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Sunday, 9 November 2003  
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Last week's political drama : Constitutional tensions


President Chandrika Bandaranaike Kumaratunga Prime Minster
Ranil Wickremesinghe

Tuesday, November 4, 2003. Not many are apt to forget this red-letter day in political history, when the course of co-habitation took a purposeful about turn, bringing slap bang into focus the sweeping powers of the executive presidency. An all-powerful government suddenly appeared 'defenceless' as the President checkmated its power base, in what she described as 'in the interest of national security'. Here is a chronicling of events that have taken place since the surprise announcement was made.

November 4: The country wakes to the stunning news that President Chandrika Bandaranaike Kumaratunga has fired the Ministers of Defence, Interior and Mass Media - Thilak Marapana, John Amaratunge and Imtiaz Bakeer Markar - along with two of the ministry secretaries - Austin Fernando and Kumar Abeysinghe, and brought the powerful ministries under her Presidential purview. "She has fired them, but we will make a statement later," Janadasa Peiris, director-general of the President's Media Division tells reporters.

The astonishing suddenness of the action is both unprecedented and unanticipated, and leaves many questioning what else is in store.

Ex-Defence Minister Thilak Marapona


Ex-Interior Minister John Amaratunga


Ex-Mass Communication Minister Imitiaz Bakeer Markar

Political commentators and foreign diplomats describe the move as 'throwing the island into a constitutional crisis'. Prime Minster Ranil Wickremesinghe is in the United States, hours away from a White House meeting with President George W. Bush, when the news is made public. There is no immediate reaction from the UNF government, as several of the top officials are in the USA with the Prime Minister.

Unfolding news reveal that the Government Printer had printed the Gazette notification announcing the sacking of the three ministers at midnight on Monday.

* Troops are deployed in Colombo. "We have deployed troops in a couple of key locations to prevent any disturbances," Army spokesman Sumedha Perera tells the media, listing the Government Press, State Media and power stations among the locations.

In a statement announcing the dismissals of the ministers, the President's Office says: "This step has been taken after careful consideration, in order to prevent further deteriorations of the security situation of the country." There is no immediate comment from the Prime Minister, but party members in Colombo say he has been informed of the new development. President Kumaratunga's office says it will release more information later on the firing of Defence, Interior and Media Ministers.

* President announces the suspension of Parliament for two weeks, throwing the country into further crisis. "Parliament has been prorogued as of 12 midnight yesterday to be re-summoned on November 19," presidential spokesman Harim Peiris tells reporters.

This move puts on hold the 2003 Budget, which was to be read in parliament on November 12. Central Bank Governor Amarananda Jayawardena says the budget only has to be passed before the beginning of 2004.

Government Ministers and top officials are huddled in a meeting discussing the course of action including the prospect of re-summoning parliament as a 'national emergency' and impeaching the president.

* Prime Minister Ranil Wickremesinghe in a statement issued by his office, says the firing of three cabinet ministers and suspension of parliament by President Kumaratunga could lead the country into chaos. He says he would not allow the President's moves to 'undermine the peace process and economic prosperity'.

* The LTTE via its website Tamilnet, says the prospect of peace in the country has 'dimmed', but claims that the leadership is studying the developments. There is no sign of restiveness on the street and rush-hour traffic is normal, though a small number of troops are ordered out as a precautionary measure.

*The Colombo Stock Exchange drops by five per cent.

* President Kumaratunga goes on nationwide television to defend her action and reach out to the Tigers. "I remain willing to discuss problems within the parameters of the unity, territorial integrity and sovereignty of Sri Lanka, she says.

November 5: The Supreme Court gives its opinion affirming the President's plenary executive powers in matters relating to defence.

* Advisor to the President, Lakshman Kadirgamar tells foreign and local reporters that there will be no change to a ceasefire agreement between Sri Lanka and the LTTE. "I am authorized by the President to tell you that the ceasefire agreement stands and will stand. There is no question about that," he says.

* Government briefs diplomatic corps on the current situation in the country.

* President declares a State of Emergency. "It has been gazetted," military spokesman Colonel Sumedha Perera tells the media.

* Stocks dive 13 per cent in what is described as the Colombo Stock Exchanges biggest ever fall. The stock market has been among the world's strongest this year.

Tourism and investment official voice concern about tourism arrivals and economic progress also taking a nose-dive.

News spreads that the British Government has issued a travel advisory against Sri Lanka. Several thousand British tourists are expected in Sri Lanka later this month, along with the English cricket team.

* President meets corporate leaders at a dinner hosted by the business community.

* The sacking of the three ministers sparks concern worldwide.

"We are concerned that these events could have a negative effect on the peace process and talks with the LTTE, and we stand firmly behind the Government of Sri Lanka in its search for peace," US State Department spokesman Adam Ereli tells reporters.

