Archive for the ‘Constitutional Reform’

  • 22 May, 2013
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  • Colombo,
    Constitutional Reform,
    Politics and Governance

Review of The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice edited by Asanga Welikala

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Coming as it did at the end of 2012, The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice, is much more than two edited volumes or an extensive anthology. Rather, on close reading it seems more a living embodiment of current and critical debate at the very heart of the Sri Lankan body politic. Here are voices and perspectives from the fields of law, politics, sociology, history, gender and religion (to name a few) that speak to the reader and to each other on both the history and the power of the constitution. It navigates through the past – charting ‘the course from the liberal democratic post-colonial constitutional inheritance to the promulgation of the republic as part of the nation- and state building project’ [i]. Because the volumes give voice to scholarly and political views through specialist thematic writing and interviews, we also get a wide picture of experience and diverse viewpoints. All of the authors deserve…

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People, Politics and the Constitution: Reading ‘The Sri Lankan Republic at 40′ (edited by Asanga Welikala)

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Photo courtesy Vikalpa, taken at the launch of the book in Colombo. Reading a tome on constitutional history, theory and practice – like Asanga Welikala’s edited collection titled The Sri Lankan Republic at 40 – can be a daunting task. For a start, such books have too much to say about constitutions. The more you read about constitutional documents, the more they begin to appear God-like. For a constitutional-skeptic, this is a horrible prospect. Also, the broader discipline of constitutional law often comes across as an esoteric one. In examining the Table of Contents, one senses that much of what is contained in Asanga’s collection (which runs into two large volumes) is for the specialist. With 1166 pages divided into four parts – namely ‘constitutional history’, ‘constitutional theory’, ‘constitutional practice’ and ‘interviews and recollections’ – one feels (and the feeling comes slowly) that it might just not get read during this life-time. Therefore, one is tempted to skip the academic…

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NORTHERN PROVINCIAL COUNCIL: THE DEVOLUTION DEBATE

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I approach this subject as a political scientist, a former diplomat and briefly a Minister in the Cabinet of the North East Provincial Council. At the overlap of these experiences and roles is what is classifiable as a Realist perspective. As a Realist, I reject outright three myths about devolution which have been around for a long time but have been resuscitated in the post-war period. Firstly, that devolution in our context is primarily to do with empowerment of the people and ‘the people’ considered without any ethnic connotation. Secondly, that it was to do with the Tigers and now that the Tigers are no more, there is no case for devolution. Thirdly, that it has to do originally and primarily with India. If I were to put it simply, this is primarily to do with the Tamils and the Sinhalese, or the Sinhalese and the Tamils. In Sri Lanka, there are relatively compact ethnic groups approximately corresponding to certain…

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Towards an Inclusive Constitution for Natural Justice

Police take up position behind a metal barrier as students from a group of universities hold a puppet of Sri Lanka's President Rajapaksa over the barrier during a protest in Colombo

Image from Wall Street Journal The period that we have before us comprises the most motley mixture of crying contradictions: constitutionalists who conspire openly against the constitution; revolutionists who are confessedly constitutional; a national assembly that always wants to be omnipotent and always remains parliamentary; an executive power that finds its strength in its very weakness and its respectability in the contempt that it calls forth…Thus so long as the name of freedom was respected and only its actual realization prevented, of course in a legal way, the constitutional existence of liberty remained intact, inviolate, however mortal the blows dealt to its existence in actual life. (Karl Marx, Eighteenth Brumaire of Napoleon) We should cautiously welcome and proactively engage with the Sri Lankan Government’s latest interest in creating a new Constitution to address the pressing needs of today’s society.  Sri Lanka’s governments since 1972, have been infamous for enacting constitutional reforms, both during and immediately after economic and political crises,…

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Book Review: The Constitution of the Democratic Socialist Republic of Sri Lanka

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Image courtesy National Youth Front A Genre Defying Future Classic on the Psyche of a Republic A contemporary masterpiece that interweaves fact, fiction and fantasy with seamless and vibrant prose, the Constitution is a must read for all literature lovers. The Constitution was first published in 1978 in not one, but three languages – the only piece of literature in the reviewers understanding to be thus translated at its very outset – an indication of the confidence that the authors had in its literary value and broad appeal. Due to popular demand, eighteen new editions have been published since, each with minor (and sometimes major) improvements. The book is so popular that moves in 2000 to cease publication and replace with another text were met with vehement protests and organised book burning ceremonies. In its 34-plus years of existence, the Constitution has truly proved to be a ‘living text’ – an accolade usually reserved for the masterpieces that have stood…

