13th January 2002, Volume 8, Issue 26

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POLITICS

politicspic1.jpg (22644 bytes) Battle over battle to oust CBK

By Suranimala

While President Chandrika Kumaratunga flexed her political muscles last week, pressure was mounted on Prime Minister Ranil Wickremesinghe by the United National Front to act speedily against the chief executive lest the ship of state is steered into stormy waters.

 

Since assuming office, Prime Minister Wickremesinghe has with best of intentions been holding out the hand of national reconciliation to the president, little realising Kumaratunga was working to a strategic plan to pull the rug under the feet of the government at a strategic point close upon end this year, when she is constitutionally permitted to dissolve parliament.

In fact, the president and the Director, President's Security Division, Nihal Karunaratne, have made it known to party members, the government would be either toppled within one year or dissolved in December for fresh elections and should therefore not discuss the concept of a government of national reconciliation.

Opposition comeback

The simple logic of the president is that within the next six months, the economy would take a further beating leading to spiralling cost of living while the peace process too would hit sensitive ground, paving the way for an opposition comeback given the executive authority she wields as executive president.

It is towards that end that Kumaratunga has willingly conceded all portfolios, deciding not to attend even the cabinet meetings thereby disassociating herself from the principle of collective responsibility, a factor which will come in handy when the PA is ready to shake up the system.

At the same time, the president is also making it known to the country she is the boss by vetoing government actions on a selective basis such as refusing to swear in S.B. Dissanayake as Samurdhi minister whilst publicly projecting the image of being accommodative of the UNF administration.

This strategy was amply demonstrated in Kathmandu with the president stating she will support the government's peace initiatives, thus attracting international goodwill as well, while behind the scenes promoting the JVP to whip up communalism on the peace process.

By this manoeuvre, the president hopes the UNF government will be hard put to move against her on the allegations of corruption, abuse of power and other criminal offences lest it is seen as upsetting the peace process. This in turn would give her the much needed respite to get close to the one year dissolution period and out-manoeuvre the UNF.

And in a bid to keep the pressure on the government, a propaganda unit set up under former Media Minister Mangala Samaraweera has already started the campaign using the Sri Lanka Telecom server to send anonymous e-mails attacking the new government's track record while plans are afoot to launch a party newspaper as well.

The prime minister himself got a taste of what's in store last week, with the president deliberately holding back referring the local authorities amendment bill to the Supreme Court as she is required to do under the constitution.

With the government having decided to hold on March 1 the local elections previously postponed by the PA administration, an amendment to the local authorities law was approved by the cabinet enabling the time period for nominations and elections to be reduced by two weeks.

This decision was taken by the government due to the first budget of the new administration being fixed for March 5, thus enabling it to have the elections out of the way first before going in for the gruelling budget debate which runs over 30 days inclusive of the committee stage.

For, as the law stands now it will allow the elections to be held only on March 15 the earliest, which would be slap bang in the middle of the budget debate, thus preventing members of parliament from being involved in the campaign, an advantage which accrues to the PA, having control of a large majority of the local authorities and the provincial councils at present. These administrations therefore will be free to run the campaign using all the resources at their command as was evident at the recent elections conducted under the PA.

Thus, while the cabinet of ministers decided on the amendment and sent it to President Kumaratunga for reference to the Supreme Court as an urgent bill on Sunday, January 5, she decided to sit on it and thwart the government's plans, the delay preventing parliament from approving amending the legislation last week, which in turn had the effect of the local elections having to be postponed for March 15.

Timing of the local polls

Thus, the Kumaratunga manoeuvre, which was aimed at timing the local polls after the budget, giving the PA an advantage based on possible austerity measures the government may have to impose in the budget due to the president herself having run the economy to the ground and taking full advantage of its power in the local and provincial councils, was achieved.

Mind you, Kumaratunga moved to achieve her objective despite express constitutional provision which gives her no discretion with regard to referring an urgent bill to the Supreme Court.

Article 122(1)(b) of the constitution states: "In the case of a bill, which is, in the view of the cabinet of ministers, urgent in the national interest, and bears an endorsement to that effect under the hand of the secretary to the cabinet, the president shall by a written reference addressed to the chief justice, require the special determination of the Supreme Court as to whether the bill or any provision thereat is inconsistent with the constitution. A copy of such reference shall at the same time be delivered to the speaker."

