Col R Hariharan
Passing
of 19th Amendment
President
Maithripala Sirisena demonstrated his political strength when Sri Lanka
parliament passed the 19th Amendment to the Constitution to prune
the powers of the executive president on April 28, 2015. Only ten days earlier
110 Rajapaksa-loyalists of United Peoples Freedom Alliance (UPFA) in parliament
had proclaimed their opposition to the 19A. However, President Sirisena keen to
fulfil his electoral promise effectively wield his powers as the leader of the
Sri Lanka Freedom Party (SLFP), majority party in parliament, to get
overwhelming support with only 15 members voting against the amendment. However,
the pro-Rajapaksa loyalists managed to delay the passing of 19A by April 23,
the 100-day deadline of Sirisena-Wickremesinghe alliance had set to fulfil
their electoral agenda.
The
event may mark the beginning of the end of Rajapaksa family’s political power
because the 19A prohibits Sri Lankans holding dual citizenship from becoming
parliament members. This would automatically exclude former President
Rajapaksa’s brother Gotabaya, a US citizen holding dual citizenship, from
participating in electoral politics. Gotabaya wielded enormous power as defence
secretary virtually controlling the armed forces as President Rajapaksa also
held the defence portfolio.
However,
his other brother Basil who controlled a large chunk of government development
funds as minister for development should be able to contest the election as he is
only a US Green Card holder. But both the brothers are being investigated for
their involvement some of the serious corruption cases that have been unearthed
by the Sirisena government.
Politically
President Sirisena has emerged stronger after the passing of the 19A as it not
only reduces the powers of executive president but also takes away the powers
of the President to meddle with the appointments t0 head the judiciary,
election commission and police commission as former President Rajapaksa did.
Presidential
Advisor on Constitutional Affairs Dr Jayampathy Wickremratne has assessed that
with the passing of the 19A the executive powers of the President have been
scrapped by 60 to 65 percent. By this action the government succeeded in laying
the foundation for greater constitutional reforms to strengthen parliamentary
system of governance.
He also
said the government has now included the right to information as Fundamental
Right bringing it within the jurisdiction of the Supreme Court. This was more
than what was promised before the election.
The
next big step for the government would be to get the 20th Amendment
(20A) which aims at reforming the present electoral system passed through the
parliament. A consensus on when to introduce the bill for the amendment is yet
to emerge between the SLFP which holds the majority and the alliance government
on this issue. The UNP wants to call for election after getting the amendment
through while the SLFP would like to hold the election first on the present system
and let the new parliament handle the 20A. However, the UNP which sensed the
public mood after the success in getting the 19A passed has called for
immediate dissolution of parliament and holding of elections. This issue is
likely to be resolved soon.
Progress
of corruption inquiries
The
ruling alliance in Sri Lanka in keeping with its election promise to root out
corruption has established a Special Presidential Task Force for recovery of
illegally acquired state assets. The 13-member commission includes the legal
luminaries, Director Generals of Customs and Commission to Investigate Bribery
or Corruption (CIBOC) and Commissioner General of Inland Revenue Department.
The government
has empowered the Presidential Task Force to “investigate, identify, trace,
seize and transfer to Sri Lanka, state assets and revenue which are due to the
government that have been illegally or unlawfully acquired or procured and are
being concealed or kept outside the territory of Sri Lanka. And take effective
steps to cause their seizure and transfer or return to Sri Lanka to be
confiscated and vested in the General Treasury.”
Anti-corruption
charges are already being investigated against the Rajapaksas including the
former President and his brothers Basil and Gotabaya. In fact Basil Rajapaksa,
former minister, was arrested on his return from the U.S. and is being
interrogated now. Gotabaya is also facing the investigators. Right wing monks
loyal to Gotabaya have protested against the action. Similarly the decision of
the CIBOC to summon former President Rajapaksa to question on alleged corrupt
deals and stashing illegally gained money abroad created a protest among SLFP
loyalists within the parliamentary party. Now the CIBOC investigators proposed
to question the former president at his home.
The
government has already sought the assistance of the International Monetary Fund
(IMF), World Bank and Reserve Bank of India in tracing the illegal accounts
abroad. A special team from the World Bank’s Stolen Asset Recovery Initiative
(StAR) recently visited Sri Lanka to help the investigations. Sri Lankan media
reports have quoted the Cabinet Spokesman and minister Rajitha Senaratne as
saying that the government had learned that up to $ 10 billion in public funds
had been stolen and taken out of the country.
Though
Rajapaksas have put up a brave face and denied any act of corruption linked to
them and called the action of the government witch hunt, the government appears
to be determined to thoroughly investigate and prosecute them. But time seems
to be running out for Mahinda Rajapaksa to politically stage a comeback
particularly after this loyalists’ move to scuttle President Sirisena’s efforts
to push through the 19A miserably failed. This portends bad news for brothers
Gota and Basil Rajapaksa under the corruption investigations. This may continue
to dog them for a long time to come.
Written on April 30, 2015
Courtesy: South Asia Security Trends, May 2015 issue www.security-risks.com
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