Thursday, December 31, 2020

Did The Sinhala Buddhist Ethnocentrism Select Its Waterloo

 By Harsha Gunasena –

Harsha Gunasena

Sinhala Buddhists in this country guided by the Buddhist way of life, had big hearts over the centuries in ethnic relationships. Although at present the ethnicity, religion and caste are considered as a prerequisite for national leadership, in the history we had kings with different ethnicities with the concurrence of the people in several instances. They were not invaders who grabbed the power by force although we had number of such kings. For example, Nissanka Malla who ruled the country for nine years (1187-1196) in Polonnaruwa era was not of Sri Lankan origin. This practice maintained by us over millennia was closer to that of current democracies.  Examine the status of India in this respect. Practicing Buddhism was mixed with Hinduism from the Polonnaruwa era onwards. Even in today there is no difference. Muslims of Sri Lanka had very good relationship with the Kings and the people about a millennium until 1915 riots. There were instances that the mosques were built in temple land and they were fulfilling their rajakariya at temples including Dalada Maligawa. It was the Sinhala Buddhists and their kings who protected Roman Catholics from Protestants during the Dutch rule in coastal areas.

Ananda College where Gotabaya Rajapaksa (GR) was educated was started as an English Buddhist school emphasizing on the religion and not the ethnicity to counter the maltreatment received by the Buddhists from the State. The movement was against the oppressor and the oppression. There were number of Tamil and Muslim teachers at Ananda. The vision of the forefathers of Ananda and the legendary principal P. De S. Kularatne was not against other religions but against the undue oppression of Buddhism by the State. Kularatne encouraged T.B. Jayah, who was a teacher at Ananda, to take over the leadership of  Zahira College and also sent several teachers from Ananda to Zahira. That was perfectly in line of his vision and the vision of Ananda. Ethnicity came into Ananda College during the time of L. H. Mettananda and by the time GR was educated there it was transformed to a mere Sinhala Buddhist school undermining the spirit of the great struggle spearheaded by Ananda College against the oppression. 

This new trend of ethnocentrism emerged as a result of social conditioning of the Buddhist revival movement started in the late 19th century. The Buddhist revival movement was started to regain the due status of Buddhism in the affairs of state, but in the process, antagonism was created against the other ethnicities and religions among the masses. Persons like Kularatne carefully managed this situation in Ananda College and our national leaders failed to do that. That social conditioning was capitalized by subsequent political leaders to capture power. As a response to this Tamils and Muslims have also undergone a social conditioning against the Sinhalese.

The election campaign of GR was designed aiming at the votes of majority Sinhala Buddhists. It was the ideology of Mahinda Rajapaksa (MR) camp as well in 2015 Presidential Election where they failed. In this instance GR succeeded. He acknowledged that in his inaugural speech as well. However, unlike to the previous Heads of State, GR seems to be ignoring the interests of the minorities altogether. This dirty game of bringing ethnicity and religion to politics was introduced by S.W.R.D. Bandaranaike but he knew what was just and fair and that was why he entered into Bandaranaike-Chelvanayakam pact. He did not have a back borne to defend it. GR seems to be honest compared to his predecessors including his brother and for him it was not just an election rhetoric. What is most probable is that he wants to hold on to the so-called winning formula in the light of deteriorating popularity, but it is fast becoming the loosing formula.

Ethnocentrism, the guiding star of GR presidency started to play havoc. For instance, we can take the issue of the cremation of the dead bodies affected by Covid-19. It was reported that neither the Cabinet nor the Foreign Ministry was aware of the request by Sri Lanka to bury the bodies of Sri Lankan Muslims affected by Covid-19 in Maldives. It was the President who requested that. When I heard about the request, I felt ashamed since he was our President. What a mentality to have that type of request from a foreign country. If we compare our President with the Prime Minister of New Zealand what a gap we see in relation to empathy.


There is enough evidence put forward by the specialist medical professionals of the relevant field supporting the burial. There are WHO guidelines supporting the burial. There are human right guidelines supporting the burial. I do not believe that my body should be buried and not cremated when I am dead but if someone believes that his or her body should be buried, I wholeheartedly support that.  This democratic principle of respecting the views of the others especially who represent views of small groups or of minority ethnic and religious groups is alien in the ethnocentric ideology. It is more dangerous when this ethnocentrism is mixed with militarism. All of them are more concerned of the spread of the virus from dead bodies and blind to the ineffective control of spreading of the virus from live bodies. Hence, they are not really concerned of the spread of virus but want to counter the belief that the dead bodies should not be cremated. If the science says that the bodies affected by the disease should be cremated those should be cremated and if the science says that the bodies affected by the disease should be buried those should be buried irrespective of their beliefs. 

The people of this country should understand that nationalism or patriotism is not ethnocentrism. We all, including Ranil Wickremesinghe, Chandrika Kumaratunga, Mahinda and Gotabaya Rajapaksa are patriots. The only issue is that sometimes self- interest overshadows patriotism. People should have their ethnic identities, but nationalism is much broader. Humanity is the broadest. In the present day certain political leaders look beyond nationalism. GR and his counterpart in India are with ethnocentric ideals.

Narendra Modi is destroying the secular ideals carefully built up by Mahatma Gandhi and trying to uplift the values of Vinayak Savarkar, the forerunner of Hindutva movement. Jinnah’s Pakistan was religionized by subsequent military leaders and they are feeling the consequences now. Similarly, Modi can do it in the short run and the repercussions will be felt by the new generation. He can do it since his party is stronger and the country is stronger.  Donald Trump did a similar thing in US against the liberal ideals evolved over centuries and he had to get his term limited by the people. Sri Lanka cannot do it since the country is weaker.


