Archive for September, 2010

What are we waiting for?

There is no doubt that the proposed constitutional amendment is merely a means of consolidating the dynastic ambitions of the Rajapakses. And clearly, the largest opposition, the UNP is quietly imploding and incapable of fulfilling its responsibilities and it is futile to hope that the amendment will be defeated in parliament. At this moment, probably the most crucial moment in Sri Lanka’s contemporary history, the Leader of the Opposition is out of the country on a ‘private visit’! This surely underscores his utter lack of concern for the good of this country, his political ineptitude and his callousness. Certainly, we cannot look to him for inspiration. Mahinda Rajapakse could not have asked for a better Leader of the Opposition. And Rauf Hakeem’s pathetic defence of his capitulation, that he was facing ‘reality’ and taking a ‘pragmatic political decision’ seems to reflect the views of the majority of politicians in this country who have defended this amendment or worse still stayed…

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A timeline of duplicity: Promises to abolish the Executive Presidency

Groundviews created this timeline to highlight various promises and statements made by the President and government over abolishing the office of the Executive President. Click and drag the slider at the bottom of the timeline above to adjust the time scale. Click here to view larger version of this timeline, where you can also view it as a list of events / stories. Click on any pop-up / event to get a URL link to the full news story. This timeline only records select statements and news stories after October 2009. A Google search of news stories from 2005 to 2008 reveals a number of instances where the incumbent President promises to abolish the office of the Executive Presidency, in line with his Mahinda Chintanaya manifesto of 2005 (e.g. President pledges Constitutional reforms). And even before, in 2003, Mahinda Rajapaksa, as leader of the opposition noted that, “As a party we still stand for the abolition of the executive presidency. Until…

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AT THE CUTTING EDGE OF PUBLIC DEBATES: Encounters with Mervyn de Silva, 1960s-1980s

Image courtesy Transcurrents The odd story about former undergraduate Mervyn de Silva would be retailed around the corridors of Peradeniya campus when I was residing there as an undergraduate from 1957, an indication that he had etched his mark in campus memories. But I never encountered him or his work till I was a lecturer much later in the 1960s and 1970s when I was teaching in the Department of History from 1966 and became heavily involved in the discussions of the Ceylon Studies Seminar from 1969. As its foundational Director-Dogsbody I was intimately involved in its operations.  The Ceylon Studies Seminar was a discussion group that debated a wide range of issues concerned with Sri Lanka’s history, sociology and politics and thus encompassed development studies. It was interdisciplinary in the best tradition and its seminars depended on pre-circulated (cyclostyled) papers, though occasional talks were also encompassed. Given that I had never involved myself in political debates as an undergraduate,…

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The 18th Amendment: Constitutional Reform as the Consolidation of Power

Politics is about power and the constitution is about protection of the people against the excessive concentration and exercise of that power.  Politicians need power to govern and people need government to establish the framework, which facilitates the exercise and enjoyment of their fundamental rights and freedoms.  Whilst it may well be a done deal by the time this gets into print, it is worth still raising the question of as to whether the 18th Amendment to the Constitution protects the people or privileges those in power to the extent that the people’s exercise and enjoyment of their rights could be imperiled. The key features of the 18th Amendment sent to the Supreme Court for its scrutiny as urgent in the national interest are the removal of the term restrictions on an incumbent contesting the presidency and the abandonment of the Seventeenth Amendment.  The former means that we now move from two terms to any number of times for the…

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The 18th Amendment to the Constitution: Process and Substance

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The President has proposed to make changes to the constitution via an urgent bill.  The changes known as the 18th Amendment to the Constitution, seek to remove the two term limit on being elected to the office of the President and the Constitutional Council under the 17th Amendment.  As required under the Constitution, the President has referred the urgent bill to the Supreme Court.  Supreme Court heard the Government’s arguments and the arguments of six intervening petitioners on Tuesday 1 September 2010.  These changes have not been discussed in the public domain and they are sought to be made in secret.  It is important to note that even at the Supreme Court hearing the intervening petitioners were only given copies of the proposed changes after the government started making its submissions.  This article explains how the Constitution can be amended, what the key changes are and the legal arguments advanced in favor of and against the changes. Procedure for changing…

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  • 2 Sep, 2010
  • 6 Comments
  • Mannar,
    Peace and Conflict,
    Reconciliation

Synthesis of Personal Reflections: Reconciliation, Sri Lanka Unites and Me

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Ever since reading the article by E Pluribus Unum on Groundviews “A Critique of Sri Lanka Unites: Freedom has not made itself known”, I have felt compelled to respond to it,  but was unsure about how and when . At the back of the triumph of the “Future Leaders Conference, Season-2”, I think the time is now ripe. This reflection serves to share my personal insights into several arguments raised by Mr. E Pluribus Unum and other relevant issues. What does reconciliation mean for an 18 -year -old, middle class lad from Mannar? What does absence of war mean to a person who has had firsthand experience of discrimination, shelling, killing, heavy checking  and pass systems? Is there a difference between War and No War? My personal understanding of reconciliation is, at the core, a fundamental transformation which turns hatred into love. From an 18 year old perspective reconciliation bears little or no relevance to the prevailing political situation, to…

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Official transcript of LLRC oral submission by Mr. Jayantha Dhanapala (Updated)

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Groundviews exclusively carried Jayantha Dhanapala’s response to erroneous and selective media reports of his submission to LLRC a few days ago, in which he promised an authoritative transcript of his presentation and of the question and answer session from the LLRC. A covering note to the media from Mr. Dhanapala and the transcripts were sent to us today. Download the transcript here as a PDF, and another PDF noting the members of the LLRC here. Interestingly, Shamindra Ferdinando, the News Editor of the Island newspaper mentioned on two occasions that he and his newspaper stand by the initial story on Mr. Dhannapala’s submission to the LLRC (see here, and a more detailed explanation of sorts here). Shamindra’s article in the Island, Ex-UN Under Secy General tells LLRC: Intl. laws shouldn’t apply to conflicts between States and terrorist groups published on 25 August, had Mr. Dhanapala ostensibly saying that, “International Humanitarian Law (IHL) should not be applied to Sri Lanka’s war against…

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Outrageous process and substance: The proposed 18th Amendment to the Constitution

Rohan Edrisinha lectures at the Law Faculty, University of Colombo and is also a Director at the Centre for Policy Alternatives. In this succinct interview conducted by Vikalpa today, Rohan flags serious concerns over the government’s proposed 18th Amendment to the Constitution. Salient points made by Rohan are, Significant problems with the process through which the Amendment was introduced – it was rushed, not consultative and couched in secrecy. Few outside government even had access to the proposed Amendment before it was sent to the Supreme Court. The Amendment goes against the promises in the President’s own Mahinda Chintanaya in 2005 and 2010. Completely undermines the 17th Amendment, with severe implications for, inter alia, the conduct of democratic elections. Cumulative effect of the proposal totally undermines the depoliticisation of democratic institutions. Hopes the Supreme Court will say  a referendum is needed before such a fundamental change to the Constitution is introduced. In Strange proposals and broken promises: Constitutional reform in Sri…

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About Groundviews

Located at the Centre for Policy Alternatives in Colombo, Sri Lanka, Groundviews is a citizen journalism website that uses a range of genres and media to highlight critical perspectives on governance, reconciliation, human rights, the arts and literature, democracy and other issues. The site has won two international awards, including the prestigious Manthan Award South Asia in 2009. The grand jury's evaluation of the site noted, "What no media dares to report, Groundviews publicly exposes. It's a new age media for a new Sri Lanka... Free media at it's very best!"

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