• BASL’s 13 proposals remain valid as a way out of the crisis
• There are provisions in Constitution for President to resign
• PM must show consensus and build political stability 
• All political parties like to have a solution, but ideas do not converge
• There is broad consensus on need to repeal 20th Amendment
• Police was remiss in doing its duty, we urge an independent inquiry
• Public criticism against AG’s Department needs to be looked at

By Asiri Fernando Sri Lanka is urgently in need of a unity government based on consensus, led by a prime minister who has the acceptance of the public in order to move quickly to address the political and economic crisis the island is facing, Bar Association of Sri Lanka (BASL) President Saliya Pieris, PC told The Sunday Morning. Pieris highlighted the need for the political leadership to form a unity government that acts with transparency and purpose to restore confidence among the public and international community during these uncertain times where disaffection and suffering is felt in every community.  The BASL has played a commendable role in upholding the constitutional rights of Sri Lankan citizens and making recommendations on how best to navigate Sri Lanka from the political stalemate to address greater concerns on economic sustainability and recovery. The BASL has held broad consultations with a wide cross-section of policymakers, civil society, and professionals to build confidence and consensus on a range of proposals, which it felt would enable Sri Lanka to navigate out of the conundrum we face.  In an interview with The Sunday Morning, Pieris said that the tragic and avoidable incidents of 9 May – where a politically-motivated mob assaulted peaceful and unarmed protestors at the ‘MainaGoGama’ site on Galle Road and at the ‘GotaGoGama’ site at Galle Face Green, which triggered a range of violence leading to nine reported deaths, over 200 persons injured, and scores of property and vehicles being torched – had changed public and political stakeholder opinions on the consensus and hardened points of view. The senseless violence of 9 May might have well robbed Sri Lankans of a rare opportunity to forge a common political direction, albeit in the short term for the betterment of national interest. However, the BASL President, a defender and advocate of the rights of the citizenry, remains hopeful that many of the recommendations the BASL has made, such as abolishing the Executive Presidency and repealing the controversial 20th Amendment to the Constitution, will remain valid as Sri Lanka desperately tries to find political stability – a prerequisite for the long road to economic recovery. Following are excerpts of the interview: What is the BASL’s view on the appointment of Ranil Wickremesinghe to the post of Prime Minister by the President? The appointment of a prime minister and cabinet of ministers are important steps to restore economic and political stability in Sri Lanka. As such, it is necessary that such appointments are made in a manner which will establish public confidence. It has been our position that the prime minister should be one who is able to create consensus among all parties in Parliament.  The Executive Committee of the BASL is of the view that Wickremesinghe should at the earliest possible stage demonstrate his ability to establish such a consensus among the political parties in Parliament and endeavour to build a representative ‘Government of National Unity’ to implement a Common Minimum Programme (CMP) in the interests of the people. It is also imperative that the Government establishes a clear timeline to introduce critical constitutional amendments proposed by the BASL, including the introduction of the 21st Amendment to the Constitution and the abolition of the Executive Presidency. How long can the Sri Lankan State function without a cabinet? The Constitution envisages that when the prime minister resigns, the cabinet of ministers dissolves. Once the cabinet of ministers is dissolved, the secretaries of the ministries also cease to function. It was reported last night (11) that the secretaries to three ministries had been appointed. There are different schools of thought on this. One is that you need to have a prime minister before the President can appoint secretaries to ministries. What role does the Speaker of the House have to play in facilitating the formulation of a government as soon as possible? It is the President who has to move to appoint a prime minister. The Constitution envisages that a member of the Parliament who in the President’s view has the confidence of the majority of Parliament should be appointed the prime minister. That is the constitutional provision.   However, given the situation on the ground, the BASL has stated that we need to look for a prime minister who commands the consensus among members of Parliament and of all political parties. This is because what Sri Lanka is going through is a unique situation and it is not really the majority in the Parliament that matters, but acceptance by the public.    Given the continued calls from protestors for the President to step down, do you think such a move at this state would be productive to further Sri Lanka’s interest? The BASL has clearly sent out that the abolition of the Executive Presidency must be done according to a stipulated time. Sooner than later, the Executive Presidency must be abolished.  Having said that, there are provisions in the Constitution for the President to resign. But that is a decision the President has to take, considering the ground realities. The Ministry of Defence issued a notice stating that the military would shoot those who damage public/private property or loot. What is the legality of this order? I explained about the schools of thought on the ministry secretaries once the prime minister resigns. Also, as far as I am aware, orders are given to the armed forces by the Commander-in-Chief, who is the President. Following such orders, the commanders of the armed forces can give relevant orders to their subordinates. The BASL following broad consultations held discussions with the President, the former PM, the Opposition, and other key stakeholders on a range of proposals to move forward from the political deadlock earlier this month. What are the key proposals the BASL made and do these proposals remain valid today (12)? That is an excellent question. At the time, we (the BASL) met the political leaders one day before 9 May. We met all of them at their request. Unfortunately, the ground has shifted since 9 May.  