The economy of the country is in doldrums due to bad financial management and corruption of successive governments and of cause with Covid-19. Fiscal consolidation is the key to stabilization of a country in the situation of Sri Lanka which was initiated by Ranil Wickremesinghe government with much criticism of the private sector which is concerned of their pockets only like all the stakeholders in Sri Lanka. This government has abandoned it. They were so keen to throw it away altogether and, in the run, they have abolished the PAYE as well which was not a tax but a mode of collecting a tax in advance. The private sector did not utter a word. Downgrading by Rating Agencies causing higher interest rate for sovereign borrowings amid the pandemic could have been countered if the country were progressing towards fiscal consolidation.

We would be able to see the fireworks with the introduction of the new constitution minus the provincial councils which will provoke the minorities as well as India which is firmly aligned with USA. The incoming Biden administration will closely work with its allies including the EU and Britain where our export market is. The myopic thinkers of GR camp will push the country towards China, of which the autocratic and unaccountable governing system is the desire of that camp.

Internal as well as the external factors are interconnected, and the policies of the government seems to be driving the country to the bottom of the spiral. The performance of the government and especially the President is disastrous. Most of the time what the government says in defense of its actions are ridiculous. Rapiyel Tennakoon, a leader of Hela Havula of Munidasa Kumaratunga once said that two leaders of Sri Lanka who were excessively dependent of Bhikkus in governance had to sacrifice their lives. One was Sirisangabo and the other was Bandaranaike. Present vociferous political Bhikkus are empty persons (Mogha Purisā) who know neither politics nor Dhamma so that the President does not have to depend on them.  Former President J.R.Jayewardene once refused to negotiate with one of them, the president of the nurses’ union.

At the Presidential Election of 2005 MR had a narrow victory over Ranil Wickremesinghe with a majority of 180,000 votes. Ranil Wickremesinghe who spearheaded the peace talks had the support of the moderate Tamil people. Prabhakaran ordered Tamil people not to vote at the Presidential Election. Hence the victory of MR was secured.  MR did not have initial plans to end the conflict by war, but the circumstances led him to take that route. It was Prabhakaran who blocked the Mavil Aru dam and created the conditions for the war.  MR has given the political leadership to the war and he had a good team to perform that task. Hence Prabhakaran selected his Waterloo.   

The Sinhala Buddhist ethnocentrism was the creator of the conditions of the ethnic conflict and thereby the thirty-year long war. Ethnocentrism of Sri Lanka has come to its peak with the Presidency of GR. Ethnocentric actors in the government are bringing that ideology in to the level that they antagonize the right-thinking locals as well as the international community. As all the previous 2/3rd majority governments thought and acted, they think they can do whatever they want. We can see in future whether the Sinhala Buddhist ethnocentrism has selected its Waterloo by appointing GR as the president and giving him 2/3rd majority in the Parliament. The sad part is that all the citizens of Sri Lanka will have to face the consequences. 

The country needs a course correction at this point. The country was governed by dishonest leaders over a period. Rebellions were launched against them unsuccessfully and the society did not learn lessons out of that. It is going in the same track. After 72 years of independence, we do not have a constitution acceptable to all. Having centralized the power vertically, the new constitution which is going to be introduced would be the most disastrous one with centralization of power horizontally as well. There is a need of restructuring the current systems of governance, judiciary, and public service. Therefore, we should start the preparation of a constitution which would be the forerunner of a people’s movement aimed at changing the direction of the country. This would be an alternative to the short-term objectives of the politicians of grabbing the power next time.

Published in Colombo Telegraph on December 30, 2020

https://www.colombotelegraph.com/index.php/did-the-sinhala-buddhist-ethnocentrism-select-its-waterloo/


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Harsha Gunasena

“Sinhala Buddhists in this country guided by the Buddhist way of life, had big hearts over the centuries in ethnic relationships. “

Do you have to start introduction of your article with another myth or big lie?


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    Native Vedda
    I have given enough evidence to prove that statement. If you are chllanging that statement you have to refute the evidence as well.

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      HG
      What you have provided is not quite evidence of “Sinhala Buddhists in this country [being] guided by the Buddhist way of life”.
      The religion and ethnicity of the ruler has not had much impact on the way of life, as no ruler impose his faith, language or culture on the public. (There was bitter rivalry for royal favour between competing Buddhist chapters, but little mention of rivalry between Buddhism and Hinduism.)
      *
      The way of life here upheld ethical values that were by and large common to South Asia, not just specific to Buddhism.
      Buddhist values have given way to the caste system, to superstition and witchcraft, belief in Hindu Astrology and worship of Hindu deities, and diverse caste-based customs external to Buddhism.
      Yet there was a strong undercurrent of Buddhist values, and that cannot be denied. Whether it was adequately strong to support the claim that the people were “guided by the Buddhist way of life”, for ‘the Buddhist way of life’ is not something constant. (The Buddha himself emphasized “impermanence”.)
      Things called Buddhist, Hindu, Christian and Islamic way of life are woolly as the human being adapts to a changing environment. Individual behaviour is least guided by religious/ethical values when self-interest comes to the fore.

