Mawbima News

By M.K. Eelaventhan –

Eelaventhan Manickavasakar

Maithiri’s considerably publicized vote catching 100 days promised actions commencing from January eight began with a whimsy and has ended with a whimper, considerably to the disappointment of all Sri Lankans. Nevertheless, some actions have been taken and/or initiated and the noteworthy step is the introduction of the 19th amendment. Reviving the independent police judicial and public service commissions and lowering the powers of president without having abolishing it as promised and demanded by some political parties. This bill is likely to reach the statute book. The other notable alterations are:

• The reduction of fear psychosis from government sponsored criminals and ruling politicians
• The fresh air of press freedom in the south although the north is nonetheless a haunting area for the Tamil journalists
• Avoiding diplomatic and state appointments based on political favouritism and nepotism
• Curtailing China’s hold on Sri Lanka whilst forging much more friendly relationships with India and U.S
• So far there are no indicators of any abuse or misuse of energy by Maithiri and also any dictatorial attitude. Maithiri has also not shown any lust or styles to cling onto the position of Executive President
• Maithiri is nonetheless lacking the dominant spirit and move like a President with decisive step

The Maithiri-Ranil brittle and uneasy union is meandering and plodding to fulfill the promises and meet the aspirations of all Sri Lankans. Firstly, the disgusting pampering of the past regime’s corrupt officials, ministers, and such as the self-produced king of corruption, the former president Mahinda Rajapaksa is still continuing. Maithiripala Sirisena promised to close the airports to quit the fleeing of the corrupt like criminals. This promise is dead and no one knows the names of those who fled to stay away from the extended arm of the laws in Sri Lanka.

Secondly, some investigations have been initiated against the members of the Rajapaksa dynasty for their involvements in bribery, tamashas, frolics, misuse and abuse of state machinery, sexual trysts in houses and airlines. The media is exposing the disgusting details of numerous disgraceful episodes, but there is inexplicable slowness and reluctance to bring them to face the crimes and culpability upholding the rule of law, although the arrest of Basil Rajapaksa is a bold step and it is hoped that this will be followed by a lot of a lot more arrests which includes the defiant Mahinda. Ranil Wickremesinghe for his component has blocked the arrest of Gothabaya Rajapaksa, as a result freeing from a lot more grilling investigation. This lawless step of Ranil is just the writing on the wall and a single can be rest assured that the Rajapaksa dynasty could be leniently dealt with although giving a body blow to good governance in Sri Lanka. It appears like Maithiri is haunted by the menacing spectre of Mahinda like a phoenix bird.

There are indicators of this uneasy coalition of two major rival partires of Sri Lanka breaking up as elections close to. Maithiri’s soft method and attitude is a cannon fodder to Ranil who is exploting it to the hilt to strengthen his party while engineering divisions inside the currently fragmented Sri Lanka Freedom Party. Ranil is also playing his usual game of “divide and rule” policy towards TNA. His very first move seems to have succeeded, with his indecent outbursts directed at C. V. Wigneswaran calling him a “Liar and not worth speaking to him”, at the exact same time nursing a friendly relationship with R. Sampanthan. Ranil has certainly forgotten the truth that ‘Wigneswaran’, was elected by the folks to run the Northern Provincial Council, whilst Ranil usurped the position of Prime Minister illegally and unelected with the assistance of a mere 45 UNP members, in violation of parliamentary democracy.

Ranil is also trying to produce a parallel administration in the north aiming to destabilize the northern provincial council’s administration with styles to isolate and weaken the well-liked Wigneswaran.

The most glaring neglect and inaction or no-action of Maithiri includes the sixty years old Tamils’ problems.

Maithiri is ominously silent on this matter and so far no proposals of settlement, not even any expression of determination has been created by Maithiri. Ranil on his pact as usual harps on national unity co-operation, while focusing his efforts to strengthen his party in the north with elections in thoughts. The handing more than of 470 acres of army seized lands out of 6030 acres in the Vadamaratchi is just the tip of the iceberg to paint a picture of reconciliation and hoodwink the globe neighborhood.

