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SLPP constituent proposes recognition of dissidents, stricter controls on lawmakers et al
By Shamindra Ferdinando
The civil society group Yuthukama, represented in parliament, having been elected on the SLPP ticket, has proposed that dissident lawmakers be constitutionally empowered to function independently.
The Speaker’s recognition should recognise them if 25 per cent of members elected from a particular party or over 5 per cent of the 225-member parliament take a common stand contrary to that of the position taken by a political party.
This is one of the constitutional proposals, Yuthukama recently handed over to the 9-member Expert Committee tasked with formulating a new Constitution subject to parliamentary approval. Eminent President’s Counsel Romesh de Silva heads the committee formed by Justice Minister Ali Sabry, PC.
Yuthukama Chairman and SLPP National List MP Gevindu Cumaratunga told The Island that they initially handed over their proposals to the Maha Sangha and President Gotabaya Rajapaksa in February last year. “We subsequently, developed the proposals, in consultations with those interested in the formulation of a new constitution and handed them over recently,” lawmaker Cumaratunga said.
In addition to the prominent civil society activist Cumaratunga, Anupa Pasquel (Kalutara district) represents Yuthukama in parliament. Responding to another query, MP Cumaratunga said that they would like an opportunity to make further representations before the Expert Committee.
Yuthukama made a spate of proposals meant to improve what Cumaratunga called genuine public representation in parliament. Main among them were (1) 70 elected on first past the post system, 20 per cent elected from among the best losers in proportional representation and 10 per cent through the National List on the basis of countrywide votes (2) Elected members will lose parliamentary seats in case the party removed them or they themselves quit. In such a scenario, Yuthukama has proposed holding of a by-election whereas those accommodated on the National List or categorized as best losers enjoy an opportunity to move the court on the basis they adhered to party manifestos (3) a member should at least serve two terms to earn the pension right (4) The candidate securing the largest block of electoral seats should be elected the President instead of the highest number of votes (5) Local Government system should be revamped with 75 per cent of members elected directly and the rest picked from the best losers in terms of the proportional representation and (6) Transformation of Provincial Councils to efficient mechanisms with the participation of members of parliament.
Of political parties and civil society groups represented in the SLPP only the National Freedom Party and Yuthukama submitted constitutional proposals before the expiry of the deadline on Dec 31, 2020.
The two major parties in the parliament the SLPP (145 seats) and the SJB (54 seats) and the JVP (3) refrained from handing over their proposals. Chief Opposition Whip Lakshman Kiriella told The Island that the SJB was of the view that the Expert Committee should examine the constitutional proposals on which consensus was reached during the previous administration.
The Expert Committee is expected to finalize the process before the Sinhala and Tamil New Year.
Referring to President Gotabaya Rajapaksa’s speech delivered at the last Independence Day, lawmaker Cumaratunga pointed out the need to ensure equality among the Office of the President, the Legislature and the Judiciary. Recollecting the crises caused due to inequality during previous presidencies, Cumaratunga proposed the (1) restriction of the number of cabinet ministers to 30, including the PM who should earn the support of the majority of members and the appointment of ministers on the agreement/recommendation of the PM (2) the number of Deputy Ministers 50 also on the agreement/recommendation of the PM (3) The President should be empowered to remove any minister or deputy minister on the completion of one year since the last election (4) constitutional provision to prevent the appointment of State Ministers, a move Yuthukama alleged is meant to allow them to enjoy ministerial perks at the taxpayers’ expense.
Yuthukama also proposed a wider Constitutional Council instead of the five-member Parliamentary Council established in terms of the 20th Amendment to the Constitution. In a move that may raise eyebrows of government members, Yuthukama endorsed the appointment of five members of the previous Constitutional Council in agreement between the Prime Minister and the Opposition Leader.
However, Yuthukama found fault with the way the previous administration accommodated the TNA leader as the Opposition Leader at the expense of the Joint Opposition thereby undermining the very basis of the Constitutional Council. Taking into consideration how the yahapalana administration manipulated the parliamentary process, Yuthukama proposed (1) Opposition Leader should be elected on the basis of majority support among Opposition members. Those who represented political parties that received cabinet or Deputy portfolios shouldn’t be considered Opposition members under any circumstances (2) Speaker, Prime Minister and Opposition Leader should be ex-officio members of the Constitutional Council (3) Civil society should be represented by four persons.
Yuthukama also reiterated its commitment for unitary status of the country.
In another proposal contrary to the 20th Amendment, Yuthukama proposed that the appointment of judges to higher courts, Attorney General, IGP and members of Independent Commissions by the President should be subjected to the approval of the Constitutional Council.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