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    Harsha Gunasena . I agree with native Veda.Your conclusion is also disappointing.changes in constitution alone is not going to address the issues of astronomical scale In the country

    perhaps your opening sentence tweekedvas follows is more appropriate as a concluding statement.

    “Sinhala Buddhists in this country need to be guided by the Buddhist way of life, and show big hearts To weed out the racist elements and build a multi racial country that will bring about prosperity .constitutional changes will only follow if this is achieved first

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      SJ and Rajash
      Your problem is Buddhist way of life. You think that it was South Asian. As you said Buddhist values were not constant and they were based on ‘impermanence”. Hence they were tolerant, I suppose. They were the largest ethnic and religious group. As they have not resisted to all the aspects you have mentioned including Hindu astrology, deities etc, they have not resisted to different persons or groups with different ethnicities and religions. In Kandyan era, as Dr. Lorna Dewaraja said it was with the cooperation with the state, the sangha and the people that the Muslims preserved their separate identity.
      Present day Buddhists are different as explained in my article. That change has taken place in resistance to the suppression during colonial era.

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        HG
        Can you define the “Buddhist way of life” and identify salient features that are distinct from what are considered broadly ethical in the South Asian way of life?
        Would you consider the religious and social practices of Buddhists in Sri Lanka to constitute the ‘Buddhist way of life’? I would say that much of it is a Hindu way of life.

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          SJ
          Can you site examples of any other south Asian culture similar to the examples I have given in the first paragraph of my article?

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        Thanks Harsha.
        The Rajapaksa are accelerating the militarisation of the country in parallel to saffronisation , to coin a new word,
        How is your civil society going to stop it. You need to educate the rural masses at grass root level.these people are mesmerised and hypnotised by the Rajapaksa clan who have an iron grip saffron clad monks are despatched to denounce the findings of expert committee on tv.
        The country is going deeper and deeper in to dangerous snake pit

Saturday, November 21, 2020

Preparation of a shadow constitution

 

Based on the decisions President Gotabaya Rajapaksa has taken so far it is felt that he places his belief on constitutional power. Therefore, it is necessary to have an alternative to the constitution making process since it is more likely that the process would be based on his wishes rather than the interests of the country


The Government has appointed a nine-member Expert Committee to prepare the preliminary draft for a new constitution. 

The last regime has done a lot in preparation of a new constitution. Their approach was a democratic one and therefore it took a long time to complete. The two leaders of the previous regime did not have a political will to bring it to an end. 

Initially there was a report of the Public Representations Committee headed by Lal Wijenayake. Thereafter, the Constitutional Assembly appointed members representing all parties in the Parliament to six sub committees covering the areas of Fundamental Rights, Judiciary, Law and Order, Public Finance, Public Service and Centre-Periphery Relations to assist the Steering Committee.

All the reports of the sub committees were published. Based on the Steering Committee deliberations and reports of the sub committees, an expert panel prepared a report to the Steering Committee in the form of a draft constitution and the Steering Committee decided to present the same to the Constitutional Assembly without preparing its own draft. In the appendix of the proposed draft there were alternative proposals by the political parties as well as the certain members of the expert panel.

Neither the Government nor the Expert Committee said that this literature would be perused. Therefore, this process would be an extension of the backward Sri Lankan political culture that there is a new start up once a new government is appointed.

Moreover, in the Government benches in the Parliament there are number of members who actively participated in those six committees. Some of them headed some of those committees. There were Chief Ministers of the Sri Lanka Freedom Party who demanded more powers to the Chief Ministers to have a meaningful devolution of power to the Provincial Councils. Some of them are now in the Government benches. Also, there are members in the Government benches who voted in favour of 17A and 19A which restricted centralised power. All of them en masse voted in favour of 20A which broadened centralised power. The reason was that it was the wish of the President.

Also, the 1972 Constitution which was passed by the then Government with its two-third majority in the Parliament failed to give Tamil the status of an official language although with the prominent contribution of Dr. Colvin R. De Silva. 

The Constitution in 1978  which was passed with its five-sixths majority in Parliament by the then Government granted enormous power to the president compared to other two branches of the democracy although with the contribution of Mark Fernando who became a renowned justice  later. All these happened with the wish of the then leader of the Government.

The arbitrary wish of the leader of the Government was not reflected in 17A and 19A which were spearheaded by the parties without majority power of the Parliament. Quite in contrast the then President was eager to get his powers reduced under 19A

Therefore, the new constitution will be shaped based on the wishes of the President rather than the needs of the country. The basic problem in Sri Lanka is that the power is concentrated in the top in the expense of the bottom and in the centre in the expense of the periphery. If the power can be shifted from top to bottom the problem the south is having with the Constitution would be solved and if the power can be shifted from the centre to the periphery the problem the north and east is having with the Constitution would be solved. The obstacle for this was the demand of a strong leadership arose at the last two elections. It is an obstacle since the problem was grasped at the wrong end. 



A strong democracy

In order to have a strong democracy there should be a strong leader. A strong leader should have a strong vision and a strong convincing power to convince the people and his/her followers. If the leader wants concentrated constitutional power for that, he or she would not be a strong democratic leader. Dictators want such powers. They want only to order and there should be a bunch of people to implement those orders. The strength of a strong leader should come from within and not from outside.

A strong democracy would not need a leader with arbitrary constitutional power. The need is to have leader with strong and broad vision with the ability to convey it to the people.

Nelson Mandela was such a person. Once he became the President, he continued to engage the white people not only in building the economy but also in his personal security with the opposition of African National Congress and the people at large. He was able to convince all of them that he was correct. That was strong leadership. 

