Features
NM’s 117th Birthday: Abolishing Executive Presidency never more topical
By Dr. Jayampathy Wickramaratne
On 06 June, we remember Dr N.M. Perera, Leader of the Lanka Sama Samaja Party, parliamentarian par excellence, Leader of the Opposition and Minister of Finance on his 117th birthday. Hardly a week passes without references to analyses and predictions made by NM and his comrade and friend, Dr Colvin R. De Silva. Professor Harold Laski, NM’s guru at the London School of Economics, thought that NM would make an excellent Chancellor of the Exchequer, while Sir Ivor Jennings said that he would be an excellent Labour Prime Minister. Ajit Samaranayaka described NM as “the best Prime Minister Sri Lanka never had”. To the people of Thun Korale, he was “parippu mahattaya” who, with his colleagues of the LSSP, saved hundreds of lives of the poor during the malaria plague by distributing medicine and essential food items. A path that NM and his comrades cleared to access a remote malaria-stricken village in the present Panaakura Grama Niladhari division in Deraniyagala is still called “malaria para”. For us who grew up in the Sama Samaja movement, he was “NM sahodaraya”.
NM and Parliament
As we celebrate NM’s life on his birthday, the large majority of the people demand that the Presidential system of government be completely abolished. It was NM who made the most penetrating analysis of the 1978 Constitution, which almost entrenched the Executive Presidency. This was by way of a series of articles he wrote to the Socialist Nation, later published as a booklet, A Critical Analysis of the 1978 Constitution of Sri Lanka, which has become the Bible for those who wish a return to a parliamentary form of government. Justice cannot be done to NM by briefly summarising his writings on the subject. Instead, readers are encouraged to read and re-read them.
NM was unhesitatingly for a parliamentary form of government, not surprising given that he was one of Sri Lanka’s best-known parliamentarians who was awarded a DSc degree by the University of London for his comparative study of the parliamentary procedures of the United Kingdom, United States, France and Germany. He pointed out that the parliamentary form of government had worked for thirty years in Sri Lanka with a degree of success that had surprised many Western observers. A few weeks before the Second Amendment to the 1972 Constitution introduced the executive presidency, NM wrote:
“We look in vain in the speeches of [Prime Minister J.R. Jayewardene] for a clear and concise enumeration of the defects of the present Constitution which make the wholesale rejection of the present structure desirable. His lame contention that the present system of Government makes for instability and lack of continuity scarcely bears examination. He mentions the case where Prime Minister Dudley Senanayake was compelled to resign and call for fresh elections in July 1960, after his defeat on the Throne Speech following the March elections. Similarly he cites the case of Mrs. Bandaranaike, who was defeated on the Throne Speech debate in Parliament in December, 1964. One would have thought that these, the only two examples he cited, strengthened the case for the present Parliamentary system. They neatly reinforce the power of democracy. In both cases the elections that ensued registered a change in the complexion of the Government that existed. Surely, it is in crucial moments like this that the true worth of democracy is manifested. Judged by any standards, the examples he cities only prove that the present Parliamentary system has been tested and found not wanting.”
People are for abolition
If there were sceptics about the desirability of the abolition of the Presidential form of government, the conduct of Presidents Sirisena and Gotabhaya Rajapakse has helped assuage their fears. Acting through a Presidential Task Force, President Sirisena banned the pesticide Glyphosate with devastating results for agriculture, especially the tea industry. He acted not on the advice of scientists but of a politician monk. The unilateral decision by President Gotabhaya Rajapakse to completely ban agrochemicals as part of his ambitious programme to make Sri Lanka the first country with 100% organic agriculture, again egged by the same monk and a trade unionist doctor, ended up in disaster. The mishandling of the economy under his watch has left the country in shambles.
A survey conducted by the Centre for Policy Alternatives (CPA) in October-November 2021 revealed that just over half (50.3%) of those interviewed were of the opinion that more powers should be given to the Parliament by reducing the powers of the President. One-fourth of the respondents thought that more powers should be given to the President. When a survey was conducted just six months later, in April 2022, 74% of the respondents opined that the Executive Presidency should be abolished. It is significant that among Sinhala respondents, the figure was 74.2%, higher than the national percentage. Thanks especially to President Gotabhaya Rajapakse, people have now become wiser.
