By Col R Hariharan
Constitutional amendments
The Rajapaksa government is set to carry out the much awaited amendments to the 1978 Constitution. The Supreme Court is to give its comments on the proposed amendments and the parliament is scheduled to discuss them on September 8.
The need for constitutional amendments, particularly with a view to exercise some form of parliamentary oversight on the executive presidency, had figured as a major issue in almost all elections. President Rajapaksa had been sounding leaders of most of the political parties including the opposition United National Party (UNP) on this issue ever since he was elected for a second term. However, till now he had not been able to push through the amendments as the ruling United Peoples Freedom Alliance (UPFA), with 144 seats, fell short of two thirds majority support in the 225-member house.
However, towards the end of August, the president managed to win over the support of the opposition Sri Lanka Muslim Congress (SLMC) which has 8-members in parliament. The surprise U-turn of the SLMC, which had been opposing President Rajapaksa all along, shows the declining fortunes of political opposition. The proposed amendments are likely to be passed in parliament with the committed support of 154 members in the first week of September.
The proportional representation system of voting makes it difficult for any political party or alliance to gain two thirds majority in the house Thus the amendment of the constitution will be a politically significant achievement for President Rajapaksa. One of the proposed amendments allows the election of the president for third term in office; this will enable President Rajapaksa a chance to be elected a third term. Thus consolidation of the president’s political power now appears to be almost complete.
Under the 1978 constitution, the President enjoys enormous powers including the unilateral dissolution of parliament and declaration of emergency. He also has powers to appoint judges, heads of armed forces and police, election commissioners and secretaries to the government etc. In a state of emergency, the President can even promulgate emergency regulations to override laws enacted by the parliament. Sri Lanka has a long history of emergency since 1970 mainly triggered by war against Tamil separatists. Even though the war ended in May 2009, the emergency continues to be in force. This has caused concern to civil society organisations both at home and abroad.
In a bid to ensure some form of control over President’s powers to make appointments to high office, the parliament adopted the 17th Amendment to the Constitution in 2001. This makes it mandatory for the president to act on the recommendations of a 10-member Constitutional Council (CC) while making appointments. However, so far there had been no attempt to enforce the 17th Amendment in letter and spirit. One of the amendments proposed now, aims at replacing the CC with a five-member Constitutional Advisory Committee (CAC). The name of the proposed amendment would suggest the advisory rather than mandatory nature of its role. This could defeat the fundamental purpose of the 17th Amendment.
Sri Lanka’s credibility has suffered over allegations of humanitarian and human rights excesses both during the war, particularly in its last lap. Given this background its reputation as a democracy now depends entirely upon how President Rajapaksa handles enormous powers vested in him in the next decade and a half, assuming he is elected for a third term.
Court martial of General Sarath Fonseka
The process of downsizing of the political image of former Army Commander General Sarath Fonseka made significant progress when an army court martial found him guilty of engaging in politics while in service. With President’s approval, the General has been cashiered and stripped of his medals and honours.
Those who gave evidence against the General included the Cooperatives and Internal Trade Minister Johnston Fernando, UNP MP Lakshman Seneviratne, and Major General Krishantha Silva, former Military Secretary.
Fonseka is facing one more Court Martial for his alleged involvement in shady procurement deals, which also involved his son-in-law Dhanuna Tillekeratne. In addition to this, he has also been indicted for defamation over his alleged statement in The Sunday Leader accusing the Defence Secretary Gotabhaya Rajapaksa of ordering the army not to take prisoners during the war in Vanni.
Fonseka is the leader of the opposition Democratic National Alliance (DNA) in parliament. The main opposition parties including the Janatha Vimukthi Peramuna (JVP) alliance partner of the DNA, and the UNP have condemned the conviction of Fonseka, as politics of persecution. Fonseka had opposed Rajapaksa’s bid for the second term as president. Whether it is true or not, the prosecution of the national hero marks the low ebb of politics in the country.
India raises its sights on Sri Lanka
As Tamil Nadu is gearing up for legislative elections, both the ruling Dravida Munnetra Kazagham (DMK) and its national ally the Congress Party have focused on Indian aid to Sri Lanka for the Tamils affected in the war torn Northern Province. The issue had figured in interaction between leaders of both parties at the highest level. And Tamil Nadu chief minister Karunanidhi expressing concern at the proper utilisation of the Indian aid had requested the prime minister for despatching a representative to make a first hand assessment.
Towards the end of the month, the Indian government despatched Foreign Secretary Nirupama Rao on a visit to Vavuniya, Kilinochchi, and Jaffna areas for a first hand assessment of Indian assistance to the affected population. She met a number of displaced persons awaiting resettlement as well as those already resettled. She also visited sites of de-mining operations carried out by Indian agencies.
The visit has brought sharp focus on the implementation aspects of resettlement for which Prime Minister Dr Manmohan Singh had announced Rs 500-crore humanitarian assistance last May. Ms Rao also focused on India’s promise to construct 50,000 houses for the displaced population made during the visit of President Rajapaksa to India in June 2010. She said the houses would be constructed with local participation to give a fillip for their employment.
Both New Delhi and Colombo took another significant step to boost bilateral relations when they signed an agreement to establish Indian consulates general in Jaffna and Hambantota. This was agreed upon during Rajapaksa’s New Delhi visit. Sri Lanka is also likely to establish yet another consulate in India, in addition to the ones now in Chennai and Mumbai.
These Indian moves are significant in the face of sustained high profile interest of China in Sri Lanka for sometime now. On August 15, the President participated int the ceremonial filling of sea water in the harbour basin of the Chinese aided Hambantota Port under construction. This marked the completion of first phase for which the Chinese had given a loan of $ 425 million. Sri Lanka is negotiating for a further $ 800 million loan for the second phase of the $ 1.5 billion dollar project. When completed Hambantota will have bunkering facility and a tank farm project with a capacity of 80,000 metric tonnes. The port will begin handling ships from November. It is one of the four ports being built or upgraded as part of Rajapaksa's plan to boost the economy. They will significantly change the strategic profile of Sri Lanka in Indian Ocean security, apart from impacting trade and commerce.
Tamil refugees in Canada
The travails of Tamil refugees seeking safety overseas were highlighted when Canada intercepted MV Sun Sea carrying over 490 Tamils heading towards Port Alberni in British Colombia. They have been detained in camps apparently for screening before deciding their future. Sri Lanka has alleged that among them were LTTE cadres escaping capture from Sri Lanka and their supporters. In a similar incident last October Canada took in 72 Tamils asylum seekers after their ship Ocean Viking was stranded without a port to berth off Indonesia. It is going to be more and more difficult for Sri Lankan Tamil refugees to find refuge as Sri Lanka is no more considered as war torn country.
August 31, 2010
Courtesy: South Asia Security Trends, September 2010 Vol 4 No 8
www.security-risks.com
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