• Lawyers, corporates, doctors, and other professionals put forward urgent solutions, including resignation of the Prez/PM and formation of an interim Govt. 

BY SUMUDU CHAMARA  As people-led protests keep growing rapidly, more and more people keep joining the movement against the current Government, especially against President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, the prevailing political culture, and the existing monetary and economic policies. This struggle, which was initially confined to a mere public furore, appears to be becoming more systematic, and is now seeing several experts join the fray. Initially, this expression of opposition and displeasure started receiving the support of economists and human rights activists, especially with regard to the economic and social crises, resulting in a plethora of recommendations for the present administration. However, now, experts from various other fields such as law, the corporate sector, medicine, and public policies have also come forth to be a part of the ongoing struggle, with long-term solutions.  A group of professionals and experts from various fields, named “Direction Sri Lanka – Independent Professionals for the Nation”, on 19 April, put forward a number of immediate and long-term measures as the initial steps to address the prevailing crises in the country. The group of experts included, among others, prominent legal and medical professionals.  The group of experts comprised Attorney-at-Law (AAL) Ramzara Abdeen, Dr. Palitha Abeykoon, President’s Council (PC) Neville Abeyratne, PC Geoffrey Alagaratnam, AAL Mohamed Adamaly, Dr. Ajith Amarasingha, Dr. Namali Amarasena, AAL Rajeev Amarasuriya, Naceen Anthonypillai, PC Rienzie Arasakularatne, AAL G.G. Arulpragasam, AAL and Dr. Sunil Cooray, PC Prasantha Lal De Alwis, PC Chanaka De Silva, Dr. Sarath De Silva, Prof. Harendra De Silva, Dr. Sarath Gamini De Silva, AAL Father Noel Dias, Dulitha Fernando, Prof. Ranvindra Fernando, Dr. Amitha Fernando, Nipuna Ganegoda, Dr. Upul Gunasekera, AAL Shiranthi Gunawardena, Dr. Rohan Gunawardene, Dr. Ruvaiz Haniffa, Prof. Siri Hettige, AAL Gazzali Hussain, PC Kalinga Indatissa, PC Nalinda Indatissa, PC S.T. Jayanaga, Janek Jayasekara, AAL Shantha Jayawardena, AAL Sanjeewa Kaluarachchi, AAL Namal Karunaratne, Prof. Indika Karunathilleke, Prof. Prasad Katulanda, AAL Thejitha Koralage, Dr. A.L.M. Nazar, Dr. S. Marasinghe, PC Ikram Mohamed, AAL Udara Muhandiramge, PC Faisz Musthapha, Dinuka Perera, PC Srinath Perera, PC Dinal Phillips, Anushka Polonowita, PC Anuja Premaratne, PC V. Puvitharan, Dr. M.R. Ragunathan, Dr. Lalantha Ranasinghe, AAL Pasindu Silva, Dr. Manilka Sumanathileke, Chavinka Sumanthilleke, AAL Chrishmal Warnasuriya, Dr. Sunil Wijesinghe, Dr. Ananda Wijewickrama, and Prof. Chandrika Wijeyaratne.  Medical and legal sector experts  Among the matters that the said group of experts felt were crucial matters for discussion are the dire economic and social distress presently faced by Sri Lankans and the proximate causes that have led to the persistent demands of protesters throughout the country; the possibility of the current situation escalating to a complete breakdown of the rule of law, in turn resulting in a state of anarchy; and immediate action that needs to be taken in order to address the said serious situation within the framework of the Constitution and the country’s law.  While expressing concerns about the present situation, the group called on the Government and Opposition parties to take concerted actions in order to ensure that the foregoing is implemented immediately.  Immediate steps  The immediate steps recommended by the group of experts consist mostly of changes in the top, crucial positions in the Government, such as the Presidency and the Prime Ministerial portfolio.  The group of experts’ recommendations included that the President resigns forthwith in response to the demands of the people, regarding which it said that Article 38(1)(b) of the Constitution provides for the resignation of the President by means of a communication addressed to the Speaker; and that a new President be elected, regarding which it said that Article 40(1)(a) of the Constitution provides for the Parliament to elect as the President one of its Members for the unexpired period of office.  The Prime Minister’s immediate resignation after the election of the successor President was another recommendation, regarding which the group of experts said that Article 47(2)(b) of the Constitution provides for the resignation of the Prime Minister by means of a communication addressed to the President and that upon the resignation of the Prime Minister, the entire Cabinet of Ministers will stand dissolved. The next key recommendation was that an interim, caretaker Government be formed immediately. In this regard, the group of experts said that an interim, caretaker Government or national Government must be immediately formed comprising a new Prime Minister and a Cabinet limited to 18 essential portfolios, along with an equal number of Deputy Ministers, representing all political parties, and that this new interim, caretaker Government or national Government shall function for a maximum period of one year.  