Dissanayake has long claimed that an NPP government would draft a new constitution. However, his manifesto reveals an unexpected approach.
by Veeragathy Thanabalasingham
The election manifestos of the three main presidential candidates were released last week.
First, on 26 August, National People’s Power (NPP) Leader Anura Kumara Dissanayake unveiled his manifesto titled ‘A Thriving Nation – A Beautiful Life’. Then, on 29 August, President Ranil Wickremesinghe released his manifesto under the title ‘Five Triumphant Years for Sri Lanka with Ranil’, while Samagi Jana Balawegaya (SJB) Leader Sajith Premadasa presented his manifesto titled ‘A Win for All’.
All three candidates have prioritised plans to rescue Sri Lanka from the economic crisis in their manifestos and have proposed solutions to many of the country’s problems. However, it is doubtful that ordinary people will read these lengthy declarations with much patience.
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| Ranil Wickremesinghe delivers a key address at an election campaign rally. |
Wickremesinghe firmly believes that economic recovery can only be achieved by continuing the economic restructuring measures implemented over the past two years, in line with the agreement his Government made with the International Monetary Fund (IMF). He suggests that the other two main candidates may not effectively carry out these restructuring measures and is asking the people for a five-year mandate.
Premadasa and Dissanayake have also stated that they will adhere to the IMF agreement with some amendments, but will negotiate with the international lender to reduce the tax burden on the people. Therefore, regardless of who becomes the new president, it is clear that the economic recovery plan will align with the IMF agreement.
Amending the Constitution
This article aims to briefly examine the three leaders’ positions on constitutional issues and the national ethnic problem as outlined in their manifestos. Prior to the Presidential Election announcement, all three candidates had expressed their views on a political solution to the ethnic problem and mentioned these in their manifestos.
Dissanayake has long claimed that an NPP government would draft a new constitution. However, his manifesto reveals an unexpected approach. He proposes to expedite the constitutional drafting process undertaken during the 2015-2019 government led by President Maithripala Sirisena and Prime Minister Wickremesinghe. He envisions sharing political and administrative powers with local governments, districts, and provinces to enable widespread participation in governance through the new constitution. The manifesto makes no direct reference to the 13th Amendment to the Constitution.
In contrast, President Wickremesinghe has proposed that powers be devolved to the Provincial Councils according to the 13th Amendment, restoring powers previously reclaimed by the Central Government. He has also suggested that decisions regarding police powers for the Provincial Councils should be made by the new Parliament. The President, who has pledged to prioritise national reconciliation, has promised to pass a Truth and Reconciliation Act and implement the Nawaz Commission report on missing persons.
Premadasa states that his alliance is committed to changing the current Constitution and creating a new one with proper consultation involving religious leaders, political parties, and civil society members. His manifesto indicates a goal of transitioning to a parliamentary system with maximum devolution based on the 13th Amendment, while affirming the commitment to Provincial Councils by not retracting their powers and enhancing provincial development.
Abolishing the Executive Presidency
Regarding the abolition of the executive presidency, Dissanayake has stated that his government would abolish the executive presidential system, establish a parliamentary system, and create a non-executive presidency. Wickremesinghe, however, has indicated that the responsibility for drafting a new constitution would be given to the new Parliament elected after the Presidential Election. He also mentioned that the new Parliament should decide whether to abolish the executive presidency, which is a position he has reiterated.
Premadasa and Dissanayake have both argued for leaving the decision on abolishing the presidential system to the next Parliament, which will be elected with a new mandate from the people. Despite decades of debate on the issue, no concrete steps have been taken so far. People remain sceptical about the political integrity of the candidates’ promises.
An important question is whether political parties in the next Parliament can reach a consensus on drafting a new constitution, given the current political landscape and party support.
The National and Ethnic Situation
An opportunity exists for Tamil political parties to exploit the current situation effectively. Unfortunately, many Tamil parties in the north and east seem indifferent to this opportunity.
Tamil parties advocating for a permanent solution to the national and ethnic problem have been urging the Sri Lankan Government to fully implement the 13th Amendment and have asked New Delhi to pressure Colombo. The leaders of these parties should not assume their responsibility is over after making such requests. They need to work together to persuade or pressure the Government to fully implement the 13th Amendment.
A political strategy must be employed to ensure a conducive environment. Given the favorable positions on the 13th Amendment taken by the three main candidates, Tamil party leaders should engage with them to secure assurances that the next president will not oppose future efforts to implement the amendment. This pragmatic approach seems prudent.
While I am not a proponent of the 13th Amendment, it is reasonable for Tamil parties to adopt such a strategy, considering they view it as a stepping stone toward a permanent political settlement.
There is also a faction within the Tamil polity that rejects the 13th Amendment entirely.
Do the Tamil people today possess the political clout to compel any future government to reinstate similar or lesser provisions if the amendment is abolished? This question remains unanswered. While dreaming is easy, Tamil people must focus on a practical approach.
13A and Beyond
Dissanayake’s manifesto mentions completing the constitutional drafting process from the ‘Yahapalana’ Government. During that process, then Opposition Leader R. Sampanthan and Tamil National Alliance (TNA) Parliamentarian M.A. Sumanthiran suggested exploring more comprehensive devolution proposals beyond the 13th Amendment, implying a shift away from focusing on the 13th Amendment.
However, due to regime change, the constitution drafting process could not continue. Prime Minister Wickremesinghe submitted an interim report to Parliament.
Some Tamil politicians view the lack of specific reference to the 13th Amendment in Dissanayake’s manifesto as a positive sign, suggesting the NPP’s commitment to complete the stalled constitutional drafting process.
Yet, considering that the 13th Amendment has not been properly implemented for over three decades, Tamil political parties have hoped for solutions beyond it. This hope stems from past strategies used by former President Ranasinghe Premadasa to avoid implementing the amendment.
Subsequent leaders, including Chandrika Kumaratunga and Mahinda Rajapaksa, have taken initiatives but ensured the 13th Amendment remained inadequately implemented. Rajapaksa did not release the report of the All-Party Representative Committee headed by Prof. Tissa Vitharana. Given these experiences, Tamil party leaders should adopt a strategy that ensures the full implementation of the 13th Amendment for the time being.
Veeragathy Thanabalasingham is the Editor-in-Chief at Thinakkural, a prominent Tamil-language newspaper based in Colombo.
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