"I welcome the commitment both the President and the Government has demonstrated in taking the peace process forward. The recent development must not be allowed to jeopardize that process," says Tony Blair.

"We hope that the situation does not provoke a constitutional crisis, which would impact political stability in Sri Lanka and the ongoing peace process," reads a statement from the Indian External Affairs Minister. Japan, the biggest donor of aid to Sri Lanka expresses hope that the peace process would continue.

* Cabinet Spokesman G.L. Peiris says that although parliament is suspended, the Government is in no danger of losing its majority in the legislature. "The government of Ranil Wickremesinghe continues to enjoy the confidence of the vast majority members of Parliament. We are firmly in control in parliament," he tells reporters.

November 6: Colombo remains calm a day after the state of emergency is imposed. But Cabinet spokesman G.L. Peiris, calls the declaration a 'gross abuse of presidential power and a reckless action. "There is no violence, no security situation and no valid, proper reason to declare a State of Emergency," he tells reporters at a news conference. He says the economic impact of the crisis is already being felt with tourists canceling visits and investor confidence shaken.

He announces that the Government will not engage in any confrontational activities to counter the situation and that no decision has been taken to impeach the President but says that cabinet has decided to reverse the President's decisions - restore the Defence, Interior and Media Ministries and reconvene parliament.

He also announces that the Government would go ahead with arrangements for a preliminary meeting with the Tigers. The LTTE unveiled its power-sharing proposals three days before the sacking of the three ministers, and invited the Government to begin a dialogue.

* The British High Commission issues a press release stating that the British Government had not issue a travel advisory against Sri Lanka.

* UNP party members plan to mobilize supporters in a show of support for the Prime Minister organise a big welcome reception for the Prime Minister at the airport.

* President defends her decision to sack the ministers and suspend parliament and says there is no need for panic and that the peace talks with the LTTE would continue. "The government will continue to negotiate with the LTTE and will be guided and supported in its quest for a negotiated settlement," reads a statement from the President's office.

* President discusses the security situation with the Service Chiefs.

November 7: Prime Minister Ranil Wickremesinghe arrives at the Katunayake International Airport at 8.00 am to a rousing welcome by Cabinet ministers, MPs and tens of thousands of supporters who flocked to the airport. They accompany his motorcade all the way to Colombo.

Talking to reporters at the airport, he says the President was wrong to suspend parliament, as it is the only body with a mandate for negotiations.

* The Patriotic National Movement in a rally led by Buddhist monks from Colombo march from the Parliament Grounds in Kotte to Campbell Park in Colombo under a united Sri Lankan flag. More than 40,000 people, including PA, SLFP, NUA and JVP members participated in the march.

* President's office announces that the president would address the nation on television at 12.00 noon. Speculation is rife that the address would be one, the State of Emergency. The address is however postponed to 8.30 pm and later still to 9.30 pm.

* President's office announces that there never was a State of emergency as the gazette notification announcing the State of Emergency had never been signed by the President, and hence not printed and not valid.

* Share prices at the Colombo Stock Exchange gain 12.27 per cent in a dramatic turnaround, and the market expects to recover fully by Monday.

* The LTTE say they would be patient during the political fight between the President and Prime Minister.

* President Kumaratunga, in an address to the nation, invites all political parties represented in Parliament to form a government of national reconciliation and reconstruction, and explains in detail the reasons for the take over of the three key ministries.

*The UNF Parliamentary Group meets late night at the Parliamentary Complex.

The meeting is presided over by the Prime Minister and focuses on finding ways and means to reconvene parliament before November 19.

Note: The Speaker has called all party leaders for a meeting at the Parliamentary Complex on November 10, working committee meet on Monday.

The UNF Parliamentary Group will meet again on Tuesday, November 11.

******

What political leaders have to say

The takeover of three vital ministries; Defence, Interior and Mass Media by President Chandrika Kumaratunga, has been 'the' topic of discussion in political, business and media circles. A contentious issue, it has variably been described as 'the need of the hour', 'opportune', opportunistic', a 'disastrous move' and 'a mistake'.

We asked the JVP, PA, TNA, SLMC and the deposed ministers to comment

by Deepal Warnakulasuriya

Former Foreign Minister and Presidential Advisor Lakshman Kadirgamar in a special press briefing held at the Opposition Leader's Office on Wednesday said that the decision by the President was taken in the national interest and insisted that there were no hidden motives. He also claimed that the relevant ministers had nothing to do in this case, and said the takeover will curtail their powers only on specific subjects.

He reiterated that President Kumaratunga has clearly stated that the ceasefire agreement will stand and she has no intention whatsoever of resuming or provoking the resumption of hostilities. He also reminded that the President in her address to the nation had clearly said that she is perfectly willing to talk to the LTTE for a negotiated settlement within a united Sri Lanka that safeguards the country's territorial integrity and sovereignty.

