On The Rajapaksa Budget

The Budget, in my view, cannot be viewed in isolation from the repeal of the Seventeenth Amendment to the Constitution, the enactment of the Eighteenth Amendment to the Constitution and all the consequences that we have thereafter encountered in regard to the higher judiciary, the Election Commission and its impotency, the Public Service Commission, the National Police Commission, the Judicial Service Commission, the Human Rights Commission of Sri Lanka, the Permanent Commission to Investigate Allegations of Bribery or Corruption becoming virtually lackeys of the Chief Executive, complete lack of trust in the higher judiciary and other crucial officials whose independence and integrity must be beyond reproach and the Chief Executive, who at the time of his election on two occasions was not merely constitutionally debarred from seeking a further term but he is now seeking a third term and also is entitled to seek office even thereafter, despite the public promise and commitment to the country both in 2005 and 2010 that the Executive Presidency would be abolished. The gravity of the totality of this situation is, in my view, a serious challenge to democracy and can be disregarded by the country only at its own grave peril.

Such developments must inevitably lead to authoritarianism and I consider it my duty to state this explicitly on the Floor of this House at the commencement of my speech. What the eventual effect of all these proposals will be remains to be seen. Similar proposals have come up in previous years. Are the people in this country today contented from the point of view of their basic needs? Sir, there seems to be a misconception that development is the be-all and end-all of everything and that if development is taking place, the Government’s performance is creditable.

There can be no question about it, particularly infrastructure development has taken place and is taking place.

Let us look at the allocations to some Ministries in regard to Capital Expenditure. Defence and Urban Development gets Rs. 60 billion; Economic Development gets 75 billion. This, I do think is an important Ministry though I do also think that most functions performed by this Ministry can be performed more expeditiously and efficiently and in keeping with democratic norms if they are entrusted to the provincial level. There seems to be a misconception that development must take place only through this Ministry and that too only through one person. Highways, Ports and Shipping gets Capital Expenditure of Rs. 200 billion; Education gets Rs. 17.1 billion; Higher Education gets Rs. 18.1 billion totalling to Rs. 35.2 billion for Education and Higher education; Defence and Urban Development gets Rs. 60 billion, Rs. 25 billion more than for Education and Higher Education; Highways, Ports and Shipping gets Rs. 200 billion, more than five times, almost six times the amount allocated for Education and Higher Education. Resource allocation for Education has been considered to be inadequate over a long period of time. There is a serious incongruity, a serious lack of appreciation of the importance of education to our younger generation, and a misplaced importance attached to some other activities and Ministries, which also must have been motivated by certain considerations which unfortunately are not transparent. Agriculture has been given Rs. 3.2 billion; Fisheries has been given Rs. 4.5 billion. We are an island surrounded by the sea. A substantial section of our population is dependent on agriculture and fisheries. The Government does not have a planned-out programme to promote the opportunities of our people in the fields of agriculture and fisheries which constitute the bedrock of our rural economy.

The North and the East was devastated and destroyed by a vicious war. From the point of view of infrastructure, due to the efforts of various countries in regard to the North, particularly India and other countries and other organizations, very much has been done but very much more needs to be done. While the Government has pompously participated in the inauguration of projects undertaken and accomplished at the expense of other countries and organizations, the Government’s own contribution has been negligible. After the conclusion of the war my fellow Parliamentarians from the TNA and I visited over 30 villages in the Vanni, met with the people, prepared a report in regard to their needs and we met with the President and several Ministers at a meeting which had been arranged for that purpose. I first told the President that 80 per cent of the houses had been destroyed in the Vanni and that the people should be given houses. The President very frankly told me that the Government had no money to provide houses. I asked that each family be given a bicycle which could help in addressing several needs of the family but not a single bicycle was given to anybody. India came forward to provide 50,000 houses to the people in need.

The biggest problem faced by our people is their inability to get back to their lands, which are yet occupied or have been newly taken over by the armed forces or others. Both in the North and the East, housing and livelihood are the main problems. They need to be addressed early.

Given the destruction and devastation the North-East has gone through over a long period, recognition of that reality and implementation of appropriate programmes, also involving the provincial administration would have greatly helped to bring about national reconciliation. The people in the North-East directly affected by the war, yet need to be put on their feet. They need to stand on their legs. The Government’s insensitivity caused either by the lack of political will or its narrow political agenda is disappointing. Continuing dependence on their present friends can only further alienate the people of the North and the East from the Government.

Sir, one must realize that the North and the East has suffered immense damage. The entire area has been devastated.