The safety forces entrenched in the north are continuing their presence which is now declared permanent by Maithiri’s government. Displaced Tamils continue to reside in camps as refugees and adequate compensatory measures have not however been effected. Maithiri has appointed however one more commission to deal with truth and reconciliation. The earlier LLRC report and some of its constructive and useful recommendations have been laid to rest. There is practically nothing new for the new commission to search, investigate and advise. The truths are there for the whole planet to see and know. They are merely militarization, Sinhalisation, Buddhisisation, genocide, racial discrimination and crimes against Tamil females and kids more soon after the war.

Maithiri and Ranil have also vowed not to accept any international investigation into the roles of Sri Lankan government, state officials, and security forces. The proposed internal investigation will commence and end up with covering of perpetrators who executed the crimes lest Maithiri runs the threat of dethroning by Mahinda who is waiting in the wings to pounce on Maithiri and Ranil at the opportune time. The grim truth is that the difficulties of Tamils as usual will be kept dormant partly aided by a sleepy and inactive TNA as the priorities of Sinhala political parties are solely winning Sinhala votes and capture political power and for this goal Tamils will be exploited in what ever way possible leaving them to pursue their life of misery, sufferings, degradation and final decimation in their classic homelands.

Mahinda has to some extent succeeded in weakening the difficult posture of USA towards Sri Lanka, by relegating China’s dominance in Sri Lanka. For USA and some countries, Tamils are like curry leaves ‘ Use and then discard’.

Maithiri and Ranil business are channeling their energy and efforts to paralyse the impending UN commission’s report and make it sterile. It will not be a surprise some more commissions could be appointed targeting to resolve the grievances of Tamils although their suggestions are consigned to archives.

The current highly charged political atmosphere is testing Maithiri’s power, concentration and abilities to defeat the plots hatched by Mahinda gang who are channeling all their efforts to dethrone Maithiri and Ranil whilst paying scant respect to the rule of law by employing political thugs to avoid and disgrace the administration of justice to the political criminals. Maithiri is warned not to permit the Mahinda clan to recommence their autocratic rule by perverting the democratic program and ideals and turning Sri Lanka into a police state.

As for the Tamils and TNA, no light is observed at the finish of the tunnel and any hope of a dignified political settlement from Maithiri or Mahinda is as good as dead. It is higher time for Sampanthan and company to face the realities and ground situation and appear for new directions, concepts and moves to launch fresh campaign and agitations for a remedy with the help of the international community.

A disunited TNA only worsens the causes of Tamils and it seems that M. A. Sumanthiran is much more worried and concerned about the resurrection of the Tigers than the Sri Lankan government and other international community.

It is better late than in no way for the TNA to act in unison with 1 voice and note living on hopes, promises and tiger fantasies.

The 100 days programme discarded the cancerous ethnic difficulty and therefore treating the TNA and Tamils as irrelevant in their political agenda, and relegating it as a matter of less or no importance.

Whilst Sampanthan is chasing a mirage with hopes of settlement, Tamils feel isolated and desolate with no hopes without having a dynamic and bold leadership at this crucial period.

*M.K. Eelaventhan &#8211 Former Member of Parliament Sri Lanka &amp Member of Transnational Government of Tamil Eelam Representing Canada

By Jehan Perera –

Jehan Perera

With the debate over the 19th Amendment to the constitution getting into its final phase this week, the nation is entering a decisive phase. The passage of this constitutional amendment will set in motion a procedure whereby Sri Lanka will turn into subject to the Rule of Law and not the rule of males as was advocated by the Lessons Learnt and Reconciliation Commission in its report after having consulted a wide swarth of the nation&#8217s intellectuals, decisionmakers and neighborhood leaders. The presidential program in Sri Lanka was flawed at its really inception, as it did not supply for an adequate technique of checks and balances discovered in democratic nations with profitable presidential systems. The 19th Amendment will go a signficant portion of the way to produce situations for much better governance in the country.

The abolishing of the presidential technique has been portion 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 robust leader. But he has shown strength in getting committed to reform the presidency as he promised in the course of the presidential election campaign. Even though most other political leaders will fight for their personal powers, he is being accurate to the Buddhist ethos of his upbringing to transcend that fight in which he prevailed for a greater purpose. The President&#8217s efforts to push by way of a constitutional amendment that will reduce his own power is a uncommon instance of statesmanship, not only in Sri Lanka but worldwide.

