Constitutional issues in Sri Lanka- II
- Religion: Despite the existing constitutional position of providing Buddhism the foremost place, the Supreme Court has called Sri Lanka a secular State
- Suggestion: All religions be given equal status while protecting and fostering Buddhism
- Most controversial: The merger of the Northern and Eastern provinces
- One of its suggestions allows the current structure of nine provinces with constitutional provisions for power- sharing
Constitutional issues in Sri Lanka- I
- The official committee on constitutional reforms in Sri Lanka has not been able to arrive at a consensus while making recommendations on several contentious areas
- These include the nature of state, national flag, religion, merger of provinces and land powers
- In many ways, views of the committee present a microcosm of diversities of views and positions in society
- Flag: The committee favours retaining the present national flag or designing one without any reference to ethnicity, while representing Sri Lankan collective life
- Or framing a new flag symbolising the equality of all ethnic groups
- Nature of the state: The panel has suggested three formulations, one has no reference to unitary or federal
- Another proposal uses the term unitary & talks of multi-tier governance systems
Sri Lanka panel proposes Bill of Rights
- The official committee on constitutional reforms in Sri Lanka has come up with an exhaustive Bill of Rights
- It also has provisions for curtailment of powers of the office of Governor, a subject that has been of great interest to the Northern and Eastern Provinces
- If the Bill of Rights as proposed by panel is accepted by the country, it would be among the the most modern documents on rights in the world
- It covers 32 types of rights, ranging from right to life (not included in the 1978 Constitution) to freedom of religion to rights of people with diverse sexual and gender identities
Wigneswaran seeks India’s help on new Constitution
- Context: Sri Lanka is in process of drafting a new Constitution
- Background: The 13th Amendment was an outcome of the 1987 India-Sri Lanka accord
- News: CM of Sri Lanka’s Northern Province called upon India to ensure that the spirit behind the 13th Constitutional Amendment be retained in the new Constitution of Sri Lanka
- India could function as the guarantor of Sri Lankan Tamil interests through the 13th Amendment
- Challenge: There had been a perception among sections of Sinhalese that federalism meant separation
Tamil areas in Sri Lanka are the pockets of poverty
- Context: World Bank study on poverty in Sri Lanka
- News: The regions with the highest rate of poverty in Sri Lanka are areas inhabited by Tamils
- Reasons: Lack of access to the labour market and high unemployment rates, particularly among the youth and among educated women
- Future: Implementation of programmes aimed at improving market accessibility, promote entrepreneurship among educated youth and schemes to help ex-combatants and women-headed households
Sri Lanka divided over India’s possible role in political reform
- Context: External Affairs Minister Sushma Swaraj’s recent visit to Sri Lanka
- Background: India and Sri Lanka signed the 1987 Accord, whose outcome was the 13th Amendment
- Issue: Whether and to what extent India should be involved in the Sri Lanka’s ongoing constitutional reform process
- What is India’s stand? – India is pressing that it should be implemented fully.
- What’s in the Amendment? – It paves the way for the establishment of Provincial Councils all over the country
Colombo yet to end impunity enjoyed by security forces: HRW
- The Human Rights Watch’s annual report shows that the present Sri Lankan govt took no significant measures to end impunity for security force abuse.
- Earlier, the present govt. initiated a new, more open dialogue with the international community in 2015.
- The govt. had also not yet repealed the draconian Prevention of Terrorism Act.
- Although the pervasive culture of fear is largely gone and positive measures have been adopted.
- But, the previous government’s disastrous restructuring of independent state institutions needs to be fully dismantled.
13th Amendment to be basis of constitutional reforms: Chandrika
- The 13th Constitutional Amendment would certainly form part of the basis of constitutional reforms to address the country’s ethnic question.
- The former President said any solution to be worked out should be acceptable to all communities.
- It should embody fundamental freedom with respect to religion, worship, speech and thought and ensure equal opportunities.
- She stressed that alongside accountability, reconciliation programmes are extremely important.
Sri Lanka may have new Constitution by mid-2016
- The 1978 Constitution of Sri Lanka may well become a thing of the past by the middle of next year if the present plan fructifies.
- Govt. has proposed to convert the existing 225-member-strong Parliament into Constitutional Assembly.
- The 1972 Constitution was billed as the country’s first republican Constitution.
- However, the 1978 Constitution, ushered in the system of executive presidency.
U.N. envoy hails 19th amendment @Sri Lanka
- The 19th Constitutional Amendment envisages a dilution of powers of the Executive Presidency and other constitutional reforms in Sri Lanka.
- United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein believes that this will bring a renewed hope for democracy and the rule of law.
19th amendment only half way measure to abolish executive presidency
“The government itself has gone public saying that it could not go the full distance,” Jayampathi Wickramaratne, a constitutional lawyer who was involved in drafting the 19A, said.
If you are talking of percentages the powers of the presidency have been reduced by about 60 to 65%.
Sri Lanka adopts 19th Amendment
- The legislation envisages the dilution of many powers of Executive Presidency, which had been in force since 1978.
- The 225-strong Parliament cleared the Bill with 212 members voting in favour of the legislation. 10 were absent – 1 voted against – 1 abstained.
- Among the important features of the Bill:
- The reduction in the terms of President & Parliament from 6 years to 5 years
- Re-introduction of a 2-term limit that a person can have as President
- The power of President to dissolve Parliament only after 4 1/2 years [unlike one year, as prevalent now]
- The revival of Constitutional Council & the establishment of independent commissions.