Therefore, the use of the word "shall" leaves no room for president's discretion once the cabinet endorsement is made but nevertheless, she refrained from making the reference to the Supreme Court, instead wanting the matter discussed with the prime minister as a delaying tactic.

Finally, Prime Minister Wickre- mesinghe having discussed the issue with Opposition Leader Ratnasiri Wickramanayake decided to jettison the bill and hold the elections on March 15, leaving open the possibility of postponing the budget for a date thereafter.

In any event, even if the budget is now postponed, it will give the PA a propaganda platform in the country to state, the budget is being delayed till after the local polls because hardships are to follow. But the bottom line politically is that Kumaratunga out-manoeuvred the UNF and got away with it due to the government's reluctance to take the president head on.

However, this presidential manoeuvre has opened the premiere's eyes to Kumaratunga's offer of cooperation as mere public posturing and that sooner than later he would have to deal with her politically if the ship of state is not to sink given the state of agitation among its own ranks over the delay in moving against Kumaratunga.

In fact, Agriculture Minister S.B. Dissanayake last week told the prime minister, he should clearly inform the president that all appointments including those of governors, secretaries, ambassadors and the service chiefs must be made by the new government if there is to be no conflict between the legislature and the executive.

Dissanayake told the prime minister in the event the president does not agree to concede gracefully, the public should be brought to the streets to force her hand.

The minister also told the prime minister, he was prepared to lead the battle for her ouster by bringing the people on to the streets and was prepared to go on public record justifying her ouster on the basis of the president subverting the people's will by placing road blocks on the government's journey towards peace and prosperity for the people apart from the numerous charges against her.

A clever political tactician

"I know Chandrika Kumaratunga very well. She is biding time to sabotage the government while showing a face of cooperation to the public. She is useless at management and governance but is a clever political tactician, we must call her bluff," he said.

This mood was prevalent when the UNF parliamentary group met on Monday, January 6, as well with both Ministers Rajitha Senaratne and Ravi Karunanayake in particular vociferous on the need to take action against the president, chief justice, the IGP and service chiefs.

For Prime Minister Wickrem- esinghe, these developments have led to a dilemma having on the one hand to forge ahead with the UNF's political agenda whilst at the same balancing it with the role of governance and keeping the door open for national reconciliation, notwithstanding Kumarat- unga's subtle manoeuvering.

Thus, when Wickremesinghe met with his ministers at Temple Trees on Monday morning prior to the group meeting, he laid emphasis on the need to implement the government's 100 day programme as a matter of priority as a confidence building measure with the public rather than confronting political issues first.

Said the prime minister: "Ours is the only government that has taken steps to implement promises made during the election as a matter of priority, commencing with the 100 day programme. On the three major promises made of peace, democratisation and alleviating the cost of living, we have already made progress."

Wickremesinghe went on to say, while some people were complaining of appointments to various positions being delayed, the important factor was to address the people's problem . "That is what Winston Churchill did," he added.

Having said that, the prime minister made it clear to his ministers that they were expected to do a job of work without hankering over perks and facilities, especially at a time the public are called upon to face hardships due to the previous administration's ruination of the economy.

"Some are talking about facilities. Forget the facilities and do your work. When I was first appointed a deputy minister in 1977, I did not have an office. When I became youth affairs minister too, there was no office. Gamini who was my deputy had to use his car as an office even after I got one. When President Premadasa became local government minister, he also did not have any facilities. He started by doing Puttu Palams. So don't talk of facilities. You must take the government forward by being innovative," he said.

The prime minister went on to spell out the austerity measures for the ministers by stating they would be allowed only one vehicle each and that a second could be used from the pool while their staff too would be regulated. Added he: "The Sunday Leader has written that I should not be a monitor but a leader. I agree with that position. Don't expect me to be a monitor, I expect you to perform."

Pep talk

It is subsequent to this pep talk that the UNF parliamentary group met where the members spoke out strongly on the need to deal with Kumaratunga and her 'henchmen if the government is to move forward unhindered.'

