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| Sunday, 14 December 2003 |
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Features |  |
| News Business Features Editorial
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PM not entitled to President's powers H. L. D. Mahindapala reporting from Melbourne, Australia Quite evident to those with eyes to see is that there are two processes operative in the Sri Lankan polity right now: 1) the constitutional and legal processes and 2) the unconstitutional and the illegal processes. Though it is not necessary to spell out which party in the current context is doing what, for the sake of clarity it must be emphasized that the President is adhering strictly to the constitutional and the legal processes and the Prime Minister and his political ally, Velupillai Prabhakaran, are in the second category. The BBC claims that its correspondents take a broad view. If so why is Francis Harrison plugging the narrow view as if the world has come crashing down simply because the President has taken over three portfolios - defence, police and mass communication? Besides, if she knows anything about the workings of the constitutional process she should have picked up that it was the standard practice of President Jayewardene, the father of the constitution and his successor, President Premadasa, to take over portfolios for one reason or another. Not a beep came out Wickremesinghe's mouth against these takeovers by his party's presidents. Bizarre Equally bizarre is the talking head of G. L. Peiris that pops on TV screens arguing repetitively for the necessity of "coherence and consistency" in logic, policies and politics. Shoving his lower lip over the upper lip every now and then, to emphasize the righteousness of his side of politics (there is a consistency here in that changing sides hasn't changed this habit) he has told Kyodo News that the President "attempted a power grab employing the most dubious methods. Peiris's loyalty to the principles of "consistency and coherence" depends entirely on whom he supports at any given moment - a rather unpredictable phenomenon for a professor of law who believes in immutable laws! For instance he dismissed President's proposals for a national government (a need advocated by him when he was with the President) and stressed, according to Kyodo News, "that it was not possible for Prime Minister Ranil Wickremesinghe to proceed with the peace process without the defence apparatus in his control". Now this baffles logic and common sense. Why does Ranil Wickremesinghe need all the arms and ammunition in the defence armoury when he is going for peace talks? It is logical and understandable that he would need the entire defence force if he is going to war with the LTTE. But what defence does he need for peace talks? Did Peiris, the chief negotiator go to Phuket (pronounced "fook-et") with a double-barrel gun in his hands? Besides, even when he had the defence ministry in his hands he did not make use of it either to defend the nation or as bargaining chip. He caved in voluntarily without firing a shot. So why does he need a defence force behind him? Besides, defence in his hands has neither guaranteed security to all the communities persecuted by Prabhakaran's brutalities, nor impacted positively in producing results at peace talks. Handing over defence to him will serve no purpose because he will place defence on the shelf as an ornamental piece, allowing the LTTE to fire all its ammunition to subdue the Tamils, the Muslims and his own UNF government. In any case, Prabhakaran has already disarmed him, which makes it imperative that defence should be under someone who can protect him in times of emergency! That is the first point. Second, Ranil Wickremesinghe boasts that he has the most powerful "safety net" behind him. Compared to this international "safety net" the Sri Lankan defence forces are a puny lot who, due to the deliberate policy of running down the defence capabilities, can hardly say boo to Prabhakaran. If his powerful international "safety net" is with him why does he need a local, rundown, security force? Third, Wickremesinghe boasted on the tarmac, after he got off the plane, that he comes with the blessings and the backing of George W. Bush and the American Congress. Wow! After such glory and power what more defence does he need? When Wickremesinghe is armed with the most powerful defensive and offensive weapon on this planet why does he need the Sri Lankan defence force which he argues is not capable of winning a war? Fourth, even with his "safety net" and the local defence force behind him he has not shown the will and the capacity to enforce any part of it from February 22, 2002, the day he signed the illegal Ceasefire Agreement (CFA). Without a will and capacity to enforce his own agreement what good can come out of his being in charge of the security forces? Fifth, the bottom line of Wickremesinghe's negotiations with the LTTE rests on his argument that peace can come not by war but by surrendering to the demands of the LTTE. So why does his government need a whole army, navy, air force and the police just to surrender? All what Wickremesinghe needs now is not the Security Forces but a good pair of knees to genuflect before Prabhakaran and receive the "Mahamanithar" title awarded to loyal agents propping up his fascist regime. Defence Obviously, Wickremesinghe is demanding defence neither for peace nor for the defence of the nation. He is demanding it for the defence of Ranil Wickremesinghe and his capitulating government. His other objective is to turn the guns on Chandrika Kumaratunga, the elected President, to shoot down her powers, which, consequently, would go to strengthen not the power of the nation to protect its territorial integrity and sovereignty but the power of the unelected fascist to dictate terms to the nation. He wants defence not to maintain the basic conditions laid down by him in the CFA but to let his co-partner in the crimes against the nation and its people to get away with all the violations of human rights, UN agreements on child abductions, and last but not the least, violations of national and international laws (particularly laws of