Asia’s Tethered Goats – As Silent As The Dead Lambs

By Faraz Shauketaly

Rather like tethered goats, democrats in Sri Lanka stand watch over a complete breakdown of popular concern for the plight that has befallen the pearl of the Indian Ocean. The people clearly are immature or as a colleague put it last week, mere by-standers.

They elect – time after time – at election after election, a bunch of legislators who all fail in their duty by the constitution.
To make matters far easier for all Sri Lankans, and its elected legislators, it’s all written down for them. Article 28 (C) states that, “it is the duty of every person in Sri Lanka to work conscientiously in his chosen occupation”. And all of our elected legislators have certainly chosen their occupation without any let or hindrance from anyone least of all from the very people who elect them into high office. The Principles of State Policy and Fundamental Duties are not justiciable and perhaps there may well be a case to change that part of the Constitution in order that legislators are legally bound giving rise to the public’s ability to sue their legislators for dereliction of duty. If it were enacted within the Penal Code we would have the real possibility of the public charging legislators for Criminal Breach of Trust. That is what the tethered goats in Sri Lanka – read as “us” – really need.
For once, though, we have an almost rare universal appreciation of President Mahinda Rajapaksa, showcasing indeed, what he is capable of, for Sri Lanka. The President’s actions, in dismissing his maverick political ally, Mervyn Silva was met with an enthusiasm – from the maha janathawa — that displayed itself only in May 2009.  On the morning that the MP from Kelaniya was to be unceremoniously sacked, he had already informed President Rajapaksa that he was resigning his post. In fact he had asked for full coverage on radio and TV.
Dutifully and perhaps with some expectation if not trepidation, outside broadcast units were despatched to Park Road where they waited and waited. Mervyn was all set to resign, saying he had done no wrong and if he had upset the government in anyway they could accept his resignation and that would be that. Not long to go before the cameras, Mervyn had a set of visitors, all of whom had supported him. They were councillors from the Kelaniya Pradeshiya Sabha, who told their local hero that there was no way that President Rajapaksa would take any action against Mervyn. The President they said, valued Mervyn far too much to take any kind of severe action. ‘Stay on, why should you resign’ was their considered advice. Mervyn stayed put, his bruised ego somewhat mended.
News of this filtered to the President who immediately summoned Mervyn to Temple Trees. Rather unknown to him, the President had also summoned a whole host of SLFP seniors including Maithripala Sirisena. The President after having a short exchange of words with Mervyn adjourned to a different room to meet the party seniors. The President and his colleague were in effect absolutely fed up with Mervyn and his antics. If it were mere antics that would have been tolerable to a point they said: but ever since the President had brought him into the front-line of politics, Mervyn had shown nothing but a scant regard for the rule of law.
He had closed down bars that had licences and generally caused mayhem in the area disregarding the law and establishing a micro-kingdom in the Kelaniya area. The President readily agreed saying that even after the previous incident at SLRC, he had wanted to punish Mervyn but was precluded because the staff there had assaulted Mervyn. If he had taken action against Mervyn at the time, he would send a wrong message out: that everyone unhappy with his ministers could assault them and get away with it. That was why he had no option but to soft peddle. This time the President was determined.
Armed with the backing of the party seniors, Mahinda Rajapaksa told Mervyn he had no choice and that he would be removed. “Let me resign,” bleated Mervyn. “No, Mervyn, you are my friend but your actions have left me no choice, nothing.”
Once the news of the sacking was released there was widespread acclaim. The President had finally delivered what was expected of him in Article 28(C) of the Constitution, even though Mervyn Silva had not. (It is the duty of all persons in Sri Lanka to work conscientiously in his chosen occupation.) There was hope, after all, that President Rajapaksa may well turn his attention towards Article 28(D) of the Constitution next: to preserve and protect public property and to combat misuse and waste of public property.
The President caught many off-guard with his decision showcasing that he discusses matters only on a need-to-know basis. The Defence Secretary for example was quite unaware even late in the evening that Mervyn was being sacked. It showed that President Rajapaksa was not in the habit of discussing politics with Defence officials and vice versa, unless of course there was a clear need. Many a message was sent to Mervyn on these lines: do not go off the rails, bide your time and be patient. Mervyn, though, with predictable opprobrium, claimed that members of the Opposition Parliamentary Group had already visited him leading some of us to believe that the circus is here for sometime yet.
Ravi Karunanayake acting on his own account or by proxy for his Leader, wandered into the Southern Province holding little pocket meetings within the arteries of Sajith Premadasa’s electorate culminating in a meeting after dark in Beliatta. Here in a seat that has produced one of Asia’s post powerful political dynasties and the pint-sized man with the huge ego, Ravi Karunanayake fell foul of the Premadasa following. Chaos, fisticuffs and the inevitable damaged vehicle later, there were loud claims as to who the perpetrators were. Sajith Premadasa was quick to distance himself from these “gutter politics” saying it was simply not his style. Violence he said was not part of his political implements.
He did have a point: there was no doubting the grass roots appeal Premadasa enjoys. Whilst ordinarily there would be no “harm” in Karunanayake going off into a district that was anyway well served by two members of parliament – Sajith Premadasa and Dilip Vedaarachchi – which would be his right as a senior member of the party, to have done so when relationships are at an acrimonious level was nothing short of ill-conceived political mischief. It is more so when the UNP appears to have a serious split within its ranks and there are so many moves afoot to present the UNP’s unity.
