Minister of Justice, Prison Affairs and Constitutional Reforms Dr. Wijeyadasa Rajapakshe said that the proposed Campaign Finance Bill will make a huge change in the social structure and will give a chance to the scholars to enter Parliament.
The Minister in an interview with the Sunday Observer said that at present a lot of people talk about the eligibility criteria and educational qualifications of the politicians. However, those who are interested in the country and make allegations are not bothered at least to make some changes. Dr. Rajapakshe said if the Campaign Finance Bill is passed in Parliament then there are certain prohibitions that the candidates cannot make use of the Government resources, vehicles, public funds and foreign donations. There will also be a limit that one candidate can spend and after the conclusion of the elections, all candidates must forward an affidavit with a financial statement within three weeks as to how they spent the money and from whom they got the money.
Excerpts of the interview
Q: The Opposition demands to conduct the Local Government (LG) elections without any further delay. Has any final decision been taken to hold the LG elections?
A: In fact, I don’t think the Government can take a decision to hold the LG elections. Under the law that obligation is vested in the Election Commission. That is why we call it an independent commission. So, it is up to them to decide as to how they should go ahead. We can’t give any direction to them to hold or not hold elections.
Q: However, the Opposition alleges that the Government deliberately attempts to postpone the LG election as it is not in a position to win elections, your comments?
A: To my knowledge there is nothing like that. My view is that I don’t mind anybody being elected so long as they are being elected according to the will of the people because voters are Sri Lankan citizens. So, let them elect anybody and we don’t mind. Of course, I have no particular political party. Those who are having parties, they are having their concerns. But either way let the people decide. If they desire, let them re-elect the same members or if they want to chase them out. My view is this time the results will be somewhat unprecedented and the people will reject most of the political parties and candidates.
Q: Some say going for a parliamentary election is the only way out to the current political crisis. Your views?
A: There are two sides. There are reasons that could be justified by both parties. Anyway, finally there are only two options, either the President must solve it after March by exercising his powers or the Parliament must pass a resolution. Those two groups have their rights and they can exercise whatever the way that they want.
Q: You have urged the general public to send more educated scholars to politics amid increasing displeasure over the conduct and policy making of the country’s politicians. Could you explain?
A: Yes. Since my COPE report in 2007, I was advocating for this but the people had no regard. When an election comes they look at the people who can spend more and more for the election campaign and who can distribute money, dry rations, liquor and various things. The people vote for such candidates because they don’t think of the country.
The people are very much concerned about the private help that they can get from provincial and local government politicians. This disaster has happened throughout the country since 1977 as the majority of the people are not concerned about the country and they are concerned only about their perks. While they criticise and condemn politicians, they are the same people who take that decision as well. On the other hand, we can’t blame the people because our political system is so corrupt.
It is a duty of the Parliament as the legislature to correct it. That is why I have proposed to make some amendments to the electoral system. Of course, we through the 21 st Amendment made provisions for independent commissions and made the entire public sector non-political. We are also drafting a couple of bills and one, the Campaign Finance Bill has already been presented to the Parliament. At present those dealers with a lot of ill-gotten money are the people who decide who should govern this country.
Therefore, the people who are educated, genuine and concerned about the country get a very rare chance to come to Parliament. Therefore, we will have to get rid of this system. That is why I presented the Campaign Finance Bill that is being challenged in the Supreme Court at the moment. The politicians are responsible to a greater extent with regard to the expenditure.
Q: Some are under the impression that the Campaign Finance Bill can do a huge change in the social structure and will give a chance to the scholars to enter Parliament. Would you like to comment?
A: At present a lot of people talk about the eligibility criteria and educational qualifications of the politicians. I have presented this Bill to Parliament but nobody speaks a single word. Those who are interested in the country and make allegations are not bothered at least to make some changes. If the Campaign Finance Bill is passed in Parliament then there are certain prohibitions that the candidates cannot make use of the Government resources, vehicles, public funds and foreign donations. There will also be a limit that one candidate can spend. Thirdly, after the conclusion of the elections, all candidates must forward an affidavit with a financial statement within three weeks as to how they spent the money and from whom they got the money. If the Commission found that they have given false declarations, their membership can be cancelled by the courts and there can be penal sanctions as well.
Q: Even those who supported ‘Aragalaya’ expected a system change in the country and now the people say politicians can’t no longer hoodwink the people. Do you also think there should be a change to the existing system and political culture in the country?
