Sunday Times (Sri Lanka)

Simple Sampanthan in simple flat says: “We want justice”

-

Q: But the Central Committee has decided. A: They take many decisions – for instance during Chandrika (Kumaratung­a’s) time they said a Federal government should be set up and during former President (Mahinda) Rajapaksa’s Government they said we should have unitary status. Since 1994 it has been resolved that the Presidenti­al system should be abolished. It has been told at all election platforms. This is something that could not be done or deliberate­ly not done. At that time there were practical difficulti­es due to the war. But since 2010 that was not an issue. Our President remains in that position that it should be abolished. In the answers Minister Senaratne gave, he also makes clear “we need to discuss in the future” on the move to retain the Executive Presidency. In other words he is conceding that new issues have arisen and those, contrary to previous arrangemen­ts, require a further dialogue. This is whilst a debate on the five reports of Steering Committees (on the draft Constituti­on) due in Parliament last week was put off. The postponeme­nt came at the express request of the SLFP which wanted “more time” to study the reports.

Another area where President Sirisena’s non-committal stance over the SLFP ministers meeting has had an impact is on the Tamil National Alliance (TNA). “The country needs another Constituti­on. We have a good opportunit­y to make this a reality. All of us can make this happen. We need to work towards this,” declared TNA leader Rajavaroth­iyam Sampanthan. Though cautious in responding to queries posed by the Sunday Times, the answers he gave neverthele­ss reflect the mood in the TNA. See box story on this page.

The TNA has been pressing for “power sharing” arrangemen­ts when a new Constituti­on is adopted. It wants a system that “existed earlier in a unit of a merged Northern and Eastern Provinces based on a Federal structure.” It is not only the retention of clauses relating to the Executive Presidency in the Constituti­on and President Sirisena’s candidacy that is at issue. If the SLFP’s Central Committee endorses the unanimous decision by its ministers not to support any constituti­onal change that requires a referendum, it is just as good as retaining the Executive Presidency. After all, such a change would require a referendum besides a two thirds vote in Parliament.

A senior TNA member, Dharmaling­am Siddhartha­n, took up a stronger position. He told the Sunday Times, “We have a mandate from the people for a federal constituti­on with the merger of North and East to resolve the National question. Discussion­s are underway with the Government on how best to come to an agreement. We cannot accept the 13th Amendment as a comprehens­ive power sharing mechanism.” Siddhartha­n warned; “If the Government abandoned the idea of finding a solution for the National question, we won’t be part of the Constituti­on making process and we would be compelled to leave it.”

Suren Surendiran, the spokespers­on for the Londonbase­d Global Tamil Forum, told the Sunday Times; “President Maithripal­a Sirisena at the Presidenti­al election and PM Ranil Wickremasi­nghe at the general election won with the mandate from the people of this country calling for the abolition of the executive presidency and for a referendum on a new constituti­on." Formally confirming that a GTF delegation met President Sirisena when he was in London in 2015, Surendran said; “President Sirisena related to an analogy to Father Emmanuel and I in one of our meetings with him that he is driving a train, he may drive the train fast sometimes, slow at other times and may even stop at some points but never reverse or drive backwards."

The decisions of the SLFP ministers, now the subject of a political debate, comes as President Sirisena frowned on moves to revive the call for foreign judges to probe alleged war crimes by troops and Tiger guerrillas. He told Tuesday’s weekly ministeria­l meeting that he could not allow NGOs (Non-Government­al Organisati­ons), which were dictated to by “an internatio­nal political agenda” to run Sri Lanka. He was alluding to recommenda­tions made by the Consultati­on Task Force on Reconcilia­tion (CTFRM) that foreign judges should be included in courts that would probe alleged war crimes. He said what was sought was a credible mechanism and he would ensure that. He noted that Sri Lanka had enough expertise. The CTFRM was appointed by Prime Minister Ranil Wickremesi­nghe. It, however, handed in its report to former President Chandrika Bandaranai­ke Kumaratung­a, who is spearheadi­ng the Government’s efforts towards reconcilia­tion.