With the preliminaries relating to the parliamentary agenda out of the way, the prime minister opened the floor for discussion and that saw Lands Minister Rajitha Senaratne opening the flood gates on the PA administration.

Said Senaratne: "We are all talking of forming the government and becoming ministers but the power still vests with Chandrika. PSD Chief Nihal Karunaratne has said within six months this government will be brought down. PA MPs say we will be finished in 100 days. That is because Chandrika has given them hope. She has been able to give them hope because we have allowed the status quo pre-December 5, 2001 to remain."

Continuing, Minister Senaratne said the people too are saying there is no visible change in government because the very people who led the country to destruction are still in place.

"Take the state media. The private media gave much more coverage for Gamini Athukorale's funeral than the state media. The PA is getting more prominence than the government and the people think it is the power of the executive presidency. Her power centres are still in place and the first centre is the chief justice," he said.

Senaratne went on to say, when in opposition it was Karu Jayasuriya and W.J.M. Lokubandara who gave leadership to the impeachment of the chief justice but are silent in government raising serious credibility issues.

CJ and IGP in spotlight

"The people are wondering whether the chief justice who was unsuitable to hold office while we were in opposition has suddenly become good when we are in government. They are wondering whether we too want to control the judiciary by keeping the chief justice. How can you talk of an independent judiciary with Sarath Silva as the chief justice. Even the International Bar Association in its report has passed strictures on the holder of the office of chief justice," he added while Jayasuriya and Lokubandara listened in silence.

Having dealt with the chief justice, Senaratne moved on to IGP, Lucky Kodituwakku, stating he was a man facing serious allegations including his son.

"Why can't they be sent home. It is because of Kodituwakku that there is all pervading violence. He did not even give the elections commissioner the power to conduct a free and fair election. He must be removed forthwith," he charged.

Not stopping at that, Minister Senaratne proceeded to take on Army Commander Lionel Balagalle accusing him of releasing soldiers for Anuruddha Ratwatte's use under the guise of sending them to Jaffna.

"These soldiers went to Thalawinna where the 10 Muslim youth were killed. He is still army commander. What happened in Athurugiriya? Before the elections, we said thermobaric weapons were to be used to kill our leader, Prime Minister Ranil Wickremesinghe. They found in addition anti-tank weapons and LTTE uniforms with cyanide. They can even kill the prime minister or a senior government minister and blame it on the LTTE to sabotage the peace process," he said.

Senaratne said these developments are very suspicious in the backdrop of the president and the PSD chief stating the government will collapse in six months.

"Once they attack under the guise of the Tigers, they will blame it on the removal of the barriers stating the security was compromised. When that happens the commanders will be with Chandrika. Don't underestimate Chandrika, she is ruthless and will do anything to recapture the government. Remember that the PSD sent a team with RPGs to assassinate S. B. Dissanayake during the election. They have no respect for the law. It is a Mafia. People are wondering whether some of our people have secret deals with them," he said.

Forcing CBK's hand

Added he: "Her powers are only confined to paper. The PA said she will appoint the cabinet but what happened. We must appoint new independent people to head the forces. Her hand has to be forced. The air force commander is no better and so with the navy commander.

"I will speak out for what is right and do not mind sacrificing my ministry for the cause," he said.

The minister then proceeded to list out the allegations against the Air Force commander on the release of a MI 17 chopper for the Ratwatte getaway from Kandy and the Navy commander with special reference to Sripathi Sooriyarachchi, the Commissioner General of Essential Services, a point Hindu Affairs Minister K. Maheswaran too took up.

Interjected Maheswaran. "Yes, they will sabotage the peace efforts especially with Sripathi Sooriyarachchi continuing as commissioner general."

At that point, the prime minister intervened to direct Rehabilitation Minister Jayalath Jayewardene to take immediate steps for the removal of Sripathi Sooriyarachchi and handle the essential services sector for the distribution of goods to the north-east.

Following suit was Commerce and Consumer Affairs Minister Ravi Karunanayake who said one aspect of the government's 100 day programme should be the ouster of Kumaratunga.

