State of anarchy and politics over policies

It is the right time to bring a fresh constitution which cannot be exploited by interpretations but preserve the inalienable rights of the citizens

Preface

The recent behaviour of the Government and the oppressions directed at public protest rallies clearly demonstrated the disarray of the Government and public dissatisfaction. It failed to listen and fulfil aspiration, and provide basic necessities which were prime responsibilities of an ‘elected’ Government. The activists of Aragalaya have demanded absolute freedom provided in the constitution which has been grossly violated by the forceful actions of the top echelon of Government and police.

Over the years since independence, the precedence of Politics over Policies (PoP) had led to a state of anarchy per se. Crisis gathered momentum by the recent economic, political upheaval and intensified with the participation of youths in large numbers representing new Generations, millennials, Z. The social media, the widespread usage of technology assisted to bring Aragalaya to climax within a short span of 3-4 months evicting the PM and President from office. This vacuum created a political disorder and to find the means of backfilling the top positions of the state exploring the constitutional provisions that have never been used since the enactment of 1978 but with an exception upon the assassination of president Premadasa senior. 

Crisis comes in many forms, sacking the then PM and appointing former President by the president in 2018, in 2020 with 20A concentrating unprecedented power under the executive president with unethical deals and manipulation. These unfavourable actions failed to fulfil the obligation to the citizens led to bankruptcy and to a state of anarchy. 

History

Since the independence from Britain, 4 February 1948, the Dominion of Ceylon was governed by a Senate, the upper chamber and the Parliament the lower chamber which were legislated under the Soulbury Commission in 1947. The members to the Senate were indirectly elected, out of 30, 15 were appointed by parliament on proportional basis and the remaining 15 by the Governor General who was appointed by the British crown, the Queen. The prime function of the Senate was to scrutinise or amend bills passed by the lower chamber, the parliament thus preventing the Government in power rushing through legislation. The Senate acted like a gatekeeper bringing checks and balances and passed only what was best for the country, 115 members were elected to parliament and six were appointed.

In 1971, the then Government abolished the senate prior to bringing in the 1972 constitution, having a unicameral National State assembly, single body under the Prime Minister. With this constitution Ceylon became Sri Lanka and was named as Democratic Socialist Republic. A ceremonial Governor General was installed as per the choice of the governing party. The abolishment of the upper chamber and providing a single State Assembly had led to misuse of power with degradation of accountability and scrutiny by a third party. These changes contributed to all upheavals that followed since then.

In 1978, after the parliamentary election 1977 it took a turn for the worse, bringing an executive President, 196 elected members and 29 appointed on proportional basis to the total votes polled by individual parties. The constitution was passed with no consultations within the parliament, with the public, and political parties rushed through as the Government had five-sixth majority in the parliament at their sleeves. To-date, over four decades, 21 amendments have been brought in, most of them as per the wishes of the ruling political party.

The amendments have caused displeasure among many including intellectuals, professional bodies, against the mandate promised at the election to its citizens as opposed to consolidation of power and building images of politicians.

Elections

As per the public knowledge and the understanding, the elections were mostly peaceful since independence. As a result of changes made after 1977, electing members to the parliament on preferences and the total votes polled of districts and provinces have paved the way for rich uneducated to easily get elected and result in a climate of sporadic violence including between the members of the same group never seen before. Upon becoming a member of parliament, the prime target was to recover the money spent by unethical means leading to corruption exercising political power, this culture of corruption has grown since then and the public is now undergoing enormous challenges to survive as a direct consequence. In the current election landscape, the money spent by parties was unprecedented, unaccountable, these changes brought an unhealthy parliamentary system which was one of the reasons citizens now challenge staging protests at every corner for their rights.‍

Unfavourable populistic policies

SLFP’s 1956 Swabasha policy

The formation of SLFP under the banner ‘Puncha Maha Balawegaya’ and making Sinhala as the official language and providing reasonable use of Tamil language have created two distinct classes of society, English speaking and non-English speaking, viz: ‘Toyyo’ and ‘Bayyio’. Governments hitherto have made no tangible efforts to teach English in all schools, rural and suburban. The recent debate in the parliament, students’ complaint with regard to the law examination be conducted only in English is a measure of the negligence of English Language teaching across the public sector schools. 

SLFP’s 1956-1960: Nationalisation of foreign companies

By this move the Government popularity rose, nationalising several significant sectors of the economy viz: petroleum mostly under the guise of non-alignment policy. Bringing to State control had been seen as patriotic to prevent foreigners taking the money out of Sri Lanka. Nevertheless, over the years we have been witnessing the rising corruption and inefficiencies in the Government sector which was more damaging than the foreign ownership. The writer is of the opinion that implementation of a proper tax system together with a reasonable percentage of acquisition of holdings would have been more effective than wiping out foreign ownership entirely from the economic landscape. This arrangement allows foreign management to continue thus preventing inefficiencies and rooting out corruption which has become a serious concern in the society.

1960 taking over schools managed by missionaries

This was another initiative of the subsequent SLFP Government to take over the control of missionary schools to level the allegation against privileges enjoyed by a subclass of schools compared to schools run by the Government. However, Colombo schools, both Government and private, were not affected by this move but suburban schools, mostly children from the middle-lower middle-class demographic were affected significantly in terms of standard of education.

