Presidents commitment to give up his powers

is his political strength

By Jehan Perera-April 27, 2015, 12:00 pm

With the debate over the 19th Amendment to the

constitution entering its final phase this week, the country is entering a
decisive phase. The passage of this constitutional amendment will set in
motion a process whereby Sri Lanka will become subject to the Rule of Law
and not the rule of men as was advocated by the Lessons Learnt and
Reconciliation Commission in its report after having consulted a wide swath
of the countrys intellectuals, decision makers and community leaders. The
presidential system in Sri Lanka was flawed at its very inception, as it did
not provide for an adequate system of checks and balances found in
democratic countries with successful presidential systems. The 19th
Amendment will go a significant part of the way to create conditions for
better governance in the country.
The abolishing of the presidential system has been part of the election
manifesto of previous presidents. But it has been President Maithripala
Sirisena who has been most committed to shedding his powers. He has
had to endure barbs that he is not a strong leader. But he has shown
strength in being committed to reform the presidency as he promised
during the presidential election campaign. While most other political
leaders will fight for their own powers, he is being true to the Buddhist
ethos of his upbringing to transcend that fight in which he prevailed for a
higher purpose. The Presidents efforts to push through a constitutional
amendment that will reduce his own power is a rare example of
statesmanship, not only in Sri Lanka but worldwide.
There is a great deal of international expectations about progress in Sri
Lanka. The visit of US Secretary of State John Kerry will be taking place

the following week. Sri Lanka is able to position itself as a post-war

country with a message to other countries that are struggling to come out
of their own conflicts. The Sri Lankan model of changing governments,
even very powerful and seemingly entrenched ones, through the
democratic process is one that the international community would wish to
support in other parts of the world where change of governments are
necessary. The Sri Lankan model of a president from one major party
running a government with a prime minister from a rival major party, and
a government that has almost all parties in Parliament represented in it is
unique.
PROGRESSIVE CONFERENCE
The new spirit of goodwill and openness to the world, which President
Maithripala Sirisena spoke of in his address to the nation last week on the
occasion of the 100 day anniversary of his government is also present in
civil society. This was evident at an international conference on religious
tolerance and harmony that took place at the Buddhist and Pali University
last week. The university is meant primarily for the tertiary education of
Buddhist monks. Therefore it has the potential to have a major impact on
the leadership role of the Buddhist religious clergy. Most often those from
the religious community who have taken to politics do so in a parochial
spirit. However, there is an ethos of universality in the Buddhist teachings
which is too often not manifested by politically motivated sections of the
community. The international conference organised by the Buddhist and
Pali University represented the universal and wholesome approach.
The conference attracted participation from different parts of the world,
including India, Myanmar, Maldives, Norway and the United States. From
within Sri Lanka there was participation from several universities, most
notably Jaffna University which had a contingent of students and lecturers.
At the conclusion of the conference, those who had come from outside,
and been guests of the Buddhist and Pali University were full of praise for
the organisers of the conference. The participants from Jaffna were also
moved to defend the organisers who had come in for criticism from
outside. There was negative commentary in a section of the media that the
conference organisers had accepted financial support from the US embassy
for the conference. There was also criticism that the Buddhist flag was not
put up at the conference venue. The conference showed that when
Buddhist monks are given the space and support, they will act in a
universal manner as befits the leadership of any religion.

Until last week it seemed that nationalism was on the rise again. The
impunity with which the Sinhalese nationalist supporters of the former
government waved distorted national flags, from which the two strips that
represent the Tamil and Muslim communities were removed, was reflective
of the rawness of their nationalism. The rambunctious rallies organised by
those who advocate the return of defeated former President Mahinda
Rajapaksa to the centre of politics were also based on the mobilisation of
ethnic nationalism. Defeated at the presidential election on the main
ground of corruption, they have been seeking to steer the political debate
back to raw nationalism. Their nationalism was given a boost by the
resolution of the Northern Provincial Council which accused successive Sri
Lankan governments of having practised genocide against the Tamils from
the time of Independence.
EQUAL TREATMENT
Since the last week the government seems to be more confident. Twenty
six persons, including leaders of the pro-Rajapaksa group of
parliamentarians who defied a judicial order preventing them from staging
a protest in front of the Bribery Commission office, have been summoned
by the police. They not only defied the judicial order, but also waved the
distorted national flags. In many countries, desecrating the national flag is
regarded as a punishable offence. In addition, the arrest of former minister
Basil Rajapaksa for financial misappropriation of government funds
belonging to his ministry would have come as a shock to those who
believed in the continuing power and influence of the former government
leaders. The public protest has been muted. It appears that people accept
the Rule of Law, even as they acquiesce in the abuse of power by
politicians.
Due to the three decades of violence and conflict in the country and the
propaganda of the rival nationalist camps many Sri Lankan people at this
point of time seem to be confused about the way forward. The government
has done nothing that is anti-national. But the opposition claims it is, even
though the Tamil people in the North especially complain that normalcy in
their lives, and justice, has yet to come to them. At the same time there is
a deep underlying social and cultural unity in the country, which was
pointed out by one of the international participants at the conference
organised by the Buddhist and Pali University. This unity manifests itself
effortlessly when there is goodwill and hospitality, which the Sri Lankan

people are capable of displaying from the heart. This unity makes the
challenge of healing and reconciliation possible, rather than impossible.
The freedom and space to meet, to dialogue and to get to know each other
are important to protect.
In his televised address to the people on the occasion of the 100th day
anniversary, President Maithripala Sirisena said that eliminating the culture
of fear was one of the achievements of this period. It has taken away the
fear that shackled the creativity and confidence of the people. However, in
the North of the country, the full enjoyment of the right to be free from
fear is yet to be realised. According to participants who came to the
conference from Jaffna, the military presence continues to be oppressive.
The military is less directive than it was in the past. There is no need to
get permission to conduct events. But the military will come and ask
questions and take photographs. This intimidates the people as they are
fearful as to what use will be made of this evidence in the future. They too
look to the president with hope, even as he fights for constitutional reform
and power-sharing as no one else has, and to create a new polity in which
the deep cultural and social unity in the country and amongst its different
communities manifests itself as political unity also.
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