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by Sri Lankan Robinhood
(
December 5, 2012, Colombo, Sri Lanka Guardian) From the formation of 1978
constitution in Sri Lanka, elections were held under violence and unrest over
the past two decades. After the 1978 constitution was introduced the first
election was held in 1988 where president Premadasa came to power. None of the
elections held in Sri Lanka after 1993 is free and fair. President D.B.
Wijethunga held free and fair elections in 1993 for the UPFA to come to power. The
readers can see the rising in numbers of people killed in General,
Presidential, Provincial, local government elections and how many opposition
party supporters/offices are attacked, how many political motivated killings
un-investigated after 1993 during president Chandrika and president Rajapakse
era.
Due
to this election violence the people’s actual franchise were not represented
during elections. The more opposition supporters attacked and killed during
elections the more the ruling party gets the majority in the parliament.
The
current majority gained by the ruling regime in general elections 2005 and in
the 2010 is a synthetic one. During the 2005 Presidential elections voters of Jaffna
Districts were prevented by an intrigue by the present regime and the LTTE by
offering money to the LTTE from voting. In 2010 elections the elections results
were electronically manipulated and worst elections violence reported with many
opposition supporters killed. The government abuse its power by using the state
resources to its maximum for election campaigns. In 2010 people inside Menik
farm were not given the opportunity to cast their votes by delaying their transportation
to the polling centres. The evicted Muslims in the Northern Province residing
as internally displaced and resettled people in the Puttalam and Mannar districts
are not duly taken into account during the electoral process before the
elections. Some of the IDP families pending, resettlement and resettled in
Mannar district and new eligible voters are neglected, abstained or dropped
during the electoral registration and issuing polling cards. Due to the delay in the resettlement process
the electoral registration of those people has been severely affected.
The
Rajapakse regime deliberately create, violence in UNP dominated areas during
elections campaigns and disrupts opposition political rallies and activities.
The regime uses underworld thugs, PSD (presidential security division) and STF
and disrupts opposition party rallies, meetings and destroys party offices and
kills opposition party activists. Due to this pre election violence and unrest
the opposition voters are not been able or prevented to use their franchise fear
of threats and intimidation. When elections are notified the regime starts to
disrupt the opposition activities in opposition dominated areas by various
means. From registering the electoral
process and up to the elections day the ruling regime, angles to curb the right
of the voter. This is very clear when we
see the disparity between the registered voters and polled voters. Sometimes voters
complain that their votes have been caste without their knowledge and
identification when they go to cast their vote. These polling cards are taken
before reaching the actual voter and given to ruling party activists to cast
their preferences.
In
such a circumstance peoples actual representation has not been franchised duly
during elections held after 1994. The 1999 Presidential elections, the Wayamba
PC in 1998, the 2001 and 2005 general elections are the worse in history
killing many opposition party supporters including the Udathalawinna massacre
during the Chandrika administration. In the 1999 presidential election 56
murders were reported and 30 attempted murders were reported. During the 2001
General elections 60 murders were reported including 14 on the polling day.
In
such a circumstance criticizing the opposition leadership of Ranil
Wicramasinghe for continuously losing 25 elections is absolutely baseless. Until
the independent commissions are established under the 17th amendment
to the constitution none of the elections can won by the opposition. When the Defence,
Police and the three armed forces are in the control of the executive, when
thugs are kept as bodyguards, when presidential security personal are allowed
to attack political opponents, when the paramilitary forces engage in
abductions, when the government in power uses the above to intimidate the
opposition none of the elections will be free and fair under the Rajapakse
administration. When elections are notified the regime sends its political
thugs to UNP dominated areas to create violence and unrest and gives political
appointments and transfers to public service including the police ignoring the
public services commission.
The
situation has become so worse that it cannot be compared with previous head of
states that the centrally powerful executive presidency abuses the power vested
to him in the constitution to his personal desire to his existence not giving
an opportunity to challenge anybody democratically. The central focused power
who is above the law can influence a group and mobilize them to create harm and
unjust to another to sustain its existence.
Independence
of Judiciary and the supremacy of the parliament
From
the appointment of Sarath N. Silva as the chief Justice during President
Chandrika administration none of the Supreme Court decisions pertaining to the constitution
were given to protect the supremacy of the parliament. The fundamental rights
petition filed to protect the people’s sovereignty and the best interest of the
citizens were dismissed and given judgments in favour of the executive. The
grave damage started when the Supreme Court gave a decision to preserve the
parliamentary seats when members crossed over to the ruling majority. These
members who are not independent candidates but belongs to the opposition political
party got their preferential votes using the party symbol crossed over to the
ruling party for financial gains and personal benefits. This opposition MP’s
were bought by the ruling regime by offering ministerial portfolios. When there
was a fundamental rights petition was filed against these MP’s challenging to
cancel their MP seats, the Supreme Court gave a judgment in favour of the MP’s
by preserving their parliamentary seats to preserve the majority in the
parliament not considering the best interest of the people who elected the same
MP.
