Obtaining the approval of the Central Committee members of the Sri Lanka Freedom Party (SLFP), which he now leads, to show it was their initiative, President Maithripala Sirisena last Wednesday gave a two-page ‘note’ to his ministers. Titled “Amendments to the Constitution,”He timed it for the week that marked the first year since he quit the previous Government to contest the January presidential election against Mahinda Rajapaksa.
It read –
“In the Manifesto published as the Common Candidate of the alliance at the Presidential Election and in public statements we stated that two major Constitutional Amendments will be undertaken, if I were elected as the President. (Maithree palanayak – Sthavara Ratak)
“These two amendments were:
1. To abolish the Executive Presidency and transfer powers to Parliament.
2. Amend the proportional representation electoral system and ensure democratic participation of the people through a more democratic electoral system.
“Though we succeeded in amending the constitutional provisions relating to executive powers of the President and to re-establish the Independent Commissions within a short span of time, we have to admit that we have not been able to fulfil the total aspirations of the people. Though we attempted to reach agreement on an acceptable framework to revise the electoral system, this exercise failed. We are aware that our electors who looked forward to an era of good governance would not have been happy with the outcome. We have observed that there are many critics who openly criticise the failure of our political parties, the government and its leaders. This is not a secret.
“Proposal
“In this background, I propose that a Cabinet Sub-Committee be appointed under the Chairmanship of Hon. Prime Minister to review this status and to prepare a conceptual note for submission to the Cabinet of Ministers for approval and thereafter to refer it to the Legal Draftsman to draft a Bill as directed by the Cabinet. It is expected that the Sub-Committee will consider the aspirations of other political groups and representations of public organisations.
“Since there had been substantial public, academic and media dialogue on this exercise during the last few months, I further propose that a time-frame also be decided.”
President Sirisena’s first announcement of a move to abolish the Executive Presidency came when he addressed the nationally televised funeral of Venerable Maduluwawe Sobhitha Thera in the grounds opposite Parliament. That he took almost a year to make the announcement — significantly at the funeral with full state honours of one of the principal proponents of the abolition of executive presidency — is one thing. That the Ven. Sobhitha did, on several occasions, complain that the Government had not fulfilled its pledge to the people is another.
These moves notwithstanding, Sirisena has at least admitted to his ministers that “we have not been able to fulfil the total aspirations of the people.” Yet, it will take another four years, as against the first offer of 100 days, if indeed the presidency is abolished. Why has such a move gained immediate priority? Is Sirisena, who said, he would not contest another term as President, having ambitions of becoming an executive Prime Minister? He has, of course, made clear that he has no such ambitions. His reaction was made known to a newspaper which said he was likely to be his party’s Prime Ministerial candidate. Other than that, he has not made any public statements.
The relevant part of Sirisena’s manifesto for the presidential election, among other matters, noted that “………. It is the President who should provide leadership to get the constitutional amendment approved by Parliament. I decided to contest the Presidential election as the common candidate of the people to complete that task…… The President should take the initiative to reach accord among the main political parties. It is to fulfil this task that I decided to come forward as the common candidate of all the people at this Presidential election…… The United National Party has signed an agreement with me for these amendments…… The Janatha Vimukti Peramuna (JVP) has since 1994 agreed with our party to do this.
The Jathika Hela Urumaya has signed an agreement with me to support this measure. Therefore, I will have discussions with other parties and pass this amendment without fail within hundred days. In order to change the Executive Presidential System I am taking as background material agreements for abolishing the Executive Presidential system reached by the Movement for a Just Society headed by Venerable Maduluwave Sobhitha Thera as well as the proposals contained in the Draft 19th Amendment compiled by the Pivituru Hetak Jathika Sabhava headed by Ven Atureliye Ratana….”
Ministers unanimously approved Sirisena’s proposal. Prime Minister Ranil Wickremesinghe who will head the Ministerial Sub Committee told the Sunday Times, “They would first have to decide on the approach they would take.” He said that would include asking political parties for their views both on the constitutional changes and electoral reforms. He said the process could be completed by December.
That, he said, would entail the entire Parliament sitting as a Constitutional Assembly (and not Constituent Assembly). He said the views of civil society representatives too would be sought. An all-party conference would be convened to reach consensus on matters relating to devolution, public finance, the judiciary and other issues. Premier Wickremesinghe said that when all the processes were concluded, a national referendum would be held.
Though originally the Government offered to abolish the Executive Presidency within 100 days of Sirisena’s tenure of office, it did not materialise. Although the new initiative has begun, it will still not become effective until President Sirisena’s present tenure ends at the end of another little more than four years. In terms of the 19A, his term is now restricted to five years. Of course it does give time for Premier Wickremesinghe to spearhead the entire process which will entail a number of knotty issues. This is in view of the different positions taken up by various political parties.
“We are in favour of the abolition of the Executive Presidency. However, there are a number of related issues, like for example, electoral reforms which we will have to discuss,” Anura Kumara Dissanayake, leader of the Janatha Vimukthi Peramuna (JVP), told the Sunday Times. His party, he said, would decide on its final position before discussions with the Government. Rauff Hakeem, leader of the Sri Lanka Muslim Congress (SLMC), told the Sunday Times, “When the entire island is taken as an electorate for a presidential election, there is strong leverage for bigger parties. Electoral reforms should not affect minority parties. Their role should also be taken into consideration.
How the smaller parties and SLFP members opposed to President Sirisena would react to the setting up of the ‘Constitutional Assembly’ is not clear. This group supports former President Mahinda Rajapaksa who had already declared that the presidential system will never be changed by this Government. However, Premier Wickremesinghe expects the ‘Constitutional Assembly” set up and working by early next year. The process will thus continue even whilst the local elections, now certain to be delayed, are held. There are at least 21 amendments awaiting Parliamentary approval ahead of it.
One such amendment is to make provision for the number of seats in local government bodies to be increased by a third. These seats are to be exclusively for women members. The Cabinet of Ministers has already approved a recommendation by Premier Wickremesinghe to amend the Local Authorities Elections (Amendment) Bill. In terms of the decision, recognised political parties and independent groups will be required to submit two different nomination lists at nominations for local polls. One list will contain the names of all candidates of their choice whilst the second would be exclusively for women.
Among other reasons, a Government source said yesterday, the proposed moves to abolish the executive presidency and introduce electoral reforms would also be salutary in meeting what is sought in the UN Human Rights Council resolution in Geneva in September this year. Already a number of measures are now being adopted by the Government.
Samantha Power, the United States Ambassador to the United Nations, who arrived here last afternoon was also briefed on these matters by Foreign Minister Mangala Samaraweera during bilateral talks last night. She will call on President Sirisena and Premier Wickremesinghe tomorrow.
With Finance Minister Ravi Karunanayake’s budget focused on creating a better climate for foreign investors and providing several relief measures to the private sector, economic growth has become an item of priority for the Government. Time constraints seem to be pushing the Government to step up other measures in the political front including the abolition of the executive presidency. Even if that will come four years later, they could claim that the initiatives have already got under way.
Courtesy:Sunday Times