Dr Sudath Gunasekara (SLAS) President Mahanuwara Senior Citizens Movement and retired Permanent Secretary to Prime Minister Sirimavo Bandaranaike. 15.6.2016)
(What I have predicted in this article published in Lankaweb on 6 Jan. 2016 has now come true. Therefore I am requesting you to publish it again).
As usual the Yahpalanaya Government, buried to the neck in its power hungry, selfish and short sighted political agenda without being able to identify its public, socio-economic, cultural and religious priorities, always put the cart before the horse or mixes up priorities and gets in to a no return situation, utterly confusing and clumsy and get bogged in a huge labyrinth of political and social mess. How unfortunate it is that it has not realized the fact that the heart beat of this Island nation is found in the rustic country side, more particularly among the Sinhala Buddhist majority, and not with the NGOO and civil societies based in the posh Colombo metropolis or not in foreign countries like USA,UK, Norway or India or neither with the ethnic Tamil people who had left the shores of this country for good long time ago for different reasons expecting to return to the EELAM after Pirapaharan establishes his mono Tamil Kingdom. After all the Sinhala people in this country are killed by the LTTE with the help of India.
In the wake of ‘Vivasta Rukada Nadagama’ now being staged by this hybrid Government at the command of the Western neo-Imperialist forces, India, so-called Tamil Diaspora and the anti Sinhala and anti Buddhist bunch of NGOO, it reminds me of Chandrika’s famous Package of 1997, (popularly called Pottaniya as JR named it) a monstrous attempt made by Chandrika, through which she tried to hand over the North and East to Prabhakaran through similar Constitutional reforms.
In an article in the Divayina daily 4th Feb 1998 written at the request of Upali Tennakon (Chief Editor) I called her attempt ‘Sinhalaye Maha Pavadiima’. We defeated her betrayal with the help of the Mahasangha of this country under the able leadership of most Venerable late Palipana Chandanada, Mahanayaka Thera of Asgiriya Chapter, Rambukwelle Vipassi Mahanayaka Thera, the Mahanayaka Thera of Malwatta and Madihe Pannasiha Mahanayaka Thera and also Weveldeniye Medhananda Mahanayaka Thera of Ramanna nikaya. I also remember an eminent group of patriotic people like Justice Raja Wansundara, Dr.Piyasena Disanayaka and S. W Walpita of the Sinhala Commission, S.L. Gunasekara, Harischandra Wijetunga, Gamini Iriyagolla, Prof. C.M.Maddumabandara.(Ex VC Peradeniya UNV) and Ven Maduluwawe Sobita Thera together with a large number of other patriotic people. Unfortunately it is hard to think of such miracles today as almost all of them are gone except Harischnadara Wijetunga, Maddu and myself.
I am afraid the present Government is trying to re enact even a Greater Betrayal by the proposed ‘Constitutional Nadagama’ hatched perhaps by the same Chandrika who mothered 1997 drama and conspired by the leaders of this Government, pushed and supported by all the anti Sinhala and anti Buddhist forces in the world led by the Imperial West and supported by India.
Prime Minister Ranil Wickremesinghe appears to have initiated action on this Great betrayal last week. It was reported that he has appointed a 24-member committee to obtain views on constitutional reforms from the public as a priority buy this Government. He is also now going to convert the Parliament into a Constitutional Assembly on the 9th for this purpose. It is also said that the members of the above Committee are drawn from political and civil society sectors. Under what Constitutional provision this Committee was appointed is not clear and therefore how valid their findings will be is also a subject to controversy.
The Committee is headed by 1 Attorney-at-Law Lal Wijenaike and comprised of, 2 Faizer Musthapha PC, 3 Dr. Navaratna Bandara, 4 Prof. M.L.A. Cader, 5 N. Selvakumaran, 6 S.Thavarajah, 7 Kushan de Alwis PC, 8 Dr. Harini Amarasuriya, 9 Dr. Kumudu Kusum Kumara, 10 Attorney-at-Law Sunil Jayaratne, 11 Dr. Upul Abeyratne, 12Themiya Hurulle, 13 Winston Pathiraja, 14 S. Vijesandiran, Attorney-at-Law 15 M.Y.M. Faiz,16 Nadika Damayanthi, 17 Attorney-at-Law Kanthi Ranasinghe, 18 S.C.C. Illangakone and 19 Samarasiri Hapuarachchi.20 Prof. Gamini Samaranayake
The other 4 are missing.
