Issues and non-Issues at the forthcoming Election

By Shanie
Courtesy: The Island

(December 26, Colombo, Sri Lanka Guardian) This is an unusual Presidential Election we are facing. Although there are are an unprecedented 22 candidates, only two contestants have any realistic chance of being elected. But what is worrying is the extraordinary amount of non-issues that are being raised as also the abuse and venom directed at one of the candidates. This could, of course, boomerang against those who engage in this slanderous campaign, as this column has pointed out before. In July, 1960, Mrs Sirimavo Bandaranaike, new to politics, was ridiculed and slandered in a vicious campaign by the media, political opponents and even some academics. But their over-kill worked in favour of Mrs Bandaranaike, who was elected by a large majority. When elected, despite her lack of political experience, she displayed far greater political acumen and maturity than many of her politically older colleagues. This column has also pointed out the case of General Ramos, a former Army Commander with no political experience, who ran for election and became arguably the most effective President in Philippines' history.

Much is being written and spoken about the interview General Fonseka gave recently to a Sunday newspaper. The former Professor of Law, who will speak to any brief given to him, wants us to believe that it is a great betrayal of the country. That Fonseka was only repeating allegations aired and published in newspapers several weeks ago is lost on him. G L Peiris is concerned that the fate that befell the Nazi leadership and General Pinochet might fall on the Sri Lankan leadership. One must question if the good Professor is in his right mind. Is he defending the actions of the Nazis and Pinochet and/or comparing their actions and the consequences to that of the present Sri Lankan government? Pinochet was not jailed for over four years, as Peiris claimed. Nor was he charged with war crimes. But at the time of his death, he was under house arrest awaiting trial on over 300 charges of murder, torture, unlawful arrest, tax evasion and embezzlement. Ironically, one of the charges pertained to an action code-named Operation Colombo where some 119 persons were killed. Pinochet reportedly had dozens of secret bank accounts outside his country where several millions of US dollars had been placed. By defending the Nazis and Pinochet and stating that fate of the Nazis and Pinochet should not befall any Sri Lankan leader, Peiris raises questions as to whom exactly he is supporting at this election.

Sarath Fonseka has a reputation for a no-nonsense approach to what he says and does. He has stated that he takes full responsibility for the actions of the Army or any of his officers during the period he was Army Commander. This is the stand of a professional soldier and is the kind of professionalism that is required in a person aspiring to be the chief executive of the country.

Good Governance

Amidst all the focus, even by the media, on non-issues and character assassinations, it was refreshing to find two groups who have come forward to raise with the Presidential candidates pertinent and vital national questions that need to be addressed by them. One was by the Citizen's Movement for Good Governance (CIMOGG) and the other by the group of Concerned Tamils led by Devanesan Nesiah, S Sivathasan , Kumar David et al. Both groups have virtually raised the same questions – questions which are so vital for a return to good governance and for the rule of law to prevail in our country. This column will therefore comment on the questionnaire addressed to the candidates by CIMOGG. (The CIMOGG's questions are quoted within inverted commas.)

"1. Within 30 days of assuming office as President, will you implement the 17th Amendment as presently set out in the Constitution, by appointing to the Constitutional Council, your nominee and the persons whose names have been duly proposed by the relevant nominating authorities?

2.Within 60 days of assuming office, will you provide the Constitutional Council with the support and resources required to enable them to appoint all members to the Elections Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Permanent Commission to Investigate Allegations of Bribery and Corruption, the Finance Commission and the Delimitation Commission, so that the next Parliamentary elections would be conducted with these Independent Commissions in place?"

One of the most impressive pieces of constitutional amendments passed by the Chandrika Kumaratunga administration was the 17th Amendment which provided for independent commissions to administer the public services, the judicial services, the Police, etc. It worked reasonably well then but by refusing to perform this constitutional duty, the present administration has politicised these institutions. No one is totally "independent" but it is only by giving responsibility to non-politicians for making appointments to the various commissions that even a semblance of better governance can be ensured.

"3. Within 60 days of assuming office, will you submit to Parliament, a Constitutional Amendment to remove Presidential Immunity from prosecution?"

The J R Jayewardene administration introduced this clause in the 1978 constitution for reasons that are not quite clear. It may be on the principle in constitutional monarchies that the King can do no wrong. But this is totally unacceptable where the head of state is also the chief executive. Executive actions which are in violation of the rule of law and are extra-constitutional must be subject to judicial review.

"4. Within 60 days of assuming office, will you replace the Press Council with a Media Commission, in consultation with the Constitutional Council?"

We need an independent media where journalists have the freedom to write without fear of abduction, intimidation or violence, subject to the laws of the land. A truly independent Media Commission is required both to protect the journalists and as also to ensure that the media does not misuse the power it undoubtedly wields.

"5. Within 60 days of assuming office, will you have the Declaration of Assets and Liabilities Law amended so as to make such declarations compulsory when submitting nominations for any elected office, with provision for annual updating, all of which would have to be submitted to the Elections Commission, which would publish this information on its web site?"