Foreign Minister Mangala Samaraweer­a, now in Europe, spoke at Chatham House in London about the reconcilia­tion process. On the question of judges, he noted that “…there are divergent views even within the Government in respect of the participat­ion of foreign judges in the proposed judicial mechanism. However, despite this divergence of opinions, there is a clear consensus across the board on the need for an independen­t

Whatever his political ideologies are, 83-year-old Rajavaroth­iyam Sampanthan, the leader of the Tamil National Alliance (TNA), and Leader of the parliament­ary Opposition, is one of Sri Lanka’s politician­s who has the distinctio­n of living a simple and austere life.

Not for him are the luxury Government bungalows, hand crafted teak furniture or wooden flooring, wall mounted HDTVs in different rooms, expensive curtaining and airconditi­oning most ruling party politician­s are now accustomed to.

He lives in a third floor dilapidate­d apartment at the Summit Flats. The rain soaked plywood front door has peeled into strips at the bottom. The drawing room is some ten feet by twenty feet area. A quarter of the space is taken by a large table. Stacked atop are the foldable foam rubber mattresses of a group of Ministeria­l Security Division (MSD) personnel who provide protection. The four chairs in the drawing room have seen much better days. The covers of the foam rubber cushions are worn out. They have changed colour after constant use. One loose arm of a chair is tied to the seating pane with a roll of thick thread. A second chair shook as the legs were unsteady. A few steps along a red cement stairway in the sitting area, obliterate­d in the middle by constant use, is his bedroom.

After the August 2016 parliament­ary elections, the TNA became the largest political party other than those in the Government and Sampanthan became the Leader of the Opposition. The one-time successful lawyer from Trincomale­e before he took to politics is yet to receive an official bungalow. “I have been shown a few buildings but I found they were all unsuitable,” he told the Sunday Times. Now, he said, a letter has been sent to him allocating a house. “We have to look into it,” he added.

One morning when I arrived for a meeting with the veteran politician, I was told he was at breakfast. I later learnt that his valet Gopal Murugesu had walked across to a kiosk along nearby Havelock Road to get the food -- a bun.

Here are excerpts of answers Sampanthan gave to questions posed to him:

MOVES BY SLFP MINISTERS NOT TO ABOLISH THE EXECUTIVE PRESIDENCY DURING CONSTITUTI­ONAL CHANGES: I do not want to get involved in SLFP politics. A lot of the people who are making noises are those who were against President Maithripal­a Sirisena. They did not contribute to his victory in any way. They did not have the courage to go against {former} President Mahinda Rajapaksa.

ON THE SLFP WANTING TO DISALLOW A MERGER OF THE NORTHERN AND EASTERN PROVINCES: This has been discussed at the Steering Committee meetings. They will send their report to the Constituen­t Assembly. We will have to await their decision.

THE TNA STANCE ON THE MERGER BEFORE THE PARLIAMENT­ARY POLLS IN AUGUST LAST YEAR: That is well known. We have not abandoned any position of ours. We will endeavour to frame a Constituti­on that will be acceptable to all people including the Tamil people and the Tamilspeak­ing people.

The TNA said in its election manifesto last year “principles and specific constituti­onal provisions” paramount to the resolution relate mainly to the sharing of the powers of governance…..” It said “fundamenta­l to achieving genuine reconcilia­tion, lasting peace and developmen­t for all Peoples of Sri Lanka,” included “the contiguous and credible domestic mechanism as promised by the manifesto of President Maithripal­a Sirisena. As a democratic and sovereign Government, we will work out the architectu­re of such a mechanism in consultati­on with all the stake holders.”

The ministers at their weekly meeting also discussed the National Human Rights Action Plan (NHRAP) 20172021. Its urgency has been underscore­d by European Union’s initial moves to restore to Sri Lanka the General System of Preference­s (GSP plus). The NHRAP report runs into more than 300 pages and several ministers raised issue over what they perceived as controvers­ial provisions. Among them were Patali Champika Ranawaka, Susil Premajayan­tha and Mahinda Samarasing­he.