The news item says this Committee has been mandated to seek oral and written submissions from the public and
Thereafter their report will be considered by a Cabinet Sub Committee on Constitutional Reforms again appointed by Ranil. The design and Constitution of these Committee obviously looks as if ‘Naduth Hamuduruwange Baduth Hamuduruwange’.
There is also wide controversy among the legal fraternity over the legitimacy of going for a new Constitution and converting the Parliament in to a Constitutional Assembly. Neither the President nor the present Parliament, either at Jan 8 or August 17 elections has got a mandate to replace the present Constitution. So it is a matter for the legal circles to contest this issue in court and stop this madness by an illegitimate government and save the country getting in to a no return situation.
Regarding the Committee already appointed by Ranil, there is no provision for such a Committee in Sec 75 of the Constitution which deals with legislative powers of Parliament. As such even though talking about this committee appears to be a waste of time I propose to make some relevant observations only on the quality and the capacity of the committee as I see it and the overall subject of constitution making for this country for the attention of patriotic citizens of this country, since the Constitution of a country forms the basic and supreme law that governs it that has to be a flawless and perfect legal document, leaving the legal aspect to be dealt by legal luminaries.
Though the news item says 24, the above list has only 20 members. Even without those missing 4 members, going by the names already given in the list and looking at their social stature, academic and legal backgrounds and known past records, I have my serious doubts whether there is a single person in this list who knows in depth the answers to the following three issues.
.a) as to why a new constitution is sought at this juncture,
- b) For whom and what country this Constitution is meant and finally
- c) for what purpose it is going to be designed.
Next going by the list I don’t see a single person in this list who is conversant with the long and illustrious history, (political ,legal, social, cultural or religious), of this country or the long standing traditions and customs that had been the solid foundation of the state of this country over the past 2500 odd years. Other than general antipathy towards the Sinhala Buddhist majority, their political, ethnic and ideological affiliations with the masterminds of the ruling elite and their readiness to subscribe to the needs of the Government in power, I do not see any other plus factor in their selection. Few of them may know the flaws of the existing Constitution as any ordinary person in this country knows by heart. But their lack of expertise in the aforesaid backgrounds and Constitution making, make them utterly unsuitable for the task in hand.
First, of all, with the exception of one who had been a Professor at Peradeniya all others are drawn from a list of people who are directly associated with the political thinking of the present government. Except that person, all others including the Chairman of the Committee appear to represent the various groups who supported this government to come to power on Jan 8th and August 17 2015.They represent different shades of political thinking that who supported this Government. They are either Trotskyites, LSSP, CP or strong supporters of federalism, separatism and devolution. The Government I think already has made the draft Constitution made long before this committee was appointed. At least I know of one person who was in the team who drafted the famous 1997 Package playing the major role in making this Constitution. It is very clear that none of them is pro Sinhala or pro Buddhist. Or at least none of them have any sympathy for the Sinhalese Buddhists who constitute the overall majority in this country, 75%. They all are advocates of equal rights to all including even illicit immigrants. They also completely reject any preferential treatment to Sinhala people constituting 75% of the total population of this country and who are the architects of the civilization and culture of this Island. In fact all of them advocate preferential treatment for minority communities. They are champions of minority rights and aspirations. Remember this bunch of betrayers is headed by none other than Chnadrika Kumaratunga who once said that she feels ashamed to be called a Sinhala Buddhist and also at some other time recently said that the Sri Lankan problem could never be solved until the Sinhala Majoritarianism is totally defeated. This in fact is exactly what Chadrika, Ranil My 3 Government wants them to say at the end to satisfy their Western masters and the Tamils and Muslims who voted them to power. I do not know why they don’t present that document to this monkey cage called Parliament without wasting public funds and time. For those in the reform Committee it is only a matter of time to subscribe their signatures for which they will be rewarded with suitable positions, some as Ambassadors and others with lucrative positions in public or corporate Sectors and even as Cabinet Ministers since such decision depend entirely in the hands of the Big Troika, who make all the vital decisions on Governance in this country at present. They don’t care the Constitution or any other law provide or not for such decisions. All the rest in the government are only yes-men who make mechanical gestures at the end of each decision as those who shout ‘Ayubova! at the end of every recital in a village bali ceremony.