I believe that many of our proposals remain valid – for example, of the 13 proposals made, one, the reintroduction of the 19th Amendment to the Constitution with changes; second, the establishment of a government of national unity, with a prime minister who is a consensus candidate. We have called for the (new) government to have a common minimum programme. The BASL has also called for an advisory council and we have suggested abolishing the Executive Presidency. So all of those suggestions remain valid. Unfortunately, the public opinion on the ground has shifted and positions may have hardened as results of the events of 9 and 10 May. Positions may have hardened on all sides.  Because it is not only the attack that happened on the protestors at Galle Face, but also the violence, the burning of property, and looting that happened after may have hardened the positions and views of many stakeholders.  However, I believe that the BASL proposals remain valid as a way out of the crisis.    Do you think there is political will to sincerely address the political and economic crisis, following the discussions on the BASL proposals? What we did was to explain our proposals. We prevailed on all the parties, including the President, the former Prime Minister, the Opposition Leader, and the leader of the ‘independent’ faction, the gravity of the situation and the need of the politicians, all of them, to forge a consensus.   There is no doubt that all political parties would like to have a solution to this. We see that there is a gap in what they proposed. Their ideas do not converge. What we suggested was that all these parties should sit around a table and discuss to arrive at a consensus. Do you think there is a broad consensus among political parties on the need to repeal the 20th Amendment and abolish the Executive Presidency? I think there is a broad consensus on the need to repeal the 20th Amendment. On the abolition of the Executive Presidency, I think there are different views. Many parties have indicated agreement, but Udaya Gammanpila and Gevindu Kumaratunga have expressed reservations. In your opinion, what constitutional changes other than abolishing the Executive Presidency and repealing of the 20th Amendment should an interim government carry out? I don’t think an interim government can do more than those two. I don’t think that it will be practical for a government of national unity established for a short period to implement further constitutional changes. I think the abolition of the Executive Presidency and the reinstatement of the 19th Amendment are the key constitutional changes that should be dealt with. What is the BASL’s stance on representing persons who were instigators or agitators who led the mob that attacked peaceful protestors on Galle Road and at the Galle Face in court? Every party who is a suspect is entitled to be represented and defended by attorneys-at-law. It is their constitutional right. The BASL will always maintain that every accused, however black his or her character may be, has a right to be defended. There is no question that any person should be denied that and the BASL will not stand in the way of any suspect’s constitutional rights.  We have asked for an impartial investigation not only on the attack on the protestors but have also asked for an independent investigation about the violence that took place in the aftermath. We thoroughly condemn the killings, the burnings, and looting that happened in public and private property and on persons. We have asked that all those perpetrated violence be brought to book. There are strong allegations directed at senior law enforcement officers with regard to the mob violence of 9 May. Will the BASL seek a mechanism for independent oversight of these investigations into the mob attack on protestors and the violence that occurred in its aftermath? The Attorney General’s Department (AG) appointed a six-member panel to monitor the probe. The Inspector General of Police has also requested the BASL to appoint a panel to oversee the conduct of the investigations and we are in the process of selecting members for the panel. There are allegations that the Police failed to act adequately to prevent the mob from attacking the peaceful protestors on 9 May. Broadcast media aired visuals of senior Police officers moving with the mob and the Police cordon not stopping their progress. What is the BASL’s view of these allegations? Of course. The Police was remiss in doing its duty. We have asked for an independent inquiry on why it was remiss in its duties. In other places the Police moved to obtain orders from the Court to prevent gatherings and marches; they had also deployed more personnel and resources on previous occasions. So the law enforcement authorities could have easily averted this incident and that would have saved the country a lot of trouble. It is very unfortunate that this was allowed to happen. It has affected Sri Lanka’s reputation.  All the violence that spread has caused so much damage and affected Sri Lanka’s good reputation. We think a thorough investigation is needed to understand why the Police was remiss. There has been a history of failed or weak prosecutorial action by the Attorney General’s Department against high profile cases relating to crime and corruption. What are the BASL’s views on calls for the AG’s Department’s role to be revisited and made more efficient and transparent? The BASL’s view is that the role of the Attorney General is unique and its independence must be protected and honoured. Public criticism needs to be looked at. From outside we need to look at how we can help improve the independence of the AG’s Department and uphold its integrity. Many Sri Lankans have lost faith in the policymaking mechanisms and in public institutions like the Judiciary and the law enforcement agencies in Sri Lanka. What are the key reforms you think need to be made to begin restoring public trust in such institutions as Sri Lanka moves forward? I think the process of appointments to such institutions needs to be independent. With that it is important that the right people with good credentials be appointed to such positions. The practice of making political appointments needs to be done away with.   The workings of these institutions must be made more efficient and transparent. Some of the processes of these institutions need to be revisited. Public institutions should also be accountable to the people for the work and services they provide.