Should we leave room for authoritarianism in our country again?

Constitutional and legal mechanisms should be in place to prevent micro managing the country’s affairs by any future leaders. Joint efforts by all political parties, at least the major ones and sufficient public debate are necessary to find permanent macro level solutions to our problems. It is time to realize once and for all that only through a well-managed democratic system and not through a dictatorship that we can achieve long term prosperity in a multi-racial and multi religious society like Sri Lanka.

By Gamini Abeywardane

Decades ago I remember, when we had a pure Westminster system of government, whenever people witnessed disorderliness in things they used to say ‘enough of democracy, we need a dictator to correct our people’.  With that kind of thinking much in fashion at the time, J R Jayewardene introduced the executive presidential system of government with authoritarian features in it. And we all have been experiencing bits and pieces of dictatorship ever since.  Perhaps that is why we hardly hear anyone proposing a dictatorship now, to resolve the country’s problems.

With provision for regular elections and proportional representation, theoretically JRJ’s executive presidency was a democratic one.  The difference, however, was unlike in a parliamentary democracy there was too much concentration of power in one person without much accountability. Also, there were no strong independent institutions to provide checks and balances that are necessary to go with a strong presidency.

The dictatorial nature of the constitution was best illustrated by its architect JRJ himself when he said that he could do everything other than making a man a woman and woman a man. Unfortunately, some of the subsequent amendments were to make things worse by making the constitution more authoritarian. Both executive and judicial arms of government were brought effectively under the president through his power to appoint key officials of the state and the judges of the superior courts.

The years that followed till 2001 witnessed the negative aspects of authoritarian trends in the form of protecting the wrong doers, culture of impunity, blatant misuse of executive power and so on with scant regard for democratic traditions that people were used to. Despite these authoritarian trends what prevented the system from developing into a fully authoritarian system was the two term limit for an individual to hold the presidency. 

After experiencing these negative trends that could harm democracy, the first attempt to control the executive presidency and to democratize the system was made in 2001 in the form of the seventeenth amendment to the constitution. The amendment envisaged the appointment of seven independent commissions aimed at depoliticizing the functioning of some vital areas of governance such as judiciary, public service, police, elections, state auditing and control of bribery and corruption. 

These attempts were stifled by two Presidents – Chandrika Kumaratunga and Mahinda Rajapaksa who took advantage of omissions and lacunae in the constitution itself to indefinitely postpone the appointment of some of these commissions making the whole amendment ineffective. This amply displayed the natural desire of leaders in power to cling to those powers or to increase them.

The situation became worse with the introduction of the eighteenth amendment during Mahinda Rajapaksa presidency. What made it easier was the judgment of the Supreme Court headed by Sarath Silva which allowed crossovers in parliament which were originally prohibited under the 1978 constitution. The president in power could thus easily muster the two third majority by getting opposition members in parliament to crossover to the government. The amendment gave the president almost dictatorial powers because he could appoint members to all supposedly independent commissions. The worst was the removal of the two term limit for an individual to hold the presidency.

The two term limit is found in all democratic countries where executive presidential system is in operation. Such limitation is not found in most of the ‘banana republics’ in Latin America and in some African countries which call themselves democracies purely on the basis they hold periodic elections which are often won by the incumbent presidents. The fact is that most of them are not proper democracies in a western sense because the basic freedoms, independent judiciary, free elections and rule of law that are vital in a democracy are not found in those countries.

As people of a mature democracy, Sri Lankans have been used to electing their representatives to the legislature from 1931 and ever since independence they have been electing members to represent them in parliament and changing governments at regular intervals. Thus, people of all walks of life have been proud of their vote as a powerful tool with ultimate power to decide who their leaders are.

In this background it is highly unlikely that majority of Sri Lankans will ever agree to sacrifice their democratic rights in favour of a dictatorship for whatever reason. And this fact was made clear in no uncertain terms when they defeated the presidential bid of Mahinda Rajapaksa to get elected for a third term, bringing into power a new government with promises for re-establishing democracy and good governance.

