Monthly Archives: October 2018

Sacking of PM is Unconstitutional

The country, until two days ago, had a Prime Minister in office who commanded the confidence of parliament, which he had demonstrated not long ago by having a no confidence brought against him defeated in parliament.

President Sirisena’s sacking of Prime Minister Ranil Wickremesinghe and the appointment of Mahinda Rajapaksa in his place has been described by some as a ‘constitutional coup’. The phrase ‘constitutional coup’ is a contradiction in terms, or ‘an oxymoron’, because it would imply that although President Sirisena’s actions amounted to a coup, his actions are sanctioned by the constitution. There is no constitutional basis for the President to have removed the Prime Minister. At the press conference held on 27 October 2018, as reported in Adaderana (GL explains how PM was removed and why Parliament was prorogued) Dr G.L. Peiris, the chairperson of the SLPP, attempted to justify the legality of President Sirisena’s actions, putting forward two points in support. They are (i) the cabinet of ministers stood dissolved by the very fact of exceeding the numerical limit prescribed in Article 46(1), and (ii) the President as the appointing authority has also the power to dismiss him. In fact, the phrase used by Peiris is ‘compulsory removal’. What Dr Peiris sought to do was to provide an ex post facto rationale for the President’s action but the reasons he put forward for the removal cannot be reconciled with those given by the President. Nor are they reflected in the position taken by the President in his gazette notification.  

The gazette notification announcing the President’s decision stated that “the President in the exercise of powers conferred upon him under the Constitution …, has removed Hon. Ranil Wickremesinghe … with immediate effect.” (see The Gazette Extraordinary no. 2094/43 dated Friday 26 October 2018). There is no reference in this gazette to the specific provision or provisions of the constitution under which the President purported to act when removing the Prime Minister from office. If, as Dr Peiris says, the cabinet of ministers ceased to hold office and the Prime Minister had gone out with the cabinet, then there was no need for the President to have “removed” the Prime Minister from office, and to have done so with immediate effect. The President has not stated that the appointment of Mahinda Rajapaksa became necessary because the office of the Prime Minister which was occupied by Ranil Wickremesinghe had fallen vacant. Continue reading

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Filed under Discussion, Dr Reeza Hameed, Legislation, Pakistan Horizon, Politics, Sri Lanka

On Brazil’s Choice of Extreme Right

The success of Brazilian populist leader Bolsonaro is termed as a classic case of ‘protest vote’ by the disillusioned middle classes with the leader ‘playing grievance politics’ … 

Brazil’s evangelical Christians have emerged as an increasingly powerful political force, as confirmed in the highly polarised presidential and congressional elections held on 28 October. Jair Bolsonaro, a far-right member of the Social Liberal Party (PSL) and former army captain, is Brazil’s next president, with 55.7 percent of votes. Fernando Haddad, Bolsonaro’s closest opponent and the large leftist Workers’ Party’s (PT) replacement for Luiz Inacio ‘Lula’ da Silva, failed to secure majority. Although Haddad promised to restore the economy to its former state of health under Lula’s presidency from 2003 to 2010, most of the Brazilians have little faith left in the country’s political class after numerous high-level corruption scandals surfaced since 2014 as part of the Lava Jato, or Car Wash, anti-graft probe and other interlocking investigations, which also involved Lula who is now serving 12 years in jail and was barred from running in this election.

While Bolsonaro’s victory has been referred to as a political earthquake, a disaster for the Amazon and global climate change and a blow to antifascist activists, the Brazilians have clearly made their choice for the extreme right. Significantly, about 147 million Brazilians headed to polls against a backdrop of widespread dissatisfaction prompted by a stuttering economy, worsening violent crime rates and several recent high-profile corruption scandals. While it is South America’s largest economy, a regional powerhouse and is part of the so-called five-member ‘BRICS’ group of major emerging economies alongside Russia, India, China and South Africa, Brazil is nevertheless battling several threatening challenges amidst increased unrest and widening polarisation among the country’s citizens. Beginning in mid-2014, a more than two-year deep recession rocked the country and stagnated growth. Continue reading

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Filed under Accountability, Brazil, Corruption, Discussion, Economy, Human Rights, Immigration, Pakistan Horizon, Police, United States

A Silent Witness to Rohingya ‘Genocide’

There has been clear and ample evidence of the grave atrocities committed against the Muslim Rohingya by Myanmar military forces.

On 2 October 2018, Aung San Suu Kyi, Myanmar’s civilian leader, became the first person to have her honorary Canadian citizenship revoked. Although Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991 for her fight for democracy in Myanmar, she has failed to be a champion of change and human rights after the horrors of Rohingya genocide surfaced. According to a United Nations fact-finding mission, Myanmar’s military has systematically killed thousands of Rohingya civilians, burned hundreds of their villages, and engaged in ethnic cleansing and mass gang rape while the Myanmar’s leader has allegedly denied the atrocities, restricted access to international investigators and journalists, defended the military and denied humanitarian aid for the Rohingya. While Canada sends a powerful message against the violators of human rights, would anyone come to the rescue of one million Rohingya Muslims of Myanmar, described as the ‘world’s most persecuted minority’?

Myanmar, formerly known as Burma, has a population of around 51 million people which consists of more than 135 ethnic groups. One group, the Muslim Rohingya with a population of 1.1 million living mainly in Rakhine State in the north of the country, are not recognised as an ethnic nationality of Myanmar and suffer from arguably the worst discrimination and human rights abuses of all. As noted before, the Rohingya are stateless and they have been denied citizenship in Myanmar since 1982, which has effectively rendered them stateless and while most of them still live in extremely poor conditions in Rakhine, hundreds of thousands of Rohingya have fled to neighbouring Bangladesh as well as Malaysia, Thailand and other Southeast Asian countries, over the course of many decades. Myanmar’s government does not consider the Rohingya its nationals and claim that they are Bengali labourers who immigrated to Myanmar during the more than 100 years of British rule (1824-1948), from today’s India and Bangladesh. Continue reading

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Filed under Criminal Justice, Criminal law, Discussion, Ethnic cleansing, Genocide, Human Rights, Islam, Islamophobia, Myanmar, Pakistan Horizon, Rohingya, Statelessness