But the Government does not seem to be conscious of that. The Government does not seem to realize that the North-East has got to be dealt with on the basis of an area which needs to be reconstructed, rebuilt by virtue of the calamity that has occurred in that area, which should not have occurred, if there was a reasonable resolution to the national question earlier. There would have been no need for a war. Our people are not a violent people, and our people would have been extremely supportive of any peaceful resolution of this conflict, in which event all this devastation and destruction would not have taken place. The Government is largely responsible for that situation of an armed conflict commencing in this country. It is not that I support an armed conflict, but the fact of the matter was that an armed conflict became inevitable in the context of the Government not performing its duty and the Government should therefore realize that there is responsibility on the part of the Government not merely to evolve an acceptable political solution, but also to take steps to ensure that the North-East is rebuilt and reconstructed, and that the people who occupied the North-East are able to live in those area as equal citizens.

During his speech, Sir, His Excellency the President has also referred to political issues. I refer to points 2.6 and 2.7 in his speech. He has talked about the need for a political solution. He has insinuated that the Tamil National Alliance is not cooperating with the Government in regard to a political solution. He has also alleged that the Tamil National Alliance is responsible for the present stalemate regarding a suitable political solution. I do not think, Sir, that these statements of the President are in accordance with the true position. I do not intend to engage in a confrontation, but I do think when the President has made a statement of this nature, the truth needs to be put on record, and that, we need to respond. We are committed to the evolution of a political solution within the framework of a united and undivided Sri Lanka. It is true that there was a demand for the restoration of sovereignty of the Tamil people consequent to the enactment of the 1972 Constitution, which denied them everything and made them second class citizens. The Indo-Sri Lanka Agreement, ever since its inception, the date of Agreement is 29th July 1987 – the first commitment in the agreement is that the unity, sovereignty and territorial integrity of Sri Lanka must be preserved. Ever since then, Sir, the demand for separation has not been pursued. It is the expectation of the vast majority of Tamil people that there will be a political solution that would enable them to live as equal citizens within a united and undivided Sri Lanka. They would much prefer and indeed want to be equal Sri Lankans rather than pursue a separatist goal. It is in this background, Sir, that I propose to analyze what the President has said in the course of his Budget Speech and all that has happened, particularly, after President Rajapaksa’s assumption of office for the first time in 2005.

I propose, Sir, to refer to certain speeches and certain commitments made by President Mahinda Rajapaksa in regard to the contours of a political solution. I would also refer to certain processes that have taken place in this country from the year 2011 which have today reached a deadlock and which have not proceeded, which have not progressed.

“The unity, territorial integrity and sovereignty of our country must be preserved. This cannot be open to bargain. Our approach has been widely endorsed by the international community, notably India and the Co-chairs have clearly stated and have clearly ruled out any form of division of this country. Our objective must be to develop a just settlement within an undivided Sri Lanka. Each party represented here has its own solutions to the national question. We will discuss and synthesize these different approaches and develop our own Sri Lankan model. We must explore past attempts from the Bandaranaike-Chelvanayakam Pact onwards. We must draw appropriate lessons from the experience of other countries. I will not impose a solution on the country. But, you will through your developments, through your deliberations provide a solution to the national question.”

Then, again, Sir, continuing under the heading “Devolution for the People by the People”, this is what President Mahinda Rajapaksa said, I quote:

“People in their own localities must take charge of their destiny and control their politico-economic environment. Central decision- making that allocates disproportionate resources has been an issue for a considerable time. In addition, it is axiomatic that devolution also needs to address issues relating to identity as well as security and socio-economic advancement without over-reliance on the Centre. In this regard, it is also important to address the question of regional minorities.”

Any solution needs to as a matter of urgency, devolve power for the people to take charge of their own destiny. This has been tried out successfully in many parts of the world. There are many examples from around the world that we may study as we evolve a truly Sri Lankan constitutional framework including our neighbour, India.

Then, Sir, continuing further, under the heading “Some Concluding Thoughts”, this is what President Mahinda Rajapaksa said, I quote:

“Any solution must be seen as one that stretches to the maximum possible devolution without sacrificing the sovereignty of the country. Given the ground situation, given the background to the conflict..”

Therefore, Sir, that was the President’s position in regard to the nature of the political solution that he had in mind when he addressed the inaugural Meeting of the APRC and the Multi-Ethnic Experts’ Committee who were appointed by him.

President Mahinda Rajapaksa addressed Parliament on 19th of May, 2009, on the day the war came to end. In the course of his address to Parliament, this is what he said: “Mr. Speaker, it is necessary that we give to these people…” – that means the Tamil People – “…the democratic freedom that is the right of people in all parts of our country”. Similarly, it is necessary that the political solutions they need should be brought closer to them faster than any country or government in the world would bring. He goes on to say, Sir: “Therefore, it is necessary that we find a solution that is our very own, of our own nation. It should be a solution acceptable to all sections of the people”. The President further states: “I believe that the solution that we who respect the value and qualities of Mettha (loving kindness) Karuna (Compassion) Muditha (Rejoicing in others’ joy) and Upeksha (Equanimity) based on the philosophy of Buddhism can present, can bring both relief and an example to the world. Similarly, I seek the support of all political parties for that solution”.

