National Govt: UNP resists backbench pressure to go
it alone :
Hard bargaining over Cabinet portfolios
“Aim
for the moon and hit the stars” was the Sri Lanka Freedom Party’s rule
when it negotiated for ministerial portfolios with the UNP to form a
national unity government.
As soon as the party’s Central Committee gave its green light to form
a national government, the SLFP wanted 16 ministries out of 35.
The UNP, which secured 106 seats in Parliament, was expected to hold
19 ministries. However, as negotiations progressed, the total number of
ministries saw an increase and it finally ended at 45.
The UNP argued that it needed at least 30 ministries as it was only
seven seats short of securing an absolute majority in the House. With
that condition, the SLFP’s ministerial slots dropped to 15.
The team of SLFP seniors who took part in the discussions included
former Opposition Leader Nimal Siripala de SIlva, former SLFP General
Secretary Anura Priyadarshana Yapa and former UPFA General Secretary
Susil Premajayantha. They argued for ‘important’ ministries on the
grounds that they had 95 seats in Parliament.
Two of their demands were for the Finance Ministry and the Media
Ministry – two key ministries. They also demanded a ‘Deputy Prime
Minister’ post for former Opposition Leader Nimal Siripala de Silva,
although there are no constitutional provisions for such a position.
The UNP side reportedly rejected that demand insisting that both the
Media and Finance portfolios remain with the UNP. The SLFP then argued
that they had been given ‘second tier’ and less important ministries
under the previous national unity government and they did not need a
‘carbon copy’ of the same administration.
The UNP negotiators, on the other hand, were not willing to give the
most important ministerial portfolios to the SLFP as they thought they
were in a position to form a government with the support of a few
‘crossover’ MPs.
Soon after the elections results were released, the TNA gave
indications to the UNP as well as to the President that it was ready to
back a UNP-led administration, without being stakeholders in the
government. Parties such as the CWC and the EPDP are also waiting to
cross the floor of Parliament and join the Government as they cannot
survive in their electorates without ministerial portfolios.
Demand to exit National Govt
Meanwhile, there is a lobby of young MPs in the UNP who argue that
the party has the strength to form a government on its own, pointing to
similar minority governments of the past.
When the UPFA first formed a government in 2004, it had only 105
seats in Parliament with 38 seats held by the JVP. When the UNP formed a
government in December, 2001, with Ranil Wickremesinghe as the Prime
Minister, it had 109 MPs in Parliament – four seats short of a simple
majority. Under the present electoral system, the only time the UNP
formed a government with a simple majority in Parliament was in 1989
when it contested under former President Ranasinghe Premadasa.
Therefore, a sizable proportion of UNP MPs, especially young ones,
requested the party seniors to do away with the national government
process and form a Greens-only government. Probably, they did not
understand the risks of forming a government without securing a simple
majority in Parliament.
However, the agreement between the President, the Prime Minister and
former President Chandrika Kumaratunga, to form a national government
after the Parliamentary election was arrived at during the last phase of
the Rajapaksa regime.
When Maithripala Sirisena challenged Rajapaksa’s presidency as the
Common Candidate of the opposition, he explicitly stated that the ‘true
SLFP’ was willing to work with the UNP for at least two years to
‘transform’ the country and its system of governance.
During the 100-day period after the presidential election victory,
President Sirisena had to draw the support of a section of the SLFP
before the Parliamentary election as his government required a simple
majority in Parliament to proceed with the much needed constitutional
reforms and other legislative measures.
Originally, President Sirisena, Prime Minister Wickremesinghe and
former President Kumaratunga had the understanding that the new
government should be a ‘national unity government’, irrespective of the
outcome of the Parliamentary polls.
It was due to this understanding that the UNP could not move away
from the national unity government concept even in the face of the heavy
pressure exerted by the SLFP.
When it looked as though the discussions between the two parties were
heading towards a deadlock, UNP General Secretary Kabir Hashim and
several other seniors went on record saying the party might not go for a
national government if they could not arrive at a final agreement with
the SLFP. This announcement came at a juncture where parties such as the
CWC who contested the election on the UPFA ticket were quite desperate
about joining the government.
At this point, the SLFP negotiators decided to go for an amicable
settlement, fearing a last minute pull-out by the UNP. They settled for
15 ministries and several deputy ministerial portfolios.
According to highly placed political sources, the SLFP will get some
key ministries such as Samurdhi, Agriculture, Transport, Petroleum and
Irrigation. While sorting out ministries, both parties also agreed to
hold the swearing-in ceremony on September 2. Prime Minister Ranil
Wickremesinghe and UNP Chairman Malik Samarawickrama played key roles in
finalizing the agreement to form a national unity government.
National Govt term
Measures were also taken to add minor amendments to the Memorandum of
Understanding (MoU) between the UNP and the SLFP with regard to the
framework of the national government. They decided to amend the MoU in a
manner that would not harm the basic structure of the proposed national
unity government.