In addition, the recommendations put forward mentioned that the persons who hold portfolios in the interim, caretaker Cabinet should have adequate and appropriate educational qualifications and specialised skills required to hold the respective portfolios, and should be persons of the highest integrity. MPs on the National List, the group of experts recommended, should be encouraged to resign as necessary, in order to pave the way for professionals and experts of the highest integrity to be represented in the interim, caretaker Government or national Government. Taking action in order to rescind the 20th Amendment to the Constitution and to reintroduce the provisions of the 19th Amendment to the Constitution with necessary amendments aimed at ensuring a democratic governance structure in the country is one of the priorities the group of experts said needs to take place during the tenure of the interim, caretaker Government or national Government.  In addition, the proposed immediate steps include taking steps in order to appoint persons with the highest integrity and ability to independent commissions immediately after reintroducing the 19th Amendment to the Constitution.  Functions of an interim, caretaker Government  The group of experts also proposed mandatory programmes pertaining to financial and political solutions for the interim Government it said needs to be formed. Having a moratorium on the sale of the country’s assets should be one of the duties of the new Government, according to the group of experts. In this regard however, it noted that this step will not be a bar for investments to come into the country subject to due procedures, processes and transparency. Among other recommendations pertaining to the functions of the new Government include, establishing through legislation, a transparent government procurement process that ensures accountability and the interests of the country at all times, and appointing a group of experts with core competencies in economic management to advise the Government on the steps to be taken in order to revive the economy of the country.  The steps that need to be taken on receiving such advice include securing bridge financing at concessionary interest rates and conditions, not obtaining commercial financing with commercial interest rates during this period, concluding agreements with the International Monetary Fund and other financial agencies following due Parliamentary process and with complete transparency, taking prompt action in order to ensure the provision of essential services and supplies to the public, and taking all measures to stabilise the Sri Lankan rupee. In addition, holding Elections – Presidential or Parliamentary, as appropriate – is another recommendation for the interim, caretaker Government. The group of experts further said that this step needs to take place within a maximum period of one year, and that it is necessary in order to enact constitutional amendments that reflect the will of the people.  In regard to this move, the group of experts said that in the attendant special circumstances and the weak economic situation, priority should be given to the conduct of national elections respectively, over other elections including Local Government and Provincial Councils Elections. The group of experts had further proposed that the new interim, caretaker Government should strictly observe the rule of law, including the measures to protect and consolidate the wealth of the nation, and to take immediate measures in order to ensure the efficacy of the Commission to Investigate into Allegations of Bribery or Corruption (CIABOC). Moreover, the group of experts called on the Government and the Opposition to take concerted action to ensure that the foregoing is implemented immediately, and also pointed out the importance of ensuring that the fundamental rights of the people – particularly the right to engage in peaceful protests and association – are protected. Even though a number of the recommendations put forward by the group of experts are already being discussed in Sri Lanka’s political arena and are being demanded by the protesters, the steps the Government is taking are not quite aimed at achieving those. What is happening, instead, is the reshuffling of the Cabinet, which is not seen as a long-term or effective resolution, and this situation calls for more active and systematic approaches by the Government.  However, in a context where most of these recommendations, as well as other recommendations presented by experts from various fields during the past few weeks, are long-term measures, priority should be given to short and medium-term measures to end the instability crippling the country at the moment. At the same time, attempts must be made to create a platform for the recommendations and opinions of experts within Sri Lanka’s political and institutional contexts.