US embassy cable - 05COLOMBO1446

UNCLAS COLOMBO 001446 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, CE, Elections, Political Parties 
SUBJECT: SRI LANKA: ELECTION COMMISSIONER INDICATES 
PRESIDENTIAL ELECTIONS BY YEAR'S END 
 
REF: A. COLOMBO 1106 
 
     B. COLOMBO 1354 
 
1.  (SBU) SUMMARY: Responding to a case filed by the 
opposition Jathika Hela Urumaya (JHU) party with the Supreme 
Court (SC), Election Commissioner (EC) Dayananda Dissanayake 
on August 15 affirmed that President Chandrika Bandaranaike 
Kumaratunga's second term began in December 1999--a tacit 
acknowledgment that Presidential elections must take place by 
November 2005.  The EC's statement is the first public 
indication of his views since debate over the end of the 
President's term began brewing a year ago.  The SC, which 
will begin deliberations on the JHU petition on August 22, 
could still overrule the EC's interpretation.  END SUMMARY. 
 
2. (U) A new chapter in the continuing controversy over the 
end of President Kumaratunga's term--and thus the date for 
Presidential elections (Reftels)--unfolded when EC Dayananda 
Dissanayake on August 15 filed his response to the JHU 
petition before the Supreme Court on the subject of the 
election date.  (Note: Constitutional rules are vague when an 
incumbent calls for early elections during the first term in 
office (Ref B). While the Constitution allows a single person 
to hold two six-year terms as president, the debate stems 
from the lack of clarity on the exact date a second term 
begins if early elections are called. The Opposition 
maintains the President's second term began when she was 
sworn into office in December 1999.  The President and her 
Sri Lanka Freedom Party (SLFP) on the other hand, contend 
that the clock on her second term did not begin ticking until 
a full six years after her first term began in 1994. End 
Note.) Dissanayake, who is named as a defendant in the JHU 
case, affirmed to the Court that the President's second term 
began on December 22, 1999.  Although Dissanayake's response 
stopped short of explicitly stating when elections should be 
held, simple arithmetic dictates elections before the end of 
the year.  The opposition United National Party (UNP) 
welcomed Dissanayake's decision, stating that it proved the 
constitutional legality on the presidential election question. 
 
3.  (U)  If elections are to be held this year, Dissanayake 
must announce the date of the election between August 27 and 
October 9.  Dissanayake's response to the JHU petition did 
not tip his hand about the timing of such an 
announcement--other than to affirm that it would be made 
within the constitutional parameters. 
 
4. (U) The Supreme Court is scheduled to begin deliberations 
on the JHU case on August 22.  While the Constitution gives 
the Election Commissioner the power to announce the election 
date, if the Supreme Court decides in favor of the SLFP's 
counter-claims that the President's second term did not begin 
until November 2000, the Supreme Court ruling will hold, and 
elections will likely be postponed until 2006. 
 
5. (SBU) COMMENT: Before the JHU petition was filed, the EC 
shied away from public comment on the controversial question 
of the President's second term and the date for elections. 
His response to the JHU petition makes clear that Dissanayake 
intends to announce elections in the next month or two. It 
remains to be seen how the Supreme Court--including the 
President's close personal friend, Chief Justice Sarath N. 
Silva--is leaning on the issue.  END COMMENT. 
ENTWISTLE