There is a fantastic deal of international expectations about progress in Sri Lanka. The pay a visit to 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 nation with a message to other nations that are struggling to come out of their own conflicts. The Sri Lankan model of changing governments, even quite potent and seemingly entrenched ones, through the democratic procedure is one particular that the international community would wish to support in other parts of the globe where adjust of governments are required. The Sri Lankan model of a president from one key party operating a government with a prime minister from a rival key party, and a government that has practically all parties in Parliament represented in it is exclusive.

Progressive Conference 

The new spirit of goodwill and openness to the planet, which President Maithripala Sirisena spoke of in his address to the nation final week on the occasion of the one hundred day anniversary of his government is also present in civil society. This was evident at an international conference on religious tolerance and hamony that took spot at the Buddhist and Pali University final week. The university is meant primarily for the tertiary education of Buddhist monks. As a result it has the possible to have a significant 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. Nonetheless, 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, such as India, Myanmar, Maldives, Norway and the United States. From within Sri Lanka there was participation from numerous universities, most notably Jaffna University which had a contingent of students and lecturers. At the conclusion of the conference, these who had come from outdoors, and been guests of the Buddhist and Pali University were full of praise for the organisers of the conference. The participants from Jaffna have been also moved to defend the organisers who had come in for criticism from outside. There was damaging commentary in a section of the media that the conference organisers had accepted monetary help 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 offered the space and support, they will act in a universal manner as befits the leadership of any religion.

Till last week it seemed that nationalism was on the rise once 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 these who advocate the return of defeated former President Mahinda Rajapaksa to the centre of politics have been also primarily based on the mobilisation of ethnic nationalism. Defeated at the presidential election on the major ground of corruption, they have been seeking to steer the political debate back to raw nationalism. Their nationalism was offered a increase by the resolution of the Northern Provincial Council which accused successive Sri Lankan governments of getting practised genocide against the Tamils from the time of Independence.

Equal Treatment 

Because the final week the government appears to be a lot more confident. Twenty six persons, such as leaders of the pro-Rajapaksa group of parliamentarians who defied a judicial order stopping them from staging a protest in front of the Bribery Commission workplace, have been summoned by the police. They not only defied the judicial order, but also waved the distorted national flags. In a lot of 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 energy and influence of the former government leaders. The public protest has been muted. It seems that individuals accept the Rule of Law, even as they acquiesce in the abuse of power by politicians.

Due to the 3 decades of violence and conflict in the country and the propaganda of the rival nationalist camps numerous Sri Lankan folks at this point of time look to be confused about the way forward. The government has done nothing at all that is anti-national. But the opposition claims it is, even though the Tamil men and women in the North particularly complain that normalcy in their lives, and justice, has yet to come to them. At the identical time there is a deep underlying social and cultural unity in the nation, which was pointed out by one particular 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 individuals are capable of displaying from the heart. This unity tends to make the challenge of healing and reconciliation achievable, rather than impossible. The freedom and space to meet, to dialogue and to get to know each other is crucial to protect.

In his televised adddress to the individuals on the occasion of the 100th day anniversary, President Maithripala Sirisena mentioned that eliminating the culture of worry was 1 of the achievements of this period. It has taken away the worry that shackled the creativity and self-confidence of the people. Nevertheless, in the North of the country, the full enjoyment of the correct to be free of charge 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 previous. There is no need to get permission to conduct events. But the military will come and ask queries and take photographs. This intimidates the individuals as they are fearful as to what use will be produced of this proof in the future. They too look to the president with hope, even as he fights for constitutional reform and power-sharing as no one particular else has, and to generate a new polity in which the deep cultural and social unity in the nation and amongst its distinct communities manifests itself as political unity also.

By Hilmy Ahamed –

Hilmy Ahamed

The racist discards of the Rajapaksa era have opened a new front in their chauvinistic march to generate further ethnic turmoil in our nation by desecrating the National Flag. The protesters against the Sirisena government are now carrying a new National Flag that does not have the Orange and Green stripes that denote the minorities in the country. This was witnessed at the protests held each on Parliament Drive on 21^st April 2015 when Mahinda Rajapaksa was summoned by the Bribery Commission and the illegal protest in help of Gotabaya Rajapaksa on 23^rd April 2015 outdoors the premises of the Bribery Commission. This flag was first seen in some protests against the Muslims and other minorities that were organized by the Bodu Bala Sena (BBS) in the course of the Rajapaksa regime.