As an important first step in that direction the nineteenth amendment to the constitution was passed by the parliament reintroducing the two term limit for the presidency and an independent constitutional council which will in turn appoint other independent commissions, improving on what was originally proposed by the failed seventeenth amendment. Thus, the basic foundation has been laid to re-establish a proper democracy in the country. The executive presidency has been made accountable to the parliament, thus removing most of the dictatorial powers it enjoyed earlier.

Now, the task for the present and future governments will be to take the democracy forward with further constitutional and legislative amendments or to introduce an entirely new constitution incorporating a political solution to the north east issue as well. With introduction of better systems of governance, the country should become a modern democracy with no possibility for reversal of this journey by any future leaders or regimes.  

More democracy and systematic empowerment of the people at all levels with suitable mechanism for stability are necessary to resolve problems, be it in the north or the south. In that effort, it has to be made clear that wider discussions are better than single handed decisions in all vital matters connected to the development of the country. The recent history is full of examples of such irresponsible decisions and it is sad to see how even the educated and the knowledgeable have fallen in line for petty personal advantage or due to fear of repercussions.

Constitutional and legal mechanisms should be in place to prevent micro managing the country’s affairs by any future leaders. Joint efforts by all political parties, at least the major ones and sufficient public debate are necessary to find permanent macro level solutions to our problems. It is time to realize once and for all that only through a well-managed democratic system and not through a dictatorship that we can achieve long term prosperity in a multi-racial and multi religious society like Sri Lanka.

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SWRD stood for maximum devolution and proposed federalism

By K S Perera

Young SWRD, on his return from Oxford, England in 1925, professed the case for a federal structure for Sri Lanka, and made it the main slogan when he formed a political party named, the Progressive Nationalist Party. In his articles that appeared in the Ceylon Morning Leader between May and June 1926, Bandaranaike, not only argued for a federal structure, he also spoke in favour of what he called ‘External Federation’, in Ceylon as a unit or a state in a  regional federation of states.

West Ridgeway Dias Bandaranaike joined Christ Church College, Oxford in 1919. A year later studying classics for his Bachelor’s degree, he was allotted a room to be shared with Anthony Eden, who later became prime minister of England. From classics he switched to law and became an active member of the Oxford Student’s Union and made eloquent speeches on democracy, government policies and parliamentary systems.  Bandaranaike became secretary of the Oxford Union in his fourth year.  

Bandaranaike Ancestry

Named ‘West Ridgeway’ after his godfather and Governor of Ceylon, Sir Joseph West Ridgeway, he was born to anglophile Christian aristocratic family and was affectionately called ‘Solla’, among family circles, and ‘Banda’ to political colleagues and the press.

In her work, ‘Relative Merits’: ‘A Personal Memoir of the Bandaranaike Family of Sri Lanka’ (C.Hurst & Co, London-1986) Yasmine Gooneratne, nee Bandaranaike, traces the ancestry of Dias Bandaranaikes and describes how an Indian officer ‘of high standing’ migrated in the 16th  century, served under Kandyan kings. He bore the name Neela-Perumal, and was made high priest of the temple dedicated to God Saman, and commanded to take the name of ‘Nayaka Pandaram’ in 1454, meaning chief record-keeper. ‘For convenience in usage, it became ‘Pandara Nayake’, and with times, the ‘P’ was substituted with a locally palatable B; thus ‘Bandara Nayake’ that later evolved as Bandaranayake. “The Pandarams, Brahmins of India are the record keepers of the court and family”, adds Gooneratne.

  "Named ‘West Ridgeway’ he was affectionately called ‘Solla’, among family circles, and ‘Banda’ to political colleagues and the press"

He was sent to S. Thomas’ College, for his secondary education where he moved into the warden’s bungalow instead of the hostel Hostel. Back in the island SWRD entered politics which brought him in touch with with powerful leaders of the elite and ultimately with the more modest,who presented him with links to the under privileged masses-villagers. During that period, the state conducted its affairs entirely in English when only eight per cent of the population was literate. His own family enjoyed pride of place among island’s British rulers and a small group of wealthy, high caste, highly westernized, Christian elite. This was a sophisticated ensemble, under whose hands power lay when West Ridgeway launched his political carrier later playing the pivotal role in nation’s modern transformation.

