Jaffna District TNA Parliamentarian M.A. Sumanthiran says, the proposed new Constitution must satisfy the aspirations of all communities.
“If we succeed, it will certainly end the biggest political issue that the country has faced, i.e. the Tamil national question,” Sumanthiran said, in an interview with the Sunday Observer. The TNA stalwart said, the new Constitutional Assembly and the work being carried out gives them hope that the ethnic conflict can be resolved through this process.
Excerpts from the interview:
Q: Will the new Constitution entertain reforms on reducing Presidential powers, changing the electoral system and devolving power?
A: The Steering Committee has been discussing electoral reforms and the Executive. We have not taken any firm decision yet with regard to anything, but broadly there is an acceptance of the electoral system and the Mixed Member Proportional (MMP) system which means there are MPs who will be elected from the constituencies and also a certain percentage through the Proportional Representation system.
They are also discussing a second Chamber. With regard to the Executive, there is a broad agreement that the present system of Executive Presidency should not continue. But, with the abolition of the Executive Presidency, what must replace it is a matter on which there is no firm decision yet, while two or three options are being considered.
Q: Will the new Constitution offer a solution to any outstanding political grievances of the Tamils?
A: It is a key issue in this Constitution because the two previous Republican Constitutions we had in 1972 and 1978 were enacted without the consent of the Tamil people. That is the reason for the long drawn out conflict that manifested as a civil war.
The Constitution of a country must be a thing that every citizen can own as his or her own Constitution. The 1972 Constitution didn’t have the consent of the Tamil people or that of the opposition parties. The 1978 Constitution was a UNP Constitution and didn’t have the consent of any other political party, including the Tamil people.
So, they cannot be considered as Constitutions that unify the people. Hence, the present effort to formulate a new Constitution through a Government which consists of both major political parties of the country, and the Tamil and Muslim parties who are also participating in the process.
The outcome of the process must necessarily satisfy the aspirations of all communities in the country, and if it does, certainly it will end the biggest political issue that has faced this country, from the time of independence, i.e. the Tamil national question.
Q: The media had reported that the TNA is dissatisfied with the draft of the new Anti-terror Act slated to replace the existing Prevention of Terrorism Act (PTA). Has the TNA decided to take it up when it comes up before the Oversight Committees of Justice and National Security?
A: Yes. Even before it went to the Cabinet, we expressed our dissatisfaction twice. First, when a report given by the Law Commission was disregarded and a committee was appointed consisting mainly security personnel, we publicly expressed dissatisfaction. Then, when we heard what the report contained, we voiced our dissatisfaction. In fact, I raised it in Parliament on October 4, but no answer was given. Now, the Cabinet has been presented with a report and we find that the Counter Terrorism Act (CTA) is worse than the PTA, which is supposed to be repealed. The PTA has to be repealed because the Government pledged to do so and also for the reason that this Act has been grossly abused as was conceded by the Government, and several provisions in the Act are draconian.
Now, having conceded that steps will be taken to repeal it, the Government cannot enact a new law said to be consistent with international standards and norms, but, which in fact is worse than the PTA. So, we strongly oppose the enactment of the proposed CTA and will raise it at every stage and say it is in violation of the commitment made by the Government of Sri Lanka. When you say international standards and norms, one has to have regard to the local context as well.
The fact that confessions made to a Police officer as admissible evidence in court cannot make it part of the new law. In Sri Lanka, that provision has been disallowed under the ordinary law for a good reason, and even in India it is only under the PTA that it was permitted, and is a provision that has been grossly abused by extracting confessions through torture.
They have been well documented even through Supreme Court decisions, for many years, and no one can deny that.
In this context, if confessions are allowed to be made admissible to Police officers, it will continue with an impunity for torture and the resultant position will be that the innocent will be convicted of crimes and the actual criminals be at large and be a threat to society. So, the Police must train and develop scientific investigation methods, and not resort to torture in extracting confessions.
Q: Don’t you think there should be some legislation to curb terrorism when countries worldwide have laid emphasis on countering global terrorism?
A: Yes, there must be, there is no question about that. That is why the Government first tasked the Law Commission to come up with the proposal.
The Law Commission’s proposal I understand, from the reports, is decent. It has covered all matters that needed to be taken into account, the concern to combat terrorism worldwide and new types of offences as well. But, if the idea is to reenact the PTA by another name, we will certainly oppose it.
Q: There have been many interpretations of the recent protest, “Rise up Tamils” by the Northern Province Chief Minister C.V. Wigneswaran. What is the TNA’s stand on it?
A: The TNA officially said, this is not the time for such a protest. We said so because we are now in the midst of negotiations with all parties in Parliament, in regard to enacting a new Constitution and finding a solution to the protracted issue facing the country.
While engaging in this process, we didn’t want the people to be brought out on to the street to stage a protest which would send a wrong message to the rest of the country. Our fears were confirmed when the South thought that extremism was taking hold of the Northern Province, once again.
Apart from that, the demands put forward at the Eluga Thamil (Rise up Tamils) are all our own demands, which are justifiable demands. It is the manner in which it was being done and the timing that we disputed.
Q: Do you observe any progress now in resolving the ethnic problem in the country?
A: Yes. The new Constitutional Assembly and the work carried out gives us a hope that the ethnic conflict can be resolved.
Q: How do you assess the present political situation in the country after the President’s recent statement?
A : The President’s statement has not been well received by many sections of society. We also don’t agree with the statement which suggests interference by the Executive, eying on what ought to be independent functions of the investigative arms. Unfortunately, the efficient, honest and straightforward Director General of Bribery Commission, Dilrukshi Dias Wickremesinghe has had to resign.
It is very difficult to find a person of such calibre and integrity. We see it as a major setback for a Government that came in assuring the people of the country that combating bribery, corruption , fraud etc will be independent without any political interference.
That assurance is now being interfered with. The President has said subsequently, that he doesn’t mean to interfere but only wants to be kept informed. If these institutions are to be independent, they are only answerable to Parliament and not to the Executive.
Q: What is the role of the Committee on Public Finance?
A: It has an onerous task, grave responsibilities and important functions to perform. Unfortunately, we are still not able to perform these functions, as there is a necessity for the Parliamentary Budget Office to be set up. There is provision for it, and we need to pass a law which has been just prepared. It can be done only after the budget.
I have informed Parliament that we will not be able to undertake that task. Within six weeks from October 20, we have to present a report to Parliament on certain issues.
After the budget speech, we have to report to Parliament, on the assumptions taken in the budget proposals. It requires much analysis, and is difficult without that office to back the Committee. We may request Parliament’s sanction to engage the services of an independent consultancy at least for this year, until the Parliamentary Budget Office is set up.
Q: Could you explain your committee’s procedure to review the Appropriation Bill and the recommendations you are supposed to make?
A: It is a task given to us, with which we are proceeding. There is agreement to formally request permission of the Speaker to engage the services of an independent consultancy. If we are able to do that, we will present a report to Parliament which will be made public, about the provisions made in the Appropriation Bill and the budget proposals.
Our committee will independently advise Parliament and through Parliament the public, as to whether the assumptions are right, and the debate in Parliament will also take place based on that report. The committee will look into the Appropriation Bill and study the policy aspects. Parliament is free to debate its policy aspects.
The committee will examine various assumptions made with regard to overall debt, the budget deficit and revenue proposals, and whether they are achievable.