PA-JVP
Memorandum of Understanding
The
Memorandum of Understanding reached between D. M. Jayaratne, Secretary of the People's
Alliance on behalf of the People's Alliance on one part and Tilvin Silva, Secretary of the
Janatha Vimukthi Peramuna on behalf of the Janatha Vimukthi Peramuna on the other on this
5th day of September, 2001 at Colombo.
The two parties stand bound by the following agreements
and conditions, namely;
1. The period of validity of this
Memorandum of Understanding will be only one complete year beginning of 5th September,
2001 and ending on 4th September, 2002.
2. (I) If the People's Alliance intends
to take policy decisions or courses of action outside of these agreements that conflict
with or have an effect contrary to them, the People's Alliance as one party to the
agreement, agrees to obtain the prior concurrence of the Janatha Vimukthi Peramuna the
other party to the agreement on all occasions they intend to take such decisions or
courses of action.
(II) The Janatha Vimukthi Peramuna
agrees not to launch on any course of action that tends directly to destabilise or topple
the People's Alliance Government during the period this Memorandum of Understanding or its
period of proper implementation. The Janatha Vimukthi Peramuna agrees to extend the
necessary support to the continuance of the People's Alliance Government with stability in
Parliament during this period.
3. The People's Alliance should
immediately cancel the Referendum that was first scheduled to be held on August 21, 2001
as announced by the President by the Government Gazette No. 1192/16 and later postponed to
October 18, 2001 by Government Gazette No. 1196/18. (This Referendum has already been
cancelled).
4. The People's Alliance should
reconvene on or before September 6, 2001 the Parliament of the Democratic Socialist
Republic of Sri Lanka prorogued by direction of the President by the Government Gazette
bearing No. 1192/16. (Parliament has already been reconvened).
5. The People's Alliance agrees to have
passed by Parliament the proposed 17th amendment to the Constitution drafted by the full
agreement of all the parties of the Opposition included in the schedule to the Memorandum
providing for the creation of the following institutions subject to essential amendments
acceptable to both parties to the Memorandum of Understanding, on or before September 24,
2001.
a) Constitutional Council
b) Independent Public Service Commission
c) Independent Judicial Service Commission
d) Independent Election Commission and
e) Independent Police Commission
The Constitutional Council should be established before
October 5, 2001.
6. The two parties to the Memorandum of
Understanding agree to prepare legislation to establish an Independent Media Commission
within 6 months from the date hereof.
7. The two parties to the Memorandum of
Understanding agree to present to Parliament within 6 months from the date hereof
amendments to the Constitution for the abolition of the Executive Presidency and vesting
executive power in Parliament and formulation and adoption of an electoral system which
ensures reasonable representation of the will of all ethnic groups in Parliament and for
holding of the General Election under a caretaker Government. This condition applies to
the first General Election that will be held after this amendment to the Constitution.
8. During the period of validity of this
Memorandum of Understanding:
(a) steps should be taken to prevent
rises of prices or cost of essential consumer commodities and services such as fuel, milk
powder, sugar, flour, rice, drugs, electricity, gas, water, bus and train fares. When
costs of other goods or services increase due to external reasons, the Government should
intervene and take measures to control same to the maximum possible extent,
(b) if there are plans to privatise
public or social property such as water resources, banks, insurance ventures, the People's
Alliance agrees to withhold such action during the one year period this Memorandum of
Understanding remains valid, and
(c) excepting monetary agreements
already entered into and those to be signed in consequence of them, not to enter into
trade agreements or financial agreements that could be detrimental to the interests of the
country.
9. In the same manner as after the 1994
General Elections Her Excellency the President wrote-off cultivation loans amounting to
Rs. 6000 million given to farmers and repayment of which had gone into arrears, the
People's Alliance Government will take action before 30.09.2001 to write-off loans given
to farmers from the Maha Season of 1999/2000 to the Yala Season of 2001 at rates ranging
upto Rs. 20,000 to each (inclusive of the full amount of Rs. 20,000) for paddy and
plantain cultivation. Further, the People's Alliance Government will take action to
properly look into the position of other loans different in category and amount to these
loans and afford any possible relief to the farmers in respect of them.
10. The People's Alliance agrees to
appoint a Task Force with full authority to investigate about persons or institutions who
had obtained large scale loans for business purposes and thereafter neglected repayment of
such loans and, reasons for such neglect and to recover such outstanding monies in terms
of the recommendations of the Task Force within three months of entering into this
Memorandum of Understanding.
11. The People's Alliance agree to
appoint a Select Committee representing all political parties represented in Parliament
with a view to finding short term solutions to problems faced by local industrialists and
businessmen and to take action within three months of entering into this Memorandum of
Understanding to rehabilitate such ventures taking into consideration recommendations of
such Select Committee, made after a wide consultation of views of relevant parties.
12. The two parties agree to appoint
Committees of persons with specialist knowledge and experience in respect of the subjects
of all Ministries on a basis of consensus, before the lapse of two months from the date of
entering into this Memorandum of Understanding.
13. The Peoples' Alliance agrees to
remitting voluntarily by the President, Members of the Cabinet of Ministers, Deputy
Ministers and Members of Parliament to the Consolidated Fund half their salary during the
whole period of validity of this Memorandum of Understanding and to make available monthly
to both parities to Memorandum of Understanding reports on such remittances through the
Ministry of Finance.
14. The two parties agree to embark upon
the following measures, namely:
(a) To impose a ceiling on traveling
abroad of both Ministers and Members of Parliament and Officials at state expense as has
already been done.
(b) To impose a ban on the importation
of luxury vehicles for Ministers and higher officials (The Peoples' Alliance emphatically
states that this practice is already in operation in relation to both Ministers and
officials).
