General Fonseka’s word of honour on the 17th Amendment to the Constitution

Practical suggestions to give credibility

By Saliya Edirisinghe

(January 06, Colombo, Sri Lanka Guardian) The 17th Amendment to the Constitution seeks to de-politicize vital governmental functions. Towards this end, this Amendment created a ten-member Constitutional Council which comprises as follows. The Speaker, Prime Minister, Leader of the Opposition, all of whom function by virtue of the office they hold (ex-officio); five persons appointed by the President on the nominations of the Prime Minister and the Leader of the Opposition; one person appointed by the President; and the tenth member nominated by the smaller parties in Parliament and appointed by the President.

The independence of Commissions such as the National Police Commission, the Public Service Commission and the National Human Rights Commission, and several high state positions such as the office of the Attorney General and the Inspector General of Police were assured by requiring the appointments to the Commissions and high positions to be recommended or approved by the Constitutional Council.

President Rajapakse blatantly ignored the 17th Amendment to the Constitution and did not appoint members to the Constitutional Council when the term of office of the members expired.

General Sarath Fonseka has publicly pledged that he will fully implement the 17th Amendment to the Constitution if elected President.

However, General Fonseka must realize that previous conduct of persons seeking elected office does not inspire confidence in the electorate about ‘election promises’ publicly made by contesting candidates.

The people will remember that presidential candidate Chandrika Kumaranatunga entered into a written agreement with the Janatha Vimukthi Peramuna (JVP) to abolish the office of Executive President on or before a specified date if elected to office, and based on this written promise, the JVP refrained from fielding their own candidate for the 1994 presidential election. Chandrika Kumaranatunga won the presidential election, but did not honour her promise.

Presidential candidiate Fonseka should understand that the electorate cannot be expected to take ‘election promises’ of any candidate seriously, unless such a promise is buttressed by further clear assurances that inspire a measure of confidence in the particular promise.

One way in which General Fonseka might infuse a measure of trustworthiness to his promise to implement the 17th Amendment to the Constitution is by making a public announcement that, if he is elected President, he will immediately after taking oaths as President and on the same occasion, announce the appointment of his nominee to the Constitutional Council, and immediately thereafter, proceed to appoint the five nominees who have already been nominated to the Constitutional Council by the Prime Minister and the Leader of the Opposition, and the nominee of the smaller parties, if such nominee has been selected by the time of the conclusion of the presidential election.

General Fonseka may as a measure of prudence ascertain from the five persons already nominated by the Prime Minister and the Leader of the Opposition their continuing willingness to serve in the Constitutional Council, since some time has passed after their nomination.

The above mentioned measures are very simple ones which General Fonseka can easily take if he is sincere about his ‘election promise’ of implementing the provisions of the 17th Amendment. They are also steps that will enhance the faith that the electorate may be disposed towards placing on this particular ‘election promise’.