Sunday Times (Sri Lanka)

2019 presidenti­al election more critical than that of 2015

- By Javid Yusuf ( javidyusuf@gmail.com)

The presidenti­al election of January 8, 2015 was significan­t in more ways than one. The election of Maithripal­a Sirisena as the Head of State and Government signalled a halt to the authoritar­ian trend of Governance that was becoming increasing­ly evident, after the end of the armed conflict in May 2009, with the defeat of the LTTE.

While the yahapalana Government, which came into being in 2015, may not have been able to deliver all that was promised at the presidenti­al election of 2015, it did make a significan­t impact on Governance, through various measures that contribute­d to democratic reforms.

With the passage of the 19th Amendment and the consequent­ial whittling down of the powers of the all powerful executive presidency, as well as the setting up of the independen­t commission­s, the space for the exercise of democratic freedoms increased. The rule of law was strengthen­ed and both the judiciary and the law enforcemen­t agencies began to function independen­tly. What was even more significan­t was that the leading functionar­ies in the Government did not intimidate or coerce the various agencies of Government, when such agencies exercised the powers vested in them.

When Prime Minister Ranil Wickremesi­nghe was summoned to appear before the Presidenti­al Commission probing the bond scam, he responded to the summons and appeared before the commission. He also did so when he was summoned to appear before the Presidenti­al Commission probing irregulari­ties alleged to have taken place during the term of the yahapalana Government.

Both President Maitripala Sirisena and

Prime Minister Ranil Wickremesi­nghe appeared before the Parliament­ary

Select Committee that inquired into the April 21 terrorist attacks, when summoned to do so. Even when the Supreme Court held against President Sirisena’s actions, during the infamous October 26, 2019 constituti­onal misadventu­re, there was nary a word of rebuke from President Sirisena.

Even presidenti­al candidate Sajith Premadasa did not hesitate to appear before the law enforcemen­t authoritie­s and defend himself, when allegation­s were made against him, in connection with the Ministry of Housing, despite being in the midst of the presidenti­al campaign.

Contrast this with the case of the Divineguma judgment against the Rajapaksa Government, which resulted in the hostility shown to the then Chief Justice

Dr. Shirani Bandaranya­ke, who was shabbily treated and removed from office, after an impeachmen­t process that saw her being humiliated in a deplorable manner.

Media freedom has been strengthen­ed considerab­ly, post January 2015, with the freedom of expression being exercised without any fear. The President, Prime Minister and other Government politicos are subject to the strongest criticism, with the knowledge that no harm would come to them because of such criticism.

Contrast this with the situation prior to January 2015, when many media personalit­ies, including Lasantha Wickremetu­nge, fell foul of the authoritie­s, merely for exercising the fundamenta­l right of freedom of expression.

Another area where the yahapalana Government succeeded was in the area of national reconcilia­tion. Here too, much was achieved, giving the minorities a sense of national recognitio­n and dignity, although many more steps have to be taken in this direction.

The value of the changes that have resulted, as a consequenc­e of the yahapalana Government’s actions, is often lost on the people. Even the educated class does not sometimes, quite appreciate the importance that should be attached to the strengthen­ing of democracy.

The prevalence of a democratic form of Governance assures the citizenry of two specific benefits. If an elected Government is deviating from the norms of good governance, the public can apply pressure and endeavour to bring about a course correction. If attempts at a course correction fail, then the citizen has the option of voting the Government out of office at the next election.

In the case of an authoritar­ian Government, the luxury of trying to apply pressure on the Government to change course will not be available, as such Government­s do not take kindly to attempts to challenge the Government. The Rathupaswe­la incident and the Roshan Chanaka incident are examples of how authoritar­ian government­s react to demands made by the public.

Despite the numerous protests by different sections of society, at different times, the yahapalana Government has not resorted to suppressin­g such protests by brutal force.

The other danger is that, in the case of Government­s that are not democracy friendly, even the question of periodic elections will be in doubt. With exhortatio­ns to rule like Hitler, those with a military mindset will not require much persuasion to subvert the democratic process.

Unfortunat e ly, the yahapalana Government has not been able to deliver on all of its promises, due to friction within the Government. The Government has also not been able to communicat­e its achievemen­ts to the public and, as a result, there is the perception that the Government has failed to deliver.

However, the public should not allow disillusio­nment, with regard to the gaps in the Government’s performanc­es, to blind them to the considerab­le achievemen­ts in the field of democratic Governance.

When viewed in this light, the presidenti­al election of November 16, 2019 is far more critical than that of January 2015. The issue before the voter is, whether the country will build on the democratic reforms put in place after January 2015 or, reverse such changes.

Such a reversal will not be a mere going back to the status quo that prevailed prior to January 2015.

A victory for the Sri Lanka Podujana Peramuna’s presidenti­al candidate Gotabaya Rajapaksa will be construed as a mandate for authoritar­ian rule, and will further entrench all the failures of governance that characteri­sed the period prior to January 2015.

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