On a collision course with 19A

by Jaliya Wijekoon and Dhanenshi Yatawara

The Executive Presidency had been the bone of contention since it was introduced by the former President J.R. Jayawardene in 1978. Though it was vehemently objected by the SLFP led alliance and the JVP from the very outset, it is still in practice even after a three and half decades.

Chandrika Bandaraike Kumaratunga and Mahinda Rajapaksa both gave written undertaking to the public that they would abolish the Executive Presidency when they won the elections, condemning that it was an evil and obnoxious constitution. But when both of them assumed office, they conveniently ignored their original stand and continued in office.

More over Mahinda Rajapaksa introduced the 18th Amendment to the constitution and further strengthened Executive Presidency paying scant respect to the democratic principals, spiritual value and legitimate needs of the public. As a result all the vital institutions became heavily politicised and the law and order and justice and fairplay were reduced to abysmal levels. In the backdrop of this situation all the progressive forces led by the UNP decided to field a common candidate at the last Presidential election to defeat the all powerful Executive Presidency. The disgruntled General

Secretary of the SLFP and the former Health Minister of UPFA Government Maithripala Sirisena willingly accepted the challenge and came forward as the common candidate. The common front's main election pledge was to abolish the Executive Presidency. Candidate Maithripala Sirisena readily agreed to abolish the Executive Presidency under which he had experienced numerous problems. 2015 election manifesto clearly stated that the Executive Presidency would be abolished within a short period of time. Maithripala won the election and became the President and Ranil formed a government with SLFP, JHU, SLMC and some other parties with the blessings of the President Maithripala to fulfil the pledges made.

The most important one is to abolish the Executive Presidency which wields enormous powers to president.

The 19th Amendment draft Bill to the constitution is already presented and divergent views are expressed by people over its legitimacy.

The Sunday Observer sought the views of political parties and the excerpts of the brief interviews are given below.

Kabeer Hashim General Secretary UNP

Q: What do you say about criticism levelled at 19th Amendment draft Bill that it does not go far enough in abolishing the Executive Presidency?

A: It is wrong to say the draft Bill does not go far enough in abolishing the Executive Presidency. Most of the excessive powers which were centred with the executive has been transferred to the Parliament. But as the head of the state certain powers such as Defence and National Security should remain with the Executive. In addition to that it is with a clear understanding with the President Maithripala Sirisena that we allowed him to handle Mahaweli and Environment Ministries. 19th Amendment to the constitution takes away over 90% of the enormous powers vested with President.

Q: Is the UNP yet fully committed to the complete abolition of the Executive Presidency?

A: As a responsible and dedicated political party to the nation we have

been very flexible in taking decisions on crucial issues based on the prevailing circumstances. We may take correct decisions at the correct time.

Q: If you achieve an absolute mandate at a future election, are you prepared to abolish the Executive Presidency?

A: As I told you earlier our party which had rendered a great service to the nation since independence will take the most people friendly measures at the correct time without resorting to personal glory prestige or perks.

Q: Why hasn't the government focused on former President Mahinda Rajapaksa being possibly complicit in the massive scale of the corruption during his uccessive terms as President?

A: We are not going to spare anybody who had plundered the state coffers irrespective of the positions they held in the past. But everything we do based on the legal, legitimate and acceptable manner with complete transparency so that the culprits will not be able to escape the long arm of the law.

Nishantha Sri Warnasinghe National Organiser JHU

Q: Your party had played a major role at the last Presidential election for the victory of Maithripala Sirisena whose main election pledge was to curtail unlimited powers of the Presidency? Now that the draft Bill for same is presented in Parliament and your party had opposed it. What is the reason for this sudden change?

A: The draft Bill was presented to the Cabinet on March 13 and our party had pointed out certain lapses which they had agreed to rectify. Minister Patali Champika Ranawaka submitted a Cabinet paper too in this regard. We wanted certain clarifications and amendment to the draft Bill with regard to the Head of State, Leader of the Cabinet, Leader of Parliament and so on?

And also there are some discrepancies in some clauses and the Sinhala and English translations of the draft bill. On 15 March they gazetted it without making the alterations that we expected.

