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Foreign Minister Lakshman Kadirgamar said that the doors were still open to the main opposition to reach agreement on the outstanding issues. The PA-UNP discussions concluded last night without reaching overall agreement. This was stated at a press conference this morning attended by the PA delegation, which engaged in talks with the UNP. However, the UNP, which met the press in the evening, charged that agreement was not reached because of problems concerning the Post of Vice President, which they claimed was unconstitutional, and the formation of a National Cabinet. The press release issued by the PA delegation is as follows: In his letter dated 21st August, 2001, inviting the Leader of the United National Party (UNP) for formal discussions on the possibility of a government of consensus being formed between the Peoples’ Alliance (PA) and the UNP, the Prime Minister stated that this question has been the subject of much discussion in the country in recent months, and that informal discussions between the PA and the UNP had already been held at various levels. The Prime minister stressed that as far as the Government is concerned an alliance between the Government and the UNP can only be justified by the adoption of an agreed programme of action for the common good of the country and our people. He made it clear that the continuing economic and social welfare of our people should be the paramount consideration in this programme of action. He laid special stress on the "'immediate priority" which should be to bring the ongoing armed conflict to an. end through a negotiated settlement of the ethnic question. He emphasized that joint endeavours should be made, on the one hand, to engage the LTTE in constructive negotiations and, on the other, to make constitutional arrangements to guarantee the rights of the minorities. He stated that the next priority should be electoral reforms, to bring in a system of elections that would properly and equitably reflect the majority will of the people whilst guaranteeing equitable representation to minority communities and groups. The abolition of the executive Presidency, the strengthening of Parliament and the position of the Prime Minister should also receive our urgent attention. In his reply, the Leader of the UNP stated that he would “refrain from commenting on the (Prime Minister’s) suggested framework of priorities". Instead, he drew attention to the proposals endorsed by the joint opposition in Parliament, namely, the immediate reconvening of Parliament, the cancellation of the referendum, the establishment of five Commissions in line with the draft prepared by the joint opposition -the Elections Commission, the Police Commission, the Judicial Services Commission, the Media Commission and the Public Service Commission. The Leader of the UNP added that those issues should be taken up as a matter of priority. Thus, it appeared from the exchange of letters that to the PA "the continuing economic and social welfare of the people” should be the “paramount consideration" in the common programme of action, and that the "immediate priority" should be "to bring the ongoing armed conflict to an end through a negotiated settlement of the ethnic question". To the UNP these two matters were not priorities. When the discussion began the PA delegation proposed, and the UNP delegation accepted, the following agenda for discussion: 1. A common National Agenda 1.1 Seeking an end to the armed conflict 1.2 Constitutional arrangements for the guaranteeing of minority rights 1.3 Electoral reforms and abolition of the executive Presidency 2. Common programme for the continuing economic and social well being of the people. 3.The three items -stated in the letter sent by the Leader of the UNP to the Prime- Minister. 3.1 Reconvening of Parliament 3.2 Cancellation of the Referendum 3.3 Establishment of independent Commissions 4.Time frame for the implementation of the above Agenda 5. Modalities of working together The respective delegations comprised, on behalf of the PA, D. M. Jayaratne M. P., General Secretary of the PA, Mahinda Rajapakse M. P., Anuruddha Ratwatte M. P., Nimal Siripala.de Silva M. P., Mangala Samaraweera M. P. and Lakshman Kadirgamar, P. C., M. P.; and on behalf of the UNP, Karu Jayasuriya M. P., Deputy Leader of the UNP, Tyrone Fernando, P. C., M. P., K. N. Choksy P. C., M. P. and Charitha Ratwatte, Chairman of the UNP. The delegations decided at the outset that "subject to overall agreement on the items in the agenda", each item would be taken up and the result of the discussion on it recorded and agreed by the delegations themselves, as the discussion proceeded. The final decisions would be taken by the leadership of the two parties. No persons other than the members of the delegations were present during the discussions. The results of the discussion, as recorded, were as follows: On the first day of the discussion (25th August) – 1. Parliament will be reconvened on 7th September 2001, or earlier; there will be no further prorogation of Parliament during the period of the agreed time frame for the implementation of the programme; the Referendum fixed for 18th October will be cancelled. 2. The PA delegation undertook to consider the draft 17th amendment to the Constitution tabled by the UNP at this meeting and to express its view thereon. 3. The PA delegation stated that it agreed in principle to the establishment of the Elections Commission, the Public Service Commission and the Judicial Service Commission. 4. The delegations agreed that there should be a negotiated settlement of the armed conflict. The PA delegation tabled for consideration a draft statement on this matter to be issued as a joint statement. The UNP delegation agreed to consider the statement and express its view thereon at the next session. 5. The delegations agreed to discuss and implement constitutional arrangements for guaranteeing minority rights. 6.The delegations agreed that electoral reforms are necessary and should be discussed and implemented by constitutional amendments. The delegations also agreed to consider the future of the Executive Presidency. 