The Future is Uncertain

Victor Ivan finds the President immobilised. He cannot abandon the JVP after the support it gave him at the presidential election, yet dropping it would mean placing full faith in Ranil Wickremesinghe, whom he does not trust; and a president dependent on the JVP is trapped in its framework, as Chandrika Kumaratunga discovered. Neither party can transform the other, so nothing moves without the JVP’s consent. Ivan sees the same deadlock between the government and the LTTE, each blocked by India — which will permit neither the oppression of Tamils in the north and east nor a separate state. He puts the negotiating gap in a simile: the LTTE asked for tens of thousands of buns, was offered thousands, refused, and is now invited to the table for one. A government proposing decentralisation within a unitary framework is offering less than the Bandaranaike-Chelvanayakam Pact of 1958, and cannot raise the offer while the JVP and Hela Urumaya hold it in place. With no negotiated route left, Ivan warns the LTTE may settle accounts by war and may seek borders drawn by community — an attack on the Sinhalese of the East making it impossible for Tamils to live in the south, and opening the way to massacre and mutual slaughter.

The President and the JVP

Victor Ivan argues that unless Mahinda Rajapaksa resumes talks in defiance of the memoranda he signed with the JVP and the Jathika Hela Urumaya, war will return. He has already tested the limits: Norway remains facilitator despite an undertaking to remove it, talks look likely outside Asia against a condition that they be held within it, and Anton Balasingham has been summoned without objection. But Ivan doubts the JVP will let him go much further, and explains why its leaders cannot retreat even if some now privately doubt their own conditions — admitting error would expose them to their own members as politically shallow, so they must keep defending a position that no longer fits. The President’s first problem, he writes, is choosing between the JVP and the country. He then draws the parallel with Chandrika Kumaratunga, freed from the UNP’s encirclement by the JVP only to find herself in its prison instead, and notes that Rajapaksa faces the same choice in far better conditions: the UNP fragmented, its alliances weakened, and the LTTE no longer friendly to it.

Prabhakaran and the Presidential Election

Victor Ivan argues that the 2005 presidential election was decided not by the Sinhala people, the SLFP, the JVP or the Hela Urumaya but by Prabhakaran, who spoke on Heroes’ Day only after the result of his decision had been announced. Reading that speech, he traces why the LTTE leader wanted Wickremesinghe beaten: the ceasefire began boldly on both sides — roadblocks lifted, the ban withdrawn, a strategic route opened, demining agreed — but the Sri Lankan government would not even press for the Washington aid summit to be held on neutral ground, and talk of a ‘safety net’ confirmed a suspicion that nets are for catching fish. Campaigning on defeating separatism, invoking the lion flag while discussing federalism, and never once appealing on behalf of the Tamil people, Wickremesinghe lost, in Ivan’s phrase, both the branch he held and the branch he stood on. Prabhakaran instead installed the man the Sinhala people had chosen as their Dutugemunu against him. Ivan runs the Dutugemunu-Elara parallel through to its limits — this Elara is the younger man and will not request a duel — and sets out the options open to him, noting the warning that this was a final notice before a decisive struggle in the coming year.

The Joint Mechanism and the Coming Political Crisis 

Having promised the Kandy aid conference she would sign the joint mechanism for tsunami relief in the north-east regardless of extremist pressure, the President has been called. The JVP, under internal pressure that has made the issue one of survival and dignity, has resolved to quit the government if she signs. Victor Ivan sets out the arithmetic: the JVP’s departure costs 39 seats, the Hela Urumaya’s likely departure another nine, and the Tamil Alliance’s 22 do not cover the gap. Refusing to sign preserves the government but damages her standing internationally, in her party and among the people. Her alternatives are a coalition with a UNP leader who will not strengthen her hand, inducing a large group of UNP MPs to defect — for whom, Ivan notes, she could probably secure judicial protection through the Chief Justice — or dissolving parliament, possibly resigning the presidency and contesting as prime ministerial candidate herself. He judges a parliamentary election would hurt the JVP and Hela Urumaya most, and warns that whichever course she takes the turmoil will not end soon, still less if the LTTE abandons the ceasefire.

Does Prabhakaran have an answer?

Victor Ivan reads Prabhakaran’s Heroes’ Day speech as a shrewd account of southern politics. The LTTE leader traces the breakdown back to Washington, where the UNP’s participation in the aid conference denied his organisation equal-partner status; he rejects every interim administration draft the government produced, insists talks resume on the LTTE’s own ISGA proposals, and refuses to see an interim authority tied to a final settlement — suspecting the President of wanting to please the JVP, mislead the international community, or simply prolong matters indefinitely. He then challenges every southern party to state publicly where it stands on territory, nationhood and self-determination, and warns that Tamil patience has limits. Ivan judges the ball now in Sinhala hands and finds none of them willing to hold it: Wickremesinghe wanting the talks to last until he is President, the President subordinating the ethnic question to her own invalidation problem, and neither able to move without the JVP’s consent. He closes with a warning that the Sinhala people may come to detest their own leaders enough to say Prabhakaran is good for us too.