He rejected the legality of British rule, compelling him to deny his father’s role as a staunch supporter of the Colonial regime; he sustained an uncomfortable truce with colonial administrators. However, the leading nationalists of the day were suspicious of the young man whose father and ancestors  ridiculed them. From 1936 he served in a Cabinet of ministers led by D S Senanayake, the designer of independence in 1948, a chapter that ended when DS and his men made sure the exit of SWRD from independent Ceylon’s cabinet in 1951. SWRD changed his faith and thinking subsequently. He possessed, to some extent, socialist leanings, paradoxically became extremely perceptive to Sinhala-Buddhist aspirations in later years.

Case for a Federal Structure

When SWRD began his practice as a lawyer in 1926, the political arena was dominated by CNC. Demand for representative form of government emerged with minorities in the CNC agitating for a Constitution and a future political structure based on regional devolution of power. The first three paragraphs of his first article in Ceylon Morning Leader indicates his visionfor the country, when he said:

“At a time when the desire for self-government appears to be growing ever stronger, and successive installments of ‘reforms’ seem to bring that goal almost within sight, two problems of vital importance arise, which require careful and earnest thought. The first is the question of Ceylon’s external status,  that is what is her position as a nation in relation to other nations. The second is her internal status, the adoption of a form of government which would meet the just requirements of the different sections of her inhabitants.

No effort has yet been made seriously to consider these problems, nor indeed in some quarters is it realized that the problem exist at all! There is the usual vague thinking, there are the usual generalizations, to which politicians are only too liable, the catch-words are the bane of politicians all over the world… in Ceylon we find in constant use, such phrases as “co-operation, ” “self-government,” cabinet-government,” without any clear understanding of either what they really involve or whether and to what extent, they are applicable  to our own  particular difficulties.

  "He possessed, to some extent, socialist leanings, paradoxically became extremely perceptive to Sinhala-Buddhist aspirations in later years"

The writer believes the true solution of the problem mentioned is contained in the federal system, and these articles are intended as a GENERAL INTRODUCTION to the subject…” 

-SWRD Bandaranaike.[Ceylon Morning Leader – May 19, 1926]
His proposals for internal federation or a federal structure for Ceylon were outlined in a lecture he delivered in Jaffna entitled, “A federal government for Ceylon” on July 17, 1926. His model was based on structures in South Africa, Australia, Canada and Switzerland. However, the six articles dealt in detail the idea of an ‘External Federation’, more than with a federal structure for Ceylon’s government.

Ceylon National Congress [CNC] and Tamil Opinion
 

Bandaranaike was a member of that category of Asian and African politicians who steered their countries  over the transition from colonial rule to freedom  and helped to introduce  and develop new forms of politics. It is more fitting to include SWRD’s name in a list of second generation post-independent leaders, who followed the first generation men like, Sukharno, Nkrumah, Nehru, Nasser, Nyerere and Lumumba.

A man who had been brought up a Christian amid luxury at the summit of social order, and studied at Oxford, and yet he had abandoned the costly passions, past times, food and drinks of the anglicized privileged class, and of a comfortable life as a government top official and heir of the family estate. He chose now to live simply, and had taken up the language, the religion and the cause of the ordinary man, [but did not lose his interest in Tennis]. He made pronouncement on Sinhala-Buddhist cultural heritage. His comments appeased the thoughts of weakness among the locals who were reassured that a man with Western intellect and education, found their much maligned cultural tradition as rich and valuable as that of the West. As Prime Minster he spoke of present age of transition and of progress towards a better world, and his government sought to enact numerous reforms.

