Totalitarianism Vs. People’s Power

by Wimalanath Weerarathne

Fortunately for the people of Sri Lanka, for the majority of whom did not want to see a reversal of the great people’s revolution triggered on January 8, the Paada Yathra – the protest walk of the former President Mahinda Rajapaksa-led Joint Opposition was not of major significance. The main reason was that Mahinda’s Paada Yathra did not target the screaming problems faced by the public and because the United National Front for Good Governance (UNFGG) was not overripe – not yet.

The tenure of President Maithripala Sirisena was barely into his second year. Parliament is yet to complete one year. There’s neither no substance nor any argument to send this government home. However it is true to some extent that there are some concerns and criticisms against the present administration. The goal of the Joint Opposition is not mainly to defeat this government and set up JO-led government. They know it is next to impossible given the age of the UNFGG being merely 12 months. Its main goal is to mislead the public and compel the dovish sections of the governemnt to convince the hawkish sections of the UNFGG to go for a compromise with the Mahinda Rajapaksa-led Joint Opposition. The main target in this approach is to stop the arrests and scuttle investigations in the large-scale corruption and frauds committed in the heyday of the Rajapaksa regime. The objective is to purely buy time to scuttle the work plans of Maithri-Ranil duo and make the government unpopular to make way for the JO to set up government one day.

Ending his fiery speech ex-President Mahinda Rajapaksa stated that the fate which befell all dictators and autocrats in the world would befall upon the Maithri-Ranil duo. So is Maithri and Ranil really dictators in the true sense of the word? If the UNFGG was really totalitarian it would not have allowed the Paada Yathra to take place or even let room for opponents to open their mouths. This is exactly what happened during the Rajapaksa regime.

Who is totalitarian – UNFGG or Rajapaksa?

In the light of Rajapaksa making such a ludicrous assertion, it is pertinent to recall as to who was the real dictator that resented dissent.

Disappearance of Prageeth Eknaligoda – The wife and children of disappeared journalist Prageeth Eknaligoda didn’t get even a chance of seeing the body of their loved one. It is believed that Prageeth, who was a vociferous critic of the Rajapaksa regime, was abducted and murdered reportedly for compiling ‘The Family Tree’ – a book on Rajapaksa and his family members involved in politics and holding high posts in the government. He had also produced a 40-minute documentary portraying the then presidential candidate General Sarath Fonseka on ‘Secrets of winning the war’. Sandya Eknaligoda alleged that the suspected military intelligence unit members had been receiving ‘right royal’ treatment in prison.

Weliweriya killings – The Mahinda Rajapaksa government’s decision to unleash the armed forces on unarmed civilians demanding for their basic right of drinking water was met with much indignation not only across the country but  even overseas. Ravishan Perera, a student of St. Peter’s College, Gampaha, 17-year-old Akila Dinesh, a student at Chandrajothy Maha Vidyalaya in Yakkala, and 20-year-old Nilantha Pushpakumara from Udahenthenna, Gampola were shot dead and scores were injured whilst engaged in a protest rally at Weliweriya on August 01, 2013, which was held to plead to the government for safe drinking water.

Katunayake FTZ shootout – Have the Rajapaksa’s forgotten Roshen Chanaka, who would have been close to Yoshitha’s age had he been allowed to live. In the prime of his youth – Roshen Chanaka was shot dead by police during a protest by FTZ workers in Katunayake against the Rajapaksa’s totalitarian move to introduce a pension scheme for the private sector employees in May 2011. Regardless of the power wielded by the Rajapaksa regime, it could not implement the pension fund, and finally the workers’ movement dealt a decisive blow in the defeat of Rajapaksa on January 8.

Chilaw shootings – Have the Rajapaksa supporters conveniently forgotten the image of 9-year-old Nipuni hugging the identity card of her dead father – 38-year old Warnakulasooriya Anthony Fernando, killed during the melee between Police and the fishermen when the former allegedly indiscriminately opened fire at the protestors? It may be because Yoshitha’s mother did not have to go as a housemaid to Middle East to earn money to repay a loan taken to purchase a fishing boat.

Nadaraja Raviraj MP assassination – Did not the Rajapaksas ever think that Pravina Raviraj – daughter of slain Jaffna district MP Nadaraja Raviraj – had to wait nine long years along with her brother and mother hoping for justice, long overdue?

