An article by Sunalie Ratnayake and Sanath Jinadasa published by the Asian Human Rights Commission
SRI LANKA: Proposed 18th Amendment to the constitution — An encoded devious mission of the ruling schemers
Sunalie Ratnayake and Sanath Jinadasa
In a concise epoch, much succinct than one could have ever imagined, or may have ever anticipated, especially since the second dubious re-entry to the throne in January this year (2010), in his dogmatic kingdom, has the manifestation of President Percy Mahendra Rajapakse’s (a.k.a Mahinda Rajapakse’s) ardent ravenousness for interminable supremacy / power been stripped before the entire nation. The proposed 18th Amendment to the constitution of the Democratic Socialist Republic of Sri Lanka by all means is undeniably, characteristically, enormously, the absolute reverse of democracy, transparency and integrity. It shall, by all means, never fall into the category of exaggeration, as far as truth and characteristics are concerned, that the proposed 18th Amendment to the constitution is nothing but a psychopathological condition characterized by delusional fantasies of affluence, power and omnipotence, not quite dissimilar to the psychosomatic condition encompassed by the once LTTE (Liberation Tigers of Tamil Eelam) leader Velupillai Pirapaharan. The sinister proposals are a mere icon of the obsession with flamboyant, profligate contemplations in the minds of the Rajapakses, and a means of placing same into action, in perpetuity. Nevertheless, though the ultimate effect of the aforesaid proposals are being designed for grandiose obsessions to be executed of the ruler, and his probable successor, they have been deceitfully planned for future instigation, in the most unfathomable and guarded manner.
The convergence of the elimination of the presidential term limit, together with the cessation of the 17th Amendment, two of the proposal’s main constituents evidently reveal a despotism, in which Percy Mahendra Rajapakse could effortlessly hold the presidency for life, and in due course, the aforesaid office could be outshined by his preferred aspirant, most likely one lengthened from his infinitely branched family tree, from which a significant number of members, by now, hold all possible administrative designations, plus the crafted opinionated designations in aspects of awkward family profitability.
With deep apprehension, do we assert the fact that it certainly is persuasive that the 18th Amendment to the constitution bill seek out the removal of grave constitutional restraints, as far as presidential power is concerned, thus the transformations, with no skepticism whatsoever, are radically paradoxical as per constitutionalism and liberal democratic values. Moreover, the same shall unfavourably, hastily and harmfully cause excruciating affect, as per the sovereignty of the people of the Democratic Socialist Republic of Sri Lanka. What is more, we repulsively wish to strike a chord, of the fact, that this predetermined, and by all means devious project of the ruling schemers are divergent to the optimistic promises in the “Mahinda Chinthana,” as well as the “Mahinda Chinthana Idiri Dekma,” thereby forming an even larger contrary to the mandates bestowed by the citizens of Sri Lanka, in the 2005 and 2010 presidential elections.
It is more demeaning to observe, as per the brazen mannerism conducted by the ruling regime, with its “Maha Rajano” standing tall, with nothing but a cold-blooded, exceedingly self-centered keenness to obtain the required two thirds majority in Sri Lankan parliament, in order to pass the 18th Amendment to the constitution in legislature, evidently to the favour of him, and in his equally gluttonous bevy, by merely paying currency in lump sums, and candidly buying off, yet unashamed, ungrateful, cowardly, weak-willed, spineless opposition officials, undesirably elected to the house by the Diyawanna-Oya, by non others than innocent citizens, who had been taken for yet another hideous ride, not too long ago, at the recent parliamentary elections held in April this year (2010). Be the marginal parties as it may, what more could we expect from the main opposition, which encompasses a leader who throughout his political history failed in many an avenue, including the simple, yet somber inability to keep his team together. Besides, in terms of such a drastic and absolutely perverse revolution , as per the constitution, especially one that would cause adverse effect on the masses, isn’t it reasonable to seek the approval of the people of Sri Lanka, preferably via referendum, prior to any further proceeding ?
