The Presidential Commission of Inquiry (PCoI) to investigate and inquire into alleged political victimisation between 8 January 2015 and 16 November 2019 handed over its report to President Gotabaya Rajapaksa in December 2020, which was subsequently presented to Parliament in early March. Many complaints have been put forth, particularly by the political Opposition, against the CoI and its report alleging a disregard for the due process and exceeding its mandate.
Based on the recommendations of the CoI, Premier Mahinda Rajapaksa also tabled a resolution in Parliament seeking to withdraw many criminal cases, including those pertaining to the investigations into the murder of newspaper Editor Lasantha Wickrematunge, the murder of 11 Tamil men allegedly by members of the Navy, the Welikada Prison massacre of 2012, and alleged money laundering by one of Rajapaksa’s sons, Yoshitha Rajapaksa.
A Special PCoI was appointed in January to implement the recommendations of the CoI report, one of which reportedly states that those found guilty of political victimisation must be stripped of their civic rights. Janatha Vimukthi Peramuna (JVP) Leader Anura Kumara Dissanayake is one of the main politicians found guilty of pursuing an agenda of political victimisation by the CoI and punitive action was recommended against him. In this light, The Morning spoke to Dissanayake yesterday (29) about his future course of action with regard to this report, the progress and prospects of the party he leads, as well as his own political future.
The following are excerpts of the interview.
You have been alleging that due to the PCoI to investigate and inquire into alleged political victimisations between 8 January 2015 and 16 November 2019 you would be stripped of your civic rights. Does the report recommend the removal of civic rights of the individuals who have been accused of conducting political witch hunts? If so, on what grounds?
The PCoI report on political victimisation has a number of recommendations. One of the main recommendations is to investigate each court case and aspect to provide relief to the complainant, and mete out the punishment. There are 78 complaints after 136 investigations. Of those 78, I have been made the wrongdoer for 10. The AG’s (Attorney General) Department or bribery commission has been recommended to look into that. The other thing was to form a Special PCoI. The power it has is to investigate the cases and recommend the abolishment of civil rights of those whom the PCoI has named as being wrongdoers. It does not have the power to issue punishments.
[caption id="attachment_132898" align="alignright" width="502"]
"Due to the Port City Bill, seven of the country’s acts have no power over that land. Another 14 can be amended at any time. That means a place is being built that is not governed by the country’s common law and is not under the Parliament. The power of making laws, which is with the Parliament, shifts to the commission" Anura Kumara Dissanayake[/caption]
There have been reports that even MPs of the Government have objected to the stripping of civic rights. Is that so? Have they reached out to you?
The Upali Abeyratne Commission gave its report on 8 December to the President. Afterwards, the Cabinet approved the implementation of its recommendations. The report recommends the withdrawal of 78 cases that were investigated previously and the abolishment of our civic rights. The Cabinet has approved that already. The President has twice amended the regulations of the PCoI. Whatever government parliamentarians say outside, what matters is what happens via cabinet decisions.
Do you consider at least some of the allegations in this report fair, considering the accusations towards the then Anti-Corruption Committee?
There is large-scale corruption in this country conducted by a band of robbers. We know that the band of robbers is led by politicians. There are a handful of government officers, police officers, and businessmen who are also part of this. There are also media institutions and media owners who play a role in this band of robbers. Investigation departments are also affected. Irrespective of whichever government you vote for, the band of robbers will control the country. When a government changes, this (control) will only sway to the other side. Instead of the previous politicians and businessmen, another similar group will take their place. Other than that, the band of robbers does not change.
My party and I are conducting our struggle to defeat this corrupt band of robbers. I am engaged in that battle. If that is a crime, then I would not hesitate to commit that crime 10 times over. The public’s wealth has been stolen in the millions by this band of robbers – I will continue the fight against them. If that is a reason to accuse me, to take me to court, to strip me of my civic rights, then I am ready to face that.
I have filed a case in the Court of Appeal against the Upali Abeyratne Commission; against the Commission bringing Avant Garde also before it. Avant Garde is a company. The Commission’s mandate was to investigate government officers. What government position does the Avant Garde trader (“mudalali”) hold?
I filed another Court of Appeal case saying that a cabinet decision or a parliamentary vote must not be allowed to release criminals from their cases in court, as this Commission has recommended be done. Parliament is formed to make laws. They should not have the power to withdraw cases from a court of law.
There has been a lot of talk about the Port City over the past few weeks. Some allege that your criticism of the Port City is biased. Isn't foreign investment needed for the country, especially in the years to come following the pandemic?