‘Whatever may be said of Bandaranaike, he was no flat, one-dimensional character. This is hardly surprising, since to be a colonial is to be prey to contradictions and counter pressures; to be torn between things local and things cosmopolitan, between Asian and European perceptions, between anti-colonialism and British values and ways, add to that Bandaranaike’s  own highly complex personality and the result is a life that was a tangle of  incongruities.’     -James Manor ; Biographer— ‘The Expedient Utopian :Bandaranaike and Ceylon’- Cambridge [1989]

In the 1930s and 1940s SWRD had turned from federalism to decentralization [Provincial Councils]. As minister of local administration 1936-47, he advocated a system of PCs as Nation’s local government system. However, Bandaranaike failed to take advantage of the consensus of the State Councillors to this in 1940.
The period 1940/41 were tricky ones for him; he could have been fired by Governor Caldecott for his indiscreet comments on war efforts; legislation was being considered at London’s Colonial office for this purpose when his father, the Maha Mudaliyar intervened and appealed to the Governor on his behalf.

This incident caused him to adjust his interest from devolution to succession to the leadership. D B Jayatillake was aging and DS was the obvious choice for replacement. SWRD was thinking of consolidating his position as number two. He was building up his Sinhala Maha Sabha for the purpose.

Thus a great opportunity was lost; PCs that received unanimous approval at State Council for establishing them never saw the light of the day. Was Bandaranaike ‘An Expedient Utopian’?

Biographer, James Manor, titled his book on SWRD, ‘The expedient utopian: Bandaranaike and Ceylon’. Bandaranaike’s commitment to regional councils continued after the independence

A combined power of Sanga-Veda-Guru-Govi-Kamkaru, [‘Budhist clergy, aryuvedic physicians, teachers, peasants & workers’] organized under SLFP’s  ‘Pancha Maha Balavegaya’, who steadfastly supported SWRD Bandaranaike to power at 1956 elections. Some of the stalwarts of this group were impatient; they have been pressing for quick action in effecting changes, while others expected special patronage on dealings.  Bandaranaike was obliged to accomplish the common man’s requests and the nationalist force’s objectives, and the force applied by them for speedy results, are evident in the following statement by his official secretary.

“SWRD, correctly surmised that the average bureaucrat mostly carried out faithfully,… therefore, somewhat slower than his followers expected, shifting out of those who they felt were ‘henchmen’ of the former regime. …I once heard him, “I have only just taken control of the wheel. I can’t, my dear fellow change all the parts at the same time or I won’t be able to move at all. I will replace the brake first,…carburetor next and so on … you must give me time”.  –         - ‘Rendering unto Caesar’- Bradman Weerakoon,  UK (2004)-pp 22/23.

The Western form of thought and habits were changed with introduction of local traditional practices. In many instances, SWRD had to settle personal disputes policy issues within members of the party.  An unprecedented ‘Cabinet strike’ orchestrated by Health Minister, Wimala Wijewardene, [who was named 6th suspect in the murder case] was a catastrophe he faced during his relatively short rule of 1956-59. SWRD understood the importance of correcting  unfairness and injustice caused to minorities over his Official Language Act; through an enactment called, ‘Reasonable Use of Tamil as a working language’, a result of a pact with SJV Chelvanayakam, his school mate and leader of main Tamil party, [ Bandaranaike-Chelvanayagam Pact of ‘58]; but was forced to abrogate it following an enormous protest planned by his five-fold Sinhala-Buddhist chauvinists opposite his residence, while the United National Party, organised island-wide movement against it.

CONSPIRACY AND MURDER

Some of the Sangha-Veda, [Buddhist priests and Aryuvedic physicians], the first two categories of Pancha Maha Balavegaya that elevated Bandaranaike to the zenith, had him murdered when he denied them of special state favours for their nefarious activities.

Head of Kelaniya Temple, Mapitigama Buddharakkitha was one of the main architects of SWRD’s  election campaign and victory, he wanted to import rice from Burma through his shipping company, to which two senior cabinet ministers opposed .   The Prime Minister appreciated his minister’s advice.    Tenders were called for purchase of two ships— the priest attempted to obtain the tender through his influence.  PM absolved  himself from interfering in the affair.   The disgruntled man conspired with, H P Jayawardene, an Aryuvedic physician from Kolonnawa, also a staunched supporter of SLFP. They connived with Somarama, an Aryuvedic lecture, and an extremist Sinhala nationalist, by impregnating in him the idea that SWRD is a traitor who is planning to ‘sell the Sinhala nation and race to Federalist Chelvanayagam: Somarama was convinced.  