President Donald Trump is refusing to concede the election defeat. USA is supposed to be a matured democracy unlike Sri Lanka. None of the Sri Lankan leaders behaved in that manner. With the reports published at that time the only exception was President Rajapaksa in January 2015. Even in that instance matters were sorted out by the dawn of the following day. President Trump’s behaviour is sheer weakness.

President J.R. Jayewardene was unable to contain the July 1983 riots with all the presidential powers, undisputed leadership of the governing party, five-sixths legislative power to that party and with undated resignation letters of those MPs. Hence, he was a weak leader. This is contrary to the popular belief of his leadership. He wanted power to safeguard himself and not the people.

Prime Minister Sirima Bandaranaike was stronger compared to President Jayewardene. Although she did not have such constitutional powers as him, she took appropriate decisions at appropriate times. All of these leaders have their own pluses and minuses.



President Gotabaya Rajapaksa

There is an opinion that President Gotabaya Rajapaksa is a strong leader. The President has more time to prove that. If he is a strong leader all of us should be happy since he is our President. In his own words he is the President not only of the people who voted for him but also of the people who did not vote him including the people of other ethnic and religious groups although he came to power mainly with Sinhala Buddhist votes. 

Based on the decisions he has taken so far it is felt that he places his belief on constitutional power. Therefore, it is necessary to have an alternative to the constitution making process since it is more likely that the process would be based on his wishes rather than the interests of the country.

In parallel to the official process there could be a shadow process of making a constitution independent of the leaders of the country and the bunch of yes men at the Parliament. I believe that this draft should include the provisions of recalling the elected representatives in certain instances as in Switzerland and the state of California in USA. In addition to that, the points the politicians are reluctant to include in the constitution which are related to their existence can also be included. Thereafter, the draft constitution can be presented to the political leaders.  This will last for few years.

There are discussions in society to this effect. One of those was organised by Rights Now – Collective for Democracy using technology. Resource persons were Jayampathy Wickramaratne, Lal Wijenayake and K.W. Janaranjana and the discussion was conducted by Jagath Liyanarachchi. The discussion was started with the issue of how human rights and devolution of power be included in the constitution and by the end of the discussion it was decided to send the proposals to the Expert Committee, publish the same and engage in preparation of a shadow constitution.

If it is materialised it would be the first active public intervention in preparation of a constitution to which all of us can agree.

Published in DailyFT on November 21, 2020

http://www.ft.lk/columns/Preparation-of-a-shadow-constitution/4-709189

Friday, November 20, 2020

ජනතාව විසින් මහජන ව්‍යවස්ථාවක් සම්පාදනය කළ යුතුය

 හර්ෂ ගුණසේන –

හර්ෂ ගුණසේන

පසුගිය අවුරුදු 72 මුළුල්ලේ අපට ආණ්ඩුක්‍රම ව්‍යවස්ථා තුනක් සහ අවසාන ව්‍යවස්ථාවට සංශෝධන විස්සක් තිබුණි. ස්වාධීන රටක් පළමුකොටම කල යුත්තේ රටේ ජිවත්වන සියළු පුරවැසියන්ටම එකඟ විය හැකි ව්‍යවස්ථාවක් සම්පාදනය කර ගැනීමයි. නිදහස් ශ්‍රී ලංකාව විසින් සම්පාදනය කරන ලද ව්‍යවස්ථා දෙක සහ බොහෝ සංශෝධන සමස්ත ජනතාවගේ අභිලාෂයන් නොව එවකට සිටි රාජ්‍ය නායකයන්ගේ අභිලාෂයන් නිරූපනය කරයි.

ආණ්ඩුව විසින් නව ව්‍යවස්ථාවක් සම්පාදනය කිරීම සඳහා විද්වත් කමිටුවක් පත් කර තිබේ.පසුගිය ආණ්ඩුව විසින් නව ආණ්ඩුක්‍රම ව්‍යවස්ථාවක් සකස්  කිරීම සඳහා ඉමහත් වෙහෙසක් දරන ලද අතර ඔවුන්ගේ ප්‍රවේශය ප්‍රජාතන්ත්‍රවාදී විය. එබැවින් ඒ සඳහා සෑහෙන කාලයක්ද ගතවිය. එහි නායකයන්ට මෙය තාර්කික අවසානයක් කරා ගෙන යාමට අවශ්‍ය දේශපාලන අධිෂ්ඨානයක් නොමැති වීම වෙනම කාරණයකි. එකල සකස් කළ වැදගත් ලේඛණ අතර වන ආණ්ඩුක්‍රම ව්‍යවස්ථා ප්‍රතිසංස්කරණය පිළිබඳ මහජන අදහස් විමසීම සඳහා ලාල් විජේනායක මහතාගේ ප්‍රධානත්වයෙන් යුත් කමිටු වාර්තාව ද ආණ්ඩුක්‍රම ව්‍යවස්ථා මණ්ඩලයේ මෙහෙයුම් කමිටුවට අනුබද්ධ සියළුම දේශපාලන පක්ෂ වල සාමාජිකයන් ගෙන් සැදුම් ලත් අනු කමිටු හයක් විසින් ඉදිරිපත් කරන ලද විස්තරාත්මක වාර්තාද ඒවා පදනම් කරගෙන ආණ්ඩුක්‍රම ව්‍යවස්ථා මණ්ඩලයේ මෙහෙයුම් කමිටුවේ ඉල්ලීමක් පරිදි විද්වත් කමිටුවක් මගින් සකස් කරන ලද ආණ්ඩු ක්‍රම ව්‍යවස්ථා කෙටුම්පත ද සලකා බලන බව නව ව්‍යවස්ථාවක් සම්පාදනය කිරීම සඳහා වන විද්වත් කමිටුව ප්‍රකාශ කර නොමැත. ආණ්ඩුවේ බලධාරීන්ද ඒ පිලිබඳ කිසිම සඳහනක් කර නොමැත. එබැවින් මෙම ක්‍රියාවද ශ්‍රී ලංකාවේ බෙහෝ විට සිදුවන අළුත් ආණ්ඩුවක් විසින් සියල්ල නැවත මුල සිට පටන් ගැනීමේ පසුගාමී ප්‍රවේශයේ දිගුවකි.

