With barely 25 days to go for the Election Commission to be empowered to announce the much-anticipated Presidential Election 2024, it appears that time is running out for those harbouring alternate plans, and, therefore, attempt after attempt – some subtle and some blatantly obvious – are being made to stall that process. What is cause for concern is that these attempts appear to be emanating from the highest branches of Government, seemingly intoxicated by the unbridled power thrust in their hands by a people’s movement that had other, very different goals.
As we have consistently stated, Sri Lanka’s presidency in its current form does weird things to those who occupy that office. Sooner or later, they tend to develop a sense of invincibility, that first began with the creator of that office in 1978, who frequently boasted that the only thing he could not do was to turn a man into a woman and vice versa. Subsequently, however, even such profound transformations have proven to be par for the course. While it is said that power corrupts and absolute power corrupts absolutely, what we have witnessed as a nation in the last two years, despite the most extreme adversity, has not been too far from that assertion.
It is unfortunate that those attempting to subvert the democratic process using presidential cover are doing so not only at the risk of seriously and irrevocably compromising the future of this nation, considering its delicate state, but also seem to have forgotten what brought about the current status quo that led to them being installed in office.
While many pundits have attributed all sorts of reasons for Sri Lanka’s predicament, none have dared to address the elephant in the room – metaphorically speaking. That elephant, to most people, happens to be the issue of our so-called leaders, almost always putting their personal interests ahead of those of the nation, once installed in office. One would have assumed Sri Lanka’s bankruptcy to be a compelling enough reason to alter this destructive trend, but if the current goings-on are any indication, it seems things have only gotten worse.
Whatever the denials, there is no disputing the fact that every attempt is being made to drag this nation towards authoritarian rule on the flimsy excuse of economic recovery. The irony is that these attempts are being made by a regime that has forgotten its role – that of an interim government, guiding Sri Lanka to the next election.
To those who care to look beyond what the generic news media offers these days, the emergent signs of an authoritarian regime are unmistakable. For instance, take the much-hyped International Monetary Fund (IMF) programme in Sri Lanka. For nearly two years now since the regime approached the IMF for a bailout, the people have been forced to endure all manner of hardship in the name of reform. In fact, ever since, all manner of taxes have been imposed on ordinary people, ostensibly to boost State coffers, but now, nearly two years down that road and with no debt repayments yet being made, we are told the economy is still in a precarious state and that those holding the levers of power must be allowed to continue.
Meanwhile, despite constant calls by Opposition members to publicise the IMF agreement and subsequent periodic technical assessment reports, and equally consistent assurances by the Government to do so, nothing has been divulged to the public to date. Meanwhile, the general belief is that, almost always, the lack of transparency is symptomatic of emergent authoritarianism.
In effect, except for a handful, no one else appears to have a clue as to what’s going on as far as the real picture is concerned on the economic front, with key agreements and reports safely under wraps for reasons best known to the powers that be. Just last week, the Indian Minister of External Affairs made a now somewhat familiar beeline to Colombo for talks with the President, who is also the Minister of Finance. The meeting between the duo behind closed doors has kept the rest guessing, but, whatever that might be, the outcome is that the country at large is being wilfully kept in the dark, in a backdrop where State assets are being divested to Indian entities virtually on a platter. The notable absence of protests with regard to this state of affairs, given past experience, has only added more fuel to the fire.
To make matters worse, even Parliament, which holds exclusive control of public finance, appears to be in the dark with regard to most matters of finance these days – IMF assessment reports included. Therefore, the lack of transparency, be it with dealings with our neighbour or the IMF itself, is certainly cause for concern given that the official expiry of tenure of the presidency is now just a few months away.
However, what is of greater concern is the manner in which attempts are being made by the highest in the land to cast aspersions on the thus far highly respected Judiciary of this country. As we said initially, the presidency and its powers tend to do funny things to those who occupy that office especially when it comes to the Judiciary. If we were to take just the last three holders of that office, all of them at some point have flexed their muscle in attempting to intimidate and override the apex court for reasons not so unknown.
In 2012, when the then all-powerful Mahinda Rajapaksa found court rulings not to his liking, he and his regime resorted to the unprecedented measure of impeaching the then Chief Justice. That former Chief Justice was subsequently cleared of charges and restored to office by the next elected administration. Then, President Maithripala Sirisena did one better in flexing presidential muscle by dismissing overnight the entire elected Government and proceeding to install the Opposition Leader as Prime Minister until, 52 days later, that PM was thrown out by the Supreme Court.
The next President, Gotabaya Rajapaksa, hardly had time to take a deep breath before being shown the door by the people and it is the current President, who has been designated by Parliament to fulfil the remainder of that term, who appears to be aligning with history. Now at the tailend of his tenure, it seems that he too is not averse to flexing when it comes to taming Hulftsdorp Hill, which continues to stand tall against Executive excess.
Therefore, in attempting to neutralise this thorn in the flesh, the President has gone into dangerous territory that no leader has ever dared to go before. Making an appearance in Parliament last week, he made the unprecedented move of calling for the appointment of a Parliamentary Select Committee to review a Supreme Court decision; in this instance on the Gender Equality Bill, creating history. Further, making use of parliamentary privilege, he accused the apex court of indulging in “judicial cannibalism” – an accusation seen as unbecoming of an individual who thus far has donned the hat of a democrat.
The black-coated gentry, as is to be expected, appear to have seen red following this uncalled-for slur against the highest court in the land. Thus far, no president has ever seen it fit to review a Supreme Court decision, for obvious reasons. Needless to say, it is a dangerous precedent that can potentially lead to untold chaos and mayhem, as the last bastion that stood tall against State capture by the political class now finds itself being the next and last target. Thankfully, however, a fractured civil society and legal community have found common ground in uniting and fighting against this blatant Executive interference in long-accepted judicial procedure.
Analysts have pointed out that the Executive’s actions have other, more sinister motives that essentially concern personal longevity of office. Obviously not too pleased with the Constitutional Council’s rejection of his unprecedented recommendation to extend the tenure of the current Attorney General by six months, it is widely speculated that the Executive’s interest in the Gender Equality Bill is not that noble. In fact, it is speculated that the Executive is attempting to create a precedent where court decisions that are not to his liking can be countered through the contentious and highly risky mechanism of a Parliamentary Select Committee.
It is the nation’s good fortune that civil society and the Bar Association of Sri Lanka, along with the parliamentary Opposition, have risen up against this unprecedented and uncalled-for move. Given these developments that unmistakably point towards authoritarianism and the Executive’s continuing allergy to elections, the collective wish of the nation is for the one remaining bulwark against complete State capture to continue to stand independent.