conclusion of the investigation undertaken by the Human Rights Commission. None of those who had been identified as responsible for systematic destruction of houses and other properties belonging to government members and in some cases supporters hadn’t been dealt with.
President Wickremesinghe’s recent disclosure of efforts to force him out of the Premier’s Office revealed that there hadn’t been a proper investigation into the Aragalaya at all. What is the mysterious evil hand preventing justice being done to victims of mob justice by Aragalaya? But the evil West leaves no stone unturned in seeking “justice” on behalf of the LTTE and its sympathisers, who tried to break up this country through sheer raw terror.
It would be interesting to know the status of the investigation promised by the Attorney General Sanjay Rajaratnam, PC, into the May 9/10 attacks on politicians’ properties. A case filed by a group of politicians, demanding an investigation into these incidents, had been withdrawn in late May, 2023 on an assurance given by the Attorney General.
The State Counsel appearing on behalf of the Attorney General assured Court that the AG had received an assurance from the Public Security Ministry that there would be a formal investigation into the incidents and secondly, the Secretary to the President promised that the Wasantha Karannagoda Committee report on the May 2022 incidents would be brought to the attention of the President.
What is the status of the promised investigation? President Wickremesinghe cannot absolve himself of the responsibility for ensuring a comprehensive investigation into violence perpetrated during 2022.
In spite of allegations that the JVP instigated an attack on Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa at the Galle Face protest site on the afternoon of May 09, 2022, the main Opposition party never pushed hard for an investigation.
Recently MP Premadasa confirmed the alleged JVP plot when the writer sought his response to SLPP MP Johnston Fernando’s declaration that Premadasa would have been lynched if his driver failed to reverse the vehicle at high-speed after the JVP mob surrounded Premadasa. Sunil Handunetti declared that both Johnston and Sajith should have their heads examined. But JVP Leader Anura Kumara Dissanayake was virtually received with open arms by the same Aragalaya activists on the same day at the same venue
Another matter for serious concern is that all suspects arrested in connection with the killing of MP Amarakeerthi Atukorale were granted bail without the AG being consulted. The accusation has been made by the AG in respect of the decision taken by the Trial-at-Bar of the Gampaha High Court. We would refrain from commenting on the issue at hand as the matter is pending before the court.
The Wickremesinghe-Rajapaksa government has completely ignored ex-President’s allegations that the military deliberately failed to thwart the public protest campaign that was launched on March 31, 2022. Gotabaya Rajapaksa went to the extent of alleging that Chief of Defence Staff (CDS) General (retd.) Shavendra Silva and Defence Secretary General (retd.) Kamal Gunaratne may have failed to take tangible measures as they were under pressure due to war crimes accusations directed at them by the US. However, it must be pointed out that General Silva hadn’t been at the helm of the Army at the time Aragalaya overran Janadhipathi Mandiraya with ease.
President Gotabaya Rajapaksa replaced General Silva on June 1, 2022, following the May 09 incidents which shook his government with Vikum Liyanage, also of the Gajaba Regiment as the Commander of the Army, though various interested parties found fault with Silva, who headed the celebrated 58 Division that in way spearheaded the war victory, for not protecting Gotabaya Rajapaksa’s government.
The UNP also provided muscle to Aragalaya. Former MP and current presidential advisor Ashu Marasinghe and SJB MP and Minister Harin Fernando had declared the UNP’s direct role in Aragalaya whereas the JVP and its breakaway faction the Frontline Socialist Party (FSP/Peratugami Pakshaya) played a significant role. However, the vast majority of those who provided the real strength to the protest campaign were not members of any political party but angry Sri Lankans influenced by the collapsing of the economy. They also engaged in looting in some instances but there were organized groups which caused massive destruction, systematically at the behest of Aragalaya masterminds operating from behind the scene.
President Wickremesinghe should name those who had asked him to give up the premiership. Speaker Abeywardena, too, should reveal who threatened to harm him unless he fully cooperated with the Aragalaya.