The harshly and constantly condemned 1978 constitution, belonging to late President Junius Richard Jayawardene, as per it’s authorship, soon after being passed and implemented, also through a two thirds majority in the then parliament, to the knowledge of us all, resulted in the construction of a constitution structure, where the president was placed above law, thus, downgrading the judiciary and the parliament towards a secondary position. In president Jayawardene’s own words, it was a constitution, where the only unfeasibility was turning a man into a woman and vise versa, attesting the power ad nauseam, inculcated within same. It indeed is quite apparent that, had this constitution not been formed, and constitutional changes had not taken place over the years, Sri Lanka’s ensuing history would have been poles apart at an enormous rate. Alas, instead of defeating the unrelenting dilemmas created, ever since the inception of the 1978 constitution, the present government lead by Percy Mahendra Rajapakse has taken a treacherous and dappled path, in which idiocy by its all possible means has climaxed way beyond the idiocies of the 1978 constitution. In fact, the proposed 18th Amendment to the constitution has only reduced President Jatawardene’s constitution to a mere comic story.
Getting back to the initial crucial element of the proposed 18th Amendment to the constitution, in aspects of substantiation, the term limit abolition of the executive presidency itself, is maneuvering Sri Lanka outside the possibilities of the uninterrupted safeguarding of the preeminence of the law. A characteristic, attribute or mark of presidential systems includes the burden of term limits, the apparent raison d’être for which is the avoidance of constitutional totalitarianism, by preventing or disallowing one person to hold office in time with no end, yet subject to periodic democratic election. In the milieu of the disproportionate powers granted upon the executive presidency, the somewhat extensive six year term, twelve years in combination of two terms, the nonappearance of fixed terms, and all-inclusive personal legal protection, jointly with futile checks and balances represented in the governing system, launched by the 1978 constitution, the constraint to two terms that any one individual may hold that office, presuppose even superior significance. As stated earlier, it is this very preserve, a dreadfully critical, yet basic preserve that the present government of Percy Mahendra Rajapakse is in quest of abolishing.
Now, let us focus on the subsequent or second key element, as per the proposed 18th Amendment to the constitution, which is the negation of restrains in presidential power established by the 17th Amendment. Been endorsed in the year 2001, with the facilitation of an exceptional cross-party consensus in Sri Lankan parliament, the 17th amendment was instigated in view of de-politicizing key areas of governance. The 17th Amendment did not alter the constitution’s basic composition, and leaving this basic structure of the constitution intact, obviously meant that the executive presidency too was unharmed. However, the execution of the 17th Amendment was indeed an elongated, traumatic campaign for reform, carried out by the country’s strident forces of democracy, which also, by and large included civil society. This established vital bureaucratic restraint, in terms of exercising presidential power. Yet, as expressed above, the basic structure of the constitution, including the executive presidential system remained integral and intact. Thus, the implementation of the 17th Amendment never managed to realize its potential to the degree of its expectant establishment at the first place. Taken the aforesaid evaluation into greater consideration, it is also evident that the 17th Amendment never reached its expectations, not in terms of installation, but in terms of implementation, purely due to the successive presidents’ stubbornness cum narrow-mindedness. Therefore, what sense does it make, in terms of the justifications moving forward, as per its nullification? Isn’t the same, unimpressive by all means?
Moreover, as per preserving Sri Lanka’s legal framework, and as per its citizen’s safeguard, within its framework of law, that is however, if at all, the true meaningful essence of law prevails in same, given the present circumstances alone in the island, there shall be no prospect for that particular purpose. The destiny of Sri Lanka’s average citizen, in terms of seeking auxiliary protection, is but a dream, in the wake of the nightmare of a proposed 18th Amendment to the constitution.
Once been known as the pearl of the Indian ocean, “pearl,” unquestionably meaning being “precious,” and in worth mentioning history, having been the most thriving island in many an aspect, in the entire South Asian region, sadly yet truthfully, and being parallel to our conscience, also being fervently hopeful that the island’s present rulers including the president too may have one (a conscience), we have to admit the fact, let alone accept same, that we have been an ill-fated nation in the recent and farthest past. Taking the recent history into consideration, we have been a nation that has abundantly experienced countless human disappearances, subject to well known cataclysmic agendas of interested parties, under the watchful eye of all past regimes, not forgetting to mention the relentless and noteworthy number of increased disappearances and cold blooded atrocious murders, in most instances, the same been conducted on broad day light, at times, on so called high security zones as well, and the same acts of barbarism being carried out, not only in the island’s north and east, but also the south, needless to articulate, under the vigilant eye of the present day Rajapakse regime as well.