the sea) with a wink-and-a-nod from the underwriters to the CFA, the Norwegians, and its deaf and dumb apparatchiks in the SLMM. In other words, Wickremesinghe is pushing this issue not to save peace, the territorial integrity or security of the nation but to put pressure on the President to cave into Prabhakaran's demands. He is demanding to be the supreme commander of the forces when he has neither the constitutional nor the legal powers to arrogate those powers. Manipulating His first duty by the people is to adhere to the constitution which his uncle, J. R. Jayewardene, left behind. Above all, his primary duty is to uphold the principles of his grandfather, D. R. Wijewardene, a great patriot, who was in the front rank of nationalist pioneers laying down the foundations of this multi-cultural, multi-religious, multi-lingual nation. Instead, he is in the process of dismantling the nation built by his worthy ancestors in the name of an elusive peace. Now the last defence available to the nation is the President and he, to quote her, is only a bullet away from the Presidency, Since he does not have the presidency he is manipulating his 'safety net' to get the President to surrender to him like the way the TNA and the LTTE are manipulating the NGOs and the international community to make Wickremesinghe a willing surrender to Prabhakaran. He is also whipping up hysteria about the President taking over the powers, which he was not entitled to in the first place. According to his convoluted logic, crises are caused by persons who takeover what is legally due to them and not by those who refuse to hand over what has been grabbed illegally. It is this argument that will be at the heart of the political crisis that he is bent on creating. The crisis, if it comes, will be a crisis of Wickremesinghe, by Wickremesinghe for Wickremesinghe and no one else. What is more, his claim of President destabilizing the peace process runs against the hard facts. First, the President has said that she will stand by the CFA. Second, she is committed to the peace process and has even refused to sack the Norwegians, though she is under pressure from her political partners to give the boot to the Quislings. Third, she is the one who initiated the peace process and brought in the Norwegians and Wickremesinghe is merely carrying on from where she left off. Which leaves her commitment to the peace process never in doubt. Fourth, all the ministers who are supposed to have been sacked are still in Cabinet holding on to their ministerial rank together with the perks that go with it. Fifth, Wickremesinghe's government is still in parliament running the government. Sixth, all three parties - the President, the UNF and the LTTE - say that they are committed to peace and that they do not want to start anther war. Painly, the crisis that Wickremesinghe is talking about does not come from the Presidency, the divided communities and the parties or the stalled peace process. It is a crisis that is being cranked up by Wickremesinghe whose ambition is to acquire plenary powers like Prabhakaran. So far no other political figure has jeopardized the peace process. It is still intact. No one has declared war. No one has pulled out of it except the LTTE. The constitution, with the President as its head, is working. The parliament, with Prime Minister as its head, (though prorogued for a few days) is in working condition. The Security Forces have returned to its legal owner and they are working. The Norwegians are coming back to resume the process stalled by the LTTE. The LTTE says that it can wait as long as it is necessary. Everything, therefore, is in its proper place including the sun that rises in the east and goes down in the west without fail. So where on earth is this crisis? All that is needed now is for Wickremesinghe to start talks with the LTTE and continue from where the LTTE pulled out unilaterally in April. But Wickremesinghe is a wounded man whose inflated ego was shot to pieces when he was about to meet his Godfather in the White House. He is plotting for revenge. He wouldn't be what he is now if he didn't react to what happened to him on his way to White House. He is maneuvoring with the aid of his catchers, both at home and abroad, to grab all the powers of the President to his hands. His ambition is to be president by hook or by crook and if the prospects are dim then his idea is to creep in from the backdoor - rather a common habit of his - to get what he can't through the front door. But the Supreme Court, however, has given an unequivocal ruling saying that the prime minister is not entitled to the powers of the president. They are two compartmentalized entities with their powers defined in the constitution and confirmed by Supreme Court. Intransigence The President has accepted the ruling. But the Prime Minister has not. By refusing to accept the ruling of the Supreme Court he is going outside the constitution. He is now manipulating to stage a parliamentary coup to take over the powers of the president, enshrined in the Constitution. Consequently, there can be a crisis only if Wickremesinghe insists on pressing intransigently for powers that are not given to him in the constitution. He, in other words, is doing a Prabhakaran who is demanding that Wickremesinghe should go outside the constitution and grant the LTTE powers to run the north, the east and the adjoining sea, mark you, according to the whims and fancies of one man. In this scenario, a serious and debilitating crisis can come only if Wickremesinghe decides to imitate Prabhakaran and his intransigency. His intransigence can create a crisis where there is no crisis right now and he should bear the responsibility for the consequences. But in precipitating an unnecessary crisis he will pretend to be Jesus Christ crucified by a Pilatian President. He will paint himself as the Prince of Peace violated by the war-mongering and irresponsible forces of the opposition. There is an inconsistency in this pose; it would certainly make him the first missionary of peace demanding that a deliberately depleted and disempowered army be under his command when he goes to sue for peace! |
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