This form of political chicanery will serve no earthly purpose and would only go to showcase the deep divisions that exist in the UNP. Sajith Premadasa had visited Central Colombo at the invitation of the organiser there, Mohamed Mahroof. Karunanayake had arrived in Beliatta on his own and importantly for custom, courtesy and decorum, without an invitation from Dilip Vedaarachchi. Karunanayake’s actions were seen as that of a bull in the China shop.
The piece de resistance of the UNP’s constitutional reforms came at the Working Committee meeting. Fresh from his visit to the Ashram in South India, Ranil Wickremesinghe called his Working Committee to sit. The meeting was a charade in its entirety and served to showcase the UNP Leaders’ penchant for procrastination. Wickremesinghe has proven himself to be a master of procrastination.
The meeting started innocuously enough: asked to explain why he met the President and especially what it is he went to discuss, Wickremesinghe said that he was discussing the changes to the Executive Presidency in its different forms. He was confronted with the fact that no sooner had he started discussions with the President, with whom Wickremesinghe has a close and easy camaraderie, that two members of the opposition had crossed over to the Presidential side. The membership was unhappy that Wickremesinghe sought to see the President on his own and assured the members that he had visited the President last Tuesday to seek an appointment for the entire committee to discuss matters with the President.
Matters moved on a bit and it was time to show support for the Leader even if it meant descending to the gutter. Ranjith Atapattu from the Hambantota District made the astonishing claim that Sajith Premadasa was not helping matters in their district. Ananda Kularatna also joined in the vein saying that even though Atapattu, Cyril and he were the seniors in the area they had never even had an invite from Premadasa to have tea and discuss matters.
Atapattu, the head of the UNP Ex-Parliamentarians Group, had promised them he would bring up the matter of allowing provincial councillors and local government members to be allowed to vote on the reforms. He completed his speech but did not speak on what he had promised his members. Jayalath Jayawardena spoke up saying that it was clear the party was going through contentious times and that it was best that the Convention not be held just yet. He added for effect, if it was to be held now, he for one would not be attending.
Ranil Wickremesinghe then appointed yet another committee. This comprised of four legal eagles in the form of Tilak Marapona, Daya Pelpola, Ronald Perera and Wijedasa Rajapaksa. They were tasked with drafting the new party constitution which would be required at the next Convention. Immediately questions were asked as to the time frame, the new committee saying it was not possible to say with any accuracy when it would be ready. Ranil Wickremesinghe too colluded by saying that it was not possible to give a time frame.
Sajith Premadasa then spoke and enquired as to what would happen at the forthcoming local and Northern provincial elections. Who would be in charge and be responsible he asked and suggested that the party not leave it to the last minute. Clearly quite sure that planning would be of the essence apart from time. He then went on to the point he had asked at the previous working committee – which was as to whether the provincial councillors and local government officers would also be able to vote. Premadasa wanted a vote taken now saying he would accept the decision even if it went against his own thinking on the issue.
Wickremesinghe  did not remark and it was noted that the time was approximately 4.30 pm. Premadasa also took to task Wickremesinghe for admitting Mangala Samarawickrama to the Working Committee saying the rules did not permit anyone to be appointed at this stage. Wickremesinghe sheepishly admitted that being so but said that he had promised Mangala this some time ago. Nevertheless Wickremesinghe got his own way proving yet again that he operates upon the UNP as though it is nothing more than his personal fiefdom.
Other members also spoke on the same matter and by the time it was approximately 6.30 pm Wickremesinghe appeared to wish to wind up the meeting. Not before Lakshman Seneviratne sprang to his feet asking the Leader to respond to Sajith Premadasa’s suggestion of voting on the issue now. Wickremesinghe did respond this time – saying that it was Lakshman Seneviratne himself who had proposed that the previous meetings’ Minutes be passed and that indeed those minutes had been passed in “toto” and therefore, there was no need to talk or vote on anything as the 6-member committee suggestions had been passed in “toto.” There was nothing, said Wickremesinghe with a straight face, in the Minutes of Meetings to suggest otherwise.
An indignant and furious Lakshman Seneviratne said ‘yes, we passed it with amendments to be discussed.’ The Minutes of course had no reference to that! It had been deliberately left out. Those who prepared the Minutes included none other than Wickremesinghe himself. Soon after that Wickremesinghe left the building.
Wickremesinghe’s actions deliberately leaving out the amendments proposed the previous occasion and the effect this would have was that the voting on the reforms – whenever that came – would be limited to the Working Committee, where his support is much stronger than if he was to go to the grass roots. It was agreed that Ranil, Sajith and Ravi would all meet to sort out their differences which was worrying almost the entire party. Wickremesinghe was expected to make that meeting in the course of next week.
Internationally the US Senate put out its report on Sri Lanka which casts doubt on the independence of the Lessons Learnt Commission. In the United States itself 57 legislators signed a petition asking their Foreign Secretary Hillary Clinton to launch an investigation against Sri Lanka’s track record on Crimes Against Humanity. In Sri Lanka the government had terminated the visas of two foreign nationals attached to the NGO Non-Violence Peace Forum. The organisation appointed a local as Acting Country Director and instructed Florington Asirwatham to close down the Human Rights Defenders Protection Programme. HRDPP provided a modicum of comfort to human rights activists and had now sent home local staff working within that unit. It was an ominous sign with no apparent vacuum available to human rights activists in Sri Lanka.