May
be its Executive Presidency, the supreme parliament, Judiciary or the media the
sole description of these four arms of Democracy is to protect the sovereignty
of the people and work for the best interest of its citizens. None of the above
organ individually or collectively should work, seek, harass or influence help
from another organ to preserve or protect its individual existence or provide
direct, indirect help or remain silence to protect another organ. If any one of
the above organ individually or collectively work, seek, harass, influence or help
to preserve its own existence or help another organ to preserve its existence sovereignty
of the people is lost.
The
constitution of Sri Lanka is made out of the executive presidency, the
parliament and the Judiciary. The president, the parliamentarians and the chief
justice when taking oaths should promise to protect the constitutionand dedicate
to work independently considering only the best interest of its citizens while
protecting the sovereignty of the people.
In
the recent history of Sri Lankan politics there were ample instances the
executive manipulated the judiciary in such a way that most judgments given by
the Supreme Court only protected the executive presidency and preserved the ruling
majority in the parliament neglecting the sovereignty and working for the best
interest of the people.
In
2004 the majority parliament lead by the UNP was dissolved by President Chandrika
By using her executive powers subjugating the majority elected by the people. When
a fundamental rights petition was filed against the dissolution it was dismissed
by then Chief Justice Sarath N. Silva working for the interest of the former president
Chandrika Kumarathunge.
During
the UPFA administration the Executive, the ruling regime parliament, the
judiciary and the state media worked together and used its maximum powers to preserve
the executive presidency undermining the sovereignty and curbing the fundamental
rights of the people and suppressing the independent media.
During the UPFA regimes in order to sustain the
executive presidency and majority in the parliament these four arms cohabited
with each other and created laws and pass justice to sustain the executive presidency
post and to preserve the synthetic ruling majority in the parliament forgetting
the sovereignty and the best interest of its citizens.
Under
these circumstance when a synthetically elected unsuitable executive is ruling
with a synthetically lead parliament and a patronage chief justice who can be
influenced with a corrupt state media is in existence it is impossible for a
democratically elected opposition to counter the undemocratic acts of the
government democratically. There is no history that any previous presidents in
Sri Lanka before 1994 using millions of public money to acquire members of the
opposition by concocting ministries and offering them perk to lay low in the
parliament
In
a democratic country when all democratic arms are not working for the best
interest of its citizens there is no way the opposition or the people can seek
justice from the judiciary and the parliament in a democratic way where the
independence of the judiciary and the supremacy of the parliament are lost and
there will be no laws legislated in favour of the citizens.
The
laws passed in the parliament should be in favour of the citizens of the
country. The supremacy of the parliament is not defined by safeguarding the
parliamentary seat to protect the ruling majority. The present parliament ruled
by the UPFA is not a supreme legislature. The recently passed 18th
amendment by the legislature and the decisions given by the chief justice favouring
the amendment sustaining the existence of the executive failed to protect the sovereignty
of the people who elected the same executive.
If
the four arms of Democracy the Executive, the ruling regime in parliament, the Judiciary
and the media fails to protect the sovereignty of the people and the supremacy
of the parliament or if all above state mechanism coexisting with each other
and work for the sustainability and the personal benefits of one another and
work for the best interest of its own existence there is nothing the opposition
nor the opposition leader can do to combat the injustice, uphold the democratic
rights and protect the sovereignty of the people. The opposition leader is
mandated to protect the constitution by the legislature. The opposition leader
is not vested with defence power to combat the arbitrarily acts of this regime.
The opposition can raise its voice in
the parliament and make awareness to its citizens about the damage done to the
country and mobilize the citizens to rise against the injustice and
undemocratic governance.
This
can be considered the first time in the history of Sri Lanka where a government
is directly involved in killing the public and opposition party supporters
during protests. None of the political motivated killings are investigated by
the police and brought justice. We can see many presidential commissions are investigated
in a casual way but nothing done to bring the culprits before the court of
law. Whoever people raise their voice
against the regime are abducted using the white van. Though the emergency is
lifted the prevailing prevention of
terrorism act in force the police and the PSD can take anybody into custody
with or without a court order and hold in unlawful detention without
information. Due to this many media people who combated the undemocratic acts
of the government were abducted, assaulted, disappeared and killed and force to
leave the country fear of their lives.
If
an unsuitable person elected for the executive who is capable to preserve his
existence he is capable to dismiss a chief justice refusing to cohabit with the
executive and allege for misconduct of her personal behaviours. He can angle
opposition MP’s for millions of public funds to remain silence and to support
its synthetic majority. National treasures can be unlawfully dug and museums robbed
where there will be no proper investigations conducted. The rule of law will
not be equal to its citizens. There will be low quality petrol, blood platelets
and medicines are imported for the public. There will be political motivated murders
remain un-investigated by the police and CID , where politicians can influence
court jurisdictions, where public servants are assaulted and tied in public relations
minister. Ministers can enter state institutions and threaten media people.
There will be inter party murders occur during elections, where there are
hundreds of presidential commissions started without results, where there are
no ruling party members remain during parliamentary debates to answer questions
raised by the opposition. In such a situation there is nothing a democratically
elected opposition can do to challenge this government in power lawfully and
democratically. The only solution what the opposition can do is to mobilize the
public to rise up against the injustice committed by this regime.