By Lynn Ockersz
White-clad and smug,
In cavernous Limousines,
The dignitaries are back,
Trying out winning smiles,
Surveying the debacle,
Of these brave decades,
Of people and homesteads,
Sinking mercilessly,
In backwaters of neglect,
Which is the best proof yet,
That the land’s periphery,
Has not figured much,
On the planning boards,
Of those ‘strutting and fretting,
Their hour’ on high ground.
By Shamindra Ferdinando
Jaffna district parliamentarian Mathiaparanan Abraham Sumanthiran’s recent declaration supportive of the militarily defeated Liberation Tigers of Tamil Eelam (LTTE) particularly captured the public attention.
Then soon after, MP Sumanthiran surprised all by appearing on stage with President Ranil Wickremesinghe, in Jaffna, where the UNP leader bestowed land deeds on a selected group of people.
With them on stage were EPDP leader Douglas Devananda, MP, and Dharmalingam Siddharthan, MP, of PLOTE/TNA whose father, Visvanather Dharmalingam, MP (Jaffna District) was assassinated by TELO at the behest of Research and Analysis Wing (RAW) in Sept 1985. (Siddharthan himself told the writer that his father and colleague Jaffna District MP Arumugam Murugesu Alalasundaram were abducted and killed in a Mafia-style TELO operation). Will deal with Sumanthiran’s Jaffna move later.
Issuing a statement ahead of Tamil Genocide Remembrance Day that was marked on May 18 around the world, Sumanthiran, PC, now in his third term as a lawmaker, said: “Although it is my personal belief that a just political liberation cannot be achieved at the point of a gun, I have repeatedly stated that we cannot today decry or judge the decision taken by the Tamil youth who saw no other option at a time when oppression and military….”
The Illankai Arasu Katchi (ITAK) MP went on to say: “I have also consistently emphasized that the commitment and sacrifices unselfishly made by those who took up arms on our behalf should be regarded very highly.”
Sumanthiran tweeted hours before he paid respects to those who perished in fighting and the civilians at the Mullivaikkal commemoration site. However, Sumanthiran attended another commemoration also on the same day organized at the Viharamahadevi Park by several groups, including the Global Tamil Forum (GTF), to remember “all victims of war over 30 years in the North and South.”
Some found fault with MP Sumanthiran for attending the Colombo event where organizers quite rightly refrained from making reference to any particular group or community. There hadn’t been a similar remembrance event in Colombo since the end of the war 15 years ago. The same group organized an inter-religious prayer event at the Vavuniya Town Hall grounds, also on the same day.
The GTF should be commended for taking a courageous stand in spite of criticism by those who still seek advantage of the LTTE’s crushing defeat.
Perhaps, the GTF-led group should have made reference to Sri Lankans killed overseas due to terrorism, Indian military deaths here (July 1987-March 1990) and former Indian Premier Rajiv Gandhi’s assassination in May 1991 while campaigning during a general election by a brainwashed LTTE teenage suicide cadre.
The Tamil community shouldn’t confine the war dead commemoration to those who died during the last phase of the fighting with the focus on Mullivaikkal. Commemorations whether in the North, East or Colombo should be devoid of any petty racial connotation, for all were human beings. Such events shouldn’t be allowed to cause further divisions among the communities, under any circumstances. Those who make unnecessary interventions with a view to attracting media attention should be appropriately dealt with by law enforcement authorities.
We also like to ask self-proclaimed international do-gooders why they don’t show even an iota of interest in the unimaginable suffering undergoing by Palestinians at the hands of the Israelis, while they make a song and dance about imaginary genocide they claim to have happened here during the last phase of fighting.
The ITAK is the main constituent of the Tamil National Alliance (TNA) that had been formed in late Oct 2001 in line with the community’s overall politico-military strategy to achieve Eelam. Against the backdrop of the worst-ever battlefield defeat that had been inflicted on the Army in April 2000, Eelam seemed achievable. Having defeated the 54 Division, deployed at the Elephant Pass sector then widely believed to be impregnable, thereafter the LTTE almost succeeded in overwhelming the Army in the rest of the peninsula.
