Identifier
Created
Classification
Origin
08COLOMBO571
2008-06-11 11:51:00
CONFIDENTIAL
Embassy Colombo
Cable title:
SRI LANKA: TWO PROVINCIAL COUNCILS DISSOLVED;
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C O N F I D E N T I A L COLOMBO 000571
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/11/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: TWO PROVINCIAL COUNCILS DISSOLVED;
OPPOSITION PLANS LEGAL ACTION
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4(b,d).
C O N F I D E N T I A L COLOMBO 000571
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/11/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: TWO PROVINCIAL COUNCILS DISSOLVED;
OPPOSITION PLANS LEGAL ACTION
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4(b,d).
1. (U) At midnight on June 10, the government dissolved the
Sabaragamuwa and North Central Provincial Councils. Both
councils' terms were scheduled to end in August 2009. North
Central Chief Minister (CM) Bertie Premalal Dissanayake and
Sabaragamuwa Chief Minister Mahipala Herath confirmed that
they gave consent to the provincial governors to dissolve the
councils. Local media reported that the government decided
to dissolve the two councils after the CMs and some
provincial members of parliament met with President Rajapaksa
and reported that they were unable to pass legislation
without a ruling party majority. In North Central Province,
the ruling UPFA had 14 members, the UNP had 10 members, the
JVP had 8 members and the SLMC had one member. In
Sabaragamuwa Province, the ruling UPFA had 18 members, the
UNP had 15 members, the JVP has 10 members, and the CWC had 1
member. According to the 13th Amendment, new nominations are
due to the election commission between 14 and 21 days after
the dissolution and the elections should be held within five
to eight weeks after nominations are received.
2. (U) The UNP and JVP have strongly objected to the
dissolution, claiming it was unconstitutional. UNP
Provincial Affairs Committee Chairman and Anuradhapura
district MP P. Harrison said the UNP and JVP members of North
Central Provincial Council gave affidavits to the Governor
requesting him not to dissolve the council. He said the
Governor can only dissolve the council if the government has
a majority. (Note: The President may also dissolve a
provincial council in the case of an administrative
"failure," including the inability to pass legislation, a
provision the GSL may use to defend its actions.) The UNP
has said it will seek court intervention to obtain a stay
order against the decision. The JVP announced on June 11
that it will also take legal action against the government's
decision. JVP Information Secretary Vijithe Herath said the
unnecessary provincial elections will burden the country's
economy.
3. (C) COMMENT: The government apparently wants to build
on its win in the East, in part to further undermine the
opposition, and in part to create a diversion from Sri
Lanka's accelerating inflation and slow progress on the
military front in the North. The government clearly
sidestepped the constitution by dissolving the councils
without a majority, but we expect that the courts are
unlikely to side with the opposition and reverse the move.
The UPFA will likely face a tougher battle in the North
Central and Sabaragamuwa provinces than it did in the East,
in part because they will not have the powerful armed group
TMVP to partner with. We expect the GSL will stagger the two
elections so as to focus its full resources on each province.
MOORE
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/11/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: TWO PROVINCIAL COUNCILS DISSOLVED;
OPPOSITION PLANS LEGAL ACTION
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4(b,d).
1. (U) At midnight on June 10, the government dissolved the
Sabaragamuwa and North Central Provincial Councils. Both
councils' terms were scheduled to end in August 2009. North
Central Chief Minister (CM) Bertie Premalal Dissanayake and
Sabaragamuwa Chief Minister Mahipala Herath confirmed that
they gave consent to the provincial governors to dissolve the
councils. Local media reported that the government decided
to dissolve the two councils after the CMs and some
provincial members of parliament met with President Rajapaksa
and reported that they were unable to pass legislation
without a ruling party majority. In North Central Province,
the ruling UPFA had 14 members, the UNP had 10 members, the
JVP had 8 members and the SLMC had one member. In
Sabaragamuwa Province, the ruling UPFA had 18 members, the
UNP had 15 members, the JVP has 10 members, and the CWC had 1
member. According to the 13th Amendment, new nominations are
due to the election commission between 14 and 21 days after
the dissolution and the elections should be held within five
to eight weeks after nominations are received.
2. (U) The UNP and JVP have strongly objected to the
dissolution, claiming it was unconstitutional. UNP
Provincial Affairs Committee Chairman and Anuradhapura
district MP P. Harrison said the UNP and JVP members of North
Central Provincial Council gave affidavits to the Governor
requesting him not to dissolve the council. He said the
Governor can only dissolve the council if the government has
a majority. (Note: The President may also dissolve a
provincial council in the case of an administrative
"failure," including the inability to pass legislation, a
provision the GSL may use to defend its actions.) The UNP
has said it will seek court intervention to obtain a stay
order against the decision. The JVP announced on June 11
that it will also take legal action against the government's
decision. JVP Information Secretary Vijithe Herath said the
unnecessary provincial elections will burden the country's
economy.
3. (C) COMMENT: The government apparently wants to build
on its win in the East, in part to further undermine the
opposition, and in part to create a diversion from Sri
Lanka's accelerating inflation and slow progress on the
military front in the North. The government clearly
sidestepped the constitution by dissolving the councils
without a majority, but we expect that the courts are
unlikely to side with the opposition and reverse the move.
The UPFA will likely face a tougher battle in the North
Central and Sabaragamuwa provinces than it did in the East,
in part because they will not have the powerful armed group
TMVP to partner with. We expect the GSL will stagger the two
elections so as to focus its full resources on each province.
MOORE