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Sri Lanka’s Descent Towards Oppression

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All photos by the author. Click on each for higher resolution version. Sri Lanka’s descent towards an oppressive State is far from complete; however, recent actions carried out by the government have shown that this is progressing rapidly towards such a regime. Media censorship, impeachment of the Chief Justice of the Supreme Court and intimidation and assault of protesters by government supporters are all signs of regime that is not willing to accept any form of opposition. On Tuesday, 15th January, the Supreme Court was the scene of what can only be described as an exhibition of the strong arm of the regime. Police barricades surrounded the court complex, armoured vehicles and armed STF guards patrolled the streets and over a hundred government supporters gathered in a mob across the road yelling out support for the government. The mob reminded many people of the previous protest that took place outside of the courts which saw supporters of the government assault…

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The devastating impeachment of the Chief Justice in Sri Lanka: Interview with Asanga Welikala

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Image courtesy The Hindu Groundviews interviewed Asanga Welikala, a Senior Researcher at the Centre for Policy Alternatives (the institutional anchor of this website) on the unprecedented constitutional crisis that has gripped Sri Lanka. Over the years, Asanga’s appeared many times on Groundviews, including most recently, speaking about the dynamics of constitution making in Sri Lanka post-independence. He has also contributed some of this site’s most read and quoted articles. For ease of access, engagement and virality on the web, Asanga’s remarkably frank and insightful interview is broken up into segments based on the questions he was asked. Please outline the seriousness of the present constitutional imbroglio regarding the impeachment of the Chief Justice. Why should the ordinary citizen care about what is going on? Many in the South, who consume State media, believe that Chief Justice Shirani Bandaranayake was corrupt, and therefore feel it is justified she was impeached. What is your response to this widespread perception? Since the announcement…

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Appointment of the new Chief Justice in Sri Lanka: Resistance should continue

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Photo by AFP/ Ishara S. Kodikara, via Arab News ‘We won’t allow you to let the judiciary go to hell. We won’t allow you to do that.’ - (Mathiaparanan Abraham Sumanthiran MP) No self-respecting person with integrity, or a shred of concern for justice should accept the President’s offer to become the next Chief Justice of the country. Those who support his bid, including, Vasudeva Nanayakkara who told the “judiciary to go to hell in Parliament on public camera, are guilty of complicity with the government’s bald attack on the independence of the Judiciary and attempt to undermine public confidence in it by twisting truth.  They join the regime in insulting judges, condone thuggery against peaceful dissent, dishonour the supremacy of the Parliament, and internationally disgrace the democratic institutions of Sri Lanka. If the Bar Association accepts the new Chief Justice, they will undermine not only their own credibility but also that of the whole legal profession.  Sri Lanka will join…

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An unprecedented constitutional crisis in Sri Lanka elicits a yawn

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Sri Lanka’s Parliament debated the impeachment of the country’s Chief Justice over two days last week. In the course of these debates, and akin to the critical submissions by him during the equally chaotic and pivotal debate on the 18th Amendment in September 2010, Tamil National Alliance MP M.A. Sumanthiran delivered one of the most widely quoted speeches against the impeachment and in particular, the Icarean stance of the President and members of the ruling party that Parliament was above and beyond the purview of the Courts. After announcing that it would be Sumanthiran’s turn to speak, and in the midst of mindless shouting and general chaos in the Chambers, presiding over one of the most important debates in Parliament ever, what does the Deputy Speaker do? He yawns. And in that precise moment, moments before Sumanthiran’s submission that was, as in 2010 – frequently and rudely interrupted – one saw the Rajapaksa regime’s real interest in, and capacity to…

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The Republic at 40: Four decades of constitution (un)making in Sri Lanka

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The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice is a collection of scholarly essays marking the 40th anniversary of the establishment of the Sri Lankan Republic in 1972, edited by Asanga Welikala. Spanning two volumes and at over 1,100 pages, this is not a tome that can be compressed into 24 minutes of an interview for public television. What Asanga does do is to look at key leitmotifs in the book and look at how the process leading to and the substance of the 1972 constitution continues to influence present day constitutional challenges and the timbre of governance. We begin our discussion by flagging the sketch featured on the cover of the book as well as on a separate page within it, by well-known architect Sunela Jayewardene. Flagging his collaboration with Sunela in Mediated, Asanga notes that the sketch is a visual representation of several of the key aspects of the first republican constitution, including…