Alliance Government Crosses A Difficult Hurdle

Thondaman’s CWC has brought eight MPs to the Alliance, and with three from the SLMC and one JHU monk the government reaches 118 — enough to govern, but thirty-two short of what the President actually wants. Victor Ivan credits her nerve: she dissolved a parliament the UNP controlled, broke her promise to the Speaker, allied with the JVP at the risk of her own party, and won a gamble that had her survival at stake, while the leader of the opposition remained in a world of his dreams. Her remaining aim is to avoid invalidation at the end of her second term, and Ivan judges that despite her stated preference for abolishing the executive presidency she will instead seek to amend it to permit three terms — a course she can justify to the minorities, to her own party and to the JVP in turn. The arithmetic runs through Prabhakaran: satisfying him on the ISGA delivers the TNA’s twenty-two MPs and brings a two-thirds majority within ten UNP defections. The difficulty is pleasing Prabhakaran and Wimal Weerawansa at once.

Government in a Stalemate

Victor Ivan traces the trap the UPFA government has built for itself. Resuming peace talks would solve both its problems at once — the TNA would support it at least from outside, curing the parliamentary shortfall, and the international aid package would ease the economic squeeze. But the JVP promised the country it would block the interim proposals and shut out Norway, and Ivan concedes their refusal is consistent even if wrong. The SLFP, having called the peace programme a treacherous plan to hand the LTTE a separate state, cannot now embrace it either; nor can the President drop the JVP for the UNP, which holds more seats than her own party and could bring down any government it supported from outside. Even the constitutional change for which she dissolved parliament has lost its constituency. Unable to move, the government buys public opinion with concessions the economy cannot fund, driving inflation and interest rates up on Treasury Bill issues and the rupee down. Ivan closes on Norway’s Vidar Helgesen, who likened the war to a frozen iceberg now melting as the talks collapse.

Voluntary March Towards Destruction

Victor Ivan argues that neither the UPFA nor the UNP read the 2004 election result correctly: the government took a near-tie as a mandate, the opposition as a victory, when both should have read it as a demand for consensus. Parliament has sat three times since the election, spending those days on abuse and fisticuffs while costing Rs 1.9 million a day whether it meets or not. The government advertises the repeal of the Tax Amnesty Act and the compensation formula though no amending bills have been tabled, and diverts youth brigade funds without the parliamentary approval such a transfer requires. Having roused the trade unions against its predecessor, it now cannot drive back the demon it summoned; having roused the country against the Norwegian-brokered talks, it now wants negotiations in an environment of its own poisoning. Ivan holds not only politicians but intellectuals, the private sector and society at large responsible for standing aside, and expects wisdom to arrive only after the fall.

Towards A Solution

In this article, Victor Ivan analyzes the constitutional deadlock resulting from President Chandrika Kumaratunga’s takeover of three cabinet ministries, arguing that the crisis stems from structural flaws in a system where executive power and parliamentary control belong to opposing parties. Ivan critiques Prime Minister Ranil Wickremesinghe for attempting to sideline the Executive President and leveraging the peace process primarily to fuel his own 2005 presidential ambitions. The author notes the irony in the President now calling for independent commissions and state media oversight—reforms the Prime Minister failed to enact earlier—while demanding an equal seat at the table in peace negotiations. Ultimately, Ivan asserts that the only way to avert national catastrophe is to establish a bipartisan power-sharing agreement that includes the President in decision-making on peace.

What must happen

In this article, Victor Ivan addresses the major constitutional crisis triggered by President Chandrika Kumaratunga’s unilateral takeover of three key government ministries—including the Defense Ministry—while Prime Minister Ranil Wickremesinghe was abroad. Ivan characterizes the President’s actions as an immoral, well-planned “constitutional coup,” while simultaneously criticizing the Prime Minister and cabinet for sabotaging political co-habitation by attempting to marginalize the President while willingly cooperating with LTTE leader Velupillai Prabhakaran. Warning that the deadlock threatens both the national economy and the peace process, Ivan asserts that the crisis cannot be solved through street protests or snap elections. Instead, he argues that the crisis must serve as a catalyst for a bipartisan agreement on structural constitutional reforms, electoral changes, and the revitalization of independent commissions.