It is apt to quote from a recent statement of the United Left Front: “If anyone had reservations about abolition, recent events that led to an economic and agricultural crisis unprecedented in Sri Lankan history and the breakdown of law and order should convince them that such crises could have been averted if there was collective decision-making through the Parliamentary process rather than unilateral decisions being taken by a President.”
Still, there are many who are fixated on the Executive Presidency. Extreme nationalists believe that it ensures Sinhala Buddhist dominance. Added to them are those who dream of becoming President and their cohorts.
Provincial Councils and abolition
Provincial Councils have come to stay in Sri Lanka, and several political parties that opposed devolution have now accepted that they cannot be abolished. Some opponents of abolition argue that there must be a President with executive powers to deal with possible secessionist tendencies. The best example of how a Parliamentary government could successfully deal with separatist and other extremist movements is India. To assuage fears that a Provincial Council might use its powers to move towards secession, the Steering Committee of the Constitutional Assembly of the last Parliament proposed that the Centre should be constitutionally empowered to intervene in a province in case there is a clear and present danger to the territorial integrity and sovereignty of the Republic. The proposal was for the President, on the advice of the Prime Minister, to assume to the President all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor, the Chief Minister, the Board of Ministers or any body or authority in the Province or even take the ultimate step of dissolving the Provincial Council. The writer would go further to propose that the President be empowered to intervene after consultation with the Prime Minister, instead of on the advice of the latter, as an exception to the rule in a Parliamentary form of government. Such intervention should be approved by Parliament, as is the case of a proclamation of emergency.
It has also been argued that the Executive Presidency is essential for national security. Quite apart from national security, the country saw President Rajapakse being unable even to maintain public order on 09 May and thereafter. His clear directives to the Police not to allow goons to enter Galle Face to attack protestors were countermanded by some unknown force. His own cousin ridiculed him for being unable to prevent the memorial to his parents from being vandalised.
Absurd arguments
One of the most absurd arguments against a Parliamentary form of government is that a person who is not directly elected may become the Prime Minister and thus wield executive power. Whether elected from a district or through the national list, the Prime Minister must command a majority in Parliament; otherwise, he goes home irrespective of whether there is a “PM Go Home” campaign outside. On the other hand, the impeachment of a President is virtually impossible, as NM prophesied and the attempted impeachment of President Premadasa showed.
There have been many instances of politicians becoming head of government without being directly elected. Madam Sirimavo Bandaranaike served her first term as Prime Minister while being a nominated member of the Senate. Indira Gandhi’s first term was as Prime Minister was while being a member of the Rajya Sabha. Premiers I.K. Gujral, Dev Gowda and Manmohan Singh were Rajya Sabha members. Manmohan Singh held office for ten years, all while being elected to the Rajya Sabha from Assam, with which he had no connection. In Germany, Gerhard Schroder opted not to contest a constituency but was Chancellor for seven years, having been elected through the party list. The important thing is that they could have served only as long as they commanded a majority. Madam Bandaranaike lost her majority in December 1964 and had to call fresh elections at which she was elected but could not become Prime Minister.
Political stability
Another argument against abolition is that the Executive Presidency ensures political stability while a Parliament might be unstable. The last few months have shown how even with a President elected with a clear majority, followed by a two-third majority in Parliament and strengthened by the removal of all restrictions imposed by the Nineteenth Amendment, the country became unstable.
Some say that electoral reform that leads to a stable government is imperative if we are to have a Parliamentary government. If the electorate is fractured, no single party will get a working majority. A Parliament reflects the reality of divided opinion. Why have an electoral system that distorts public opinion? The present mess would have been worse if the SLPP had an absolute majority without its coalition allies. We live in an era of coalitions; all governments since 1994 have been coalitions.
The writer is not opposed to a small number of seats being given as bonus seats to the party or coalition that forms the government. The bonus seat at the district level has not served its stated purpose of ensuring stability as the bonus seats get distributed among parties that win the districts. However, the number of bonus seats must not be too large to distort the final result. The Soulbury Constitution provided for six nominated members. A new electoral system should not be a “nokerena vedakama” or an impossible pre-condition as an excuse to continue with the Presidential form of government which has miserably failed.
Each time the flaws of the Executive Presidency surface, we are reminded of how NM had predicted them. Now, when the country has been brought to near ruin by it, let us abolish the Executive Presidency once and for all.
(The writer is a member of the Politburo of the United Left Front).
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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