“The existing clauses will remain same. We have proposed some more
additions to it to further enhance the cooperation between the two
parties. The document will be signed soon after a final agreement is
reached. Our priority is to discuss how well the two parties can get on
with each other, and how both parties can work towards a national
agenda. The connection between the two parties must be consolidated,”
SLFP General Secretary Duminda Dissanayake told the Sunday Observer.
According to informed political sources, both parties are now
exploring the possibility of removing the clause pertaining to the
timeframe of the national government. The agreement which has been
signed says the UNP and the SLFP should work together within the
framework of a national government for two years. Several discussions
took place last week to amend the clause pertaining to the timeframe
with the aim of allowing parties to pull out of the agreement at any
time.
Another issue cropped up when they realized that the legislature had
to approve the modality of the national government before the
swearing-in ceremony of the ministers. Speaking to reporters in Colombo,
SLFP acting General Secretary Duminda Dissanayake said the swearing-in
of the new Cabinet is not likely to take place on September 2, as
scheduled earlier.
The swearing-in, according to him, will take place on September 4,
instead, after a parliamentary debate on September 3. The main business
of the 15th Parliament at the inaugural session on September 1 would be
to approve the modalities to form a National Government and elect a
Speaker and the Leader of the Opposition.
Parallel to the national government initiative, the SLFP will also
hold its 64th anniversary in grand style in Polonnaruwa on September 2
with the participation of President Maithripala Sirisena. One has every
reason to believe that the anniversary event will also be President
Sirisena’s ‘coronation’ as the party Chairman and the event is expected
to be held in the President’s hometown.
The list of SLFP MPs expected to accept ministerial portfolios in the
national unity government include Nimal Siripala de silva, Susil
Premajayantha, Anura Priyadarshana Yapa, John Seneviratne, S.B.
Dissanayake, Mahinda Amaraweera, Duminda Dissanayake and Mahinda
Samarasinghe. Some of the SLFP Ministers expected to accept ministerial
portfolios were staunch backers of former President Rajapaksa, a few
weeks back. Speaking to the media, former Minister and SLFP Treasurer
S.B. Dissanayake claimed that 70 out of 95 UPFA MPs were ready to join
the national government.
Ironically, former Speaker and Hambantota District MP-elect Chamal
Rajapaksa too is among the SLFP group supporting a national government.
His name was earlier proposed as a potential candidate for the
opposition leader’s position. But, the former Speaker has now made his
position clear that he will join a national government, toeing the party
line.
Speaking to our sister paper the Daily News on Friday, Rajapaksa
revealed his plans saying he was willing to give the necessary strength
required to form a Government in order to carry out the functions of the
State uninterruptedly. “Politics involves discipline. We have to abide
by the Party leader’s decision,” he said.
When asked whether he would like to assume a ministerial portfolio in
the National Government, he said there had been no such discussion yet.
“We have to go along with the decision of the party leadership if we are
staying in the party. If not then they should leave the party,” he
added.
Opposition leader
Chamal Rajapaksa’s move indicates a split in the Rajapaksa family
UPFA MPs-elect Namal Rajapaksa and Mahinda Rajapaksa having announced
that they would sit in the Opposition, even though the SLFP and UNP
signed an MoU to form a national government. Namal Rajapaksa, after the
meeting the President had with the SLFP MPs-elect on August 23 at the
President’s official residence in Colombo, told the media that he has
decided to remain in the Opposition stating that the President has given
them the freedom to choose whether to join the government or not.
The question surrounding the position of Opposition Leader is still a
hot topic among political circles. The Sri Lanka Freedom Party Central
Committee, which met at the President’s official residence in Colombo on
Friday evening, decided to entrust the President with the task of
appointing the Opposition Leader, the Deputy Speaker and the Chief
Opposition Whip on behalf of the party.
According to the decision, the President who is also the leader of
the government will have to nominate the Leader of the Opposition.
However, several legal viewpoints have been presented challenging the
SLFP’s eligibility to appoint an opposition leader. The SLFP is not
recognized in the present Parliament as a party as all SLFP MPs
contested on the UPFA ticket at the Parliamentary election. Therefore,
the nominee for the Opposition Leader’s position should either come from
the UPFA or from the TNA. However, the SLFP Central Committee’s decision
to allow President Sirisena to nominate candidates will inadvertently
address this matter as the President is also the Chairman of the UPFA
coalition.
The final decision on the Opposition Leader of the new Parliament
will be made by the new Speaker. The UNP has already decided to nominate
Karu Jayasuriya for the Speaker’s post and this appointment will not be
challenged by the Opposition. After assuming duties in the position on
September 1, his first duty will be to appoint an Opposition Leader to
lead the opposition. Jayasuriya held a discussion with a group of senior
lawyers on Friday night over the legal basis of the matter.
Biswal’s visit
One of the fears nagging the minds of former President Mahinda
Rajapaksa and his close associates over the past few years was the
possibility of an international investigation on the final phase of the
war in Sri Lanka.
