19 A - a major stepping stone

Ven. Maduluwawe Sobitha Nayaka Thera:

Ven. Maduluwawe Sobitha Thera has remained in the forefront of democratic struggles, often marshalling progressive forces in pursuit of the same.The architect of the National Movement for a Just Society, Ven. Sobhitha Thera was involved in the co­ordination of all disparate factions into one organic whole­ to enthrone peoples’ constitutional rights through the 19th Amendment to the Constitution.In an interview with the Sunday Observer, Ven.Sobitha Thera said the 19th Amendment will benefit the public and pave the way for serious democratic reform. He also said that the what was secured should not be considered a complete victory and his Movement would further continue its campaign to pressurise the Government to pass the 20th Amendment to the Constitution on new electoral reforms, to complete a larger process of democratisation. The Ven. Thera also said, it was necessary to dissolve parliament and hold fresh polls to form a stable government after which a new Constitution should be formulated in collaboration with all political parties that will be steeped in democratic constitution­-making. Excerpts from the interview:

Q: The National Movement for a Just Society headed by you took the lead to launch a strong public awareness campaign to abolish the dictatorial attributes of the Executive Presidency introduced by the 1978 Constitution. Could you elaborate on this?

A: Once we formed the National Movement for a Just Society, we identified the unlimited powers vested with the Executive Presidency as the root cause for the social injustice and violation of democratic norms. We were of the view if the Executive Presidency is subjected to a change, it would pave the way to make a massive transformation within the country. Former President Mahinda Rajapaksa abolished the 17th Amendment which was unanimously passed in Parliament. If the 17th Amendment is reintroduced, justice can be meted out. To make this change, we commenced our movement and unified all political parties and civil organisations under one banner.

Through our campaign, we promote this ideology among the entire society. It reflected the yearning of all segments such as labourers, farmers, clerks, trade union leaders, university students and teachers, and pensioners for a just society. Our ultimate goal was to change this social system. When this change is going to be made, there won’t be any communal, religious and political disputes. Finally we all reached a unanimous decision to launch an agitation campaign to abolish the Executive Presidency. At several instances, we exerted pressure to former President Mahinda Rajapaksa to fulfill this pledge as in his Mahinda Chinthana. Even though he had a two thirds majority in Parliament, he was not sincere enough to fulfill that responsibility.

This compelled us to find out an alternative avenue to reach our target.

We decided to field a Common Candidate at the Presidential Election. The biggest problem faced was to find a suitable person because any person who exercises executive powers was not ready to give them up. However, President Maithripala Sirisena expressed his willingness to take up this challenge and we also had a lot of confidence in him. He was elected as the Executive President to abolish its powers irrespective of any political, religious and ethnic differences. Amidst a series of obstacles and challenges, he secured that victory. We requested the President to change the Executive Presidency within six months, but he wanted to change it within 100 days.

When President Sirisena contested the election, he categorically stated he has no intention to contest for Presidency for the second time. He said that four years are sufficient for him to continue his office and the President was generous to that extent. Which leader with dictatorial powers would agree to scale down his powers?

It was the President who directly held discussions with all political parties and reached a compromise to pass the 19th Amendment with an overwhelming majority in Parliament.

Actually this is a victory achieved by all people of the country. I don’t think there is a government of this nature anywhere in the world. We have a minority government and a majority Opposition.

According to the composition in Parliament, we couldn’t even dream of passing the 19th Amendment.

But all legislators have to bow down before the people’s mandate.

When the 19th Amendment debate commenced in Parliament, we also launched a peaceful demonstration urging all Parliamentarians to vote for it. Whatever comments are made, no Parliamentarian can raise his hand against his conscience. This is a policy accepted by the Sri Lanka Freedom Party, Communist Party, Lanka Sama Samaja Party, Jathika Hela Urumaya and the Janatha Vimukthi Peramuna. Whatever problems were cropped up, they all raised their hands at the eleventh hour to pass the 19th Amendment. Those who didn’t support this will have to apologise to the people.

However, this is not a complete victory. What we discussed was to fully abolish the Executive Presidency. But the Supreme Court has determined that there is a need to go for a referendum to do that. After the 17th amendment is implemented, there will be an independent state service, Police, judiciary and free elections will be held. The President cannot dissolve Parliament until four years have passed while the Cabinet consists of 25 members. Therefore the 19th Amendment has brought a lot of benefits and I am happy about the democratic changes made. But we have to go on a long journey and pass the 20th Amendment on new electoral reforms. To form a stable government, Parliament should be dissolved and a General Election held. After that, a new constitution should be formulated in collaboration with all political parties to fully abolish the Executive Presidency.

Q: The passage of the 19th Amendment is the first victory achieved by your Movement. What will be the next step?

A: Our next step is to launch an agitation campaign to change the electoral system and conduct a free and fair election. We call upon those who elected to that new parliament to rally round and convert the entire Parliament into a Constitutional Council to draft a new constitution.