The
two presidents of UPFA who were appointed after 1993, all UPFA
parliamentarians, the ex chief justices, the x attorney generals, IGP’s
appointed during the UPFA administration has stooped to such a low level to
promote the interest of one centrally powerful ruler neglecting their public
service and abstained to work for the best interest of the public to uphold the
supremacy of the parliament and rule of law to protect the democratic rights of
the citizens.
If the ruling majority in the parliament condemns
that there is no stronger opposition in the parliament and the media blames the
present opposition leader incapable to oust the existing government, I wish to
ask these unscrupulous members of the parliament, if there is will be a no
confidence motion against the present regime presented by the UNP, will these
parliamentarians who were once sold for public money, can return the balance
what is remaining with them and lay down the ministerial position and join with
the opposition?
The coalition led UPFA alliance, its members and
whoever promoted this regime to come to power, whoever crossed over from the
opposition to render their support, whoever helped this regime to sustain its
existence, whoever supported to legislate the 18th amendment, whoever
made underhand money and gained personal benefits from this regime, whoever
remained silent undermining the injustice committed to uphold the rule of law,
whoever acquired political appointments, whoever didn’t raise their voice
against inequity are solely responsible for losing the supremacy of the
parliament. The coalition governance led by the SLFP and other parties has
spent most of the public funds and time to sustain the existence of the
alliance neglecting their public service.
After the UPFA formed the alliance of all political parties the parliament
of Sri Lanka became Casino club working for personal benefits, privileges and
perks.
The
alliance ruling majority is in the process of angling members from the
opposition to the ruling party to increase their majority. Millions of public
funds are given underhand to buy members of the opposition and ministries
offered to support the government majority during voting to sustain its power.
Anti-Ranil opinion
When
Ranil wicramasinghe started a truce between the LTTE and the GOSL in 2002 a
movement created against Ranil Wicramasinghe labelling him as pro LTTE,
unpatriotic by the opposition. During the ceasefire agreement the security
barricades were removed and people were allowed to move freely to engage in
trade and other activities. There is a wide opinion that the United National
Party is diplomatic in its local administration and in its dealings with the
international world more than the SLFP, UPFA and other political parties. The
UNP was trying to corner the LTTE in its international arena that it’s engage
in a no cause liberation fight against the government and there is no necessity
for the LTTE to carry arms. Due to sustain the leadership of president
Kumarathunga there was a wide propaganda created alleging Wicramasinghe is engaged
in dividing the country into two with the help of the Norway and north east
will be given to LTTE for administration. Owing to this President Kumarathunga
took over three ministries of the ruling UNP government portraying a false
picture to the majority Bhuddist public the entire country is under threat. She
dissolved the ruling parliament led by the UNP and made a probationary
government with the JVP. There was a widespread opinion created by the communal
politics that “no matter what happens Ranil should not gain power”
If
the 2001 UNP government would have been existed or not dissolved by President
Kumarathunga the LTTE would be cornered by the international community and
forced to lay arms. Under these circumstance there would not be an opportunity raised
to engage in a cruel war with the LTTE. This would have saved lives of thousand
innocent civilians and saved many people losing their limbs and saved women and
children to live with their husbands and father. UNP is a party famous for
uniting all ethnicities under one nationality and creating brotherhood among
the majority and the minorities living in Sri Lanka. UNP is a party not engage
in gallery politics and provocate the majority with the minorities and sustain
its party in power. Being a bhuddist I
am sad to note that many Singhalese has failed to know this fact.
Therefore
at a time when there is heaping cost of living where people are not been able
to eat a single square meal, where 12 people are killed within 72 hours, where
there are remand prisoners are abducted near court precinct, judicial officers
are attacked and assaulted where no culprits apprehended, where people are
abducted using white vans, where inmates are killed inside the prison, courts
are being stoned by henchmen of parliamentarians, where media people leave the country fear of abductions, where youths
are illegally leaving the country to seek jobs, where impunity and lawlessness
is ruling, when there are child abuse and rapes are done by the members of the
regime, where there are unidentified
dead bodies found murdered, where women’s are murdered, where there are taxes
imposed for sardine and almost 100 all state institutions are incurring losses due
to corruption, it is absurd to poke behind the opposition leader. The best is
to poke and pry the injustice committed by the ruling regime and its henchmen’s
to the people of this country.
It
is a quite flattering and sad that few UNP supporters, lawyers and x UNP
ministers do not understand this basic fact and simple issue but trailing behind
the opposition leader for abstaining his duties. In such a circumstance it is
worthy to inform the unscrupulous senses of these UNP supporters, lawyers and X
UNP ministers, the state media including the Sirasa to stop mudslinging
campaign of the opposition leader and to do something useful such as to push
this government to establish of the 17th amendment to legislate the independence
of the elections, police and the public services commission which will enable
to uphold the independence of the Judiciary, Supremacy of the parliament and
media freedom which will lead UNP to an unprecedented victory –
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