I also don’t see a single eminent constitutional lawyer or a senior Statesman of refute like what we saw in 1948, 1972 or 1987 Constitution making in this Committee. This situation becomes even more serious when you look at the quality of those who will form the Cabinet subcommittee. For example there is not aasingle member In these committees say of the caliber of Sir Ivor Jennings (1948), Colvin R De Silva, N.M. Perera and Peter Keuneman (1972) and H.W. Jayawardhana (1987).Thirdly and more importantly there is none representing the traditional Sinhala majority view. It is also surprising that there is not a single Sinhala Buddhist leader from the majority community to represent the interests of 75% of the total population of this country and who knows the history, traditions and the aspirations of the Sinhala Buddhist majority. No need to say the absence of a single scholarly Buddhist monk belonging to that fraternity who not only made constitutions for this country but also who made and unmade their Kings in the past, who ruled this country for 2500 year. Isn’t it a right royal disgrace, betrayal and humiliation to the Sinhala Community and the Buddhist fraternity headed by the four Mahanayaka Theras and the three other High priests of the Kelaniya, Dambulla and Rohana. Sectors?.
Remember this committee is expected to seek oral and written submissions from the public and submit a factual and accurate report on the aspirations of the general public to the Cabinet subcommittee. I wonder how a bunch of people who are alienated from the majority and tied up with personal agendas and foreign ideologies will be able to understand the true feelings and aspirations of the people at the grass root level. So it want be difficult even for a tiny tot to understand the type of report one could expect from this group.
As it had been already revealed by the Prime Minister at the Sujatha Jayawardhana Memorial Oration few days back the shape of the Constitution to come is very clear. The cat has already been let out of the bag. At this lecture Ranil had mentioned three things,
- a) Abolition of the Executive Presidency.
- b) Electoral reforms and
- c) solving the national problem.
Of these the first one will not happen immediately as they have decided for the time being to allow the incumbent to enjoy that privilege until 2020. Therefore the first promise is a blatant lie. Whom are they trying to deceive? As it stands the blue print of the proposed Constitution appears to be finalized. Later he has said lot of things like devolving executive power to the Chief Ministers and more powers to the PCC like land Police powers. He also had indicated many other models like the Australian, which mean complete federal status even exceeding those of the Indian model. In other words full independence and autonomy to the provinces with provision to amalgamate two or more Provinces that will pave the way to the formation of the EELAM, including North, East and the dream Malayanadu at the centre of the country. This probably will be the entire central province as he and Minister Kiriella has already started giving permanent deeds to estate Tamils before the last General election. The latter programme will be completed by 2025 as has already being arranged by the Government before the last general election by the PM and Minister Kiriella as Minister of Plantations at that time.
Therefore by 2025, if not before, with 1/3 in the North and East and 1/3 at the centre together orming 2/3 of the area of the Island, the Tamil EELAM under this government will become a reality, a dream British made as far back as 1833 when they first divided the Sinhala Kingdom in to Five Provinces and laid the foundation for a divided Lanka on ethnic lines as a basic strategy in their divide and rule colonial policy. THE NEXT STEP British colonial rulers made was systematically empowering of Jaffna Tamils by opening up 45 English schools in Jaffna District out of 103 for the whole Island by 1845 to built up a formidable educated political power against the Majority Sinhalese and also probably to take over the administration of the Island after they leave. It was followed by settlement of a South Indian Tamil labour force right at the centre of the country on new coffee plantations opened by them, as suggested by Governor Torrington in 1848 after the Matale rebellion as they call it (the second freedom struggle by the patriotic natives) as a long term strategy to keep the Sinhala nation suppressed.
Then in 1948 when they left the country, they got the Sinhala leaders to blindly accept the Soulbury Constitution that introduced three poisonous germs in to the body politic of this 2500 year old nation.