Action against the president

"Until we run a political campaign parallel to the government's agenda for economic revival and peace, we will be checkmated. She has nothing to do now other than plot and plan. There are enough allegations against the president to impeach her and even incarcerate her. Let us show the public we do not intend sweeping issues under the carpet in the name of co-existence. We can co-exist with the clean people in the PA," he added.

Equally vociferous in their support for action against the president and others cited were Ministers Gamini Lokuge and Jayawickrema Perera with Minister S.B. Dissanayake adding fuel to the fire.

Said Minister Dissanayake: "I agree with the sentiments expressed. I know Chandrika well. She cannot work or govern but is very smart when it comes to political manoeuvering. She is plotting even now to capture power. They will try to achieve this objective by sabotaging the peace process. Let's move against her now," he said.

However, the prime minister was of a different mindset, once again adverting to the 100 day programme and good governance as a panacea for all ills.

"We must do the 100 day programme successfully. Then even if she dissolves, we can return with a bigger majority. In any event, she will not dissolve if the government is popular," Wickremesinghe said.

But Wickremesinghe realises, the MPs are in no mood to face the hustings again in a year, irrespective of the popularity of the government and that the pressure to move against the president, chief justice and the IGP amongst others will intensify as the weeks go by.


Eight little things

The UNF government has embarked on a 100-day programme of reform, with the various ministries spouting out a plethora of trivia, which they allege will make our nation a better place. The Sunday Leader would like to contribute just eight points for inclusion in this programme. We invite the ministries concerned to tell us whether or not (and if not, why) they will adopt and implement the proposals made here.

THE PRIME MINISTER: Monthly press conference

One of the best traditions of Westminster is Prime Minister's Question Time, the weekly session in which both sides of the House grill the prime minister on issues of current interest. This is the occasion on which the public comes to grips with the fact that it isn't all roses being PM. That custom however, has been dead some time in Sri Lanka, and given that parliamentary proceedings are not televised, it would in any case be of only passing relevance to the public. The US tradition where the president subjects himself to a press conference from time to time is perhaps more apposite to the media culture which dominates the world today. As every reader must have seen on CNN and BBC already, this is where the US President, standing at a podium before the (seated) members of the Fourth Estate, takes quick-fire questions put to him from all sides. It brings home more than anything the true meaning of accountability. Accountability, as it happens, is the one thing Ranil Wickremes- inghe has made it clear to which he is deeply committed. Let us look forward then, to the PM agreeing to give a one-hour live-televised media conference at least once every month, preferably on a fixed date and time. More than anything else, this is one thing by which the public can judge a government's bona fides, and it is, what is more, an admirable opportunity for the prime minister to shine. Given Wickrem- esinghe's media-savvy charisma, we hope he will rise to the bait and open a new chapter in governmental transparency in Sri Lanka.

MINISTER OF DEFENCE:

Cease compulsory registration of Tamils

If any group could claim responsibility for the UNF's election victory last month, it is the minorities. The 35 per cent of the nation's vote that belongs to the Tamils, Muslims and Christians living outside the war-torn North and East went almost in toto to the Greens. The Tamils' disgust with Chandrika Kumaratunga has been underlined by revelations of her complicity in withholding information on the murder of ACTC leader Kumar Ponnambalam. Now, with the LTTE's unilateral cessation of hostilities in place and with Prime Minister Ranil Wickremesinghe already pressing home his peace initiative, there is new hope. Colombo is more relaxed than it has been for the past five years, with the roads open and barriers down. The citizenry is breathing freely again, and hope is in the air. But for the Tamils, the very folks who made much of this happen, nothing has changed.

For the past six years, the Tamils of the Western Province have had to suffer the humiliating indignity of living with Gazette Extraordinary No. 889/15. Issued under the Public Security Ordinance by President Chandrika Kumaratunga on September, 21, 1995, the regulation requires all householders within Colombo and its suburbs to register all members of the household with the police. In practice, this regulation is enforced only on Tamils and only in Colombo.