A: The problem is ‘Aragalaya’ people just talked about those changes but they are clueless about the changes to be made. They must say what these changes are. When I brought that 21st Amendment, I got the fullest support from the media and the public opinion also played a very vibrant role.
They also supported the 21st Amendment. Now there are more things to do. I have already started with the Anti Corruption law and Campaign Finance Bill. They know that if these are passed, genuine persons will come to Parliament but no voice or demand from them to change those things. It looks like they are just shouting but don’t know where they are heading for or what the changes that they really need are. That is the problem.
Q: You have said that the spread of drugs in the country has been supported by some politicians as well as certain senior Police officers, your views?
A: This is what I was telling during the past 20 years. If there are some longstanding drug dealings, drug dealers and drug underworld, our Police always thrash them within two to three months. However, if there is something going on for a long time, definitely there is support.
Q: Speaking during the Committee Stage debate in Parliament on the expenditure heads of your Ministry, you said that drugs that are taken into custody somehow make it back into the market. Would you like to express your views in this regard?
A: Even some Police Narcotic Division people are also behind the bars. They themselves have done these kinds of things. That is why I amended the law. After the drugs are seized, we will keep only the quantity or samples necessary for the proving of the case. Rest of the drugs has to be destroyed as directed by the relevant judge in the presence of the party.
Q: You had told the media that the Government and the Security Forces have put in place a comprehensive mechanism to prevent the inflow of drugs including ICE to the country. Could you explain?
A: In fact, that’s what they were doing. Now we have strengthened that force. After we made ICE (Methamphetamine) a prohibited substance, they seized over 235 kilograms of ICE.
Q: Sri Lanka has yet to decide on abolishment of the death penalty and recruiting hangmen. Even the local and international rights groups have raised concerns over possible implementation of the death penalty. What is the position in this regard?
A: We have not even discussed it. During the past few years, when I was the Minister from 2015 to 2017, we signed that moratorium with the UN although the law is there that we are not going to implement it. Still we are not convinced whether this crime rate could be reduced by executing. Secondly, we don’t have a hundred percent accuracy all the time that real people have been convicted. The courts are also going on based on the evidence.
The people give evidence based on various things such as sometimes on personal grudges and concocted evidence so that the courts will have to act upon the credible evidence. Still there is a slightest chance that an innocent person can be convicted. Anyway, the implementation of the death penalty was not an interest among us so far. Instead of that I have started reforms.
Q: As reported by the media the Government is planning a new law to make ‘sexual bribery’ a crime while also strengthening provisions against sexual harassment. Would you like to comment?
A: That is already there in the Anti-corruption Bill that I have drafted. Actually, that comes under the corruption interpretation.
Q: What was the outcome of the recent discussion between you and Japanese Ambassador to Sri Lanka Mizukoshi Hideaki?
A: Mainly we talked about the reconciliation process in the country and they expressed their willingness to support our programs.
Q: Has the Government decided to establish a parliamentary select committee to decide on local Government electoral changes including the reduction of the number of members to be elected at the next poll?
A: First I requested to appoint a parliamentary select committee for that but the Parliament has not appointed it so far. Actually, that is not about the local government elections alone.
At the moment, three elections are conducted in three different ways such as Parliamentary, Provincial Council and Local Government. So, I wanted to have some uniformity and some method where the members can be elected that are responsible for their electorates. So far the parliament has not appointed that select committee although I made that request three months ago.
Q: Has any decision been taken to release some prison inmates under a special presidential pardon on Independence Day following the recommendations by the expert committee appointed to look into inmates suffering from diseases, old age and other disabilities?
A: We hope if we can complete the process we may be able to give a presidential pardon to some inmates. Prison regulations were amended in Parliament in November last year. At present there are so many panels appointed and they are scanning the details one by one and then thereafter we refer those details to the medical experts and we will have to make a decision depending on that. Then only we can make the recommendation to the President to pardon them. The Director General of Health Services is the sole authority to appoint this expert committee and we don’t get involved in that process.
Q: Some say taking into account the current economic crisis in the country, there is a need to build a broad coalition of progressive political forces. Do you think there is a need of forming such a broad coalition at this juncture?
A: Actually, there is nothing to build. In any democratic country, the whole Parliament gets together and does their utmost best to rescue the country. We will have to forget about all those alliances and parties and we all must get together and fulfill this responsibility until the next election is held.