They were
- a) the minority concept for the first time in the history of this country under the Sec 29,
- b) the idea of presence of many nations in this country by introducing the word UNP (United National Party that implies there are more than one nation in this country) where as there was only one nation- Sinhala- before 1815 and lastly
- c) by changing the name of the country Sinhale, that was ceded to the British in 1815 as Ceylon, thereby removing the Sinhala identity of this land that was there from 6thcentury BC.
It was that Constitution imposed on us by the British imperialists that laid the legal foundation for separatist politics in this country. Furthermore it is the same British conspiracy and strategy that continues up to date to subjugate and destroy this nation.
Meanwhile India which got its Independence in 1947 started discussions on Constitution forming in 1930 at the Lahore Convention under Nehru and got an Indian Constitutional expert Ambedkar to prepare its National constitution and established the Indian Republic in 1947. This country became Independent in1948. But Lankan politicians never had the brain to learn from India and adopt a national Constitution that suits this country and declare a Republlic. Wasn’t it a tragedy Sri Lankan politicians, even in spite of a major national reawakening taking place in 1956, had to wait until 1972, to make a Republican Constitution with a national touch. Unfortunately again within 15 years, local remnants of imperial forces backed by the western hawks managed to upset the apple cart in 1978 by amending the 1972 Constitution with an American- French-British hybrid Constitution.
Although the architects of 1987 Constitution said they repealed the 1972 Constitution in fact it was not so as the 1987 included large number of vital sections that was there in the earlier Constitution. Thus it was not a complete replacement of the 1972 Constitution. But it introduced the concept of the Executive Presidential System with full immunity to the President. An elated President JR himself boasted about his Constitution by saying the only thing he can’t do under that constitution is ‘to Make a man a woman and a woman a man’ Unlike the 1972 Constitution this was not made after consulting the people of the country, though we are supposed to be a democratic country. JR got his brother H.W.Jayawardena QC to write it according to his own wishes and political strategies which finally ended up as a national disaster. Within eleven years he made sixteen amendments to it and people on the street used to refer to it as a ’Daily’ rather than a Constitution. This alone I think speaks volumes on its consistency and the flaws as a sound legal document. In fact the 13th Amendment imposed on his government by India in1987 almost made the 1978 Constitution a virtual dead letter, although every government condemned it, Chandrika calling it ‘”A Bahubhuta Vivasthava”.
All subsequent Presidents, including the present incumbent, while promising to abolish the Executive Presidency at the elections, conveniently forgot it after they assumed office, for the obvious reason that no one wanted to part with those monstrous powers which no democratically elected Head of any State anywhere else in the world enjoys, including the President of USA who is supposed to be the most powerful Head of State in the world.
In January 2015 the present incumbent came to power as the common candidate promising to abolish it. But he too did not do it in spite of strong protest by Sobita Thera the chief agitator on this issue. Sobita Thera, people think passed away prematurely with a broken heart as President Sirisena betrayed him immediately after his election. After the August 17 General election the President again made another public statement at the Sobita Theras funeral oration that he will do it. But it is still there. It reminds me of that proverbial hanging bodily part of the goat that never fell. As the people know the face value of what politicians, whom they fondly call ‘magodistumas’ say they are not surprised. All politicians are alike. It was Machiavelli, in his The Prince, who once said ‘a prudent ruler cannot, and must not, honor his word when it places him at a disadvantage and when the reason for which he made his promise no longer exits’. So it is natural all politicians make promises when the need for it is there and they conveniently forget them when the need for that is not there.
Is it not interesting and also a mockery of fate, that JR’s own nephew Ranil as Prime Minister after 27 years has to preside over the last rituals of this much hated Executive Presidency hoping to become the Executive PM in 2020. Instead of just doing that by passing a simple amendment to the Constitution to achieve that political goal, and doing away with undesirable elements like the PR system, that have killed representative democracy in this country, it now appears that he is trying to introduce a new Constitution. From what he has already disclosed I do not think his formula will meet the aspirations of the majority of people. I opine his proposed remedy will be worse than the malady. It he pursues with what he has in mind without listening to good counseling and objections he will go down in history as the number one betrayer of this nation even overtaking people like Don Juwan Dharmapala of Kotte. Anyway I don’t think the Sinhala Buddhist majority of this country will ever allow Ranil to do that classic betrayal
Although much controversy has been generated around the Executive Presidency, in my opinion, its abolition should not be given that high priority. After all ours is a nation that had been ruled by 186 Kings for 2500 years That is why the young Samanera at Gangaramaya Mahanuwara, expressed his feelings on sands lamenting ‘Ane kumbiyane topatath Rajek inne ect when the Kandyan King was taken a prisoner in 1815. In fact I told this to my good friend Sobita Thera as well when he was in Mahanuwara some time back for a meeting of his organization Sadharana samajayak Sandaha before his passing away, But unfortunately he could not understand what I was trying to tell him.