එමතුද නොවේ. ඉහත සඳහන්  කළ වාර්තා ඉදිරිපත් කිරීමට සහාය වූ මන්ත්‍රී වරුන් ගෙන් සමහරකුද විශේෂයෙන්ම මධ්‍යම- පර්යන්ත සබඳතා  කමිටුව  ඉදිරියේ සාක්ෂි දෙමින් බලතල තව දුරටත් විමධ්‍ය ගත කරන ලෙස ඉල්ලූ එවකට මහ ඇමතිවරුන් ගෙන් සමහරකුද එමෙන්ම මධ්‍යගත බලයට සීමා පැනවූ 17 සහ 19 ව්‍යවස්ථා සංශෝධන වලට පක්ෂවූ මන්ත්‍රීවරුන් ගෙන් සමහරකු ද වර්තමාන පාර්ලිමේන්තුවේ ආණ්ඩු පක්ෂයේ මන්ත්‍රීවරු ලෙස සිටිති. ඔවුන් සියළු දෙනාම බලතල මධ්‍යගත කරන 20 වන සංශෝධනයට පක්ෂව ඡන්දය ප්‍රකාශ කළහ. මක්නිසාද යත් එය ජනාධිපති වරයාගේ අභිමතය වූ බැවිනි.

එමෙන්ම පාර්ලිමේන්තුවේ 2/3 ක බලය සහිතව සම්මතවූ 1972 ව්‍යවස්ථාව මගින් පරිණත දේශපාලනඥයකු වූ කොල්වින් ආර් ද සිල්වා මහතා ගේ ප්‍රමුඛ දායකත්වය තිබියදී පවා දෙමළ භාෂාවට රාජ්‍ය භාෂා තත්ත්වය ප්‍රදානය කිරීමට නොහැකි විය. පසු කලෙක කීර්තිමත් විනිසුරු වරයකු වූ මාක් ප්‍රනාන්දු මහතා ගේ යම් දායකත්වයක්  තිබියදී පවා පාර්ලිමේන්තුවේ 5/6 ක බලය සහිතව සම්මතවූ 1978 ව්‍යවස්ථාව මගින් ජනාධිපති වරයාට අත්තනෝමතික බලතල පවරා තිබුණි. මේ සියල්ල සිදුවූයේ එවකට සිටි රාජ්‍ය නායිකාව ගේ හෝ රාජ්‍ය නායකයා ගේ හෝ අභිමතය පරිදිය. 

පාර්ලිමේන්තුවේ බහුතර බලය නොමැති පක්ෂ මගින් ඉදිරිපත් කළ 17 සහ 19 සංශෝධන මගින් රාජ්‍ය නායිකාව ගේ හෝ රාජ්‍ය නායකයා ගේ හෝ අත්තනෝමතික අභිමතය ප්‍රකාශ නොවුනි. එයට පටහැනිව 19 වන සංශෝධනයේදී රාජ්‍ය නායකයා සිය බලතල අඩුකර ගැනීමට උත්සුක විය.

එබැවින් නව ව්‍යවස්ථාව රටට අවශ්‍ය එකක් නොව 20 වන සංශෝධනය මෙන් ජනාධිපති වරයාට අවශ්‍ය එකක් වනු ඇත. ශ්‍රී ලංකාවේ මුඛ්‍ය ගැටළුව නම් පහළ සිට ඉහළට සහ පර්යන්තයේ සිට මධ්‍යයට බලය සංකේන්ද්‍රණය වීමයි.ඉහළ සිට පහළට බලය විතැන් වීම මගින් කාලයක් තිස්සේ දකුණේ තිබෙන ව්‍යවස්ථාව පිලිබඳ ගැටළුවට විසඳුමක් ලැබෙන අතර මධ්‍යයේ සිට පර්යන්තයට බලය විතැන් වීම මගින් කාලයක් තිස්සේ උතුරේ සහ නැගෙනහිර තිබෙන ව්‍යවස්ථාව පිලිබඳ ගැටළුවට විසඳුමක් ලැබේ.

මෙයට බාධාව පසුගිය මැතිවරණ වලදී මතු වුන ශක්තිමත් නායකත්වයක අවශ්‍යතාවයි. එය බාධාවක් වන්නේ ගැටළුව වැරදි පැත්තෙන් අල්ලා ගත් බැවිනි.