A murder of a political leader was an unusual happening in the island nation until 1959, when the Prime Minister was shot on September 25, and the reasons that prompted and forced the conspiracy, and the cold-blooded assassination denotes a remarkable transformation of political and cultural environment, in Ceylon.

“…that morning, I went to Rosemead Place, the Prime Minister was talking to another monk. I occupied a seat at the end of the verandah, and then he came up to me and inquired why I had come …I shot at the Prime Minister once. That shot struck him. He started running into the house, I followed behind him and fired three more bullets. Someone shot me as well and I lost consciousness. I do not remember what happened next”. —Thalduve Somarama--first accused made the above statement from the dock.

- See more at: http://www.dailymirror.lk/88731/swrd-stood-for-maximum-devolution-and-proposed-federalism#sthash.VDVqo5YK.dpuf

Courtesy: www.dailymirror.lk

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Fears of CEPA: How realistic are they?

Indian Prime Minister Mody with Sri Lankan Prime Minister Wickremesinghe

The point to remember is that we can never evade competition in a global village where countries are getting interconnected culturally, linguistically and economically, faster than ever before. The best palace to learn how to face such competition is one’s own neighbourhood and that is why we see regional economic and trade blocs being formed everywhere. Our own SAARC is one such thing formed with much foresight and we can only face global competition by growing as a region and not by trying to survive alone.

By Gamini Abeywardane

From the day it was officially discussed, the Comprehensive Economic Partnership Agreement with India or CEPA as it is popularly known has been a sticking point in Indo Lanka relations. It was more so despite its economic relevance because of possible political and sociological implications. The sensitive issues involved have been bloated excessively by parties that are likely to be affected in both countries who have often looked at things from a micro point of view ignoring the larger benefits for the two countries.

Their only concern has been whether as a group or individually they would be adversely affected due to the possible competition when the trade and economic barriers are relaxed between the two countries. The opposing groups include a section of professionals, traders as well as manufacturers. When there is competition obviously everyone will have to work harder for survival. On the other hand there are definite advantages for both countries coming out of such an economic partnership.

On the positive side the key consideration is the opening of the vast Indian market to Sri Lankan goods and services. While the fears are reasonable the key to survival and future success as a nation is our ability to improve quality and competitiveness of our products and services and face up to the challenge. In the long run if we do not open and remain closed we will never learn to face competition and find it hard to survive in the global race.

Opening of the Indian market to Sri Lankan products would definitely mean that European, US or any other investors who are setting up in Sri Lanka will have the opportunity of accessing the vast Indian market. In other words Sri Lanka would become a gateway to India. For this to happen the ground situation in Sri Lanka should be more attractive to investors. The recent change of government and the two major political parties getting together has provided a promising environment for such investments. 

 

The point to remember is that we can never evade competition in a global village where countries are getting interconnected culturally, linguistically and economically, faster than ever before. The best palace to learn how to face such competition is one’s own neighbourhood and that is why we see regional economic and trade blocs being formed everywhere. Our own SAARC is one such thing formed with much foresight and we can only face global competition by growing as a region and not by trying to survive alone.

To make things even more complex on both sides of the divide there are political groups that thrive on narrow nationalistic sentiments and our country has no shortage of such groups. That is why the subject of CEPA surfaced in the local media creating a furore with comments from various political quarters alongside with Prime Minister Ranil Wickremesinghe’s recent visit to India.

A negative picture was painted as if finalizing such a trade pact with India was imminent instilling unrealistic fears into the minds of some people. Much in debate were the fears over opening up of trade in services. Some politicians were talking about a scenario where local market would be flooded with foreign lawyers, accountants, doctors and business executives rendering most our people unemployed.