Not that we as a nation have not experienced brutality in ancient history as well. A history spanning deep into the eras of the kings; kindly note that here we are drawing attention to the eras of the authentic kings of our nation, and not the present day over rated plastic ones. A ruler having grown a heavily dyed moustache on his face does not necessarily meet the criteria of him being a king or Maha Rajanan, but apparently may be called so, by the bootlickers under his wing, so let both parties, the former and the latter have their provisional moments of contentment by doing so, for such childish acts are not of much importance, given the daunting gravity of the present circumstances in the land like no other.
Not that we have not experienced catastrophes and brutality by means of wars with potential enemies, as well as abundant betrayal of our very own people, all throughout history, and not that just a little over an year ago that we did not manage to overcome a nearly three decade long civil war, with the internationally acknowledged most ruthless terrorists in the world, namely the LTTE, noteworthy in mentioning, a triumph that indeed saw daylight, visibly due to the grand and impressive guidance of a Commander In Chief Percy Mahendra Rajapakse, the unreserved brilliance of its core architect the then Army Commander (Rtd) Gen. Sarath Fonseka, all notable contributions by every single commander of the remaining armed forces, and never forgetting ever, the myriad and the most bona fide, yet unsung heroes, our dear and brave soldiers who by and large sacrificed their lives, arms and limbs, also, their families out there, and the entire civil society of Sri Lanka, who stood tall and strong, in the presence of the mammoth sacrifices having been made throughout the past three decades, in spite of their ethnicity, religion, customs, social backdrop or what not, in terms of attaining fruitful results in a cause, common and critical, that was eradicating the LTTE, once and for all. Such realities can never be erased, nor can they be forgotten, in terms of Mother Lanka’s most recent history.
Be that as it may, mother Lanka’s present regime has also kept record after record, not only in terms of tactfully terminating the most ruthless terrorist organization in the world, with the palpable facilitation of all the aforesaid masses, but also by illegitimately detaining, incarcerating and most recently stripping the world’s best army commander (Rtd) Gen. Sarath Fonseka, who led the troops into an extraordinary war victory just a little over an year ago, of his rank, honours, medals, and also brazenly ceasing his pension. Therefore, it is evident that the Rajapakse regime is capable of revenge in many a mode, both constructive and apathetic. Comprehensible revenge of course, over the entire nation’s once enemy, the LTTE, but also the shockingly disgraceful revenge towards a distinguished member of its own squad, purely in terms of illimitable hunger for power and politics.
Reversing to the focal point of this critique, it was apparent that the 1978 constitution did bring dreadful devastations in aspects of mass forced disappearances in Sri Lanka’s north, east and the south, needless to exclaim, making them equivalent to the world’s worst case scenarios. When the then constitution was accountable for such tragedies of such demoralizing nature, what can we expect from the proposed 18th Amendment to the constitution, which by the proposals alone, has observably been capable to shrink the 1978 constitution into a mere shaggy dog story. What mode of comfort, we as law-abiding citizens of mother Lanka could expect, in terms of forced disappearances, extrajudicial murders, illegal detentions, elevated abuse of power, and the list may go on and on ? It is us, the citizens of Sri Lanka, who shall ultimately pay the loathsome price of disgust, thus suffer for the rest of our lives and times, as far as the consequences of these so called amendments.
Moreover, taking a further closer look at the proposed 18th Amendment bill, as far as details are concerned, it does lay bare predictable fundamental changes to the independent commissions, notably the Elections Commission and the National Police Commission. This is in addition to the abolition of the Constitutional Council and proposed proxy with a strikingly feeble Parliamentary Council. The President shall be sanctioned in appointing members to the independent commissions, as well as to do away with them, unswervingly undervaluing the aforesaid entities into mere presidential add-ons. Such insurrection as per the liberty of the Independent Commissions would facilitate absolute subjugation of the public service, the judiciary and the media to the self-control of the all-powerful President.
A majority of the most central powers bestowed by the 17th Amendment on the Elections Commission, essential to the integrity of the electoral procedure shall also be subject to elimination. The absolute composition and the rationale of the National Police Commission would be subject to modification, thus dismantling and reassembling the central mechanism of political independence, as well as the professionalism of the Police force, thus the new Commission to be, simply executing a role of an administrative complaints body.