ප්‍රජාතන්ත්‍රවාදී රාජ්‍යයක් බලවත් වීමට ශක්තිමත් නායකයෙක් අවශ්‍යයි. ශක්තිමත් නායකයා ශක්තිමත් දැක්මකින්ද සිය අනුගාමිකයන් සහ ජනතාව වෙත එම දැක්ම ඒත්තු ගැන්වීමේ ලා ශක්තිමත් ප්‍රකාශන බලයකින්ද යුක්ත විය යුතු වෙයි. ඔහුට හෝ ඇයට හෝ සංකේන්ද්‍රණය වූ ව්‍යවස්ථාපිත බලයක් අවශ්‍ය වන්නේ නම් ඔහු හෝ ඇය හෝ ශක්තිමත් නායකයෙක් හෝ නායිකාවක් හෝ නොවේ. සංකේන්ද්‍රණය වූ ව්‍යවස්ථාපිත බලයක්  සහිත නායකයන් අවශ්‍ය වන්නේ ඒකාධිපතිත්වයන්ටය. ඒකාධිපතියකුට අවශ්‍ය වන්නේ අණදීමයි. ඒ අණ පිළිපැදීමට සැදී පැහැදී සිටින අන්තේවාසිකයන් රැළක් ඔහුට අවශ්‍යය. ශක්තිමත් නායකයකු ගේ ශක්තිමත් බව ඇතුළතින් මිස පිටතින් පැමිණිය යුතු නොවේ.

ශක්තිමත් ප්‍රජාතන්ත්‍රවාදී රාජ්‍යයකට අවශ්‍ය  වන්නේ අත්තනෝමතික ව්‍යවස්ථාපිත බලතල සහිත නායකයෙක් නොවේ. අවශ්‍යතාව වන්නේ ශක්තිමත් සහ පුළුල් දැක්මක් ඇති එය සන්නිවේදනය කිරීමේ ශක්‍යතාව ඇති නායකයෙකි.

නෙල්සන් මැන්ඩෙලා එවැන්නෙකි. ඔහු ජනාධිපති වූ පසුව එතෙක් කල් බලය හෙබවූ සුදු අප්‍රිකානා වරුන් රාජ්‍ය පාලනයට මතු නොව සිය පුද්ගලික ආරක්ෂාව සඳහා ජාතික කොන්ග්‍රසයේ සහ පොදු ජනතාවගේ විරුද්ධතාව නොතකා යොදා ගැනීමටද ඔවුන් සියළු දෙනාටම එය අවශ්‍ය දෙයක් බව ඒත්තු ගැන්වීමටද ඔහුට හැකිවිය. ශක්තිමත් නායකත්වය යනු එයයි.

ඇමරිකන් ජනාධිපති ඩොනල්ඩ් ට්‍රම්ප් ජනාධිපතිවරණයෙන් තමා ලැබූ පරාජය පිළිගැනීම ප්‍රතික්ෂේප කරයි. එක්සත් ජනපදය ලංකාව මෙන් නොව වඩාත් පරිණත ප්‍රජාතන්ත්‍රවාදී රාජ්‍යයක් ලෙස පිළිගනු ලැබේ. මෙරට නායකයන් කිසි කෙනකු මෙසේ හැසිරී නැත. මෙයට එකම ව්‍යතිරේකය වන්නේ එවකට ප්‍රසිද්ධ වූ වාර්තා අනුව 2015 ජනාධිපතිවරණයෙන් පසුව ජනාධිපති මහින්ද රාජපක්ෂ ගේ ක්‍රියා කලාපයයි. ඒ අවස්ථාවේදී වුවද පසුදින අළුයම වනවිට සියල්ල සමථයකට පත්වී තිබුණි. ජනාධිපති ට්‍රම්ප්ගේ ක්‍රියාකලාපය තනිකරම දුර්වලත්වයයි.

ජනාධිපති ජේ. ආර්. ජයවර්ධන සියළු ව්‍යවස්ථාපිත බලතල සහිතව එනම් අධිකාරිවාදී ජනාධිපති බලතලද පක්ෂ නායක කමද එම පක්ෂයට තිබූ 5/6 ක ව්‍යවස්ථාදායක බලතලද එම මන්ත්‍රීවරුන්ගේ දින රහිත ඉල්ලා අස්වීම් ලිපිද සහිතව 1983 කළු ජූලිය පාලනය කිරීමට හෝ ඒ සඳහා යම් සාධනීය පියවරක් ගැනීමට හෝ අසමත් විය. ඒ නයින් ඔහු දුර්වල නායකයෙකි. මෙය ඔහු පිළිබඳව කෙරෙන සම්මත කියැවීමට පටහැනිය. ඔහුට බලය අවශ්‍ය වූයේ ජනතාව ආරක්ෂා කිරීමට නොවේ. තමා ආරක්ෂා වීම සඳහාය.

අගමැතිනි  සිරිමා බණ්ඩාරනායක ඔහුට සාපේක්ෂව වඩාත් ශක්තිමත් නායිකාවකි. ජනාධිපති ජයවර්ධනට තරම් ව්‍යවස්ථාපිත බලතල නොමැතිව වුවත් අවශ්‍ය අවස්ථා වලදී අවශ්‍ය තීරණ ඇය ගත්තාය. මේ සියළු දෙනාටම ඔවුන්ට ආවේනික දුබලතා මෙන්ම ප්‍රබලතා ද ඇත.