Q: Do you think the 19th Amendment alone would be able to change the dictatorial nature of politics in the country?

A: The 19th Amendment is not 100 percent sufficient to do that. But the unlimited dictatorial powers exercised by the President have been curtailed. The passage of 19th Amendment has prevented the President from interfering with the judiciary and the State Service while a free and fair elections will be held under a new Election Commission. The President cannot also appoint Parliament Secretaries according to his personal will. A lot of undue powers exercised by the President have been restricted by this new legislation.

Q: To what extent can a constitutional amendment change the society?

A: This is not an easy task. This is only a beginning. A lot of bribery, corruption and other wrongdoings are rampant in the country. It is not easy to bring those to book who have been involved in these acts, because they show them off with different disguises. We don’t have a clear economic policy to move for a developed economy. The country is full of social vices, drug addicts and Ethanol dealers so that a massive transformation has to be made within the country in the near future.

Q: Do you think the contribution of the Buddhist and other religious communities is supplementary to make constitutional amendments a success?

A: Definitely. Maha Nayake theras, Catholic Bishops’ Conference and all other religious dignitaries have extended their fullest support towards our endeavour. All communities have joined hands to make this social transformation. At present a close understanding has been developed among all communities and religions.

Q: What kind of role could one expect from the Maha Sangha to change the existing culture?

A: The Government should take stern action to eradicate drugs and casinos from the country. Stern legal action should be taken against the drug dealers. Otherwise, this country cannot be changed only by preaching bana. The Government should also join hands while programs should be implemented at school level to educate the children on these social vices. President

Maithripala Sirisena has laid key emphasis to eradicate drug menace from the country. We can expect more people’s friendly moves from the President.

Q: What could modern society absorb from Buddhism to make society more human and egalitarian?

A: This country is called Dharma Deepa. This was formed earlier in accordance with the Buddhist ideals. Therefore, all political parties should be held responsible to change this pathetic situation. They provided room to create this chaotic situation in the country by promoting Casinos and allowing drug dealers to flee. So it is up to them to take the country in the right direction.

Q: Do you think the 19th and 20th Amendments are so interconnected that some Opposition members proposed should be pursued simultaneously?

A: These are two different amendments. There is no legal validity of those arguments. What we need is also to implement the 20th Amendment without any delay. This electoral reform should be made as early as possible and after that Parliament should be dissolved.

Q: What really made certain Bhikkhus campaign against the 19th Amendment?

A: I think they are opposed even to Mahinda Chinthana. Former President Mahinda Rajapaksa in his election manifesto pledged to abolish the Executive Presidency within his first term of office. Mahinda Rajapaksa before elected to the Presidency organised demonstrations and agitation campaigns to abolish the Executive Presidency. It seems those against the 19th amendment are opposed to all SLFP, LSSP, CP and the JVP policies. There was one UPFA Parliament member who listened to their voice.

Q: What impression has the Maha Sangha involved in active politics given the laymen? From what perspective could one justify their involvement in politics?

A: We have not been involved in politics. We can turn the country around by advising the people. But that task cannot be achieved only through preaching sermons. We have no intention whatsoever to become MPs or obtain ministerial portfolios.

Q: Are you satisfied with the progress of the Government’s 100 Day Program?

A: Certainly. Hundred days is not important. We only want to fulfill the pledges given. A major task of pruning the executive powers of the President has been done. In addition, a pardon was given to Field Marshal Sarath Fonseka while justice was given to former Chief Justice Shirani Bandaranayake.

In addition, a Rs 10,000 pay hike has been given to the public servants and a fair price offered to paddy and tea cultivators.

Q: What are the key areas that need to be addressed by the Government before the next General Election?

A: If the President can make an open invitation to all political parties to rally round him to fully abolish the Executive Presidency, introduce a new electoral system and a constitution, that would solve the need of the hour. After addressing these key issues, that Common Front can go for a General Election so that Tamil and Muslim parties can also join hands. We can also call it a National Government.

Q: What would be the future expectations and targets to be achieved by your movement?

A: I am entertaining a simple pleasure now. I don’t expect to get anything. If I am offered, I won’t accept anything. After a long time, baseless allegations were levelled against me and I also had to face various harassments and even my telephones were tapped. I was also banned from preaching bana at Rupavahini and the SLBC.

Former SLBC Chairman Hudson Samarasinghe made various allegations against me using filthy language from morning till evening. I had to face immense difficulties and harassments during the past few years. When I requested to release General Sarath Fonseka, my car was knocked down by a lorry.

But I have no hatred towards any of those who harassed me. I have no personal expectations whatsoever.

Amidst serious hardships, I am happy that we were able to achieve a significant victory to curtail the powers of the Executive Presidency. But we have to move forward on a long journey.