A coup in Asia’s oldest democracy

A youth walks past a poster of Mahinda Rajapaksa and President Maithripala Sirisena on a main road in Colombo, 28 October – Reuters

We are a group of Sri Lankan students currently pursuing our education overseas. We write today to express our deep concern about Sri Lanka’s ongoing Constitutional and political crisis.

Since 1931 Sri Lanka has had an imperfect and fragile, yet electorally and legally mandated, democracy. On Friday 26 October, for the first time since Sri Lanka’s independence, an unconstitutional and illegal transfer of power occurred. 

President Maithripala Sirisena, violating his oath of office and the mandate given to him on 8 January 2015, attempted to appoint Mahinda Rajapaksa, Member of Parliament for the Kurunegala District, as Prime Minister. This was unconstitutional. 

The 19th Amendment deleted the President’s power to remove the Prime Minister at will. While the President still appoints the Prime Minister, he has no implied power of removal since this is now governed by explicit provisions in the Constitution. 

Moreover, the withdrawal of the UPFA from the National Government makes no difference: the Constitution does not provide that Cabinet ceases to function, and therefore that the Prime Minister loses his position, when one party in a National Government withdraws its support.

In any event, there is a democratic means of settling this question – a test of confidence on the floor of Parliament. Yet President Sirisena and Rajapaksa did not propose a motion of no-confidence or engineer a defeat of the Budget to remove Prime Minister Wickremesinghe. 

Indeed even after Rajapaksa’s illegal appointment, President Sirisena decided to prorogue Parliament, demonstrating what was clear from the beginning: Rajapaksa does not have the confidence of a majority of the representatives of the people. 

His covert appointment, the illegal attempt to remove Prime Minister Wickremesinghe, the suspension of Parliament without consulting the Speaker, and the mob-led take-over of State media institutions make it clear that this is a coup d’etat.

The resort to violence and coercion is a chilling reminder of what dictatorship looks like. The coup is being followed by a return to the norms of self-censorship, violence and fear that were characteristic of Rajapaksa-era politics. 

State media institutions were stormed in the night and security for the Prime Minister and Ministers arbitrarily withdrawn. Moreover, many private media stations are already becoming vehicles for misinforming the public and spreading disinformation. By referring to Rajapaksa as Prime Minister, they are renouncing the Constitution and the democratic process, and normalising an illegitimate regime.

Despite some successes, the Government of National Unity led by President Sirisena and Prime Minister Wickremesinghe has failed to stand by many of its commitments on democracy, corruption and justice. Yet these failures do not justify an illegal power grab. Sri Lankans, regardless of political affiliation or their opinion of the Yahapalanaya Government, have a duty to rally around democracy and the Constitution. Therefore, we call for:

1. President Maithripala Sirisena to rescind his order proroguing Parliament.

2. The Speaker of Parliament, Karu Jayasuriya, to immediately summon Parliament.

3. A vote to ascertain whether the Government of Prime Minister Ranil Wickremesinghe commands the confidence of Parliament.

4. All those responsible for this coup to be held accountable for their actions.

5. All public servants to uphold the Constitution and fulfill their obligations set out in law.

 The unprecedented events of last week have reinforced the fragile nature of our democracy. They are also part of a broader problem in our political culture. Once more, power is being used purely for political gain rather than towards building people-centered institutions and an inclusive and democratic political culture. These acts damage the health of institutions and processes that sustain democracy, pluralism and rights. They will have a permanent impact on the future of Sri Lanka’s youth.

As students of different ethnicities and religions, institutional affiliations and professional backgrounds we, the undersigned, condemn these recent developments, encourage others to make their voices heard, and commit ourselves to using our education to build a more just, fair and democratic Sri Lanka.

Signatories: 

Amita Arudpragasam, Harvard Kennedy School

Anishka De Zylva, Johns Hopkins University

Anushke Guneratne, Macquarie University

Binendri Perera, Harvard Law School

Chameli Ranasinghe, University of Sydney

Chandima Silva, University of British Columbia

Chantal Sirisena, Harvard Kennedy School

Daniel Alphonsus, Harvard Kennedy School

Deborah Philip, The Graduate Center CUNY

Dhanushka Kadawatharatchie, Cornell University

Gehan Gunatilleke, Oxford University

Iraj de Alwis, Harvard Divinity School

Jeevith Senaratne, University of Notre Dame

Kasun Fernando, University of Toronto

Kirthevasan Kandasamy, Carnegie Mellon University

Luwie Ganeshathasan, Notre Dame Law School

Marihah Idroos, Mount Holyoke College

Maureen Ernest, George Brown College

Ruvini Perera, Penn State Law

Sanjana Hattotuwa, University of Otago

Sanjayan Rajasingham, Yale Law School

Senanee Abeyawickrama, New York University

Senel Wanniarachchi, London School of Economics

Shamara Wettimuny, Oxford University

Shashinka Bandara, Duke University

Shiloh Sumanthiran, Swarthmore College

Tamara Fernando, Cambridge University

Thakshala Tissera, University of Massachusetts, Amherst

Vindhya Buthpitiya, University College London

Vishakha Wijenayake, Faculty of Law, University of McGill

T. Waradas, University of Bath