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why the LTTE leader wanted Wickremesinghe beaten: the ceasefire began boldly on both sides — roadblocks lifted, the ban withdrawn, a strategic route opened, demining agreed — but the Sri Lankan government would not even press for the Washington aid summit to be held on neutral ground, and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.

Trends in the Presidential Contest

Three weeks from the 2005 presidential election, Victor Ivan sets out what each outcome would produce. Defeat ends the political life of whichever man suffers it, and fragments his party. A Wickremesinghe victory brings immediate dissolution and a parliamentary election that would cut the JVP and Hela Urumaya down, after which Ivan expects him to seek an SLFP coalition anyway to shield his peace programme from objection. A Rajapaksa victory requires no dissolution, since the Hela Urumaya could simply be added to the Alliance — though Ivan finds him harder to read, uncertain whether he would accommodate the JVP and Hela Urumaya or pursue an agenda of his own. He then turns to the arithmetic: the Alliance’s 45.60% in 2004 falls some 500,000 votes short of a presidential majority, and its 2004 total merely preserved what the SLFP and JVP had polled separately in 2001 rather than adding to it. The UNP’s losses since 2001 match the Jathika Hela Urumaya’s gains almost exactly, making those voters decisive. And the Tamil National Alliance vote, which nearly doubled in 2004, rests with the LTTE — which may back neither candidate, in which case turnout in the north and east will fall.

Sinhala Buddhist Vote Base and the Presidential Election

Six weeks before the 2005 presidential election, Victor Ivan works through whether it can be won on Sinhala Buddhist votes alone. He begins by conceding the JVP’s pre-2004 argument was arithmetically sound: had the SLFP, JVP and EPDP contested together in 2001 they would have outpolled the UNP-led alliance by 27,579 votes. Contesting as one in 2004 they gained only 5,019 votes on their separate 2001 total, took 108 seats without a majority, and were outpolled by the combined opposition by some seven lakhs — 46.04% against 53.96%. But a presidential election is a different instrument: two contenders, one national constituency, and a winner who must clear half the vote. Ivan estimates the Sinhala Buddhist electorate at 6,094,667 of roughly 9.16 million valid votes, meaning a candidate relying on it alone would need 75% of it — a target he does not think easily attainable. He notes too why minorities prefer the presidential system: with the Sinhala vote split between the main parties, their votes can decide who becomes head of state.

The Mahinda – Anura Equation

The President has named Mahinda Rajapaksa her party’s presidential candidate and her own brother its prime ministerial candidate, though only the first nomination was asked for — and done while an amendment making her SLFP leader for life was being introduced. Victor Ivan reads it as a chess move of some cunning: in every sequence of elections, a defeated Mahinda loses even the seat he holds while Anura Bandaranaike emerges as leader of the opposition, and family control of the party survives the defeat. Behind it sits the unresolved question of whether the presidential election falls in 2005 or 2006, and a chain of unanswerable questions about what the Elections Commissioner will decide, whether the President will seek a Supreme Court interpretation first, and what either will do if they disagree. Ivan then turns to the parties themselves, arguing neither main party is democratic — the SLFP run by one family, the UNP by several — and traces the pattern of leaders seeking to escape their term limits: Jayewardene collecting undated resignation letters from a five-sixths majority and dreaming of a third term until Premadasa stood against him, Kumaratunga collecting the same letters from twenty-three deputy ministers in 2000 with the judiciary’s support. Her dreams end, he concludes, only if Mahinda can become a Premadasa.

When must the Presidential Election be held?

Was Chandrika Kumaratunga’s second term due to end in December 2005 or December 2006? Victor Ivan works through the constitutional arithmetic. G.L. Peiris holds that the public oath of 22 December 1999 governs, making the election due in 2005; Mangala Samaraweera replies that a two-term president is entitled to twelve years, placing it in 2006 and resting on an oath the President is said to have taken in secret on 12 November 2000. Ivan tests the twelve-year claim against J.R. Jayewardene, who served two terms and got eleven: having gone to the country early in October 1982, he took his second oath in February 1983 and lost a year. Article 31(3A)(d), quoted in full, sets the term from the date of the oath. He then explains why she took the December oath at all — after the bomb attack on her campaign, her advisers invoked the doctrine of necessity so that her death would not force a fresh election, an insurance that has since become a liability. A secret oath cannot invalidate a public one, he concludes, and any attempt to make it do so will bring on another crisis.

Two Aspects of Political Opportunism

In this article, Victor Ivan examines the mutual political opportunism and power struggle between President Chandrika Kumaratunga and Prime Minister Ranil Wickremesinghe leading up to the dissolution of parliament. Ivan argues that Kumaratunga’s political strategy—including formalizing a permanent alliance with the JVP, taking over key ministries, and shrewdly calculating her election and oath dates—was driven entirely by her desire to avoid political invalidation at the end of her second term. Conversely, Wickremesinghe’s passive strategy was to defend the existing system and allow the President to serve out her terms so that she would naturally be invalidated, clearing his path to the executive presidency. This calculation ultimately prevented him from actively challenging her controversial appointments to the judiciary and the elections commission, allowing her to consolidate power.