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The consequences of the Black Friday impeachment will be game changing

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Image by AP, courtesy The Hindu The Black Friday impeachment is another shameful day in the history of our country. The absolute majority in parliament obtained through dubious means has been used once again by this government to deny justice to the chief justice of our country and undermine the independence of the judiciary. It is not a black day just for the judiciary. It is a black day for every single citizen of this country. In undermining the judiciary and the rule of law, the freedom and liberties that citizens of this country are born with, have been robbed through the tyranny of the parliamentary majority. A year and a half ago when the administration brought an ad hominem bill to expropriate private property I said that democracy denoted by absolute majority rule was very dangerous and could destroy the liberties of citizens in the absence of safeguards to ensure justice, freedom and property rights. It was unfortunate that…

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A legal primer: The impeachment of the Chief Justice in Sri Lanka

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Photo from MSN News Groundviews interviewed Luwie Ganeshathasan, a Researcher in the Legal and Constitutional Unit of the Centre for Policy Alternatives (the institutional home of this website), on several key issues arising from the impeachment proceedings against the current Chief Justice of Sri Lanka, Shirani Bandaranayake. ### Is there provision in the constitution to impeach the CJ? Yes. The Constitution in Article 107 provides for the impeachment of not only the Chief Justice, but any judge of the Supreme Court or the Court of Appeal. Has it happened in the past, how and why? Yes, on several occasions, attempts have been made to impeach judges of the superior courts. In 1983, Justices Wimalaratne and Colin-Thome of the Supreme Court were brought before a Parliamentary Select Committee based on an allegation made by a person involved in a case heard by the Judges. The Select Committee, while not upholding the personal allegations against the judges, expressed reservations about the verdict…

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Impeachment Misadventure and the Advent of the Spring in Sri Lanka

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Photo courtesy Dawn, by AFP “Natural justice is a pledge of reciprocal benefit, to prevent one man from harming or being harmed by another.” Epicurus The iniquitous ex parte guilty verdict of Sri Lanka’s first female chief justice—which according to the Parliamentarian Vijitha Herath is an order from above—is not primarily about her alleged misconduct.  Rather, it is about the Sri Lankan justice system’s struggle to maintain its ability to deliver natural justice independently and against the constraints of country’s Constitution, which has been evolving since British Colonial period, and also against the legislature which uses any means necessary to subordinate the Judiciary to its own particular interests, thereby denying the scope within which the Judiciary can deliver natural justice. Impeachment is not a random blunder, but a survival strategy (a structural necessity) of a regime that derives its legitimacy and security from the forces of capitalism, ethno nationalism, executive presidency, militarism and nepotism, all of which are interconnected and…

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The ICG Report on Tamil Politics and the Quest for a Political Solution: The Blind Spot

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Image courtesy ICG Facebook page The recently released report “Sri Lanka: Tamil Politics and the Quest for a Political Solution” by the International Crisis Group [ICG] is a timely contribution to the international community’s understanding of current Tamil politics, and reiterates a number of useful recommendations for all parties concerned. Its prescient analysis of the prevailing tensions within Tamil politics; its recounting of the failure on the part of the government to reciprocate the Tamil National Alliance’s reasonable demands; and its description of the military juggernaut unleashed in the North and East of the country point to the urgent nature of the problem at hand. Yet, the ICG sound caution where caution is due, urging Tamil leaders to speak directly to the Sinhala and Muslims people and find common cause with them. These are good, meaningful and sensible observations. Despite the unfortunate timing of the release, which coincided with the impeachment saga, the report will eagerly be read by Sri…

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Destiny of a Weerawansa referendum (Abolishing the 13th Amendment)

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Photo courtesy Business Today Minister Wimal Weerawansa, nicknamed as the ‘eldest son of the President’, during the 2010 presidential election campaign, came up with a rather serious proposal some two months back: To have a referendum to abolish the 13th Amendment to the Constitution, the constitutional chapter that deals with devolution of power. Sinhala extremist parties and groups immediately expressed their support to the proposition, and some Colombo-based media still write editorials emphasizing the need for the abolition of 13 A. The suggestion does not merely convey the removal of 13th Amendment; but also means the elimination of devolution of powers, as a concept, from Sri Lankan politics. For now the abolishing campaign has receded mainly because of the political upheaval created by the impeachment against the chief justice.  After the removal of CJ using the parliamentary majority anti 13 A alliances will get back on the streets with force.  The campaign mobilization will be based on war triumphalism and…

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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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