The constitutional reform process which was one of the main promises of the Yahapalana movement that brought this Government to power seems to be going nowhere. In fact, it has hit a dead end. On that historical press release, after Maithripala Sirisena crossed over to the opposition, the main promise was abolishing of the executive presidency; a promise that could be kept only by way of deep reaching constitutional amendments, probably a new constitution.
The Constitution making process set in motion by the new Government, was indeed, a bright and promising beginning in terms of the enthusiastic responses that the Public Representation Committee received from all quarters, including the general public.
Many positive suggestions such as, expansion of the present skeletal fundamental rights chapter, secularization of the state, democratization of governance, etc. which came before the Committee was an unprecedented gesture viz a viz the processes witnessed at the enactment of the 1972 and 1978 Constitutions which were hurriedly passed and thrust on the citizenry.
Bad precedents
They were instruments that reflected more on the political desires and interests of the rulers in power rather than genuine attempts to weave a social fabric based on democracy, fundamental rights and good governance.
The first Republican Constitution gave rise to accusations that it was a majority dominated governance while the 2nd Republican Constitution did away with all norms of constitutional democracy by creating a political leviathan, making short work of all democratical institutions that deterred its raw power.
Yet, the participatory input for the proposed reforms under the Yahapalanaya government lost its momentum once it came to the Parliamentary sub committee stage and then the Steering Committee stage. The perception of the reforms from a purely political angle by all the main as well as minority parties has sapped vitality out of the core of the proposed reforms reducing them to a tug of war aimed at political expediency and interests of power.
Political quicksands
The non consensus with regard to electoral reforms reflect this situation beyond the shadow of doubt. An electoral system that the UNP introduced which seemed to be to their interest given the political realities existing in that era seem not to be serving them any more.
The flip side of the coin impacts the approach of the SLFP , thus making consensus nigh impossible. It is the same with the Executive Presidency, with the SLFP which has been the main opponent of it, now backing its existence while the UNP seem to be more amenable to an executive premiership, based on the number game that they could win as opposed to the personality game that would leave them hard done by.
The devolution or affording more power to the periphery too seem to have come to an impasse. The popular nationalist sentiment of the south seem to deter the UNP in particular, from pressing ahead with wider devolution of power to the periphery while the SLFP seem to be tight lipped on the issue fearing opposition from its Sinhala majority roots.
With the former President lurking in the background to ensnare the nationalist and chauvinist bloc of the SLFP, the current President’s decision making seems all the more circumspect.
In that respect neither of the governing parties seem to have the political will or rather the courage to carry on with what was promised.
The secularism vs theocracy debate too is a highly contentious issue with the potential to explode into religious disharmony among the masses, thus deterring the Unity Government in implementing the proposal for total secularism.
The vociferous protests from the Maha Sangha, too seem to deter the Government from acting its mind out. In fact, it has deteriorated to a situation where influential members of the Sangha are rejecting the need for a constitution altogether.
What the Unity Alliance need to remind themselves is that the forces that backed it against all odds in January and August of 2015 were not merely protesting against the Rajapaksas and the clan, but also expressing their desire for constitutional reform.
No voter who voted for them would have been oblivious to the fact that it was reforms that the Rainbow government was promising them in earnest. Come to think of it, if not for an extensive overhauling or a downright new constitution aiming at far reaching changes aimed at democracy, transparency, accountability and good governance, it would be difficult to fathom why the national constituency would want the Rajapaksas out.
After all, there was the stupefying feat of ending a brutal war which many said was unwinnable, huge infrastructure development and modernisation of all areas of social life, and one could not complain against them in that regard.
But the fact that they opted to reject the clan was more than an indication that they were looking for change, far reaching and norm creating , the type of which could be brought about only by substantial overhauling, in the least, of the existing constitutional framework and nothing less.
The past history with regard to progressive constitutional reforms does not send encouraging signals either; the 2010 proposal by the Chandrika Government, which in the opinion of many pundits, was a very agreeable draft for a new constitution met a dead end in Parliament.
Historically, Sinhala chauvinist elements including, the Maha Sangha have nipped in the bud any possibility of progressive constitutional reforms and this time around, too , this seems to be an omen to the Unity Government.
The window that has been opened for the Government to get consensus across the political divide is highlighted by the very supportive attitude of the TNA and the Northern citizen.
I consider it a factor that would be seen as easing the pressure that is being exerted from the chauvinist South and could serve as a poster for the Government in winning over the moderates from the Sinhala majority who are not racist rather than seeing it as a boogey that scares them.
Opportunities lost
We are first hand witnesses of a history of lost opportunities right from independence to date, all arising out of narrow politically motivated mindsets glued to power politics.
We have been left behind by the international community while we were sluggering in a bloody, messy and brutal war leaving all norms of restraint, civility and accountability, sacrificing them en bloc, on the altar of chauvinsm, unchallenged, yet flawed.
We have allowed a supremo led structure of governance leading to paralysis of all kinds of democratic participation and expression of dissent.
The narrowing down of democratic spaces leading towards highly polarized mindsets and hegemonic, and thereby intolerant structures have undermined what is envisaged by a constitutionally governed system in the first place.
The opportunity created by a freak model of governance by two arch rivals joining hands against a common enemy, if not merely personally but conceptually, is indeed unique; yet, it is not going to remain open for long.
It is running out of time like a momentarily opened portal of time travel in a sci-fi movie. With each and every month that passes by the possibility of pulling through core constitutional reforms, let alone, a downright fresh constitution, runs slim.
With the spectre of the next election in 2020 the latest , in the horizon, political currency re evaluates all actions overshadowing principled efforts for democratic and better modes of governance , making it almost impossible to take unpopular decisions, that is more often than not, the prerequisite in reforms aimed at a better future for the whole nation state.
The window of opportunity this quaint alliance offered for reform is not shut yet; but it is closing very fast unless the UNP and the SLFP decide to do something about it.