Kadirgamar also stressed that the constitution introduced by them in 2000 was the foundation for negotiations which could give a realistic way for the devolution of power. He further added that the interim administration should be an integral part of a final settlement and that Chapter 28 of the Draft Constitution, 2000 calls for an interim council.

Janatha Vimukthi Peramuna General Secretary Tilvin Silva said that President Chandrika Bandaranaika Kumaratunga's move to takeover three ministries under her purview was a right decision, specially under the current situation created by the UNF government. He said that the JVP will support the President at this juncture.

Silva pointing out that the President had however not created a crisis in the political arena, but had saved the country from disaster, asked the President to go forward with courage for the benefit of the country.

Ex-Mass Communication Minister Imitiaz Bakeer Markar said that the President's move mainly attacked the peace process and the country's economy. "For the first time the LTTE had given a document to be considered and they had agreed to discuss the Eelam issue with the government. The President's move blocked the process", he charged.

He also said that the government had planned to offer some benefits to the general public in the forthcoming Budget 2004, and that too was disrupted by the move. He added that the UNF Government had received a mandate from the public and said that they would work in and outside the Parliament within a democratic framework.

TULF President V. Ananda Sangaree speaking for the Tamil National Alliance (TNA) said that it was premature to make any comments on President Kumaratunga's move to takeover the three ministries. He however, suggested that both the President and the Prime Minister should forget their political differences and priority should be given to solve the country's national problem. "For the time being, we can't accept any move by anyone which brings barriers to the peace process", he added.

Ex-Defence Minister Thilak Marapona said that the public who voted for the UNF do not want to stay with this move taken by the President. He said that her motives are anyhow not relevant to the country's security or safety. "She was trying to take advantage of the last chance they had. If we were able to present the budget and go for the Provincial Council elections next year, the PA would have nothing to do," he said.

The former Defence Minister also said that the President has the intention of becoming the Executive Prime Minister of the country and be in power for another six years. He further added that they had already taken their first step on expressing their confidence in the Prime Minister and many more steps will be taken shortly. He also stressed that the President will have to withdraw her decision in two or three days.

Ex-Interior Minister John Amaratunga said that President's move came in an undemocratic way and she should have been consulted the Prime Minister before her action.

"The results of her action will be available soon and it will affect not only the people who voted for the UNF, but whole the country", he said.

He also added that the PM was a democratic leader and he does not want to take any undemocratic steps on the issue. He said that they would take all the necessary steps to respect the mandate given by the public to the UNF at the last election. He also spoke on the President's invitation for a cooperate process to the UNF and said that the party will take the right decision after a perfect study on the suggestion.

******

What the Business Community has to say

by Elmo Leonard

The business sector reacted strongly to President Chandrika Bandaranaike Kumaratunga's decision to fire the ministers of Defence, Interior and Mass Media, and bring the Ministries under their command. Stocks plummeted, and fears were expressed about the economic progress.

But by Friday things almost returned to normal, and Business leaders were heard commenting that things would workout at the end. Here is what some of the business leaders have to say:

Hatton National Bank (HNB's) managing director and CEO, Rienzie Wijetilleke described the events of the past few days as being of grave concern to people who have the national interest at heart.

He wished that saner counsel would prevail among the leaders in the interest of the country and that they would work towards a better understanding among themselves.

A leading personality involved in foreign investment who did not wish to be identified was of the opinion that an united aim of the south should be to keep the Tamil Tigers at the negotiating table. 'The former guerilla organisation has put forward its proposals for "self-determination," he said adding that the proposals must be bargained hard, or else, it would give the wrong impression even to foreigners. These he said were the ones willing to provide security, donor agencies, investors and tourists.

With the security of the country at stake, Parliament is the only place where widespread debate is possible. Parliament's doors should be opened, immediately, he said.

He said that foreign investors are adapting a wait-and-see-policy, which is detrimental of the country.

Sri Lanka has nothing unique to offer foreign investors, he said adding the cost of production in China and India and many other countries is much lower in Sri Lanka and as is their cost of power.

Friday, last week, the Colombo stock market recorded just under a billion rupees in turnover, regaining 140 points. This was seen by Colombo Stock Exchange (CSE) chairman, Eraj Wijesinghe as a note of recovery, if government could clear the air of political uncertainty.

There is a lot of liquidity in the hands of the people, the stock market crashed badly due to rumours that the Finance Ministry would also be acquired.

Amidst the fall, on the "second trading day of uncertainty" the market regained 50 percent, being a show of underlying stability, Wijesinghe said. Wijesinghe, also chairman of the Bartleet Group, said that it was unfortunate that the market built up to its highest levels in terms of volume and indices since the early '90s, should have nose-dived.

Before the crisis, Colombo was categorised as the best performing market in the region. This helped regain Sri Lanka's identify in the international arena.

It also afforded us the opportunity for the Sri Lanka market to reach international standards.

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Call all Sri Lanka

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www.peaceinsrilanka.org

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