The following is the justification for the style of the National Flag as recorded in a quantity of Government internet sites: “The National Flag of Sri Lanka has been made with fantastic care and goal. It not only represents the country and her heritage, but is a rallying device that integrates the minority races with the majority race”.

The lion flag lost its significance right after the British invaded Sri Lanka in 1815. It was the Union Jack, which was hoisted in its spot.

The Flag carried by the protesters

When Sri Lanka gained her independence from Wonderful Britain on February 04, 1948, it was the lion flag, which was hoisted when once again.

The 1st Prime Minister of independent Sri Lanka, D.S. Senanayake, appointed a committee to advice the government on the design of a new national flag. The design approved by the committee in February 1950 retained the symbol of the lion with the sword and the bo-leaves from the civil standard of the final king of Sri Lanka, with the inclusion of two vertical stripes green and orange in color. The orange stripe represents the Sri Lankan Tamils, the green stripe represents Sri Lankan Moors, and the maroon background represents the majority of Sinhalese:

Desecrating the National flag is a severe offence that warrants criminal prosecution. Wikipedia explains the desecration of the national flag as:

“Flag desecration is a term applied to the desecration of flags or flag protocol, a numerous set of acts that intentionally destroy, damage or mutilate a flag in public. Typically, in case of a national flag, such action is intended to make a political point against a nation or its policies. Some countries have laws forbidding techniques of destruction (such as burning in public) or forbidding specific utilizes.”

Udaya Gammanpila, the Western Provincial Councilor and leader of the Pivithuru Hetak National Movement was one particular of the principal organizer of the protest outside the Bribery Commission in support of the former Defense Secretary, Mr. Gotabaya Rajapaksa. He not only defied a court order banning the protest, thereby liable to be charged for contempt of court, but also ought to be held responsible for desecrating the national flag, which is a criminal offence. He may possibly not have carried the flag himself, but he should be held responsible for the goons who carried it as the organizer of the protest. As a lawyer, he need to know much better.

Various persons have already produced police complaints and instant action must be taken by the Police to make sure that this menace is nipped in the bud. Most folks have a tendency to brush off these forms of racism as an insignificant nuisance, but the country witnessed a comparable campaign of blatant racism and hate that was spearheaded by the Bodu Bala Sena (BBS), Sinhala Ravaya and Ravana Balaya with the assistance of a number of other racists groups and folks that grew in to a national crisis. The hate campaign against the Muslims by Buddhist extremists was the trigger of the violence in Aluthgama and Beruwela that destroyed the image of the nation as it did for the duration of the dark days of the 1983 riots against the Tamil minority. The 1983 riot is regarded as 1 of the factors that forced Tamil youth to take up arms to defend their neighborhood. The end of the 30 year armed conflict ought to be credited to the political leadership of the Rajapaksa regime and the military leadership of Field Marshall Sarath Fonseka and other commanders of the defense forces. Yet, the possibilities that have been on provide at the finish of the war for reconciliation was not produced use of by the Rajapaksa government. President Mahinda Rajapaksa could have gone down in history as the person who discovered a permanent remedy for all communities to reside in harmony in Sri Lanka, but his Sinhala chauvinism destroyed that chance.

The Sirisena government has taken some bold steps to stem the racist agenda of Buddhist extremists. The declaration that the national anthem could be sung in the Tamil language shows courage by President Maithripala Sirisena against the forces, which operate for narrow political acquire. The need to have for decisive action against the new nexus of racists that has been formed by the discards of the Rajapaksa era is paramount. The Inspector Basic of Police must order the immediate arrest of any individual or groups that promote racism or hate failure to do so would drive Sri Lanka to the dark days of racism witnessed below Rajapaksa rule.

By Lionel Bopage –

Dr Lionel Bopage

To All Honourable Members of Parliament

Assistance the passage of the proposed 19th Amendment to the Constitution 

As you debate the above Constitutional Amendment in the Parliament under challenging circumstances, we believed that it is crucial to encourage you to see to its effective passage.