Talking about Executive power, the point is, whether it is exercised by a PM or a President it has to be exercised by somebody in a State. The office or person is not that important so long it is properly exercised. The problem arises only when it is abused and not properly exercised. Such improper exercise could be done both by a President or a PM. To prevent this there has to be clear constitutional provisions and checks and balances. This could be easily done by bringing in the necessary amendments, without much ado and ceremony within a short time without replacing the present Constitution. Therefore why not confine the present amendments to things like reforming the electoral system. Reintroducing the former first-past-the post system where every citizen in this country will have a simple way of sending his representative to parliament without getting entangled in Constitutional tangles is a case in point.
If the PM is really concerned about this country and the wellbeing of its people, rather than collecting ‘never grateful’ minority votes and seeking protection for his hybrid Government from the West and India, he should make a Constitution that is suited to this country and its people who had made it their home for the last 2500 years. It should fit in to their history, traditions, customs, culture, religion and aspirations. In doing so one must take care to behave like a Statesman of this country and certainly not like an agent of the Imperial West and a cheap political byproduct of the post 1815 colonial culture. He also has to remember that he is making a constitution for the people of this country and not those in other countries like USA, UK, Norway or the so-called Diaspora (Tamils who have shunned this country and live in other countries) or India.
First, it should guarantee the political stability, of this country and its people who have made this country their home for 2500 years and that of their posterity who are going to make this land their only motherland..
Second, it should guarantee the legitimate rights of the 75 % Sinhala majority who have built up the civilization with so much sacrifices in defending the motherland against the invaders first from South India from 2nd century BC to the 14th century AD and then against the Western Colonial Imperial hawks starting from 1505 up to 1815.
Thereafter deal with the legitimate rights of the minority communities not exceeding the boundaries of the above framework. Then it must also ensure economic, social and cultural progress of the entire Lankan society without radically disturbing the solid foundation of the Sinhala Buddhist civilization that has thrived for 2500 years. No politician or a political group should either try to compromise or disturb this situation for political gain. None, who work against this socio-cultural dynamics, will have a place in the annals of history of this Island nation.
In this political backdrop I would like to make the following suggestion to the government with the best of intentions both for the government and the country in general.
1 Drop the idea of replacing the existing Constitution forthwith as neither the President nor the Parliament has got a mandate to do so. Let it be done at a future day by a more representative, legitimate and patriotic Government
2 Stop forthwith increasing Ministers and reduce the so-called Cabinet to 30 members as you have promised before the elections,
3 Rectify the blunders done in the past such as appointing defeated candidates to political and other positions, often even violating the Constitution, by this Government just to collect votes to maintain majority in Parliament.
4 Abolish the 13th A and declare all decision taken under it by JR Government such as the Provincial Councils, Making Tamil an Official Language null and void.
5 Ban all communal political parties like TNA, SLMC and TC etc
6 Restore the status of the National Anthem as laid down under Sec 7 of the 1987 Constitution
7 Scrap the ‘Upcountry Estate village and Infra Structure Development Ministry set up for Digambaran since it discriminates against the Kandyan Sinhalese as it is was explicitly set up on an ethnic basis to capture the Estate votes by creating mono-Tamil villages right at the center of this Land of the Sinhala people and immediately restore the Kandyan Peasantry Development Authority that was scrapped in Jan 2014 by the previous Government and open up Sinahala-Tamil mixed villages on marginal Tea estates on land below 5000 ft msl.