7. The delegations agreed upon the necessity for arriving at and implementing a common programme for the continuing economic and social well being of the people, the steps to be worked out by a mutually agreed task force. On the second day of the discussion (27th August) – 8. With regard to the draft statement tabled by the PA on the question of a negotiated settlement of the armed conflict the delegations agreed that in view of the prime importance of bringing about peace a statement will be issued in the event of an overall agreement being reached. 9. The delegations agreed that constitutional arrangements in respect of minority rights and the future of the Executive Presidency be agreed upon and implemented within a period of six months, but in any event not exceeding 12 months. The delegations agreed that a committee comprising representatives nominated by each delegation consider, discuss and report on the chapters relating to the Constitutional Council, Elections Commission, Public Service Commission and Judicial Service Commission contained in the draft 17th amendment to the Constitution tabled by the UNP delegation on 25th August. 10. The Constitutional Council, and these three Commissions will be established within a period of three months and electoral reforms will be enacted in a separate bill simultaneously. 11. It was further agreed that the Media Commission will be considered within a period of six months. The Police Commission will be established within four months. 12. It was further agreed that the Executive Presidency will continue in terms of the Constitution until such time as the necessary constitutional reforms are agreed upon and implemented. 13. With regard to the time frame for the implementation of the common programme, it was agreed that an initial period of two years be fixed, extendable by mutual consent in the national interest, but in any event not exceeding the constitutional period of the current Parliament. In the event of any termination of the implementation of the common programme prematurely Parliament will be dissolved and a general election held. The two delegations appointed a sub-committee comprising ministers Mahinda Rajapkse and Nimal Siripala De Silva and Karu Jayasuriya, Tyrone Fernando, K.N. Choksy, R.K.W. Gunasekare and Dr. Jayampathy Wickremaretne to consider in detail the draft proposals concerning the various Commissions to be established, taking into account the draft 17th amendment tabled by the UNP and the provisions on these Commissions in the PA's draft Constitution. The sub-committee completed its work. No agreement was possible on the question of the exercise of the powers of the President in relation to the Prime Minister. Under the present Constitution the President shall be a member of, and the Head of, the Cabinet, and the Cabinet shall be charged with the direction and control of the Government and shall be collectively responsible and answerable to Parliament. It is the President who shall “in consultation with the Prime Minister, where he considers such consultation to be necessary”, determine the number of Ministers, their subjects and functions, and appoint Ministers from among the Members of Parliament. The Constitution confers on the President other powers, such as the power to summon, prorogue and dissolve Parliament, declare a referendum, make the Statement of Government Policy, appoint and remove Secretaries of Ministeries, Chief Secretaries of Provinces etc. without consulting the Prime Minister or any other person. The UNP delegation proposed that all these Presidential powers be exercised in conjunction with (meaning together with) the Prime Minister, thus derogating considerably from the powers conferred on the President by the Constitution. The PA delegation stressed that while President Kumaratunga was willing as a working arrangement to exercise all the powers conferred on the President in consultation with the Prime Minister, even where such consultation is not required by the Constitution, the PA delegation was of the view that the substantial derogation from Presidential powers envisaged in the UNP’ proposal could not be implemented without an amendment to the Constitution requiring a 2/3rd’s majority and a referendum. Such a major redistribution of the powers and functions conferred on the President and Prime Minister respectively by the Constitution would be a violation of the Constitution and can not be effected without consulting the people at a referendum. The PA delegation proposed that a post of non-executive Vice President be created which would require a constitutional amendment with a 2/3rd’s majority but no referendum, the first incumbent of the post to be the present Prime Minister. This proposal was jointly drafted by the two delegations but was not acceptable to the Leader of the UNP. The PA delegation informed the UNP delegation that President Kumaratunga is willing to consider the possibility of appointing the leader of the UNP as the Prime Minister, subject to "overall agreement” on the matters discussed between the two delegations. Although President Kumaratunga and the PA delegation did their utmost to secure agreement on the establishment of a government of consensus within 'the scope of the present, this was not possible as the attitude of the UNP leadership appered to be unreasonable in all the circumstances. The PA delegation wishes to express particular regret that its draft statement inviting the LTTE to commence negotiations together with the implementation of the necessary measures to alleviate any hardships and dangers to civilians affected by the ongoing conflict and the immediate declaration of a mutually agreed temporarily halt to offensive military operations could not be issued as a joint statement in the absence of an overall settlement of the items on the agenda. The PA delegation, on behalf of President Kumaratunga, earnestly appeals to the UNP to agree to issue this statement, as a joint statement, even at this stage, so that, finally, the two major parties could raise the resolution of the ethnic question to the level of the highest priority that supercedes all other considerations of domestic politics on the national agenda. Finally, the PA delegation wishes to convey to the members of the UNP delegation their warm appreciation of the consideration and cooperation extended during the discussion.
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