Trincomalee quintuple youth murder  – However, the public had not forgotten the rivers of tears shed by the parents of five budding youth – Thangathurai Sivanantha (Engineering student of the University of Moratuwa), Logithasan Rohanth, Shanmugarajah Sajeenthiran, Manoharan Rajeehar and Yogarajah Hemachandran of Trincomalee killed in cold blood in 2006. According to former DIG and JHU member H. M. G. B. Kotakadeniya, the STF team in question was sent to Trincomalee just before Christmas 2005, with the approval of Defence Secretary Gotabhaya Rajapaksa.

Murder of Subramaniyam Sugirdharajan – Shortly after the murders, journalist Subramaniyam Sugirdharajan was shot dead after publishing photos showing the bodies of the five students with point-blank gunshot injuries, disproving government claims that they were killed by a grenade explosion, according to Tamil Guardian.

Torture and murder of Wasim Thajudeen – Both Mahinda and Yoshitha Rajapaksa have to be reminded that relatives of former Sri Lanka Rugby Captain Wasim Thajudeen bade farewell to a closed casket.

Capt. Tissa – driver of former President Mahinda Rajapaksa is yet to be arrested in connection with the murder. Although Rajapaksas said that Thajudeen had died of burn injuries after the car in which he was travelling met with an accident and went into flames at Park Road, Narahenpita in close proximity to Shalika Grounds on May 17, 2012, later it became questionable as to how his wallet was found a few kilometers away from the scene of the accident and Thajudeen’s mobile phone traced from the Nuwara Eliya area, a long distance away from where the victim’s car met with the accident.

Imprisonment of Sarath Fonseka – Can the former President wipe his slate clean by saying that it was none other than his chief opponent at the 2010 Presidential Election and arch enemy Field Marshall Sarath Fonseka who killed Wickrematunge and go scot free?

Impeachment of Chief Justice Dr. Shirani Bandaranayake – On January 11, 2013 Rajapaksa who commanded two-thirds majority of Parliament moved to impeach former Chief Justice Dr. Shirani Bandaranayake by a comfortable majority, and Government supporters took to the streets, lighting firecrackers to celebrate the victory. However, the move came after rulings from the Supreme Court and the Court of Appeal, which stated that the entire impeachment process was unconstitutional. In the days following the decision by Parliament, tensions rose as Bar Association of Sri Lanka (BASL) took a unanimous decision not to recognize the President-appointed former Attorney General and legal adviser to the Cabinet – Mohan Peiris, as the new Chief Justice in light of the Supreme Court ruling.

Lasantha Wickrematunge murder

Has he forgotten the cries of three innocent children – Avinash, Ahimsa and Aadesh along with their mother Raine. It was nothing but divine justice that led to the fall of one of the most tyrannical regimes, exactly on the sixth death anniversary of their loving father and Founder Editor-in-Chief of The Sunday Leader – Lasantha Wickrematunge?

According to the International Federation of Journalists (IFJ), Wickrematunge was a vocal critic of former president Mahinda Rajapaksa’s government and at the time of his murder, he was involved in a legal fight with Rajapaksa’s brother, the then Defence Secretary Gotabhaya Rajapaksa.

In his final editorial, published after his assassination, Wickrematunge wrote: “When finally I am killed, it will be the government that kills me.” He also wrote that he hoped his murder would not be interpreted as a “defeat of press freedom but as an inspiration”. In the years since the end of Sri Lanka’s long-running civil war more than 80 journalists have fled the country.

18th Amendment: Proof of totalitarianism in itself

In the run up to the enactment of the infamous 18th Amendment to the Second Republican Constitution in the height of Rajapaksa’s regime in 2010, the manner in which Rajapaksa enforced the Amendment itself, ipso facto, proved whether Mahinda Rajapaksa was a dictator or not.   The Sunday Leader reported then that even at the Supreme Court hearing the intervening petitioners were only given copies of the proposed changes after the government started making its submissions.  On 30th August 2010, the President and Cabinet of Ministers introduced an Urgent Bill to make changes to the Constitution and the next day (August 31), the Urgent Bill was referred to the Supreme Court.

