Weekend retreat for MPs at Browns Beach Hotel today and tomorrow

The new Constitution was one of two key promises made by President Maithripala Sirisena in the run up to the 8 January 2015 polls. The SLFP, too, promised the same in the party’s General Election campaign in August that year. However, the SLFP appears to be shying away from seeking expert advice on this regard and, instead, opting for lessons in economic.

That’s the message conveyed when SLFPers met early this week to discuss the weekend retreat organised by the Office for National Unity and Reconciliation (ONUR) to be held today and tomorrow at the Browns Beach Hotel in Negombo.

The ONUR headed by former President Chandrika Bandaranaike had listed senior constitutional lawyer Dr. Jayampathy Wickramaratne and Central Bank Governor Dr. Indrajit Coomaraswamy among resource persons for the weekend retreat’s Political Workshop.

However it is learnt that Provincial Councils and Local Government Minister Faiszer Musthapha and Science, Technology & Research Minister Susil Premajayantha had objected to this and expressed disinterest, demanding who would want to listen to the views of UNP experts. Vocal discussion eventually saw SLFPers agreeing only to listen to economic lessons which will be imparted by the Central Bank Chief.

Political analysts were dismayed over the response of SLFPers to the invitation to listen to insights in to matters pertaining to the new Constitution, which together with the abolition of the Presidency were key pillars on which the Presidential and General Election were won.

The sense of apparent apathy from some SLFPers is disturbing since, as reported in the Daily FT on Wednesday, it was only last month the President stepped into break a deadlock in constitutional negotiations, holding a round of tripartite talks with the United National Party (UNP), the Tamil National Alliance (TNA) and his own SLFP.

The 21-member Steering Committee tasked with drafting the new Constitution hit major roadblocks at the beginning of this year, with the SLFP and the JVP requesting more time to study the proposals in the Interim Report, and provide inputs. The Steering Committee initially hoped to present its interim report to the Constitutional Assembly of 225 members of Parliament by November 2016.

Interim proposals to be submitted to the Constitutional Assembly were circulated among the membership of the Steering Committee since November 2016, the Opposition Leader said. After the interim report had been in circulation for several weeks, some members of the Steering Committee had expressed the view that they needed more time to study the proposals and make comments.

Following the first round of tripartite talks, legal experts have been tasked with drafting a new, narrowed-down document, encompassing Steering Committee interim proposals already on the table, as a way to break the deadlock in negotiations. The process is being coordinated by constitutional expert Dr. Jayampathy Wickramaratne.

Presidential term is only 5 years: Legal expert

Constitutional expert Dr. Jayampathy Wickramaratne yesterday set the record straight on the length of the President’s term. At the weekly SLFP media briefing on Thursday, party spokesman Deputy Minister Dilan Perera in a passing remark, referred to President MaithripalaSirisena’s term of office as being six years in duration, as opposed to the five years as spelt out in the 19th amendment to the constitution. Daily FT got in touch with Dr. Wickramaratne to clarify this apparent confusion.

According to Dr. Wickramaratne, even though President Sirisena was sworn in before the 19th amendment was passed, there is provision to ensure that the five-year limit applies to the sitting president too.

“The President was elected before the 19th amendment. In order to make clear that the five-year period applies to the current president also, a very clear transitional provision was made,” said Dr. Wickramaratne.

Section 49 (1) (b) of the 19th Amendment reads (paraphrased):  “For the avoidance of doubt it is hereby declared thatthe persons holding office respectively, as the President and Prime Minister on the day preceding April 22, 2015 shall continue to hold such office after such date, subject to the provisions of the Constitution as amended by this Act.”

Said Dr. Wickramaratne: “We call it an avoidance of doubt law in legal language. It is very clear that all provisions relating to the president, including his term of office is subject to the 19th amendment.There is no doubt whatsoever that it is five years, according to this sub section.”