One particular of the key political reforms put to the men and women of Sri Lanka at the January 2015 Presidential election was the abolition of the Executive Presidency. The Presidential Election Manifesto and the different promises made in the course of the election campaign led the folks of Sri Lanka elect President Maithripala Sirisena in the belief that an interim national government, with Ranil Wickremesinghe as Prime Minister, will enact constitutional amendments to abolish the Executive Presidency. Nearly all political entities and men and women who supported the ‘Common Opposition Candidate’, with the exception of Pivituru Hetak Jathika Sabhava, had the strongest expectation of totally abolishing the Executive Presidency.

The same manifesto also pledged to: … … abolish the 18th Amendment to the Constitution and replace it with the establishment of independent Commissions in order to safe the impartiality of institutions such as the judiciary, police, elections, auditing and the office of the Lawyer-Common (p.16). These far-reaching constitutional reforms are fundamentally important for ‘good governance’ the individuals of Sri Lanka rightfully deserve.

We recognise that the proposed 19th Amendment to the Constitution will abrogate the 18th Amendment, and allow the establishment of Constitutional Council and other Independent Commissions. The Amendment also upholds suitable procedures for making judicial appointments and recognises the ‘Right of access to information’ held by the government.

In light of the truth that the comprehensive abolition of the executive presidency could only be achieved with the approval at a Referendum, AAGGSL strongly urges all political entities and folks to help the passage of the proposed amendment, irrespective of their political differences. This will at least ensure partial fulfilment of the aspirations of the majority of the citizens, who voted for establishing Very good Governance and enduring peace in Sri Lanka. Issues of electoral reforms – although critical – are secondary for now, and they can be and should be addressed in the spirit of items, responsibly and separately.

The recent Supreme Court decision – that the Parliament with two-thirds majority could (a) take away the Executive powers to appoint judges of the Supreme Court (b) appoint Police Commission, Public Service Commission, Human Rights Commission, Elections Commission and Bribery Commission – gives renewed impetus for the passing of these essential amendments.

We urge that you act in the ideal interest of the country at heart with courage and good will.

Please be advised that the AAGGSL respects the rights and will of all peoples of Sri Lanka, and is committed to supporting the establishment of practicing democracy and rule of law in our motherland. Strengthening democracy and empowering folks often acquire worldwide recognition.

Yours sincerely

Dr Lionel Bopage &#8211 President, Australian Advocacy for Good Governance in Sri Lanka

By Sujata Gamage –

Dr. Sujata Gamage

We ultimately have some legislative language to start off a discussion on electoral reforms. Kudos to the SLFP for carrying out a draft on the 97th day of the 100-day program. What was the government doing all this time is a very good query, but, for the moment let us feel positively and concentrate on enhancing the draft.

Frustrated by the lack of action by the government half-way into hundred day program, a group of us joined by CaFFEsrilanka.org started a campaign to jump-start electoral reforms using an proof-primarily based approach. The first workshop was held at Nagarodaya, Borella. The workshop was based on what-if simulations of benefits of the previous 4 common elections for which variations of the method proposed in the 2007 interim report of the Parliamentary Pick committee (PSC) on electoral reforms had been applied.

The approach proposed by PSC is what we called the MMM-LK approach. In MMM or Mixed Member Majoritarian systems, the parliament is created up two elements &#8211 the initial-past-the post FPP component and the PR element.

To pick the FPP component, slates of candidates are provided by parties for electorates in 1 or a lot more of the 22 electoral districts. The distinction from the ‘PR with Manape’ familiar to us in Sri Lanka is the fact that a candidate is designated for every single electorate. There are no excess candidates except in the nominations for national-list MPs. Whether there must be a district list is not specified however. At the polling station you would get a single ballot with the candidates for your electorate, say, Borella. You mark your preference with a single “X” and drop the ballot in the ballot box and you are done. The candidate who gets the most votes, even by a margin of 1, gets elected for the FPP element. A variation of this process will apply to multi-member electorates.

The PR element is typically primarily based on the benefits of a second ballot exactly where you vote for the party of your selection. The Sri Lankan twist in the PSC technique is that we have only 1 ballot (apparently, Taiwan started with 1 ballot prior to moving onto two). The tally of the votes cast in the FPP contest is also utilized to determine the PR component. The elections Commissioner allocates the PR seats to parties in proportion to the remainder votes or the total votes minus the votes of the FPP winners and these who got less than 5% of the vote in any electoral district. Given that these votes are basically votes received by the runners-up, the bulk of the PR seats go the ideal runners-up, with every celebration retaining some.