Allegations of corruption against politicians are not infrequent. The public are naturally concerned that some political figures and their families seem to lead a lifestyle disproportionate to their known assets at the time they took to politics or acquired political office. These concerns can be met only if there is a compulsory declaration of assets updated at stipulated periods. In this regard, it is understood that Sarath Fonseka has made a declaration of assets whilst submitting his nomination papers. One hopes that the other 21 candidates will follow suit.

"6. Within 90 days of your assuming office, will you set up, in consultation with the Constitutional Council, a Constitutional Reform Advisory Committee, of whom not more than one-third shall be lawyers, to prepare a new Constitution which will, inter alia:

a. maximise the separation of powers between the Legislature, the Executive and the Judiciary, with Parliament having full control over public finance?

b. limit the number of Cabinet Ministers to not more than twenty-five (25) and all other categories of Ministers (Deputy, Project, District etc) to not more than fifteen (15)?

c. remove the right of the President to dissolve Parliament as and when he wishes and, instead, fix specific dates for all elections at intervals of either 4 or 5 years?

d. provide, as in the case of all State employees, for the automatic suspension of any elected representative from functioning in his office if he is faced with criminal charges, unless and until such time as he is acquitted?

e. provide more realistically workable constitutional procedures for dealing with a President or Member of Parliament or Judicial Officer who violates his oath or affirmation to uphold and safeguard the Constitution? ....... (Yes/No)

7. Within 90 days of your assuming office, will you bring before Parliament a Right to Information Bill and include in it comprehensive protection for whistle-blowers?"

These are all provisions that will provide for accountability and good governance. We have had public officials who shamelessly continue to hold office or assume positions, even ministerial positions, while facing criminal charges (including for murder). We have also had convicted persons who have served jail terms both here and abroad. Whistle-blowers who have the courage to expose corruption within institutions and departments need protection from harassment.

"8. Within 90 days of your assuming office, will you take concrete steps, to ensure that the 16th Amendment (relating to Official Languages) is brought into full implementation over the following 12 months?"

Minorities without a knowledge of Sinhala must be made to feel that they are also equal citizens of this country. They need to be able find their way in government offices, fill up forms and record their statements in Police Stations in either Sinhala or Tamil. Successive governments have failed to give the rightful place to the minorities by ensuring that there is bilingualism in all state institutions. There can be no national reconciliation without this.

"9. Within 90 days of your assuming office, will you take steps, to publish the full contents of the reports of all the Commissions of Inquiry which have been paid for from State funds from the date of Independence?"

Appointments of public commissions of inquiry must not be merely for the purpose of meeting international and domestic criticism or trying to show that some meaningful action is contemplated. In recent times, the APRC and the Udalagama Commission that inquired, among other incidents, into the killing of the students at Trincomalee and the ACF workers at Mutur, have submitted their reports. Neither has been published and, if reports are correct, there is no intention to publish them or to act on their recommendations. Millions of rupees have been spent out of public funds seemingly to satisfy a party political purpose.

"10. Within 120 days of your assuming office, will you take steps, to pass laws conforming to the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol, both of which were ratified by Sri Lanka in 1976, and the Second Optional Protocol, ratified in 1991, which would, inter alia, protect the rights of ethnic and religious minorities, and create a favourable ambience for building national unity?

11. Within 180 days of assuming office, will you appoint a Commission to recommend specific programmes to reverse the damage done to national unity as is happening at present by separating school children into differing ethnic and religious streams?

12. Within 12 months of assuming office, will you ensure that the Permanent Commission to Investigate Allegations of Bribery and Corruption is provided with its own Investigation and Prosecution Unit and all necessary resources to examine the Declarations of Assets and Liabilities of those who are required to submit and update them, taking into account all information received from whatever source, and to take steps to have legal action instituted against those who do not submit the annual updates or cannot explain how they came by their assets?

13. Within 18 months of assuming office, will you pass the necessary laws and make the requisite administrative arrangements to enable our expatriate citizens to vote in Sri Lankan Presidential and Parliamentary elections?

14. Is it your intention to implement the 13th Amendment in part, in full or in full and more?"

The priorities that should be faced by the new administration are to eliminate are a strict enforcement of the rule of law, depoliticisation of the public services and the law-enforcement agencies, elimination of corruption that seems to have reached unprecedented levels and a solution to the national question that will bring about national reconciliation and unity.

All fourteen of the questions should be answered by all the Presidential candidates, particularly by the two leading candidates. Some of the voters, for ideological reasons, may wish to vote a candidate other than the two leading ones. This is reasonable enough but we know that none of the others has any realistic chance of being elected. So if we are not to be virtually disenfranchised, at least the second preference vote should be for one of the two leaders. We need from the two leaders clear answers to all the questions so that we are able to discern from their answers as to which of them deserve our first or second preference vote. Is it to be 'business as usual' or a 'time for change'?