We need investments on two grounds: one is technology and the other is capital. We are not a political movement that completely rejects investments. But Sri Lanka already has many institutions and regulations that work heavily in favour of the investors. One is the Board of Investment (BOI) and the BOI Act. The tax relief provided to investors is determined by the Strategic Development Projects Act. The Act gave tax reliefs to Shangri-La in 2008. The same Act also gave tax reliefs to the Hambantota Port, after it was sold by (former Prime Minister and current United National Party [UNP] Leader) Ranil Wickremesinghe. Some taxes in the Port were even completely waived off for 28 years. Other taxes were halved for 15 years. When the full tax revenue can be levied on the Hambantota Port, Wickremesinghe won't even be alive, since it would take approximately 43 years until the complete taxes can be received.
However, due to the Port City Bill, seven of the country’s acts have no power over that land. Another 14 can be amended at any time. That means a place is being built that is not governed by the country’s common law and is not under the Parliament. The power of making laws, which is with the Parliament, shifts to the commission. The other main thing is that the control of public finances is with the Parliament. That control is not with Parliament upon the enactment of this Bill (in this context). An investment zone usually does not have residents. But this has residents. We know that any place that has residents is controlled by elected leaders. But the Port City would be controlled by the commission. It also has the potential of being part of the black market. The Port City is not part of the Government’s economic development plan. We all know the problems that the world has with China. Thus, this is part of China's economic development plan, to serve its geopolitical ends. We must not let any country use our land for their geopolitical games.
Some have even said that the Port City is the turning point of our country’s economy. Sri Lanka is a land which has over 65,600 square kilometres, a population of over 20 million, and numerous resources. If development does not stem from there, then why are we placing all of our bets on a small, filled-up land off our shore? J.R. Jayawardena said he would turn around our economy, the Hambantota Port was supposed to turn around our economy, but what is the result now?
One major accusation is that you have aligned your party with the UNP and that you have too close of a relationship with former PM Wickremasinghe. MPs, especially from the Sri Lanka Podujana Peramuna (SLPP) allege that you have tied the JVP’s bell around the UNP’s tail (“seenuwa banda aliyage natte”). How do you respond to this and what exactly is your relationship with Wickremesinghe?
If I had a deal with the previous Government, then tell me what did I receive from the previous Government? What did I give to the previous Government?
But there are people who benefitted from the previous Government. We know PM Mahinda Rajapaksa’s and Ranil Wickremesinghe’s deals; we know how Gotabaya Rajapaksa escaped; when the AG’s Department sent orders to arrest Mahindananda Aluthgamage, how it was repealed; we know.
So we do not have any deals between us. But I have always been involved in the struggle against corruption. If tomorrow the President tells me to give information on the sugar scam, I will provide it immediately; even details about the coconut oil scam I will provide immediately. The Government must take action against corruption.
Do you feel that the JVP should have across-the-board reforms soon, as we have seen that the two old and prominent parties have diminished recently? Is a change in leadership and the seniors needed? Is there a challenge against your leadership by anybody in the party, for example Lal Kantha?
We have no competition. This is our collective responsibility. From very young days we have been part of this party. We never expected this responsibility. Due to certain incidents in the past, we have been given this responsibility. I have been given certain responsibilities, and Comrade (Sahodaraya) Lal has his own responsibilities. We need to fulfil these responsibilities with the aim of doing something just for the country. This rumour of a rift between Comrade Lal and I has been circulating for so long now. When the enemy has no other political challenges, the enemy tries to circulate different stories that they have made up. We are ready to leave our positions at any time. People with a narrow understanding of our party’s culture only make these points.
Does the JVP have a branding/image issue? Can the stigma attached to the JVP name due to incidents in the 1980s be considered to be detrimental to the future of the party? Is that the reason for your election losses?
The recent elections were special elections. The last election’s results were determined on 21 April 2019, on the day of the Easter Sunday terror attacks. The Easter Sunday attacks did not arise out of a void, it was not sudden. The party that lost in the 2015 elections made two main slogans after their loss. One was: “Intelligence agencies are in danger”; the other was that the “Sinhala race is in danger and by 2050, the Sinhalese would be a minority”. We did not have these two ideas prior to 2015.
Media and organisational capacities were used to build these two slogans up. The ruling party’s weaknesses at the time also played a role in this. These two slogans gained a life of their own on the day of the Easter attacks. After that, important political slogans such as economic development, a just society, and education were not so important. The country was divided into those who would betray the nation and those who would protect the nation. There was a lot of fake news being reported during the elections. No media institution has yet apologised for this. Media institutions have a right to question political movements. Similarly, we also have a right to question media institutions. It let society be divided. In the same house, the husband and wife were separated. Even against such a backdrop, 450,000 people voted for us. I think that is good, as a third-placed political movement.