Draconian changes

1. Removal of the two term limit: There will no longer be a limit on the number of times an individual can be elected to the office of the President.

2. Repeal of the 17th Amendment: the Constitutional Council will be replaced with a new Parliamentary Council. The President will seek the ‘observations’ of the Parliamentary Council in making appointments to key government posts.  However where the Parliamentary Council fails to communicate its observations to the President within the specified time, the President can proceed to make appointments solely at his discretion.

3. Restricting the role of the Election Commission: The Election Commission will no longer have the power to issue directions to prevent political parties from using state resources to advance their campaigns during elections.  Further the private media will be under a duty to comply with guidelines issued by the Election Commission.

4. Proceedings before Court- The reference by the President was heard by a special Supreme Court bench comprising of Justices Bandaranayake, Sripavan, Ratnayake, Imam and Suresh Chandra.  The Attorney General advanced arguments on behalf of the Government, and explained the proposed changes to the Court.  A summary of his arguments is as follows:

•             Changes enhance the franchise. Removal of the two term limit is in fact an enhancement of the franchise of the people.  It will introduce a ‘galaxy of choices’ in terms of presidential candidates. ‘The people’s choice will be unfettered.’

•    Improve accountability: Mandatory attendance at Parliament by President will bring the President more in to the process of the Parliament, and thus make him more accountable to the people.

• From the outset it was clear that 17th Amendment could not work.  In its original 17th Amendment judgment, the Supreme Court “prophesized” that the 17th Amendment would not work.  The 17th Amendment is a ‘directory’ and not a mandatory provision of the Constitution.  Therefore the current proposal to repeal it, would not affect the sovereignty of the people.  (That is the 17th Amendment does not affect ‘sovereignty’ which consists of fundamental rights, franchise and powers of government.)

• The Constitutional Council was inherently flawed. It was impossible to reach a consensus on who should be appointed to the Council.  Further, the Constitutional Council consisted of members outside Parliament; therefore, it was impractical for the members to reach a consensus.  The new Parliamentary Council would consist only of members within the Parliament.  Therefore, it is bound to work better than the Constitutional Council.

Paada Yathra

It is pertinent to note that the Paada Yathra was not a pluralistic but rather was engulfed by racism and extremism. It did not represent a cross-section of the general public. Furthermore the slogans of the walk contained not ones that reflected the political aspirations of the public but obscene and lewd remarks about the Ranil – Maithri duo. The climax of the walk and the true objective was bared when protestors hooted in front of the Sri Lanka Freedom Party (SLFP) head office at Darley Road.

Was the Govt shaken?

Despite certain persons stating that the UNFGG was visibly shaken, the government did not take the walk for two hoots. The government did not even bother obtaining any enjoining order against the Paada Yathra. If done so that would have attracted more unwanted attention towards the walk.

However the government segments shouldn’t have  tried to scuttle Joint Opposition’s moves to obtain the Hyde Park. Had they allowed Malinda Rajapaksa and his lackeys to converge at Hyde Park even such unwanted attention could have been avoided.

Although there are hordes of advisors and consultants within the government, there was no prudent advisor and consultant who could advise the Ranil – Maithri duo against such unwise moves. It proves that these advisors and consultants are merely to condone and act as mere henchmen to Ranil or Maithri.

Maithri’s interview

Last week a weekend newspaper carried an interview of President Maithripala Sirisena. The first and foremost question posed to him was even after 18 months following the defeat of Rajapaksa why do you still cling on to anti-Rajapaksism as your main slogan.

Second pertained to the Paada Yathra of the former President Mahinda Rajapaksa-led Joint Opposition and moves to scuttle it.

The next was whether the postponement of local government elections was due to the perceived lack of support for the government at grass-root level and about the constitution ‘deathtrap’.  Various other questions whether children of Sirisena would be subject to a treatment similar to that accorded to Yoshitha and Namal. It is quite evident that the interviewer posing the questions was from the other side of the divide i.e. joint opposition.  In fact slogans such as ‘constitution deathtrap’ are those unique to JO stalwarts such as Wimal Weerawansa.

Undoubtedly anyone who comes into power becomes a prisoner within the system. This is even the fate of Yahapalanaya government, President Maithripala Sirisena or Prime Minister Ranil Wickremesinghe.