Building monuments to raise images of selected few and showcasing development

Immediately after expunging LTTE, the then Government borrowed heavily to build infrastructure, said to be at commercial rates. The structures and road ways were built with no proper environmental, commercial assessments as such returns on investments were insignificant, payments of interest and capital have been made through further borrowing.

As one could see these projects have been solely selected to get commissions from the builders in the order of 10-15% and syphoned foreign currencies out of Sri Lanka. One of the primary reasons for bankruptcy are these financial frauds and no accountability by state. Recently, the UN labelled them as financial frauds for the very first time together with other accusations on Sri Lanka Human Rights and the inaction to investigate and punish the perpetrators.

Slashing tax rates

Slashing tax rates immediately after the Presidential election 2019 caused heavy loss on Government revenue, triggering primary account deficit. To counter the loss, printed money following the MMT (Modern Monetary Theory) intern mounting to inflation. Furthermore, reducing import tax rates abruptly and subsequently reversing them to favour supporters and henchmen to recover the money spent on the election campaign of SLPP. It was said that the tax cuts were targeted to stimulate business sectors and recently admitted that the policies did not work as expected.

Carbonic fertiliser

This was a major debacle of the Government resorting to carbonic fertiliser without proper assessment that affected food security and enormous problems to farming communities. There were a series of wrong decisions, bad policies that ruined the country’s economy that led to seeking financial assistance from the namesake friendly countries and multinational organisations. It is reported that 5.7 million are suffering from malnutrition including 2.3 million children.

Constitutional amendments

Looking back the past four decades, 21 constitutional amendments have been brought and enacted. Several of the amendments are targeted to fulfil the needs of the executive and not beneficial for the public. The 13A, 18A and 20A were especially of controversial nature where 13A created devolution of power upon establishment of Provincial Council. This was a result of the Indo-Sri Lanka accord which was thrust upon Sri Lanka by India. While this was brought to the parliament there were objections from many, notably one senior minister of JRJ’s cabinet resigned. It is tended to be believed that this is a direct resultant of abolishing the Senate in 1972 constitution, thus stripping off the minority rights and privileges.

18A and 20A, these two amendments basically targeted concentrated power to the executive president and the former relaxing the number of times one can occupy the presidency. All these self-centred greedy arrangements, together with wrong policies brought Sri Lanka to the knees of the international community where Sri Lanka lost the bargaining power in any sort of negotiations. China and India have strategically made advancement to invade critical economic assets, Port City, Hambantota Harbour, Colombo Port East terminal, Trincomalee oil tank complex also forcing unfavourable deals.

Nevertheless, the 21st Amendment reversed the 20A. Some of the unfavourable provisions still exist and are not completely aligned to 19A of the Yahapalana Government. It is the right time to bring a fresh constitution which cannot be exploited by interpretations but preserve the inalienable rights of the citizens. 

Conclusion

It is abundantly clear that Sri Lanka is in a state of crisis where the Government has failed its responsibilities towards the citizens. Government exploits the constitution provisions to persecute who leads and make a strong voice against the Government. Challenging the wrongdoings of Government is a lengthy, time consuming process through the court system e.g. in 2018, the then president unconstitutionally sacked the Prime Minister (PM) and took 52 days to reverse. It is to the advantage of Aragalaya the unreserved support extended and dedication of the law fraternity which is like an iron barrier to prevent Government advancement in the path of suppression of the voices and peoples’ dire needs – unmet or inordinately delayed. 

The present Government is making guileful attempts to sneak through the constitution with complete disregard to the constitution and deploying massive police presence.

Adding amendments, articles and clauses to the current constitution increase the complexity and lead to multiple connotations making cross reference other provisions and clauses. It is the right time to bring a fresh constitution thus resolving the anomalies between the clauses and bring a constitutional framework to the next election before the public to vote as a referendum. 

To redress the current crisis, Sri Lanka needs, in addition to a fresh constitution, a National Master Plan (NMP) for at least for 20 years ahead and prevent every five years the elected party changing the direction with false promissory sweeteners to attract voters. The formulation of NMP should be finalised with wide consultations and consensus of all political parties, professional bodies and the general public. In the event of attempting any change, contradictory to agreed NMP, Sri Lanka judiciary should intervene, overrule and stop all such moves, strict disciplines need to be exercised and followed. Over the past three decades politics took precedence over policies led to destruction despite oppositions.  

Furthermore, bringing back the Senate, an upper house and dismantling the Provincial Councils, cut expenditure rather than adding a band-aid solution of halving the staff numbers. As an alternative to Senate, as a suggestion, increase the number of National list MPs and elect members, with ‘inverse proportionality’ as opposed to current ‘direct proportionality’ thus giving fair representations to minority parties who polled less votes than the two main parties to reconcile the differences between communities. This should not be used as a springboard to increase the number of MPs more than 225, if possible, to further reduce and make it a lean and agile Government.

Reference:

[1] https://en.wikipedia.org/wiki/Senate_of_Ceylon

[2] https://en.wikipedia.org/wiki/Parliament_of_Ceylon

[3] http://www.srilankaguardian.org/2013/04/13th-amendment-president-rajapaksa-can.html

[4] https://www.idsa.in/idsacomments/18thAmendmentMakingaMockeryofDemocracyinSriLanka_gsultana_071010

[5] https://www.parliament.lk/uploads/bills/gbills/english/5807.pdf

[6] https://www.parliament.lk/constitution/amendments-upto-the-seventeenth-amendment