However, it is not in the national interest to exaggerate only negative factors to stifle a future trade and investment agreement of a serious nature which will certainly benefit our country and the entire region.  The history will determine the place of those politicians who mislead the masses crying in the name of nationalistic sentiments while the actual motive is their own parochial political ends.

In any comprehensive trade pact when relaxing borders with regard to trade in goods or services, obviously progress will have to be made gradually and systematically over a period of time in a manner that will not be detrimental to the interests of any country. The way trade and investment flow has behaved with partial relaxation in the last few years will have to be taken into consideration when finalizing a more comprehensive arrangement.  

   

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Consensual parliament: A wise beginning

Speaker welcomes the President for the inaugural session of the parliament

By Gamini Abeywardane

After weeks of debate in political circles TNA leader Rajavarothayam Sampanthan has been appointed the opposition leader of the Sri Lankan parliament. This is the second occasion where a Tamil has been appointed as the opposition leader in the parliament of Sri Lanka. The first was when A. Amirthalingam was appointed to that post following the ignominious defeat of the SLFP at the 1977 elections where that party’s representation was reduced to a mere eight seats.

This time it happened under different circumstances when the largest party in parliament, the UNP and the next party, the SLFP entered into a memorandum of understanding to form a national government. The argument in favour of the TNA was that the SLFP cannot be both in the government and the opposition simultaneously following this MOU although some of their MPs have decided to sit in the opposition.

TNA supporters argued that the SLFP by virtue of the MoU has become a part of the government and therefore the Leader of the opposition position should lawfully go to the TNA which is the third largest party in parliament. The difference this time is that a Tamil became the leader of the opposition as a result of some kind of consensus among the political parties in parliament. In 1977 they were entitled to it as they had the second largest representation in parliament after the governing party UNP.

Although some fifty odd MPs had earlier wanted a UPFA member to be the leader of the opposition such a request had not been made to the speaker. On the contrary the TNA’s claim for the post had the full backing of the JVP which has the fourth largest representation in parliament. In fact this was a gesture that showed the political maturity of the JVP and the extent of the transformation it has gone through as a political party over the years.

All in all this would be a development that is hailed locally and internationally bringing the country closer to a permanent solution of its age old national issue. Now it could be the best time for the country to have a serious look at what can be done in terms of devolution and sharing of power among its different communities and find a durable solution that can last for the foreseeable future paving the way for a united Sri Lanka to look at its economic future.

In the post-colonial period one of the main issues in Sri Lankan politics has been the lack of a national consensus on main issues facing the country. Most of our failures as a country have been attributed to this lack of agreement among our main political parties.  The gravity of this issue has become manifest in many areas such as ethnic issue, foreign policy and management of the economy hampering the progress of our country.

This is the first time the country has got out of divisive politics at least for a limited period. This more or less appears to be the will of the people as depicted by the results of the August 17 general election where no party was given absolute majority to form a government compelling the two main parties to get together. Now the understanding is for the UNP and the SLFP to govern the country for the next two years.

The priorities for the two years should be to implement the nineteenth amendment appointing the constitutional council and the independent commissions under it. This will put the country on a firm democratic footing depoliticizing vital areas of governance. Then comes the proposed twentieth amendment bringing about electoral reforms and introducing a mix of first past the post and proportional representation while abolishing the much maligned preferential voting system.

These constitutional changes would create a better environment for the national government to address the most important national issue – devolution of power to the north and east. This has to be achieved through a long process where the views of all stakeholders have to be obtained. The current balance of power in the parliament could be conducive for this purpose as UNP, SLFP, TNA and JVP are all occupying important positions, thus their participation in evolving a constitutional solution would be at the highest level.

If an entirely new constitution can be developed and agreed upon within the two year period embodying all these changes, that could be the best achievement for the country and it will certainly lay the foundation for an advanced democracy and a modern country. Such a development will elevate the country to a new height allowing its people to reap maximum benefits from its locational advantage and its economic potential.   

  

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