19th Amendment Sabotaged; Best

Option is to Dissolve Parliament

What this episode shows is the futility of any longer relying on the
present parliament or its dubious members to implement democratic change including
the 19th Amendment based on the peoples mandate of the presidential elections.

by Laksiri Fernando

( April 21, 2015, Sydney, Sri Lanka Guardian) While it was scheduled to debate the
19thAmendment to the Constitution today (21) and tomorrow (22), the objective of the
ugly scenes created by the Rajapaksa scums led by Wimal Weerawansa, Dinesh
Gunawardena, Vasudewa Nanayakkara and Kumara Welgama yesterday was to
sabotage that effort by sleeping on the floor of the Parliament, otherwise considered
the august body of peoples sovereignty, until this morning and continuing their
commotions and disruptions even when the parliamentary sessions commenced this
morning.
They tried to create a mountain out of a molehill.
Although few others eventually extended some sympathy to the so-called fast unto
death in a cynical (or jovial) manner, including some ministers, typical of most of the
politicians today, the initial core group consisted less than 60 disgruntled members of
parliament. They very well knew that they couldnt possibly gather the necessary
numbers to defeat the 19thAmendment although there were few hurdles on the part of
the government to overcome before and during the debate. If they were convinced of
the arguments to defeat the Amendment, the best policy, if the word policy has any
meaning for them, was to lead the debate and show the people in the country the
adverse effects of the Amendment, if there were any. The plain truth was that except
perhaps one or two there were no others to conduct such an informed debate in
Parliament from the Rajapaksa scums.
As the leader of the SLFP, it was clear that the President Sirisena could have ultimately
managed to gather the necessary numbers in Parliament to pass the 19 th Amendment,
although it would not have been completely on rational grounds. The strength of the
President, or any president for that matter, is not rationality, but mere submissiveness
for authority on the part of many MPs, politicians and people at large in the country.
This is the legacy of the pre-modern feudal political past which was in fact
strengthened during the colonial period in a contradictory manner. Merely by
changing the presidential system, this obnoxious political culture cannot completely be
changed, but mitigated to a great extent. The hero worship of Mahinda Rajapaksa is
also a part of this legacy, combined with archaic ethno nationalism.
The protest or the fast unto death by potbellied MPs was merely a molehill. There is a
valid corruption issue against the former president Rajapaksa over his appointment of
Tissa Attanayake as a minister, under the election laws, after the announcement of
presidential elections. It is a blatant corrupt practice. The question of whether the
presidents immunity prevents him from wrong doing in this regard is not a matter for
those MPs to decide. If they had any valid concern about the way the former president

was summoned before the Bribery Commission, it is a matter those MPs could have
raised with the Commission through the Speaker or refer the matter to the present
President or the Prime Minister for some redress. That is how the matter has also been
finally settled.
What this episode shows is the futility of any longer relying on the present parliament
or its dubious members to implement democratic change including the
19th Amendment based on the peoples mandate of the presidential elections.
However, it is completely correct for the President or the Prime Minister or the
government to try their level best to do whatever possible under the circumstances
within the 100 days or the stipulated time frame. In the case of the President, he has
gone even far too much in accommodating some of the most unreliable and even
suspected corrupt elements within the cabinet in trying to achieve these common
objectives.
It is also commendable on the part of the drafters, interested groups and the civil
society organizations to pool their best knowledge and efforts to sort out intricate
drafting problems of the 19th Amendment with patience and tenacity. However, it is
futile any longer to rely on the present Parliament or its dubious MPs to implement the
19th Amendment or any rational electoral reforms.
Although not on the scheduled date of 21st January, the government was in a position
to begin the process of constitutional reforms primarily aiming at reforming or
abolishing the authoritarian executive presidential system. The 19 th Amendment is the
result of this commendable effort whatever the attendant weaknesses.
According to the 100 Days Program, the task of Monday the 20th April or yesterday
was the following.
A Parliamentary system will be put in place instead of the Executive Presidential
system.
After one sabotage after the other, at least the debate on the subject of the
19th Amendment should have been commenced today. Instead, the Rajapaksa scums
started their protest yesterday continuing until today, which has naturally led to the
postponement of Parliament until the 27th of April.
The best option now is to dissolve the existing Parliament which has largely been a
corrupt and a deformed institution as a result of particularly the Rajapaksa
administration. Merely by defeating Mahinda Rajapaksa, as the past president, or
Maithripala Sirisena becoming the new President of the country, or the SLFP, the

situation has not automatically changed.

What is now necessary is a New Parliament.
That might paved the way for a New Constitution with all the noble objectives of
abolishing the executive presidential system and paving the way forward for
democracy, reconciliation, proper economic development and good governance.
The President Sirisena should now fulfil his last promise of his 100 Days Program
which was as follows.
Thursday April 23
Parliament will be dissolved and free and fair elections held under a caretaker
government. Following that election, the Prime Minister will be appointed from the
party getting the highest number of seats at such election, with a Deputy Prime
Minister from the party getting the next highest number.
A National Government of all parties represented in Parliament will be established to
govern for a period of at least two years.
Under that government a National Policy Framework will be formulated to deal with
the principal challenges the country faces, and a political culture will be developed to
act in accordance with that Framework.
Posted by Thavam