During previous handful of weeks we also place forward what we called the MMP-LK or a mixed member proportional technique primarily based on the New Zealand electoral system. In MMP, you essentially commence with a PR parliament and then accommodate FPP winners within it. Overhangs are an inevitable part of the MMP systems. Approaches to correct exist but, as we located out, politicians and officials are not comfortable with the overhang idea, even even though MMP will yield a final composition of the parliament which is essentially the same as what we presently have. According to our evaluation the MMM-LK as well offers a outcome close to the one hundred% proportional result thanks to the remainder vote notion, one more twist supplied in the PSC method, and we feel MM-LK is just as very good an option (though purists amongst us could be appalled).

What is the magic formula?

The original PSC formula was 140+70+25 = 225 for a 62% FPP element in a 225- member parliament. The 32% PR component is comprised of 70 District PR members returned on the basis of reminder votes and an additional 15 returned in proportion to the total votes. Tiny parties were not happy with a ratio 62:38. They felt it should 50:50.

The formula offered in the draft amendment is an expanded one particular, with 165 FPP seats, 65 District-PR seats and 25 National List seats for total quantity of members in parliament at 255 (or 165+65+25=255) and an ‘apparent’ FPP:PR ratio of 64:36.

At very first sight, the improve in size is disturbing, but, I believe it is a is excellent compromise contemplating that the percentage of FPP MPs not considerably higher at 64%, and modest parties, especially, those representing geographically dispersed minorities such as Indian-origin Tamils (IOTS), is to be accommodated through multi-member seats and other tools. This will in impact decrease the ‘effective’ FPP:PR ratio.

Modest parties will not be harmed, if the efficient PR percent is enhanced via multi-member electorates.

In MMM, the relative size of the FPP element determines the nature of the parliament. The greater the FPP %, greater is the FPP nature or majoritarian nature of the parliament. A significant complaint about majoritarian systems compared to the present PR method is the fact that small parties can’t get any seats in FPP contest. For example, the 2010 common election yielded a parliament with 144 seats for UPFA, 60 for UNP, 14 for ITAK and 7 for JVP, with the present 90% PR with 10% bonus strategy. All other parties came by means of on the lists place forward by key parties that they had been allied with. Judging by the vote count at every 160 polling divisions in the previous 4 elections, none of the parties except UPFA, UNP and ITAK, and SLMC marginally, would have won initial-past-the-post if they contested alone. In essence, if the proposed reforms are implemented and the voter behavior does not adjust substantially, only the UPFA, UNP and North and East Primarily based Parties (NEBPs) such as ITAK and SLMC would have a displaying in the FPP element, reducing the possibilities for little parties.

What precisely is a small celebration? Many parties or groups are registered with Elections Commissioner and they contest the elections, but, not all parties execute equally. If we take the benefits of four past common election final results and exclude the governing party or alliance and the principal opposition party or alliance, we discover ten ‘small parties’ and one particular independent group securing seats in the parliament. These parties are broadly of three kinds in terms of their voter base.

Two of the much more visible modest parties are the Janata Vimukthi Peramuna (JVP) and the Jathika Hela Urumaya (JHU) which may well be known as ideological parties. For the duration of the past four elections, JVP secured a maximum of 10 seats and JHU a maximum of 7 seats. Since their voter base is a larger Sinhala-Buddhist constituency, if their ideologies are nonetheless eye-catching, these parties will continue to be represented in Parliament even under the proposed system, although in slightly smaller sized numbers, if past voting patterns persist.

Parties such as the Eelam People&#8217s Democratic Party (EPDP), Illankai Tamil Arasu Kachchi (ITAK), Tamil Eelam Liberation Organization (TELO), Tamil United Liberation Front (TULF) and Sri Lanka Muslim Congress represent geographically defined communities in the North and the East. Even though SLMC also represents geographically dispersed Muslim communities to some extent, in term of its overall performance in the past elections, it has proved itself to be a lot more of an Eastern Province primarily based celebration. These NEBPs collectively account for 20-23 seats out of the 225 seats in parliament or about 10% of the seats, though they acquire a small less than in term of total votes.. This is by virtue of district-wise determination of the number of members returned below the present PR technique. These parties would not be affected unduly by the proposed reforms because they can win a substantial percent of the 20-30 FPP seats in the North and the East (and some of district-PR seats if their candidates drop some seats but do properly as runners-up). NEBPs also would get many national-list seats.