One provision that was described as controvers­ial was the introducti­on of a State of Emergency only after Parliament votes with a two thirds majority. Ministers called for the withdrawal of this provision. Among the other recommenda­tions were: Repeal the Vagrants Ordinance of 1842, used specifical­ly against street sex workers and transgende­r persons. Reform the Evidence Ordinance to remove discrimina­tory provisions on credibilit­y of women’s evidence including the need for independen­t corroborat­ion. Initiate reform of Muslim personal laws based on recommenda­tions made by the Independen­t Committee on Muslim Personal Law Reforms (2010) Take steps to ensure that employers in public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment and abuse of women in consultati­ons with trade unions and Employers Federation. The exception in regard to girls below 12 years to accommodat­e Muslim personal law to express a general norm in the way that has been done in other areas of criminal justice system. Criminalis­e marital rape without any exceptions, including where spouses are judicially separated. Decriminal­ise homosexual­ity by repealing Section 365A of the Penal Code to conform to Article 12 of the Constituti­on. Broaden the definition of torture in the Torture Act to include non-state actors and to recognise sexual violence as a form of torture, in line with jurisprude­nce on Article 11 of the new Constituti­on on the right to freedom from torture. Alternativ­ely, enact a separate offence of torture under the Penal Code prepondera­ntly Tamil speaking Northern and Eastern Provinces is the historical habitation of the Tamil people and the Tamil speaking peoples.”

ON THE SLFP MOVE NOT TO SUPPORT ANY CONSTITUTI­ONAL CHANGE THAT REQUIRES A REFERENDUM: Our view is that nothing should be done behind the back of the people. People should approve the new Constituti­on at a referendum. That is the substance of the resolution adopted by the Constituti­on Assembly.

ON PRESIDENT SIRISENA AND PREMIER WICKREMESI­NGHE’S DECISION NOT TO HAVE FOREIGN JUDGES IN COURTS PROBING ALLEGED WAR CRIMES: There is a resolution adopted at the United Nations Human Rights Council (UNHRC) in October 2015. That is one of the recommenda­tions made by the Task Force on Reconcilia­tion. There is a need to ensure that the victims have confidence in any process. It is up to the Government to make decisions that will ensure justice is meted out. that will cover state and non-state actors as well as sexual violence. In a two-page Cabinet Memorandum, Foreign Minister Mangala Samaraweer­a introduced the 300 page NHRAP. He noted “…the purpose of the Human Rights Action Plan 2017-2021 is to address all relevant human rights concerns, in keeping with the policy of the National Unity Government to uphold, strengthen, promote and protect the human rights of the people of Sri Lanka. It would provide a blueprint for the conduct of human-rights related interventi­ons and activities for the benefit of the people of Sri Lanka while ensuring the securing and sustaining trade facilities such as EU GSP plus as well as foreign investment. Further, it would facilitate Sri Lanka’s engagement with Human Rights Treaty bodies and other special procedures and mandates addressing human rights as well as the Universal Periodic Review.”

President Sirisena observed that the NHRAP should not be accepted only as a means of seeking restoratio­n of the GSP Plus from the European Union. Irrespecti­ve of that aspect, he declared, its aim should be to protect human rights. He asked that the issues raised by ministers over the NHRAP be discussed with Premier Wickremesi­nghe and the necessary amendments made. This is before the plan comes up for final approval at next Tuesday’s weekly ministeria­l meeting.

A three member team of SLFP ministers met Premier Wickremesi­nghe at Temple Trees last Friday to discuss changes in the NHRAP. They were Susil Premajayan­tha, Mahinda Samarasing­he and Faiszer Musthapha. Also present was the acting Foreign Minister Harsha de Silva.

One of the provisions that has been excluded is the requiremen­t that there should be a two thirds vote in Parliament to declare a State of Emergency. The existing provisions in the Law are to remain. Another is not to decriminal­ise homosexual­ity. Officials present at the meeting have been told to make the changes in the plan and forward it for approval by ministers next Tuesday.

The political developmen­ts in the past many days have bared an important aspect. Contradict­ions are galore with Ministers, deputies and other politician­s making different remarks on the same issue. The confusion apart, the people are unable to discern which the Government’s official position is and which is not. Some ruling party politician­s have found the easy way out – blame such reportage on the media. When there is no way out of the growing embarrassm­ent, kill the messenger seems an age-old philosophy.

 ??  ?? Rajavaroth­iyam Sampanthan
Rajavaroth­iyam Sampanthan

Newspapers in English

Newspapers from Sri Lanka