The youth movements of the bygone eras are not greatly reflected among today’s youth. Are you satisfied with the level of youth participation in politics today?
Today, our country’s politics is unattractive, ugly, and unworthy. Politics occupies a very small place in the world of the youth. But in the 70s and 80s, the youth’s world had a big place for politics. Today, that is not the case and political parties are responsible for that.
What shortcomings do you see in leftist politics in Sri Lanka these days? What is your political vision for the country?
Comrade Rohana Wijeweera also faced a similar question once. He was asked whether he is creating a Russia or a China. He said that Russian shoes are too big for us and Chinese shoes are too small for us. We must create shoes that match us. Marxism is not a mould. It is a dynamic, flowing thing. The main characteristic in it is change. We are trying to build a left that suits Sri Lanka. But at certain times there are certain political slogans that come to the forefront that is not necessarily politics. That is where we have failed in our ability to create enough dialogue about leftist politics.
"Due to the Port City Bill, seven of the country’s acts have no power over that land. Another 14 can be amended at any time. That means a place is being built that is not governed by the country’s common law and is not under the Parliament. The power of making laws, which is with the Parliament, shifts to the commission" Anura Kumara Dissanayake[/caption]
There have been reports that even MPs of the Government have objected to the stripping of civic rights. Is that so? Have they reached out to you?
The Upali Abeyratne Commission gave its report on 8 December to the President. Afterwards, the Cabinet approved the implementation of its recommendations. The report recommends the withdrawal of 78 cases that were investigated previously and the abolishment of our civic rights. The Cabinet has approved that already. The President has twice amended the regulations of the PCoI. Whatever government parliamentarians say outside, what matters is what happens via cabinet decisions.
Do you consider at least some of the allegations in this report fair, considering the accusations towards the then Anti-Corruption Committee?
There is large-scale corruption in this country conducted by a band of robbers. We know that the band of robbers is led by politicians. There are a handful of government officers, police officers, and businessmen who are also part of this. There are also media institutions and media owners who play a role in this band of robbers. Investigation departments are also affected. Irrespective of whichever government you vote for, the band of robbers will control the country. When a government changes, this (control) will only sway to the other side. Instead of the previous politicians and businessmen, another similar group will take their place. Other than that, the band of robbers does not change.
My party and I are conducting our struggle to defeat this corrupt band of robbers. I am engaged in that battle. If that is a crime, then I would not hesitate to commit that crime 10 times over. The public’s wealth has been stolen in the millions by this band of robbers – I will continue the fight against them. If that is a reason to accuse me, to take me to court, to strip me of my civic rights, then I am ready to face that.
I have filed a case in the Court of Appeal against the Upali Abeyratne Commission; against the Commission bringing Avant Garde also before it. Avant Garde is a company. The Commission’s mandate was to investigate government officers. What government position does the Avant Garde trader (“mudalali”) hold?
I filed another Court of Appeal case saying that a cabinet decision or a parliamentary vote must not be allowed to release criminals from their cases in court, as this Commission has recommended be done. Parliament is formed to make laws. They should not have the power to withdraw cases from a court of law.
There has been a lot of talk about the Port City over the past few weeks. Some allege that your criticism of the Port City is biased. Isn't foreign investment needed for the country, especially in the years to come following the pandemic?
We need investments on two grounds: one is technology and the other is capital. We are not a political movement that completely rejects investments. But Sri Lanka already has many institutions and regulations that work heavily in favour of the investors. One is the Board of Investment (BOI) and the BOI Act. The tax relief provided to investors is determined by the Strategic Development Projects Act. The Act gave tax reliefs to Shangri-La in 2008. The same Act also gave tax reliefs to the Hambantota Port, after it was sold by (former Prime Minister and current United National Party [UNP] Leader) Ranil Wickremesinghe. Some taxes in the Port were even completely waived off for 28 years. Other taxes were halved for 15 years. When the full tax revenue can be levied on the Hambantota Port, Wickremesinghe won't even be alive, since it would take approximately 43 years until the complete taxes can be received.
However, due to the Port City Bill, seven of the country’s acts have no power over that land. Another 14 can be amended at any time. That means a place is being built that is not governed by the country’s common law and is not under the Parliament. The power of making laws, which is with the Parliament, shifts to the commission. The other main thing is that the control of public finances is with the Parliament. That control is not with Parliament upon the enactment of this Bill (in this context). An investment zone usually does not have residents. But this has residents. We know that any place that has residents is controlled by elected leaders. But the Port City would be controlled by the commission. It also has the potential of being part of the black market. The Port City is not part of the Government’s economic development plan. We all know the problems that the world has with China. Thus, this is part of China's economic development plan, to serve its geopolitical ends. We must not let any country use our land for their geopolitical games.