All Tamils in Colombo and its suburbs, whether permanently or temporarily resident, are required in to carry on their persons at all times a copy of a certified Registration Form signed by the OIC of their local police station. Tamils found without a form face immediate arrest and detention. In fact, Tamils found even with a form face the same fate, it being routine to be detained overnight at the police station and released the next day after, according to many, the payment of a hefty bribe. What better way to establish the kind of atmosphere we need for fruitful talks with the minorities than to rescind this utterly inhumane and equally futile regulation? It has not helped one bit to improve security in the city, while causing immense humiliation and inconvenience to Tamils. Gazette Extraordinary No. 889/15 is not part of the solution: it is part of the problem.

FOREIGN MINISTER:

Multiple-entry visas to and from India

With feasibility studies about to commence on a land bridge between Mannar and South India, it seems the UNF government has firmly committed itself to the concept of intimate links with the subcontinent. Given the on-going evolution of the EU into a 'United States of Europe,' this would indeed appear a step in the right direction. Sri Lanka could serve not just as a service centre for Indian commerce, but also look to performing as an offshore banking hub: a grand ideal. Look then, at the miserable queue of visa applicants lined up in the hot sun on Galle Road, outside the Indian High Commission, and it seems that this grand ideal will never amount to very much more. Getting an Indian visa (or for that matter, any visa at all) is about as painless as having a root canal filling. For Indians travelling to Sri Lanka, things are arguably worse. They have to mail their passports to the nearest Sri Lankan consulate (often more than 1,000 km distant) and wait, chewing their fingernails, for weeks.

The solution then is to grant visas on arrival, as the Foreign ministry is evidently already intending to do. But how will this benefit Sri Lankans unless India reciprocates in kind? And so long as the LTTE is active, and as long as India has tensions with Pakistan and with Islamic extremists, it is most unlikely that the Indians would consider a 'visa-on-arrival' system. The more realistic goal would be for India and Sri Lanka, at least as an initial step, to follow the lead of many western nations in granting extended multiple-entry visas, valid for example, for two to five years with a stay of 90 days following each entry.

MR. SPEAKER:

Live broadcast of parliament

While our constitution vests sovereignty with the people, the people's sovereignty is in effect reposed in parliament. The day-to-day workings of parliament however, are a mystery to the ordinary citizen. How well do the three MPs he voted for represent his cause? How relevant are the debates to his hopes, dreams, apprehensions and fears? Is the manner in which MPs conduct themselves befitting of the office they hold? People not only deserve answers to these questions, they have a right to know. And the best way to make this knowledge accessible is to make available a live broadcast of all parliamentary proceedings. This is not to say that Rupavahini or other media should be compelled to broadcast the proceedings: just that the live video feed should be available to any station to pick up and broadcast as they desire. If the Speaker is not willing to take a decision on this himself, he could always put it to the house. Then we the people could at least know who is on the side of transparency in government, and who has something to hide. Let us too, follow the practice long established in true democracies across the world.

MINISTER OF TELECOMMUNICATIONS:

Moving towards a civilized service

One of the biggest failures of the 1977-1994 UNP government was its lacklustre performance in the field of telecommunications. Remember the years it took to get a 'loop,' the SPAY system that piggybacked on loops, the Number Allocation Committee, which hurdle one had to pass to get a connection, and above all the hopeless service one received from the erstwhile Department of Telecommunications. All that ended with Mangala Samaraweera and his imaginative privatisation policy, and the entry of two competing wireless-loop operators into the fray, Lanka Bell and Suntel. Praise be, we can now get a new connection in 24 hours, and even SLT's repairmen arrive just minutes after you lodge a service call. Great! But not nearly enough.

The Telecommunications Authority has been a dismal failure. Pick up a phone, and you need to know if it is SLT, Lanka Bell or Suntel before you dial, so you key the '01,' '074' or '075' appropriately. What is more, to find a person or business, you need to look up three telephone directories. Worst of all, cellular users still have to pay for incoming calls, when the world over the practice of 'calling party pays' has taken root. The authority has watched this mayhem for five years now, and done precious little to introduce a user-friendly system. All non-cellular telephone numbers in Sri Lanka should be uniformly zoned geographically regardless of which network (SLT, Suntel or Lanka Bell) is involved. As it happens, the technology for implementing these reforms is up and running: it is just a question of the authority bringing the service providers together to hammer out (or failing that, dictate) the relevant procedures. It can all be done in a month, and if it can't, we'd like to know why.