(c) To impose a ceiling on the fuel
allowance currently given to Minister and Members of Parliament and higher officials as is
the practice already adopted.
(d) To find suitable alternate buildings
at lesser cost to the Government for the Ministries and State Institutions, if they are
presently housed in buildings on payment of high rentals by the Government inspite of the
availability of buildings at cheaper rates with adequate facilities.
(e) Not to incur any expenditure during
the one year period the Memorandum of Understanding is in force, on construction work of
the President's House which is now in progress.
Both parties also agrees to appoint a panel comprising
representatives of both parties to ensure conformity with the aforesaid matters.
15. The Peoples' Alliance agrees to
restrict the number of Cabinet Ministers to 20 and appoint a corresponding number of
Deputy Ministers and not to create "Project Ministries" or portfolios to be
otherwise designated other than the portfolios and Ministership that are mentioned herein,
during the one year period the Memorandum to Understanding is in force.
The Peoples' Alliance agrees to carry out the above
mentioned changes to be effected in the portfolios and the Deputy Ministership within one
week after this memorandum of understanding is signed ie, on or before 12th day of
September 2001.
16. The Peoples' Alliance agrees to
appoint and operationalize within one month after the memorandum of understanding is
signed, a panel with full powers to ensure prevention of fraud and corruption in the
purchases to be made by the Government including Armaments, Aircraft etc.
17. The Peoples' Alliance also agrees to
appoint a Committee comprising representatives of leading Trade Unions to look into the
matters relating to the ILO conventions that have already been ratified but are no longer
in force in Sri Lanka and submit recommendations for the preparation of draft legislation
on such conventions and also look into the matters relating to the Labour Laws that are
already in force in Sri Lanka but are not being effectively imposed and make
recommendations relating thereto. It is agreed by the Peoples' Alliance to frame
legislation on the recommendations of this committee and place such legislation on the
statute book during the one year period the Memorandum of Understanding is in force.
18. The Peoples' Alliance agrees to
adhere to a policy of transparency during the period the memorandum of understanding is in
force to ensure that all appointments, promotions and transfers by the Government are
effected without any discrimination with regard to nationality, religion, sex, party
politics etc.
19. The People's Alliance agrees to
initiate speedy measures to take into custody all illegal firearms that are in the
possession of individuals and underworld gangs and thereby ensure the prevention of
crimes.
20. The People's Alliance agrees not to
bring in during the one year the Memorandum of Understanding is in force, proposals for
devolution of power or any other proposals that may lead to a controversy until such time
that a broad consensus is arrived at through a wide-ranging dialogue with participation of
all segments of the society aimed at reaching a reasonable resolution of the national
question.
21. The People's Alliance agrees to
appoint a Task Force with full powers that could intervene in the matter of amelioration
of the living conditions of the people belonging to all communities: Sinhala, Tamil and
Muslim who were reduced to destitution and are undergoing untold hardship due to the
on-going war and to ensure the uplift of their social lives. It is also agreed by the
People's Alliance to enhance quantum of relief allowance currently being granted.
22. During the period the memorandum of
understanding is in force, the People's Alliance agrees -
(a) To suspend all plans drawn up for
the privatization of education (The People's Alliance emphatically states that there are
not any such proposals under contemplation).
(b) Not to grant permission for the
establishment of private universities (The People's Alliance emphatically states that this
is already the accepted policy). To appoint a panel comprising Academics including
University Lecturers to make such recommendations as are deemed necessary to expand the
national university system and ensure its qualitative development.
23. The People's Alliance agrees to
dissolve Parliament on completion of the one year period after this memorandum of
understanding is signed and conduct a free and fair election under the new electoral
system and the Care Taker Government that is to be set up in terms of the memorandum of
understanding.
24. The Janatha Vimukthi Peramuna
further agrees to the following lines of action:
(a) The Janatha Vimukthi Peramuna agrees
to extend necessary support to the People's Alliance in Parliament on all occasions to
sustain a stable government during the one year period.
(B) The Janatha Vimukthi Peramuna agrees
to contribute to the political stability, which is so necessary to ensure the economic
stability of the country.
(c) The Janatha Vimukthi Peramuna agrees
not to support any subversive line of action to be adopted by other parties that may
result in paralysing the government and the economy. (The Janatha Vimukthi Peramuna
emphasizes that they have already adopted this stance)
25. It is obligatory on the part of both
parties to carry out severally and collectively the aforesaid agreements within the agreed
time frames. In the event of any of the parties not taking steps to carry out any or
several items agreed to, within the specified time frames and if it is also not found
possible for one party to negotiate and arrive at an agreement by prior notice in writing
being given to the other party, both parties agree that either party shall have the right
to withdraw from this Memorandum of Understanding.
26. Both parties agrees to appoint a
supervisory panel comprising Chief Buddhist Monks, Other Religious Dignitaries, Trade
Union representatives, Representatives of the Business Community and Representatives of
professionals, Artistes and Media Personnel to monitor the performance of the aforesaid
agreements and develop modalities for a supervisory mechanism above-referred to.
27. If any dispute arises with regard to
the interpretation of any clause or wordings of the agreement, both parties shall have
discussions among themselves with regard to the interpretation thereof and arrive at a
final decision by consensus.
28. Both parties agree that any clause
or clauses of this Memorandum of Understanding may be amended or fresh clauses
incorporated by mutual agreement if it is deemed necessary to do so.
Done in Colombo on this 05 day of September 2001.
D. M. Jayaratne
Secretary/People's Alliance
Tilvin Silva
Secretary/Janatha Vimukthi Peramuna |