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NEW CONSTITUTION & RECONCILIATION : SRI

LANKAN DIASPORA COMMUNITIES CAN MAKE


A VITAL CONTRIBUTION

Image: Different but equal (file photo of a agitation held in Colombo)

09/10/2017

Our Constitution should help foster a society that nurtures a culture of peace
based on mutual respect, understanding and cooperation. A constructive dialogue
within and between the Sri Lankan diaspora communities around the globe can
make a vital contribution towards building trust and reconciliation, and help
create a more favourable environment for durable peace. We emphasise the
need for stakeholders to encourage and enable new opportunities for dialogue
between communities of Sri Lankan origin in Australia and beyond with a view to
developing consensus on the proposed constitutional reforms. says a joint
communiqu, issued by the Australian Advocacy for Good Governence in Sri
Lanka Inc.

The joint communique has been issued after a workshop held on the the Interim
Report of the Steering Committee of the Constitutional Assembly of Sri Lanka. The
workshop, facilitated by Emeritus Professor Joseph Camilleri of La Trobe
University and guided by Associate Professor Ken Coghill of the Monash
University has discussed specific topics including the role of constitution, rule of
law, devolution of power, separation of powers, judiciary and judicial
independence, independent regulatory bodies, accountability and reconciliation.
Dr Jayampathy Wickramaratne, MP and Presidents Counsel, has provided a
useful update via video link on the workings of the Steering Committee and
answered several questions raised on the Interim Report.
The full text of the joint communique:

Workshop on Constitutional Reforms in Sri Lanka 24 September 2017

Organised by the Australian Advocacy for Good Governance in Sri Lanka (AAGGSL)

Joint communiqu by the participating organisations and individuals


Preamble:

With the release of the Interim Report of the Steering Committee of the
Constitutional Assembly of Sri Lanka on 21 September 2017, the debate over
constitutional reforms has begun earnestly. We welcome the Interim Report and
recognise the positive contribution it makes for the purpose of developing an
inclusive and harmonious Sri Lanka.

This is a great opportunity to develop a constructive dialogue among the


stakeholders, both local and overseas, so that the country as a whole will embark
on a new political path respecting and recognising its ethnic diversity.

The Constitution sets out Sri Lankas basic law and the system of government,
including how Parliament works, what power it has, how the Parliament and local
elected bodies share power and the roles of the Ministers and the Courts. It also
reflects the principles and values by which the countrys people wish to be
governed.

As sovereignty is derived from the people, the citizenry need to actively and
constructively participate in this important conversation, articulating their views
prudently to build consensus on the complex issues that affect their lives and
governance.

Constitutional reforms, therefore, should aim at ensuring good governance with


the legitimate interests and security of all communities of Sri Lanka at heart,
including protection of their unique cultures and languages.

A better, fairer and equitable future can only be built upon respect for the human
rights of all citizens irrespective of their ethnicities, including the rights outlined in
the International Covenant on Civil and Political Rights.

With the above considerations in mind, Australian Advocacy for Good Governance
in Sri Lanka (AAGGSL) organised a workshop on Constitutional Reforms and
Reconciliation in Sri Lanka on Sunday, 24th September at the Darebin
Intercultural Centre in Preston, Victoria, Australia.
Deliberations:

The workshop, facilitated by Emeritus Professor Joseph Camilleri of La Trobe


University and guided by Associate Professor Ken Coghill of the Monash
University, discussed specific topics including the role of constitution, rule of law,
devolution of power, separation of powers, judiciary and judicial independence,
independent regulatory bodies, accountability and reconciliation. Dr Jayampathy
Wickramaratne, MP and Presidents Counsel, provided a useful update via video
link on the workings of the Steering Committee and answered several questions
raised on the Interim Report.

Participants representing Sinhala, Tamil, Muslim and Burgher expatriate


communities of Sri Lankan origin in Melbourne deliberated on the just issued
Interim Report of the Steering Committee of the Constitutional Assembly of Sri
Lanka, including the observations and comments contained therein, made by the
Steering Committee Members. And undoubtedly, we find further enhancements
are necessary.