MINISTER OF INFORMATION TECHNOLOGY:

Abolish the ISP levy

While both the PA and the UNF have paid lip service to information technology, neither has done very much to help IT flourish in Sri Lanka. The internet remains the key to accessing and disseminating knowledge. However, to become an internet service provider (ISP) in Sri Lanka, one has to pay a license fee of a hefty Rs. 2 million, heaven knows for what. That being so, there are precious few ISPs in Sri Lanka, and customers end up paying exorbitant internet-access fees merely because the license fee eventually gets passed on to the customer. Time then to abolish the license fee and allow just about anyone, from any village, to become an ISP. More than all the hot air and lip service politicians pay to the IT god, this little waiver will accelerate the use of IT in Sri Lanka in real terms.

MINISTER OF ENVIRONMENT:

Let's recycle and reduce noise

Given Sri Lanka's fast-rising population, the Ministry of Environment has its work cut out for it. Keeping the environment clean and healthy is not simply a matter of law, but also of educating the public and setting an example. Given the amount of paper that government institutions use (and waste), what better way to set an example than to convert entirely to the use of recycled paper for the stationery requirements of all the institutions under the ministry? Quality acid-free recycled paper is now manufactured by several Sri Lankan companies and NGOs, and is freely available. How about all those letterheads, envelopes and name-cards being printed on 100% recycled paper and board? Not so elegant, perhaps, as products derived from freshly felled trees, but the compromise is an example of what people need to sacrifice in order to create a healthier, sustainable environment.

Among the plethora of pollutants that adversely affect the lives of urban dwellers is street noise, especially from motorcar horns. Though not as bad as the Indians, Sri Lankans are a nation of inveterate tooters. Given that rear-view mirrors are seldom used by Sri Lankan drivers, overtaking on outstation roads can only be undertaken after a warning toot at the vehicle ahead. However, urban driving is entirely possible without the need to toot, and several enlightened drivers have never seen the need to toot in the city. While tooting has been prohibited (in the breach) outside courthouses and hospitals for decades, wanton tooting goes on regardless everywhere. Next time you step out on to a road, observe the tooters.

You will see that almost all tooting has nothing to do with safety: it has only to do with impatience, just plain slovenliness, or a warning that says in effect, "Move aside: I'm about to do something utterly stupid." As Sri Lanka becomes more prosperous and the number of vehicles on our roads increases, we need to adopt better road-use practices. All these require not just new laws, but effective systems of driver and rider education. A one-month crash program on television to make road users aware of the hazards of noise pollution should be followed by a strictly-enforced prohibition of horning in urban areas, denoted perhaps by appropriate street signs. This is a program in which the ministries of environment and transport must jointly engage, together with the police. Let's see it happen!

MINISTER OF TRADE:

Distribute medicines through Sathosa

Minister Ravi Karunanayake is obviously a man in a hurry to deliver the goods, and a good thing, too. His programme to keep most Sathosa outlets open 24 hours has run into stormy weather, but no matter. If it cannot be done practically, it could just as easily be abandoned: there's no sin in that. What might be more practical is a 12-hour Sathosa service on a seven-to-seven basis. Be that as it may, the Sathosa retail network could provide a vastly improved service to the public, focusing on more than just essential foodstuffs.

An area with great potential is that of prescription medicines. Obtaining the full range of prescription medicines is not always easy, as many less-used items are not stocked by private pharmacies. What is more, many private pharmacies do not stock items that need special storage, e.g. refrigerators. In the campaign leading up to last December's general election, the JVP made much of the need to abolish brand-named pharmaceuticals and opt instead for generic drugs. Given the quality consciousness of the public, this may be rather ambitious, as many generic imports are known to be of poor quality, and it is simply impossible to test every pill for potency and safety. By obtaining a franchise for its outlets from the State Pharmaceuticals Corporation, and given its broad reach, Sathosa services should be enhanced to include pharmaceuticals and thereby enhance the value the public derives from the CWE network.

 

 

 

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