Therefore, we had decided to oppose the 19th Amendment to the constitution as we believed that it wouldn't serve the long awaited purpose.

It is a gross violation of the political ethics by the government when quite a lot of parties with different ideologies agreed on a particular important matter.

Q: But don't you think they have basically agreed on the main pledge of curtailing the executive powers although there may be some technical errors with regard to the implementation?

A: You can't call them only technical errors we believe they have

intentionally done them to enjoy more powers by the Prime minister making the President only a figurehead. Therefore, we try our best to defeat it at the Parliament along with other parties.

Mano Ganeshan Leader Democratic People's Party

Q: You had been a vociferous Speaker against the executive Presidency for a long period. What are your views over the 19th Amendment to the onstitution?

A: 19th Amendment to the constitution is a very progressive step taken by the government to restore democracy, law and order and justice and fairplay in the country. Specially during the last decade the people experienced umerous problems mainly due to the lack of law and order in the country.

All spheres which affect the life of the citizen was fully politicised and the justice was not meted out equally in the country.

The 19th Amendment is a joint effort of all constituent parties of the government except JHU which is a die hard communal party. I feel that every party which respects democratic values should support this amendment without any reservation.

Q: It is the general belief that minority and small parties usually prefer the Executive Presidency as they can always have the bargaining powers with President. How do you deviate from this?

A: I consider myself as a Sri Lankan and not as a person from any minority community? I am proud about my ethnicity and I am equally proud to call yself a Sri Lankan. I just can't fathom why JHU try to bock the 19th Amendment when there are enough salient features in the draft.

Secretary General of the Tamil United Liberation Front V. Anandasangaree - This is a necessary move and we should not find excuses to reject this, said Secretary General of the Tamil United Liberation Front (TULF) V.

Anandadsangaree. “This is a godsent situation. Therefore with one voice we have to find a solution that is acceptable to everybody. We should not fish in troubled waters,” Anandasangaree said. He expressed his displeasure for not being able to take in the Nineteenth Amendment as it was without dropping some of the clauses in it. He explained to say that the powers with the Prime Minister post is nothing new to the country adding that it has been there even with the previous governments. “This shows the conflict in the present constitution,” he said adding that the real solution needs to be broader - “The country is walking on a thorny bush and decisions need to be taken very carefully, Anandasangaree said.

The law makers must look at this as a people's problem and work together shedding their differences. “The solution must not cause any grievances to anyone,” he added.

The previous Government fell not because of the the minorities but because everyone, irrespective of their ethnicities were fed up. “ All were equally worried about the then situation of the country. Though they differed in their ideologies, all temporarily suspended their differences and got together and worked for a common ambition,” said Anandasangaree commenting on the commitment made by the public to bring the new government.

“We must look at people like Sobitha Thero whose thoughts are well intended and not selfish or motivated. I do not see any reason for us to fight anymore. What we want now is an ideal government,” said he.

“The biggest mistake the government made is involving so much ministers.

How can a government work with a group of such a magnitude when everyone has ideas with so much of difference and keen on promoting individuals,” Sangaree added.

Secretary General of the Sri Lanka Freedom Party Anura Priyadarshana Yapa -

Sri Lanka Freedom Party General Secretary Anura Priyadharshana Yapa said that the party has concerns over the changes proposed to the nineteenth Amendment.

The Sri Lanka Freedom Party is of the view that the nineteenth Amendment to be submitted for a vote in the Parliament should be together with the proposed new electoral system.

Party General Secretary Anura Priyadarshana Yapa, during the press conference held to express their views on the Nnineteenth Amendment said that the party will comply with the new Government to pass the draft Bill on the Amendment, if constitutional

changes take place for new electoral reforms. “The Election Commissioner has also concluded his report with respect to the new election reforms. So it is now up to the political parties,” Yapa said. He added that the party was having discussions amongst its members regarding how to support the draft Bill.

“However, we will not consent to anything that will be bad for the country.

Nevertheless, we are of the opinion that before the Parliament is dissolved constitutional amendments and electoral reforms should be implemented,” Yapa added.

“Do not get us wrong, we are not against the19th Amendment,” he said.