The following is our collective and considered position on the constitutional


reforms being deliberated in Sri Lanka, which we hope will lead to the most
desirous outcomes for all its peoples:
1. Sri Lanka to be known as the Republic of Sri Lanka; Sri Lanka shall have only
one Parliament consisting of the First Chamber (House of Representatives)
and the Second Chamber(Senate) that is representative of the Provinces;
The Second Chamber should consist of equal number of Members drawn
from each Provincial Council and a local person of eminence recommended
by each Provincial Council;
2. The Second Chamber should have powers to review legislation and make
recommendations to the House of Representatives, including specific
powers to ensure the devolved political authorities of the Provinces are not
diluted or interfered with;
3. The Constitution should clearly enshrine the doctrine of Separation of
Powers between the Parliament, the Executive and the Judiciary to avoid
any one group having all the power;
4. The Executive Presidency should be abolished. The Executive powers
should be vested with the Cabinet of Ministers following the doctrine that
human liberty should be preserved by avoiding concentration of powers in
one person or body of persons; If the period of the current executive
presidency is to be extended, it should be only in exceptional circumstances
and only for a very brief period. In that event, a specific process and a time
frame to abolish it should have been agreed upon by the Constituent
Assembly; Executive decisions on any matter including on national security
and lands acquired for security should be subject to judicial oversight;
5. Sovereignty shall be inalienable and shall vest in the people in an undivided
Sri Lanka; Due to the high volume and diversity of subject matter the
Supreme Court deals with, it is prudent to establish a separate
Constitutional Court for resolving urgent constitutional matters of national
importance; While granting maximum devolution of power to provincial
administrations, specific provisions to prevent secession need to be made;
6. The Constitution should recognise the multi-cultural nature of the Sri
Lankan populace;
7. Recognition of Province as the primary unit of devolution with clearly
demarcated and unambiguous national and provincial lists is a pragmatic
way of handling centreperiphery relations; If all parties agree, use of the
term aekiya rajyaya / orumiththa nadu is acceptable, given that the
relevant proposed Article defines aekiya rajyaya / orumiththa nadu means
a State which is undivided and indivisible, and in which the power to amend
the Constitution, or to repeal and replace the Constitution, shall remain with
the Parliament and the People of Sri Lanka as provided in this Constitution;
If people of two provinces desire to form a single unit and so attest at a
referendum held in each of the provinces, the Constitution needs to allow
the people to exercise that democratic right to unify their provinces;
8. The President should appoint Governors, subject to consultation with the
respective Provincial Council and the Parliament; Interference by a
Governor in the decisions of the Board of Ministers of a Provincial Council
should be made if and only if there is a constitutional breach; Ad hoc
interventions by Governors must end and their official functions be guided
by advice received from the Board of Ministers of the Provincial Council;
9. Human rights should be recognised as inalienable and inherent rights of all
citizens; Formal mechanisms should be spelt out to defend this right for all
peoples including the linguistically and socially diverse communities;
10.The State needs to be secular, though a constitutional provision giving
Buddhism the foremost place is acceptable providing the relevant clause
stipulates that all other faiths are to be treated with honour and dignity
with appropriate checks and balances to ensure that they can function in
the community free of discrimination;
11.The Constitution should guarantee civil and political freedoms, including
that of conscience, religion, belief, opinion and expression, as well as
freedom of the press and other media and of peaceful assembly and
association; Anyone whose rights and freedoms have been infringed or
denied should be able to apply for remedial justice to a court of competent
jurisdiction;
12.The Constitution should also guarantee the right to life, liberty and security
in accordance with the principles of fundamental justice; the right to be
secure against unreasonable search or seizure; the right not to be
arbitrarily detained or imprisoned or made disappeared; the right to be
informed promptly upon arrest or detention of the reasons therefore; to
retain and instruct counsel without delay; to be informed of that right; to
have the validity of detention determined by way of habeas corpus; and to
be released if the detention is not lawful;
13.All should be equal before and under the law, which should afford equal
protection and benefit without discrimination based on race, national or
ethnic origin, language, colour, religion, gender, age and mental or physical
disability; Sinhala and Tamil should be recognised as official languages with
equality of status, rights and privileges regarding their use in all institutions
of both Parliament and government; English should be declared a national
language;
14.The declaration of emergency should be subject to Parliamentary approval
within a strict time frame (e.g. two weeks), and be subject to a judicial
review at the earliest opportunity; We strongly disagree with and object to
the proposition that the approval of Parliament and judicial review are not
necessary for imposing Emergency Laws. This would be tantamount to
retaining some of the undesirable and authoritarian powers of the
Executive Presidency;
15.State Land: Constitution should provide for unambiguous and appropriate
administrative mechanism to efficiently and fairly resolve land disputes
between the Centre and Provincial Administrations;
16.The Constitution should provide for improving gender equity and alleviate
the significant under-representation of women in the Parliament.
17.The Constitution should safeguard the Privacy of citizens from being
infringed by data digitisation such as using biometrics, identity
management systems and mass surveillance, and ensure the ethical use of
data and digitisation does not discriminate against anyone or diminish
human rights; The digital and human decision-making processes used
should be explicable, auditable, evaluable, trustworthy and in the public
interest; and
18.The Constitution should recognise the need for environmentally sustainable
developments, reduction of greenhouse gas emissions and participation in
international endeavours to contain Global Warming.
Conclusion:

Our Constitution should help foster a society that nurtures a culture of peace
based on mutual respect, understanding and cooperation. A constructive dialogue
within and between the Sri Lankan diaspora communities around the globe can
make a vital contribution towards building trust and reconciliation, and help
create a more favourable environment for durable peace. We emphasise the need
for stakeholders to encourage and enable new opportunities for dialogue between
communities of Sri Lankan origin in Australia and beyond with a view to
developing consensus on the proposed constitutional reforms.

We call upon the people of Sri Lanka and civil society organisations to engage in a
grassroots level campaign among the voters and politicians for the need for bold
Constitutional Reforms, with checks and balances that are vital to the health of
democracy, peace and prosperity of all peoples of Sri Lanka.
Agreed by the following participants:

Ajith Rajapaksa Australian Advocacy for Good Governance in Sri


Lanka (AAGGSL)

Antony Gratian Australian Tamil Congress (ATC)

Anura Manchanayake Janatha Vimukthi Peramuna (JVP) Melbourne


Branch

Asoka Athuraliya United National Party (UNP) Melbourne Branch

Brian Jeganathan People for Human Rights and Equality (PHRE)


Chitra Bopage Australian Advocacy for Good Governance in Sri
Lanka (AAGGSL)

James Raveendran Tamil Community

Jude Perera MP* Member of the Victorian State Parliament

Kumar Eliezer Tamil Community

Lal Perera United National Party (UNP) Melbourne Branch

Larry Marshal Sri Lanka Invites (SLI)

Lionel Bopage Australian Advocacy for Good Governance in Sri


Lanka AAGGSL

Letchumanan Murugapoopathy Tamil Community

M S Subramaniam Tamil Community

Nalliah Suriyakumaran People for Human Rights and Equality PHRE

Naveen Fernando Janatha Vimukthi Peramuna (JVP) Melbourne


Branch

Prasad Mohotti United National Party (UNP) Melbourne Branch

Pubudu Samaraweera Janatha Vimukthi Peramuna (JVP) Melbourne


Branch

Ranjith Weerasinghe Australian Advocacy for Good Governance in Sri


Lanka AAGGSL

Renuka Senanyake People for Human Rights and Equality PHRE


Shan Manikkalingam Tamil Community

Shyamon Jayasinghe United National Party (UNP) Melbourne Branch

Siraj Perera Australian Advocacy for Good Governance in Sri


Lanka AAGGSL

Sunil Handunpathirana Janatha Vimukthi Peramuna (JVP) Melbourne


Branch

Sithy Marikkar United Sri Lanka Muslim Association in Australia


USMAA

* Hon Jude Perera MP disagrees with the first part of Point 8 above in that he is of
the view that the Chief Minister should appoint the Governor, whose role should
be a ceremonial role.

Prepared in Melbourne, Australia on 10 October 2017


Posted by Thavam

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