Muslims’ dilemma
The Sinhalese and Tamils should also publicly repent the suffering experienced by the Muslim community. That community suffered untold hardships for being steadfastly taking a stand against separatism. Had they thrown their weight behind the LTTE, the country could have been overwhelmed and the 2009 absolute victory over the LTTE couldn’t have been achieved. So, do not hesitate to recognize the Muslims’ commitment as a whole to Sri Lanka’s unitary status. They paid a very heavy price for being always supportive of the government stand for a united Sri Lanka, whoever was in power.
The 2019 Easter Sunday massacre, carried out by a group of extremist misguided Muslims, shouldn’t in any way be used against the community. Officers and men of the Muslim and Tamil communities served in the armed forces and police with distinction and made quite a contribution to the overall success of the war.
Just five months after the LTTE resumed war in June 1990 in the wake of the IPKF withdrawal from the temporarily-merged North and East Provinces, the LTTE ordered the Muslims out of the Northern region, comprising Jaffna, Kilinochchi, Mannar, Mullaithivu and Vavuniya giving them a matter of hours to leave. The then President Ranasinghe Premadasa’s government couldn’t do anything about it. The international community turned a blind eye. Tamil politicians remained silent. No one dared to challenge the LTTE’s inhumane and drastic move.
Twenty-one years later a deranged Norwegian Andres Breivik massacred 77 persons, mostly children in two attacks the attacker claimed was influenced by the LTTE’s eviction of the Muslim community from Northern Sri Lanka.
Did the late LTTE theoretician and ideologue Anton Balasingham approve of Velupillai Prabhakaran’s plan to force Muslims out of the Northern Province? Balasingham, the one-time British High Commission employee in Colombo, passed away in the UK, in Dec 2006, of kidney failure, a couple of months before the LTTE lost control of the Eastern Province.
Far right Breivik, then 32, a few hours before he went on the rampage on July 22, 2011, made reference to the LTTE’s eviction of the Muslim community from the Northern Province, in his so-called manifesto posted online. The following are the references (1) Pro-Sri Lanka (supports the deportation of all Muslims from Sri Lanka) (Page 1235) and (2) Fourth Generation War is normally characterized by a ‘stateless’ entity fighting a state or regime (the EUSSR). Fighting can be physical such as the Liberation Tigers of Tamil Eelam (LTTE) to use a modern example. (Page 1479).
Perhaps, Sri Lanka should have asked those who had been demanding international inquiry to include the Norwegian massacre in their agenda. One of Sri Lanka’s foremost diplomats, the late Jayantha Dhanapala, appearing before the Lessons Learnt and Reconciliation Commission (LLRC) in 2010, stressed on the need for accountability on the part of foreign governments. The then Mahinda Rajapaksa government, probably blinded by unfathomable victory, was not bothered. It only saw immediate political advantage out of the developments even forgetting the long term ramifications for the country.
Focus on Sumanthiran
Sumanthiran on his knees before the Mullaivaikkal monument
(pic courtesy Tamil Guardian)
Maybe MP Sumanthiran should have recognized the LTTE as the group that continued the war until the very end. The parliamentarian shouldn’t have hesitated to do so though terrorism cannot be justified under any circumstances. The LTTE, however, proved its conventional capabilities throughout the war. The casualties, and the losses the group inflicted on the Indian Army underscored its fighting capabilities.
As Sumanthiran entered Parliament at the 2010 General Election, perhaps he hadn’t been affected by the LTTE’s wartime strategies and unprecedented developments that characterized the conflict, with him comfortably settled down in Wellawatte.
The writer first met Sumanthiran at A.J.M. Muzammil’s (incumbent Governor of the Uva Province) residence at No 07, Alfred House Road, Colombo 03 in June 2011. Muzammil, who had been a UNP member of the Western Provincial Council (WPC), arranged the writer to interview former Tamil Nadu State Assembly Congress I member Hasanali Kuddus at his residence. The new entrant to the Parliament Attorney-at-Law Sumanthiran, too, was there on that occasion and the writer had an opportunity to seek his opinion on some contentious matters.