He not merely talked about a political solution, but a political solution that will be guided by the tenets of Buddhism. The people of this country are substantially Buddhists. Therefore, I do not think anyone would be in disagreement with me if I say that Lord Buddha would have certainly wanted a just solution to this conflict in such a manner that all people who live in this country, irrespective of their ethnicity or religion would be able to live with self-respect and dignity fulfilling their legitimate aspirations.

That was the second important Statement made by the President, Sir, when he addressed Parliament on the 19th of May 2009.

Now, I want to refer to the third Statement that the President made which also defined the contours of his thinking in regard to a political solution. That was the Joint Statement, Sir, made by the President after the visit of Mr. Ban Ki-moon, the Secretary-General of the UN to this country on the 23rd of May, 2009. In that Joint Statement signed by both the President and the Secretary-General, Ban Ki-moon, this is what he stated:

“The Joint Statement released by the Government of Sri Lanka and the UN Secretary-General states that President Mahinda Rajapaksa and the Secretary-General agreed that addressing the aspirations and grievances of all communities and working towards a lasting political solution was fundamental to ensuring long-term socio- economic development. The Secretary-General welcomed the assurance of the President of Sri Lanka contained in his Statement made in Parliament on 19th May 2009 that a national solution acceptable to all sections of people will be evolved. President Rajapaksa expressed his firm resolve to proceed with the implementation of the Thirteenth Amendment, as well as to begin a broader dialogue with all parties, including the Tamil parties, in the new circumstances to further enhance this process and bring about lasting peace and development in Sri Lanka”.

Anyway, the situation being, Sir, that the LTTE had been decimated and if there was an impediment from the Tamil side in regard to a political solution, that impediment was no longer there. These were the three fundamental important statements made by the President and without confronting the President in any way, may I say to him with the utmost respect that I am prepared to negotiate with him a political solution within the framework of these three statements that he has made without going in any way beyond these three statements.

I must refer to the fact that bilateral talks took place between the Government of Sri Lanka and the TNA which commenced in January 2011 and went on till January 2012. No talks have taken place thereafter. The Government has also talked about a Parliamentary Select Committee. There has been a Resolution adopted in Parliament in regard to the Parliamentary Select Committee. We have not yet submitted our names to the Parliamentary Select Committee, but we very earnestly took part in the discussions at the bilateral talks.

Sir, I need to make the position clear in regard to what our stand is in respect of the bilateral talks and the Parliamentary Select Committee.

At the conclusion of the General Election in April 2010, the TNA made a public request that the Government should engage with the TNA in respect of two matters. The first was the evolution of a political solution to the national question and the second was the immediate and urgent concerns of the Tamil people in the aftermath of the war. Although the President agreed with the Leader of the TNA in early November 2010 to set up two separate Committees for same and despite names being forwarded for that purpose, only one Committee was appointed on 5th January, 2011 consisting of representatives of the Government and the TNA for a long-term reconciliation.

Bilateral talks between the Government and the TNA commenced on 10th January 2011. The TNA tabled this document at the first meeting itself indicating its position on a political solution which was in line with the President’s own Speech at the Inaugural Meeting of the APRC and the Experts Committee in July 2006. At the second meeting held on 3rd February 2011, TNA submitted an outline of its proposed solution and at the third meeting held on 18th March 2011, at the invitation of the Government Delegation, the TNA placed on the table a comprehensive set of proposals. The Government delegation requested time to respond to the TNA’s proposals and at every meeting thereafter apologized for not being able to respond and asked for further time. This went on for five months, during which time seven meetings were held. Apart from making suggestions with regard to the Senate and strengthening the Local Government bodies, no response was made to the TNA proposals which was mainly on devolution of power to the provinces. In this background, at the meeting held on 4th August 2011, the TNA refused to set a date for the next meeting until the Government fulfills its obligation to respond to the TNA’s proposals. Thereafter, the President invited the TNA Leader for a meeting on the 2nd of September 2011 and the following agreements were reached at that meeting. In view of the inability of the Government to respond to TNA’s proposals it was agreed to bring to the table the previous proposals and the President’s Speech at the Inaugural Meeting of the APRC and the Experts Committee. Bilateral Talks will recommence and continue on the basis of these documents.

Two, once a measure of consensus is reached on substantive issues at the Bilateral Talks, that agreement will be taken before the Parliamentary Select Committee either as a Government proposal or as a Government-TNA agreement, the TNA would join the Parliamentary Select Committee at that point of time.

