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Online edition of India's National Newspaper Friday, July 13, 2001 |
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Chandrika defends referendum
By Nirupama Subramanian
COLOMBO, JULY 12. The President, Ms. Chandrika Kumaratunga, went
over state television today to defend her decision to prorogue
Parliament and simultaneously kicked off her campaign for the
August 21 referendum by asking the people to give her a ``clear
and unequivocal'' mandate to change the Constitution.
Ms. Kumaratunga promised that once she had the required mandate,
she would change the Constitution within a year, ``after
necessary consultations with broad sections of society'', and
called for the formation of a ``broad national alliance'' with
her Government to achieve this.
Earlier this week, Ms. Kumaratunga used the sweeping powers
vested in her by the same Constitution that she was seeking to
replace to side-step an imminent no-confidence motion against her
minority Government, and called for a referendum on the need for
a new Constitution.
The move has attracted widespread condemnation as an
authoritarian and dictatorial tactic to block a legitimate
democratic process.
The President said today that she had taken the step in view of
``the unstable situation'' in the legislature.
``With a view to providing the necessary space and opportunity
for the political parties concerned to find a solution to their
differences, I decided to prorogue Parliament for two months,''
she said.
The main thrust of her address was the unfairness of the
electoral system in the present Constitution that made it
impossible for any party to establish ``a stable Government'',
and the need to change it through a new Constitution.
Ms. Kumaratunga did not specify what the new Constitution might
be, but dropped a hint by referring to the Constitution Bill that
her Government sought unsuccessfully to rush through Parliament
last year, as containing provisions to establish the independent
commissions that the Opposition had been clamouring for and to
scrap the Executive Presidency.
She said the new Constitution would also provide ``fair,
constitutional and political solutions to the curse of the ethnic
crisis''.
The draft new Constitution that was put to Parliament last year
was opposed by Sinhalese as giving away too much to Tamils, and
by Tamils as too little. The United National Party also said it
was opposed to provisions in it that allowed the retention of the
powers of the Executive Presidency for a transitional period.
Though Ms. Kumaratunga needs to win only 51 per cent of the
mandate at the referendum, analysts said she would require more
than 60 per cent of the mandate to claim popular support to
change the Constitution.
It is not yet clear how she can do this if the Opposition does
not support her as a referendum is not legally binding on
Parliament, and the creation of a Constituent Assembly, where
constitutional changes can be effected by a simple majority,
needs a resolution by Parliament where the PA has lost its
majority.
Local newspapers reported today that even the Cabinet was unhappy
with the decision by the President. The Minister for
Constitutional Affairs, Mr. G.L. Peiris, was one of those who
reportedly complained at the Cabinet meeting on Wednesday that he
had not been consulted on the move. Several others too registered
their protest, and one stormed out, the papers said.
The Leader of the Opposition United National Party, Mr. Ranil
Wickremesinghe, accused Ms. Kumaratunga of taking the ``first
step'' towards a dictatorship, and called for all democratic
forces to unite against the Government.
He said the Government should have resigned when it became clear
that it no longer commanded the majority to defeat the no-
confidence motion placed before Parliament by the Opposition.
The Janatha Vimukthi Peramuna called it a ``dangerous move'' and
said it seemed like an attempt to revive the Constitution Bill of
last year.
Meanwhile, the leaders of 115 combined Opposition
Parliamentarians submitted a petition to the President, asking
her to sack the Prime Minister and the Cabinet as the Government
had clearly lost its majority and appoint to the office a person
who commanded the confidence of the House.
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