Naturally, matters raised herein included the recognition of the LTTE by the TNA as the sole representative of the Tamil speaking people ahead of the signing of the Ceasefire Agreement (Feb 2002), LTTE-TNA joint boycott of 2005 presidential poll that cost UNP leader Ranil Wickremesinghe victory (the writer wouldn’t humiliate the defunct LTTE by repeating allegation that the Rajapaksas bribed the LTTE to order the boycott. The LTTE may have accepted money but the boycott was not certainly inspired by that) and still unbelievable was the TNA backing for the war-winning Army Chief Gen. Sarath Fonseka at the 2010 Presidential Poll. The TNA ensured a comfortable victory for Fonseka in the entire then merged North-East Province though he lost badly in the rest of the country. Mahinda Rajapaksa secured a second term by obtaining 1.8 mn votes more than Fonseka. A silly claim of computer “jilmaart” by Fonseka’s camp made his defeat even worse.
Kuddus, in an exclusive interview with The Island, strongly defended the eradication of the LTTE though concerns remained of atrocities allegedly committed by the military. Declaring that Sri Lanka couldn’t be punished on the basis of unsubstantiated war crimes allegations, Kuddus said that no country would be safe if legitimate governments were deprived of the opportunity to neutralize threats posed by terrorism. If Sri Lanka could be questioned over its right to hit back hard at the LTTE, what would be the position of the Indian military battling those who had taken up arms? (Congress I member Hasanali speaks out, The Island, June 16, 2011 edition)
At the April 2010 General Glection, the Tamil National Alliance (TNA) won 14 seats. Thirteen were elected while the party secured just one of the 29 National List slots. The TNA picked Sumanthiran as its NL member. It would be pertinent to mention that the TNA was placed third in terms of the number of seats won at that election. The UPFA secured a staggering 144 seats, including 17 NL slots whereas the UNP-led United National Front obtained 60 seats. Nine NL MPs were among them.
The TNA tally drastically dropped due to the eradication of the LTTE. At the previous general election conducted in April 2004, close on the heels of the devastating split in the group, the TNA won a record 22 seats, including two NL slots. The European Union Election Observation Mission, in its report found fault with the TNA for being the beneficiary of poll violence unleashed by the Tigers to stuff ballot boxes in TNA’s favour. That was the best outcome for the TNA at a general election.
At the last General Election, the TNA tally was reduced to 10 MPs. It is a pity that Sumanthiran couldn’t gain the leadership of the ITAK at a keenly contested election in January this year. Jaffna District lawmaker Sivagnanam Sritharan secured 184 votes while M.A. Sumanthiran obtained 137 votes.
Let us get back to MP Sumanthiran’s appearance on stage in Jaffna with President Wickremesinghe last week. During his brief statement, the President’s Counsel made reference to the LTTE-TNA boycott of the 2005 Presidential Poll that caused Wickremesinghe’s defeat, Mahinda Rajapaksa’s election and the unthinkable annihilation of the LTTE. The Presidential Media Division (PMD) quoted Sumanthiran as having told the gathering: “It is possible that the challenges in the North may have impeded your journey in 2005, a fact that I believe is now regretfully acknowledged by the people of the region.”
In the wake of a minor commotion over MP Sumanthiran’s appearance on stage with Wickremesinghe, the PC tweeted that his attendance at the state functions in his electorate shouldn’t be considered as an endorsement of the UNP leader’s candidature at the forthcoming Presidential Poll. The Jaffna District MP’s tweet is irrelevant. His declaration pertaining to the 2005 Presidential Poll clearly meant his support for Wickremesinghe.
The bottom line is that if not for that strategic mistake made by the LTTE and TNA in 2005, they could have achieved military superiority in the North after the then expected UNP victory as Wickremesinghe hardly making even a whimper against the LTTE. MP Sumanthiran’s politically charged statement in Jaffna should be examined also taking into consideration two key developments-in April 2003 (LTTE quit negotiating table) and January 2010 (backed General Fonseka).