Thirdly, we have parties such as the Ceylon Workers Congress (CWC), Up Nation People’s Front (UCPF) and Democratic Men and women&#8217s Liberation Front (DPLF) representing geographically dispersed minorities such as Indian-origin Tamils (IOT). SLMC also belongs in this category, presumably representing dispersed Muslims. Judging by the votes received when SLMC contested on its own, the party received its highest percent of votes outdoors the Eastern Province in Harispattuva and Udunuwara electorates in the Mahanuwara District. It had a smaller sized presence in Colombo, Beruwela, Puttalam, Horowpotana, Welimada, and Mawanella electorates in six other electoral districts.

We estimate that the parties representing dispersed communities stand to drop the most beneath the proposed Amendment 20 and therefore need to be provided protection in there by way of multi-member electorates.

Multimember electorates require to be defined far more strongly

Take the case of Indian origin Tamils (IOTs) who are now dispersed across the Central Province and beyond. Beneath the PR technique, leaders of IOT and Muslim communities have been in a position to negotiate with key parties to include their representatives in the candidate lists of these parties. They are able to negotiate due to the fact of their capacity to tap into this district-wide voter base and they get a reasonable representation by way of these negotiations. Beneath the mixed member method, which is largely primarily based on FPP contests in smaller sized electorates, the position of dispersed communities is weakened. An unfortunate outcome of proposed reforms, since dispersed communities, segments of the IOT neighborhood in particular, are amongst the most disadvantaged in our society.

The very best answer for dispersed communities is a sufficiently big and appropriately defined number of electorates returning two or a lot more members. These multi-members electorates are critical for other communities such as Sinhalese who live in majority Tamil or Muslim locations as properly. Caste concerns too may possibly nonetheless be relevant in some areas.

Whilst the larger aim of any sort of reform ought to be the integration of ethnic communities into 1 Sri Lankan neighborhood, the path to integration ought to be marked by respect and concern for differences. Unless a enough number of multi-member electorates are created in Mahanuwara, Kegalle, Badulla and other districts, the IOTs, for example, might shed representation. Therefore, I believe that an improve in the number of FPP units and hence the total quantity of seats in parliament to 255 is justified IF the increase is utilized to accommodate those who may get marginalized under the new technique.

The crucial report for IOT and other dispersed communities is the proposed new insertion in to Section 96Aof the constitution exactly where it says “it is acceptable to generate multi member electorates”, but the cause offered as follows:

“In order to avoid the number of members entitled to be returned to represent any electoral district from becoming excessive, it is appropriate to produce multi member electorates which are entitled to return a lot more than a single Member or the motives that led to the creation of a multi member electorate in the past are nevertheless valid and applicable.”

The multi-member situation is presented in the above section more as a solution to a technical dilemma than a human dilemma. An additional example is the clause which apparently is intended to steer clear of excessive creation of multi-member constituencies:

“Delimitation Commission shall have the energy to create a multi member electorate or multi member electorates, as the case may be. The Delimitation Commission nonetheless, shall make certain that the number of multi member electorates created, shall be kept at a minimum level.”

In contrast the language in the now repealed 14th amendment to create zones is virtually poetic. Beneath the Division of Electoral districts into Zone section in the 14^th Amendment, dispersed communities are articulated as follows :

“a substantial concentration of persons united by a community of interest , whether racial, religious or such other like interest but differing in 1 or much more respects from the majority of electors in that electoral district”

Inclusion of such language to define the beneficiaries of multi-member constituencies is a have to in the proposed amendment 20A.

The devil is in the details

There are more specifics that need to have to be expanded or clarified in the draft amendment. For instance, how are the district PRs seats to be awarded? What percent of the 65 district PR would go to the ideal runners-up and what percent would go to the parties? Will there be a district list or will there be extra persons in the National List designated for every single electoral district? I hope to address those issues in the next few articles based on our analysis.