ජනාධිපති ගෝඨාභය රාජපක්ෂ ශක්තිමත් නායකයකු යයි මතයක් තිබේ. එය ඔප්පු කිරීමට ඔහුට තවමත් කාලය තිබේ. යම් හෙයකින් ඔහු ශක්තිමත් නායකයකු නම් අප සියළු දෙනාම ඒ පිළිබඳව සන්තෝෂ විය යුතුය. මක්නිසාද යත් ඔහු අපේ ජනාධිපති වන බැවිනි. ඔහුගේම වචන වලින් කිවහොත් ඔහු තමන්ට ඡන්දය නොදුන් ජනතාවද සිංහල බෞද්ධ ඡන්ද වලින් පත් වුවත් සිංහල හෝ බෞද්ධ හෝ නොවන ජනතාවද ඇතුළු සමස්ත ශ්‍රී ලාංකිකයන්ගේ ජනාධිපති වන බැවිනි.

මෙතෙක් ඔහුගේ ක්‍රියා කලාපය සලකා බලන කල හැඟී යන්නේ ඔහු ව්‍යවස්ථාපිත බලය මත විශ්වාසය තබන නායකයකු  බවයි.

එබැවින් පවතින ආණ්ඩුක්‍රම ව්‍යවස්ථා සංශෝධන ක්‍රියාවලියට විකල්පයක් අවශ්‍ය වී තිබේ. 

ආණ්ඩුක්‍රම ව්‍යවස්ථා සංශෝධන ක්‍රියාවලිය රටේ නායකයන්ගේද ඔවුන්ගේ අන්තේවාසිකයන් ලෙස ක්‍රියා කරන ඊනියා පාර්ලිමේන්තු මන්ත්‍රීවරුන්ගේද ග්‍රහණයෙන් මුදවා ගෙන ජනතාව අතට ගත යුතුය. මෙම කෙටුම්පතට ස්විට්සර්ලන්තයේ හෝ ඇමෙරිකාවේ කැලිෆෝනියා ප්‍රාන්තයේ හෝ මෙන් තෝරා පත් කර ගන්නා ලද ජනතා නියෝජිතයන් යම් අවස්ථා වලදී ආපසු කැඳවීමේ බලය ජනතාවට ලබා දීමේ ප්‍රතිපාදන ඇතුළත් කල යුතු යයි මම සිතමි. එමෙන්ම දේශපාලනඥයන් විසින් ව්‍යවස්ථාවට ඇතුලත් කිරීම අතපසු කරන ඔවුන්ගේ පැවැත්මට අදාල වන බොහෝ කරුණු ද ව්‍යවස්ථාවට ඇතුළත් කල හැකිවේ. ඉන් පසුව ජනතා සහභාගිත්වයෙන් සකස් කරන ලද කෙටුම්පත දේශපාලන නායකයන්ට ඉදිරිපත් කල හැකිය. මෙය ඉදිරි වසර කිහිපය තුළ අවසන් නොවන කල් පවතින ක්‍රියාවලියක් වනු ඇත.

මේ සම්බන්ධ විවිධ කතිකාවත් සමාජයේ ඇතිවී තිබේ. එයින් එකක් වන්නේ පසුගියදා රයිට්ස් නව් ප්‍රජාතන්ත්‍රවාදය සඳහා සාමූහිකය මගින් සූම් තාක්ෂණය ඔස්සේ කරන ලද සාකච්ඡාවයි. එයට සම්පත් දායකයන් වශයෙන් ජයම්පති වික්‍රමරත්න, ලාල් විජේනායක සහ කේ. ඩබ්. ජනරංජන යන මහත්වරු සහභාගී වූ අතර සාකච්ඡාව මෙහෙයවනු ලැබුවේ ජගත් ලියනාරච්චි මහතා විසිනි. සාකච්ඡාව ආරම්භ වූයේ මානව හිමිකම් සහ බලය බෙදීම යන කරුණු ව්‍යවස්ථාවට ඇතුලත් විය යුතු අන්දම වුවත් සාකච්ඡාව අවසාන වන විට අදාල යෝජනා විද්වත් කමිටුවට ඉදිරිපත් කර ඒවා ප්‍රසිද්ධ කිරීමටත් මහජන අදහස් මත පදනම්ව ඡායා ව්‍යවස්ථාවක් නිර්මාණය කිරීමටත් එය මහජනයා අතර සංවාදයට ලක් කිරීමටත් තීරණය විය. 

එසේ වුවහොත් මෙය අප සියළු දෙනාටම එකඟ විය හැකි ආණ්ඩුක්‍රම ව්‍යවස්ථාවක් සකසා ගැනීමේ ක්‍රියාවලියට සක්‍රියව කෙරෙන ප්‍රථම මහජන මැදහත් වීම වෙයි. 

Published in Colombo Telegraph on November 19,2020

https://www.colombotelegraph.com/index.php/harsha-gunasena-19-november-2020/


People Should Make A Shadow Constitution

 By Harsha Gunasena –

Harsha Gunasena

During the last 72 years we had three constitutions and 20 amendments to the last one. A sovereign nation should prepare a constitution acceptable to all citizens in the outset. The two constitutions made by independent Sri Lanka and most of the amendments were skewed towards the wishes of the persons who were in power.

The government has appointed a nine-member Expert Committee to prepare the preliminary draft for a new constitution. The last regime has done a lot in preparation of a new constitution. Their approach was a democratic one and therefore it took a long time to complete. The two leaders of the previous regime did not have a political will to bring it to an end. Initially there was a report of the Public Representations Committee headed by Mr. Lal Wijenayake. Thereafter, the Constitutional Assembly appointed members representing all parties in the Parliament to six sub committees covering the areas of Fundamental Rights, Judiciary, law and Order, Public Finance, Public Service and Centre-Periphery Relations to assist the Steering Committee.