The TNA could have used the opportunity to reach a consensus with President Rajapaksa if the party at least adopted a neutral stance. Instead, the TNA joined with the UNP and the JVP to defeat President Rajapaksa, thereby causing a lot of hostility. Backing Fonseka also dealt a severe blow to the TNA’s credibility in the backdrop of war crimes accusations directed at the Army.
GR meets Sampanthan at India House
Sumanthiran cannot be unaware of an attempt made by India in 2011 to work out an arrangement between President Rajapaksa’s government and the TNA.
TNA leader R. Sampanthan has been keen to normalize relations between his party and the government. The veteran politician appeared to have felt that such an arrangement could have helped his community and sought Indian intervention. But a section of the party sabotaged that effort, thereby undermining reconciliatory moves.
Following an incident at Alaveddi that had been staged by the group opposed to Sampanthan’s bid, an angry Defence Secretary Gotabaya Rajapaksa told the writer of a hitherto unreported meeting between him and Sampanthan at India House on June 08, 2011. The meeting that had taken place in the presence of the then Indian High Commissioner Ashok Kantha could have facilitated post-war reconciliation.
Pointing out that the June 16 incident at Alaveddi was meant to harm reconciliatory moves, Gotabaya Rajapaksa said that unwarranted interventions made by various interested parties, including the US, caused complications (GR alleges TNA split over Sampanthan’s reconciliation move with strapline ‘TNA pressured US State Department, several diplomatic missions to take up Alaveddi issue’ in the June 20, 2011 edition of The Island.
Recently SJB MP Mano Ganesan attacked TNA over what he called its post-war honeymoon with the government. A comprehensive post-war examination of political developments, commencing with the formation of the TNA at the behest of the LTTE, is necessary to comprehend the situation today.
The arrest of four persons in February 2017 during the Yahapalana administration, over an alleged attempt on Sumanthiran’s life, underscores the need for a wider examination of developments. The suspects held under Prevention of Terrorism Act (PTA) were granted bail in Oct 2022.
During that administration, the TNA played quite an important role with Sampanthan receiving the Opposition Leader’s post though his party had only 16 seats, including two NL slots whereas the breakaway UPFA faction comprised over 50 MPs. But, Yahapalana bosses decided in favour of TNA. In return, the TNA helped thwart President Maithripala Sirisena’s bid to form a new government under the premiership of Mahinda Rajapaksa. Formed in late Oct 2018, the Sirisena-Rajapaksa effort collapsed in 52 days. Sumanthiran played a significant role in the counter attack in support of ousted Wickremesinghe, who continued to insist he was the Premier regardless of the appointment made by Sirisena. Finally, the SC ruled in favour of Wickremesinghe. The rest is history. However, in the wake of 2019 Easter Sunday carnage, MP Sumanthiran said something which he shouldn’t have said under any circumstances. Addressing the first anniversary event of the political weekly ‘Annidha’ on April 29, 2019 at the BMICH, the TNA spokesman justified the heinous crime. He warned of dire consequences unless the government addressed the grievances of the minorities.
Sumanthiran is best remembered for his role in working out a tripartite agreement on a hybrid war crimes court as announced in Washington in June 2016.
Political parties need to make a genuine effort to move forward. The post-war reconciliation wouldn’t be realistic until parties represented in Parliament stopped playing politics with the war. The Tamil community should accept the LTTE had ample opportunities to reach consensus with the Sinhala leadership, particularly Ranil Wickremesinghe, who pursued a strategy even at the expense of his political life. The LTTE’s cardinal sin or serious error of judgment was the April 2003 withdrawal from the Norway-led peace effort. That was meant to create an environment conducive for full scale war that the group felt could have been brought to a successful conclusion by it. The LTTE was certainly ready for war in August 2005. If not, Prabhakaran wouldn’t have ordered Foreign Minister Lakshman Kadirgamar’s assassination. Full scale war commenced exactly a year later and what was widely believed to be an invincible force collapsed within two years and 10 months. Had the military not taken the civilian factor into consideration, the LTTE could have been wiped out much earlier. The ICRC said so as revealed by WikiLeaks.
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