The Rajapaksas knew that international inquiries could not be
manipulated by the Sri Lankan government in the same way that the regime
did with investigative judicial processes locally. They made every
possible move to circumvent the ‘international inquiry’ but their
efforts did not produce the desired results. What pushed the Rajapaksa
regime to the wall was its failure to initiate a credible domestic
inquiry, as promised in the joint statement signed by the Sri Lankan
President and the UN Secretary General soon after the end of the Eelam
war. At the same time, the breakdown of rule of law in Sri Lanka and
autocratic tendencies of the former administration also diminished the
hopes of the international community when it came to an internal
accountability process. It was against this backdrop that the new
government came to power on January 8 with the promise of restoring
freedom and democracy while establishing good governance.
As part of the same process, the government had to repair its links
with the US and India – two key stakeholders of the international
community. US Secretary of State John Kerry and Indian Prime Minister
Narendra Modi visited Sri Lanka for brief visits. At the same time, the
Foreign Affairs Ministry managed to ‘delay’ the UNHRC war crimes report
against Sri Lanka which was scheduled to be presented to the March
session of the UN Human Rights Council.
There are strong indications that the September session of the UNHRC
would be a crucial one for Sri Lanka. It was in this context that US
Assistant Secretary of State for South and Central Asian Affairs Nisha
Biswal and Assistant Secretary of State for Democracy, Human Rights and
Labour Tom Malinowski arrived in Sri Lanka, just two weeks before the
UNHRC session. During the discussions held with Biswal and Melanowski,
the Lankan leaders explained the measures they have already taken to
address the concerns raised by the international community over
accountability issues in Sri Lanka.
The Sri Lankan government’s main objective was to get their consent
for a credible domestic mechanism, without leaving space for an
international prosecution.
US shift
In a major breakthrough, the Sri Lankan government managed to shift
the US stance over an international investigation on the final phase of
war in Sri Lanka. The US, which earlier pushed for a comprehensive
international investigation, said last week that it would sponsor a
resolution at the next session of the UN Human Rights Council supporting
a domestic inquiry mechanism. It indicated that the US had faith in the
initiatives carried out by the Sri Lankan government on the
reconciliation and accountability front.
US Assistant State Secretary Biswal made her country’s position clear
when she addressed a group of international correspondents in Colombo
last week, following her talks with the Sri Lankan government. During
the discussions, the Sri Lankan government had presented the outline of
the domestic inquiry to Biswal, while making her aware of the progress
made on the reconciliation and accountability front, after January.
“Biswal was satisfied with the mechanism adopted by the Sri Lankan
government and they admitted that the Sri Lanka has made significant
progress in this regard after the regime change in January,” a senior
spokesman of the government who was privy to discussions between the two
parties said on Thursday.
“They were of the view that the passage of 19th Amendment to the
constitution was an important step in the direction of democratization.
In addition, handing over lands to civilians in the North and the East,
the Witness Protection Act and lifting travel bans on foreigners
entering former war-affected areas were also considered as ‘progressive’
steps,” he explained.
New Ministry
In addition to short-term measures to cope with accountability and
reconciliation issues, the government is now ready to set up a new
ministry for ‘Integration and Reconciliation’ as a comprehensive step to
address concerns raised by the international community.The ministry is
likely to be held by President Maithripala Sirisena who will also serve
in the capacity of the Defence Minister.
Speaking to reporters in Trincomalee on Thursday, Assistant Secretary
Malinowski expressed confidence that the new government would work with
the UN on a “real process” of accountability and reconciliation.
“The United States will sponsor another resolution on Sri Lanka at
the UN Human Rights Council in September and we are not going to walk
away from this process of encouraging reform and change after September.
We very much hope that with the changes after January 8, the new
government will work with us and work with the United Nations on a real
process of accountability and reconciliation. The international
community will remain involved in that process. It will continue to
monitor that process.
And as much as we are hopeful about the promises that the new
government had made, we will judge it not by its promises but by its
actions and achievements,” he said.
Commenting on the domestic inquiry mechanism, Malinowski said: “The
important thing is that there be a judicial process that is credible to
the people of Sri Lanka and to the international community. For that
process to be credible, I don’t think it has to be a completely
international process, but it does have to be independent of political
leadership.
It has to be led by people who are trusted by the minority
communities and it should have some degree of international involvement,
even if it is a domestic process organized under the laws of Sri Lanka.”
It was in this background that a section of media reported last week
that UN Human Rights Chief Prince Zeid al Hussein will visit Sri Lanka
soon. However, when contacted by the Sunday Observer, senior officials
of the Ministry of Foreign Affairs said they were not in a position to
confirm the visit yet. At this point, it is clear that the Sri Lankan
government will not come under pressure for an international
investigation, but it will have to bear in mind the obligation of a
credible domestic inquiry mechanism without consuming much time. |