All the reports of the sub committees were published. Based on the Steering Committee deliberations and reports of the sub committees, an expert panel prepared a report to the Steering Committee in the form of a draft constitution and the Steering Committee decided to present the same to the Constitutional Assembly without preparing its own draft. In the appendix of the proposed draft there were alternative proposals by the political parties as well as the certain members of the expert panel.

Neither the government nor the Expert Committee said that this literature would be perused. Therefore, this process would be an extension of the backward Sri Lankan political culture that there is a new start up once a new government is appointed.

Moreover, in the government benches in the Parliament there are number of members who actively participated in those six committees. Some of them headed some of those committees. There were Chief Ministers of Sri Lanka Freedom Party demanded more powers to the Chief Ministers to have a meaningful devolution of power to the Provincial Councils. Some of them are now in the government benches. Also, there are members in the government benches who voted in favour of 17A and 19A which restricted the centralized power. All of them en masse voted in favor of the 20A which broadened the centralized power. The reason was that it was the wish of the President.


Also, the 1972 constitution which was passed by the then government with its 2/3rd majority in the parliament failed to give Tamil the status of an official language although with the prominent contribution of Dr. Colvin R. De Silva. The constitution in 1978  which was passed with its 5/6th majority in the parliament by the then government granted enormous power to the president compared to other two branches of the Democracy although with the contribution of Mr. Mark Fernando who became a renowned justice later. All these happened with the wish of the then leader of the government.

The arbitrary wish of the leader of the government was not reflected in 17A and 19A which were spearheaded by the parties without majority power of the parliament. Quite in contrast the then President was eager to get his powers reduced under 19A

Therefore, the new constitution will be shaped based on the wishes of the President rather than the needs of the country. The basic problem in Sri Lanka is that the power is concentrated in the top in the expense of the bottom and in the centre in the expense of the periphery. If the power can be shifted from top to bottom the problem the South is having with the constitution would be solved and if the power can be shifted from the centre to the periphery the problem the North and East is having with the constitution would be solved. 

The obstacle for this was the demand of a strong leadership arose at the last two elections. It is an obstacle since the problem was grasped at the wrong end. 

In order to have a strong Democracy there should be a strong leader. A strong leader should have a strong vision and a strong convincing power to convince the people and  his/her followers. If the leader wants concentrated constitutional power for that, he or she would not be a strong democratic leader. Dictators want such powers. They want only to order and there should be a bunch of people to implement those orders. The strength of a strong leader should come from within and not from outside.

A strong Democracy would not need a leader with arbitrary constitutional power. The need is to have leader with strong and broad vision with the ability to convey it to the people.

Nelson Mandela was such a person. Once he became the President, he continued to engage the white people not only in building the economy but also in his personal security with the opposition of African National Congress and the people at large. He was able to convince all of them that he was correct. That was strong leadership. 

President Donald Trump is refusing to concede the election defeat. USA is supposed to be a matured Democracy unlike Sri Lanka. None of the Sri Lankan leaders behaved in that manner.   With the reports published at that time the only exception was President Rajapaksa in January 2015. Even in that instance matters were sorted out by the dawn of the following day. President Trump’s behaviour is sheer weakness.

President JR Jayewardene was unable to contain the July 1983 riots with all the presidential powers, undisputed leadership of the governing party, 5/6th legislative power to that party and with undated resignation letters of those MPs. Hence, he was a weak leader. This is contrary to the popular belief of his leadership. He wanted power to safeguard himself and not the people.

Prime Minister Sirimavo Bandaranaike was stronger compared to President Jayewardene. Although she did not have such constitutional powers as him, she took appropriate decisions at appropriate times. All of these leaders have their own pluses and minuses.

There is an opinion that President Gotabaya Rajapaksa is a strong leader. The President has more time to prove that. If he is a strong leader all of us should be happy since he is our President. In his own words he is the President not only of the people who voted for him but also of the people who did not vote him including the people of other ethnic and religious groups although he came to power mainly with Sinhala Buddhist votes. 

Based on the decisions he has taken so far it is felt that he places his belief on constitutional power.

Therefore, it is necessary to have an alternative to the constitution making process since it is more likely that the process would be based on his wishes rather than the interests of the country.

In parallel to the official process there could be a shadow process of making a constitution independent of the leaders of the country and the bunch of yes men at the Parliament. I believe that this draft should include the provisions of recalling the elected representatives in certain instances as in Switzerland and the state of California in USA. In addition to that, the points the politicians are reluctant to include in the constitution which are related to their existence can also be included. Thereafter, the draft constitution can be presented to the political leaders.  This will last for few years.  

There are discussions in the society to this effect. One of those was organized by Rights Now Collective for Democracy using technology. Resource persons were Messrs Jayampathy Wickramaratne, Lal Wijenayake and KW Janaranjana and the discussion was conducted by Mr. Jagath Liyanarachchi. The discussion was started with the issue of how human rights and devolution of power be included in the constitution and by the end of the discussion it was decided to send the proposals to the Expert Committee, publish the same and engage in preparation of a shadow constitution.

If it is materialized it would be the first active public intervention in preparation of a constitution to which all of us can agree.

Published in Colombo Telegraph on November 19, 2020

https://www.colombotelegraph.com/index.php/people-should-make-a-shadow-constitution/