The five documents referred to are these. Since the Thirteenth Amendment was considered inadequate, Presidents after the enactment of the Thirteenth Amendment had taken various steps to improve on the Thirteenth Amendment. There was the Mangala Moonesinghe Select Committee during the time of President Premadasa, there were three other Constitutional Proposals of 1995, 1997 and 2000 during the time of President Chandrika Bandaranaike Kumaratunga, there was a Speech made by the President at the inaugural meeting of the APRC and the Experts Committee and there was the Majority of Experts Committee Report, a Committee appointed by President Mahinda Rajapaksa himself. These were the documents that we wanted brought into the process in view of the failure on the part of the Government to deliver its response.

Bilateral talks recommenced on 16th September, 2011 and the above agreement was minuted and later confirmed at a subsequent meeting on 20th October, 2011. The TNA also engaged in the constitutional framework including the formulation of the Terms and Reference for the PSC and the Motion for the same appears in the Order Book of Parliament of 4th October 2011. The Committee also identified the substantive issues that needed discussion, prepared a timetable for the same and met on three dates in December 2011 at which devolution of land powers to the provinces were discussed. Thereafter, three dates, 17th, 18th and 19th of January, 2012 were fixed to continue with the dialogue. The Government delegation failed to turn up for talks on 17th, 18th and 19th of January 2012 insisting that the TNA must first nominate its Members to the PSC contrary to the agreements previously reached. With this, the bilateral talks came to an end. That is how the bilateral talks came to an end.

Thereafter another attempt was made by the Leader of the Opposition in May, 2012. After several rounds of discussions with the Government as well as the TNA, an agreed text was prepared as the Agenda for the PSC and placed in Parliament by the Leader of the Opposition on 24th May, 2012. Although the Government was supposed to endorse the said Agenda, the response of the Leader of the House did not address any one of the fundamental issues suggested by the Leader of the Opposition in his Agenda. I make this statement, Sir, because I want to make it perfectly clear that as far as we are concerned, we are committed to evolving a final solution to this question through negotiations.

We are committed to finding a political solution within the framework of a united, undivided Sri Lanka. But, it must be an honourable solution; it must be a reasonable solution; it must be a workable solution; it must be a durable solution. I regret to state that despite our having made our position very clear at the Bilateral Talks and in Parliament and outside, the Government had thus far not responded in any responsible way to what we have proposed. Wehavenever said that we will not partake in the PSC. We have only said that thePSC -Parliamentary Select Committee – must play a purposeful and meaningful role. It must be structured in such a way that it will achieve the desired objectives. We cannot have the PSC merely to delay this process and to prolong this process nor can we have the PSC to enable some parties who will come before the PSC to scuttle the entire process. This we cannot cooperate with and we will not do that. This is our position in regard to the matter and this is why we have not been able to partake in the PSC.

Now, Sir, having said these things, I am also tabling* the Minutes of the Bilateral Meeting on 16th September, 2011 and I would like that to be included at the end of my speech.

There are two paragraphs in the Minute which are important, the statement made by me when we recommended the bilateral talks. The meeting was attended by the Hon. Nimal Siripala de Silva – Chairman, The Hon. (Prof.) G.L. Peiris, the Hon. (Prof.) Rajiva Wijesinha and the Hon. Sajin De Vass Gunawardena on behalf of the Government. There was a delegation led by me on behalf of the TNA. I stated at that meeting:

These are statements made by the Hon. Gentlemen through the press at different times and I quote from those reports that appeared in the media. Furthermore, Sir, the Minister, Hon. Keheliya Rambukwella went on to say this in the course of a statement that he made.

(The Presiding Member)
Hon. Member, you have only two more minutes.

(The Hon. R. Sampanthan)

I am finishing up, Sir, since I started at five past eleven.

He said very clearly – I think I must place that on record – “If the TNA is coming for discussions on land and police powers, it is a waste of time. There is no use in proceeding with talks, if they want to discuss those issues”. That was the position. There are provisions in the Constitution pertaining to land and police powers; there are provisions in the Constitution pertaining to the merger of the Northern and the Eastern Provinces. But, here these Gentlemen are saying that these things must be removed and that cannot be allowed. How can the TNA go to the Parliamentary Select Committee in this situation? This is why we did not go to the Parliamentary Select Committee. In fact, the Cabinet took a decision that they would remove some of these provisions in the Thirteenth Amendment, that they would amend the Thirteenth Amendment. Consequently, I had to get in touch with Delhi and I had a meeting with the Indian Prime Minister on the 18th of June, 2013. At the end of that meeting that I had with the Indian Prime Minister with my delegation, there was a statement made by the Ministry of External Affairs of India and this is what they said in that statement. I quote:

“It was noted that the proposed changes raised doubts about the commitments made by the Sri Lankan Government to India and the international community, including the United Nations, on a political settlement in Sri Lanka that would go beyond the 13th Amendment.