Some have even said that the Port City is the turning point of our country’s economy. Sri Lanka is a land which has over 65,600 square kilometres, a population of over 20 million, and numerous resources. If development does not stem from there, then why are we placing all of our bets on a small, filled-up land off our shore? J.R. Jayawardena said he would turn around our economy, the Hambantota Port was supposed to turn around our economy, but what is the result now?
One major accusation is that you have aligned your party with the UNP and that you have too close of a relationship with former PM Wickremasinghe. MPs, especially from the Sri Lanka Podujana Peramuna (SLPP) allege that you have tied the JVP’s bell around the UNP’s tail (“seenuwa banda aliyage natte”). How do you respond to this and what exactly is your relationship with Wickremesinghe?
If I had a deal with the previous Government, then tell me what did I receive from the previous Government? What did I give to the previous Government?
But there are people who benefitted from the previous Government. We know PM Mahinda Rajapaksa’s and Ranil Wickremesinghe’s deals; we know how Gotabaya Rajapaksa escaped; when the AG’s Department sent orders to arrest Mahindananda Aluthgamage, how it was repealed; we know.
So we do not have any deals between us. But I have always been involved in the struggle against corruption. If tomorrow the President tells me to give information on the sugar scam, I will provide it immediately; even details about the coconut oil scam I will provide immediately. The Government must take action against corruption.
Do you feel that the JVP should have across-the-board reforms soon, as we have seen that the two old and prominent parties have diminished recently? Is a change in leadership and the seniors needed? Is there a challenge against your leadership by anybody in the party, for example Lal Kantha?
We have no competition. This is our collective responsibility. From very young days we have been part of this party. We never expected this responsibility. Due to certain incidents in the past, we have been given this responsibility. I have been given certain responsibilities, and Comrade (Sahodaraya) Lal has his own responsibilities. We need to fulfil these responsibilities with the aim of doing something just for the country. This rumour of a rift between Comrade Lal and I has been circulating for so long now. When the enemy has no other political challenges, the enemy tries to circulate different stories that they have made up. We are ready to leave our positions at any time. People with a narrow understanding of our party’s culture only make these points.
Does the JVP have a branding/image issue? Can the stigma attached to the JVP name due to incidents in the 1980s be considered to be detrimental to the future of the party? Is that the reason for your election losses?
The recent elections were special elections. The last election’s results were determined on 21 April 2019, on the day of the Easter Sunday terror attacks. The Easter Sunday attacks did not arise out of a void, it was not sudden. The party that lost in the 2015 elections made two main slogans after their loss. One was: “Intelligence agencies are in danger”; the other was that the “Sinhala race is in danger and by 2050, the Sinhalese would be a minority”. We did not have these two ideas prior to 2015.
Media and organisational capacities were used to build these two slogans up. The ruling party’s weaknesses at the time also played a role in this. These two slogans gained a life of their own on the day of the Easter attacks. After that, important political slogans such as economic development, a just society, and education were not so important. The country was divided into those who would betray the nation and those who would protect the nation. There was a lot of fake news being reported during the elections. No media institution has yet apologised for this. Media institutions have a right to question political movements. Similarly, we also have a right to question media institutions. It let society be divided. In the same house, the husband and wife were separated. Even against such a backdrop, 450,000 people voted for us. I think that is good, as a third-placed political movement.
The youth movements of the bygone eras are not greatly reflected among today’s youth. Are you satisfied with the level of youth participation in politics today?
Today, our country’s politics is unattractive, ugly, and unworthy. Politics occupies a very small place in the world of the youth. But in the 70s and 80s, the youth’s world had a big place for politics. Today, that is not the case and political parties are responsible for that.
What shortcomings do you see in leftist politics in Sri Lanka these days? What is your political vision for the country?
Comrade Rohana Wijeweera also faced a similar question once. He was asked whether he is creating a Russia or a China. He said that Russian shoes are too big for us and Chinese shoes are too small for us. We must create shoes that match us. Marxism is not a mould. It is a dynamic, flowing thing. The main characteristic in it is change. We are trying to build a left that suits Sri Lanka. But at certain times there are certain political slogans that come to the forefront that is not necessarily politics. That is where we have failed in our ability to create enough dialogue about leftist politics.