What’s more, particularly having experienced the present regime for the past five years, and knowing the ultimate force of the trap, or the depth of the perforation, that one may subject to be maltreated upon, or rather, the ultimate price that one may have to pay, once he or she has provoked the Rajapakse brothers, the 18th Amendment shall all the same, enable the President to make or break vocations, which simply ultimately lead to lives in general, of such victimized individuals, and needless to say with absolute penalties affixed as per same.
Likewise, the swift act of construction of proposals, as per the 18th Amendment to the constitution corroborate yet another feature in par with the Rajapakse hypothesis. That is none other than to secure themselves, along with their hangers-on, from the possibilities of being prosecuted, in the presence of rule beyond boundaries, that is foreign intervention. It is not a misapprehension to state that, fearsome thoughts of the somewhat recent eventual fate encountered by once an exceedingly influential and revolutionary President of Iraq, Saddam Hussein, may have even slightly tickled the conscience of the Rajapakses’ for it is a plain fact, that those who have committed grave misconduct in life, shall eternally live with fear. We are convinced of the fact of the awareness of the Rajapakses’ by now, of the simple unwritten law of extreme power being equivalent to extreme fear.
For if not, in a post war environment, such as that of ours in Sri Lanka, amongst the key aspirations should be a constitutional settlement that would wholeheartedly address the challenges of unity, diversity and ethnic reconciliation, in order to ensure unqualified peace, and thereby structuring the assurance of the future stability in post war Sri Lanka, a critical factor that is not indicated even on a margin of the proposed 18th Amendment to the constitution.
All these fanatical conducts of the Rajapakse regime is nothing, but trying their level best, and of course succeeding at a rate, in the presence of infinite power in hand, some noteworthy luck, endorsement of some betrayers, sadly those belonging to our own throng, and a number of people who are, by all means numb to the ill-fated factors taking place under the same sky that they share with the emperor. However, what needs to be accentuated is that the Rajapakses’ together with their bootlickers are making hay while the sun shines, dishonourably cheating a noteworthy number of innocent Sri Lankan citizens, as per their own rights as citizens, particularly due to their lack of knowledge on what truly is taking place, ultimately leaving them with chilling shadows, not only for lifetimes, but possibly for generations to come. The Idi Amin dictatorial technique of the Rajapakse supremacy seem to be working far too well for the emperor, his siblings and his squad, especially given the aforesaid reality, which is lack of knowledge of the innocent masses.
As the proposed changes to the constitution being perceptibly fundamental, in seriously affecting the approach in which the sovereignty of Sri Lanka’s citizens is exercised, we once again wish to emphasize the importance in furnishing opportunities for possible dialogue cum deliberation, and sternly condemn the absence for such an opportunity, in aspects of the people of the country to express their view, for which they have the unqualified right, at least in terms of referendum. It’s disgusting to learn that the present regime has elapsed such crucial rights of its citizens, the same citizens who substantially, yet not wholly was instrumental in bringing the present regime into power on a second term.
In the presence of shameless, spineless, disloyal members of opposition parties, who would not only deceive the rights of the country’s citizens, but would even literally go as far as to the discreditable level of trading their own mother, in exchange of power and money, the Rajapakse’s effortless road to tyranny is not only smoothly tarred, but carpeted in crimson as well. Likewise, in a society with a majority settling for unresponsiveness, the crimson carpeted path of the yet unofficial dictators would eventually be studded with gem stones as well, thus adding glitter to the self-centered agendas, and their feasible implementation by the present day Rajapakse’s, as well as those probable successors, in the years to come.
We can only support a leader, as long as he walks straight. The moment he proliferates, and enforces dictatorial schema, as headstrong citizens with an absolute awareness and conscience, which is utterly clear, we no longer can stand with a dictator, nor can we give into a creepy and ambiguous dictatorial regime, would it be of the Rajapakses or any other.
The views shared in this article do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.
About the Author:
The writers Sunalie Ratnayake & Sanath Jinadasa could be reached at sunalie.secretandbeyond@yahoo.com and sanath.secretandbeyond@yahoo.com
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