8 Scrap the MPP pension scheme and enormous privileges’
9 Introduce Electoral reforms like abolishing the PR system,
10 Abolish the Provincial Councils that will save billions and re-establish the Tun Rata political divisions that had been the solid foundation of political, economic and social stability in this country for a period over 2000 years that will also that will also settle all ethnic problems in the hill country for ever and finally lay the permanent foundation economic, social and cultural progress and harmony in this Island nation. With the consolidation of this socio-political system, concepts such as we Sinhalese, we Tamils and we Muslims will disappear forever and once again it will get converted to a blessed country in the East admired by all countries in the world.
11 Introduce a strict code of conduct for politicians and state officers and
12 Restore Independence of the Judiciary and Public Service to bring back good governance, while retaining good qualities in the present Constitution.
If this Government can do at least these few things Maithree and Ranil will go down in history as heroes who rescued this country from the mess in to which JR had put it. They will also go down on record as men who did, what Mahinda Rajapaksa could not do in spite of defeating the Tigers in 2009 and commanding a massive 2/3rd majority in Parliament.
Finally, I must also state it very clearly here that this Government has not got a legitimate mandate from the people to replace the constitution. Neither the people have asked for a new Constitution. On Jan 8th they have voted for a change of President and the President had promised to change the executive Presidency which not only he has not done so far but has decided to stick on to it until 2020. Only the chief agitator Ven Sobita Thera has passed away without seeing his mission unfulfilled. Reg his powers only the immunity was removed under the 19th A. But judging by what is happening, in practice the monstrous powers of the Presidency remains unchanged. It must also be noted that it is immoral and unethical too for this Parliament to enact a new Constitution since it is illegally constituted as some of its members are defeated candidates rejected by the people at the last general election. It is high time that at least now the President, PM and the top-notch advisors of the government should realize that they want be able to buy over the Sinhala Buddhist majority in the whole country at a referendum the way they have bought over the defeated, selfish and corrupted politicians by offering them different types of political bribes such as Cabinet and other Ministries etc to maintain the majority in Parliament. You may also be able to get the boot licking media agencies including those state controlled media channels to stage massive pro- government propaganda displays to deceive those in the seats of power and to suppress eruptive public opinion. But please remember you want be able to deceive all the people all the time, as the saying goes.
Don’t forget that the majority in this country have no faith in the present Parliament as it is an ill constituted body and they, particularly the Sinhala Buddhists, are thoroughly disgusted over the way things are happening in this country today. It is only a matter of time for the huge volcano to erupt. Remember you are sitting on a huge volcano. No one knows at what moment it will erupt, may be consuming even the whole Parliament in the furry of the Nation, together with the bunch of traitors who betray this 2500 year old unique Sinhala Buddhist civilization by using ill-gotten dictatorial political power.
In the light of this grey and gloomy background with dark clouds hanging over the Sri Lanka skies I suggest all political parties agree to drop this dangerous exercise of replacing the existing Constitution as dictated by external forces, if they really wish to save this country from being converted to a battle ground of world power struggle in the near future.
But finally as a person who don’t trust any politician I plead to all patriotic people of this country, particularly the Sinhala Buddhists patriots to oppose tooth and nail against this unconstitutional and dangerous move by these unpatriotic, self seeking and power hungry politicians who do everything under the sun for their personal gain.
Look at the way how our politicians, with the rare exception very few like C.W.W.Kannangara (Free education), D.S. Senanayaka (Opening up of Dry Zone), S.W.R.D.(1956 National awakening and giving a place to the common man), Sirimavo (Putting Sri Lanka on the world map), Lalith Atgulathmudali (Mahapola) and Mahinda Rajapaksa (Defeating the LTTE) have acted and behaved and what contribution they have made for their motherland. If they have done their duty by the country since 1948 could the country which had the highest per capita income in Asia in 1950 be like this today.
Don’t you think that the fault is ours and not theirs? Because we as a nation have left everything in the hands of politicians far too long, blindly going after them and venerating them without questioning them at all. May be we did not evolve such a political culture. Why don’t we resolve at least now to change this ‘system of government by the politicians, for the politicians and of the politicians’ over to a ‘system of government by the people, for the people and of the people’ so that this power hungry, self-seeking and treacherous ‘magodis’ political culture will come to an end in this blessed Island.