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Inability To reach Consensus On The Right To The Defence Ministry Which Constitutionally Belongs To The President Could Further Hamper Peace!
There seems to be a degree of non-collaboration between the President and the Prime Minister when it comes to the core issues relative to peace and defence of the Nation where the Prime Minister seems to be of the opinion that he cannot forge ahead with the Peace Process as long as the President has taken over the Ministry of Defence whereas it has been unequivocally stated in the Ammended Constitution that it is the President alone who has the sole right to the portfolio of Defence as Chief Executive Officer Of The Armed Forces.This has been cleary laid down in chapter V11 section 30 of the Constitution which clearly illustrates the legality of the President's entitlement to the Defence Ministry which somehow seems to be a point of validity either beyond the comprehension of the Prime Minister or a reality he simply does not want to acknowledge and the consensus of governance gets waylaid and made obscure relative to the needs of cohabitation between the two areas of primary importance towards peace by simple definition and the ability of interpretation by one of the principles involved, namely the Prime Minister.
WhileThe Prime Minister is of the view that the best interests of the country would only be served and the peace process carried forward if the Defence portfolio is returned to the UNF Administration while The President maintains within her statutory rights within the Constitution that the Defence Portfolio is entrusted to the Head of State, the Executive President, by way of the Constitution and very rightfully so.
This has been established and confirmed by theThe Supreme Court, in a recent determination which has laid down in the terms of legal definition that is is indeed the right and privilege of the President to be in charge of National Defence and sheds poor credibility on the demand of the Prime Minister that the President should hand over the Defence Ministry as per his request, which in effect, is a demand for the President to violate the Constitution, which she has pledged to uphold. The Prime Minister too is bound by the same pledge while appearing to have bifurcated definitions of the Constitutional Process which he seems to have fashioned to suit his requirements while circumventing its legality.
Therefore the argument presented by the Prime Minister and his advisaries that there can be no handling of the peace process without the Administrations control of the defence Ministry becomes invalid and untenableas there does not seem to be any valid reason why it cannot be handled by an organization such as the Joint Peace Council being promoted by the President, where President and the Prime Minister are Co-Chairmen.
As quoted also in the local news media, examples of such unions and their effectiveness have been positively presented to the world by far greater Nations with much more sensitive issues under a joint consensus and team effort in the settlement of Peace between divides although they have not necessarily involved terrorist organizations which unrelentingly continue to maintain their image and need to ne invalidated as non representatives of the community they profess to do!.
The great power struggles of the Indian Sub Continent and the structuring of the great European Democracies as the aftermath of the struggles of the masses as some examples have at best been resolved essentialy through joint consensus where the defence of any Nation and its Sovereignity once established has never been compromised and the unity of the leaders involved impeccable towards maintaining unitarity and becomes in the case of Sri Lanka also a point to ponder upon as to where exactly the Peace process is headed otherr than into a quagmire of uncertainty with a terrorist entity standing by to capitalize on the marginal errors of Sinhala disunity!
Unless the Prime Minister places the best interests of the Nation as a foremost priority through joint consensus in agreement with the President who has proposed and stressed the importance of the incumbent administration's need to be involved in peace Negotiations, after setting in place very effectively the ceasefire and Memorandum of Understanding towards continued Peace within Sri Lanka, and casting aside personal differences and political rivalries indicative of the power struggle refered to by many external sources in a misconceived sense, all the efforts towards establishing a viable and prudent peace within Sri Lanka will continue to be a speculated goal overshadowed by circumspect conjecture towards the ability of the entities involved to deliver and a great injustice to the ever patient Nation and its citizens of multicultural diversity whose adversities appear to be based on petty squabbling!
It seems the bounden duty of the leaders involved to cast aside their differences and join hands towards restoring a lasting peace to Sri Lanka where the imperative need towards assuaging the evils of the past through negotiated settlement between the affected communities can only be fulfilled within the parameters of legality presented through the Constitution and the only alternatives if any, the privilege of a two third majority which if unattainable is best disposed until the required unity formulates itsef through the will of the people and a matter which needs to be viewed objectively by both the President and the Prime Minister.
Reason enough for the terrorist faction involved in the dialogue towards giving serious thought to decommissioning of weapons, giving up objectives towards secession and presenting themselves as part of the civilian community they belong to on a relenting path towards atoning for their past crimes where their infamous leadership is handed over to the law enforcement agencies in their quest for meting out justice if they have any ambitions towards being absorbed into mainstream Sri Lankan Society as the only logical repreive they can be accorded.
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