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.