Features
Last Chance for Presidential and Political Reforms
by Rajan Philips
This is a sequel to what I wrote last week concerning President Wickremasinghe’s options and the country’s counter options. I will take one more kick at the can to say why now is the time for presidential political reforms, and why the opportunity should not be missed. As potential reforms go, presidential reform is the centerpiece, but there are also other reform tasks targeting the electoral system, devolution and the provinces, and the administrative system to provide public service independent of political preferences. Hence the rubric of political reforms.
Also, I use the term presidential reform advisedly, to emphasize that reforming the presidency is not abolishing the presidency. There will have to be a president, but one that is somewhere between the old Governor General and the current Executive President. 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 powers of future presidents should also be different. Significantly less than what is provided now, but sensibly more than the ceremonial powers of the past. The Head of State should not be the Head of Government or Head of Cabinet, but could provide a firewall against government interference in the independent functioning of the electoral process, appointment of judges and their independence, and the independent functioning of public servants in implementing government policy.
The Missing Middle
Most of all, presidential powers could be modified to address the implications of the 13th Amendment and the Provincial Council system it created, which have been the principal constitutional change since the presidential system was adopted in 1978. In fact, 13A could be seen as a paradigm shift since constitutional government began in Sri Lanka under colonial rule as well as after it. While debates have been raging for and against the presidential system, on the one hand, and the provincial council system, on the other, the missing middle is the concerted effort to synthesize the two and to reinforce their strengths and restrict their shortcomings.
Sri Lanka still has a few old school legal experts left to do this and more, but the political leadership is woefully wanting in the capacity to realize what is missing and the wisdom to appreciate where help can be found and to get it done forthwith.
President Wickremesinghe thinks and acts like the know-it-all.
Gotabaya Rajapaksa, on the other hand, nationalized native ignorance when he appointed a constitutional committee of so called experts to produce a whole draft for a new constitution without public consultation or parliamentary input. Whatever draft that the now defunct committee produced deservedly ended up defunct as well. So, everyone thought. Now there are attempts to resurrect it. The same sinister forces who got Gota to do every crazy thing they wanted, and then went quiet and hid themselves as Gota’s presidency spectacularly unraveled, are now back at it again. They want the rejected committee report resurrected.
They have found an opening, rather many openings, in all the presidential meanderings of Ranil Wickremesinghe, to peddle their politics; and they have found patronizing media outlets to publicize their petitions. President Wickremesinghe must take almost all the blame for the new turn of events. He has not solicited or secured principled support in parliament, only an opportunistic voting bloc. He handsomely admits that he is not popular as a politician, but does everything possible to alienate the people at every turn. His 13A adventure may turn out to be a misadventure. Rather than building support for incrementally and systematically implementing 13A, he is providing opportunities for its detractors to call for its wholesale rejection.
What is the 13A implementation that the President is trying to achieve on paper when the provincial councils are not functioning and have been in a state of dissolution for nearly five years? Where is the spirit of devolution and how is its purpose being served, when the President relies solely on his executive powers to implement the provincial council system when there is no provincial council anywhere? Doesn’t he want to know what live and functioning Provincial Councils have to say about the implementation of their own system? Or does he know it all?
For good measure the President keeps lecturing MPs that parliament should act responsibly to implement the 13A the way he sees it. At the same time, he dismisses calls by opposition political parties to hold elections, not only provincial elections, but also local government and parliamentary elections. Without elected provincial councils there is no meaningful ‘implementation’ of the provincial council system. Additionally, how can the president expect political parties to support him to implement the provincial council system, when he summarily spurns their calls to implement it by holding elections in the first place? Not to mention the government trying to strong arm the judiciary to stop it from reviewing an apparently privileged but really superfluous parliamentary resolution on domestic debt restructuring.
Or take police reform. No one taking sides in the brouhaha over provincial police powers is showing any concern for the dysfunctional state of affairs in the national police service. In the Sunday Island last week (August 13), the retired DIG Kingsley Wickremasuriya lists the opportunities lost by successive governments for implementing police reform. And he asserts that the current “dilly-dallying with the appointment of a successor to take over, apparently for reasons of political expediency … is the first time in the known history of the Department that the Police had to face such a situation.”
In this state of national police mess, how is a Provincial Council going to handle police powers? It will not be a case of devolving powers, but distributing a national mess. Put another way, nothing can be done provincially unless everything is reformed nationally. There is no piecemeal way to devolving powers without comprehensive political reforms. That does not mean that you consign provincial councils to cold storage without elections, but prioritize and carry out reform tasks systematically and consistently.
The Last Chance
As I noted last week circumstances have brought Ranil Wickremesinghe to his current position of power. 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.
And it can be seized only if President Wickremesinghe were to declare that he will not be seeking a new term as elected president, and disinterestedly invite parliamentarians to join him on a reform agenda that could be undertaken by the current parliament in short order, along with local, provincial and parliamentary elections. He cannot expect and he will not get the requisite support in parliament for any reform if he were to continue maneuvering to be a presidential candidate.
As I also argued last week, any and all reform prospects will be ruined if President Wickremesinghe were to go ahead with his current plans to be a presidential candidate and find way to call an early presidential election at the time of his choosing. There is also the ominous side to Ranil Wickremesinghe and what it could be with him at the helm as an elected president.
And it would be anti-reformative for any political party to let President Wickremesinghe go ahead with his candidacy plans in the hope of being able to defeat him in his own game. Even if he were to be defeated, it will be a pyrrhic victory as far as political reforms are concerned. For there will be no reform as long as there is an elected president, no matter whoever it might be. And if the current opportunity for stopping presidential elections were to be lost, it may not be possible to stop them from continuing for the foreseeable future.
The big question is, what is there to stop President Wickremesinghe going ahead with his candidacy plans? For starters, as caretaker president he cannot call an early presidential election under the Third Amendment. Any attempt to circumvent that restriction or get a favourable court ruling to pre-empt it should be resisted. That resistance will also send him the clear message that the harder he tries to be a candidate, the more unpopular he will become to win an election. But stopping him from being a candidate will not be enough to usher in reforms.
The more positive question, what is there to make President Wickremesinghe to become a catalyst for reform and not a candidate for its ruin. The short answer is Aragalaya Version 2. If that were ever possible. The opposition political parties could take the lead, but so far they have shown a tendency to oppose President Wickremesinghe by following him, rather than forestalling him. For starters, they may try a parliamentary resolution on political reform. If passed, the Speaker could be asked to declare it out bounds for the judiciary.
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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