Archive for the ‘Constitutional Reform’

THE SRI LANKAN REPUBLIC AT FORTY: REFLECTIONS ON THE CONSTITUTIONAL PAST AND PRESENT

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Image courtesy Daily News Forty years ago this week, at the auspicious time of 12:34 p.m. at the Navarangahala on 22nd May 1972, a new constitution was signed into law, creating the Republic of Sri Lanka. This was the first time in the history of the island that the republican form of state was established, discounting the period under which parts of the littoral were controlled by the Dutch East India Company during the time the Netherlands were a confederated republic. Given that the political history of the island spans over two millennia from its mytho-historical origins, four decades might not seem like a long time. But looking back to 1970-72, the country and the world in which the first republican constitution was created seems very different from the present, although the continuing resonance of many of the dominant themes of that era are still felt in today’s Sri Lanka. In the Third World, it was the epoch of anti-colonialism…

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DEVOLUTION AND THE CONCEPT OF CONCURRENCY: ABOLITION OR REFORM?

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Among proponents of devolution as a means of power-sharing in Sri Lanka, one of the key bones of contention about the Thirteenth Amendment has been the Concurrent List. This is the list of competences, or ‘subjects’ as they are called in the constitution, over which powers are shared between the central government and the Provincial Councils. This list is part of the broader distribution of powers and functions that are arranged in three lists in the Thirteenth Amendment, the other two being the Reserved List and the Provincial Council List. This tripartite arrangement was no doubt influenced by the Indian constitution, which was the sole comparative referent during the drafting of the scheme of devolution in 1987. The significant difference of course was that devolution in Sri Lanka was intended to function within the hierarchy of norms and institutions dictated by the foundational constitutional concept of the Sri Lankan republic, the unitary state, whereas the Indian system operates according to…

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JAYATISSA, JEYARAJ AND JACOBINISM: DEBATING ‘SRI LANKAN-NESS’ IN POST-WAR SRI LANKA

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Photo courtesy Sri Lanka Guardian Much is being written nowadays about post-war Sri Lankan identity and the challenges of unity in diversity, among which are well-meaning interventions extolling the virtues of building a modernist, inclusive Sri Lankan nation that transcends narrow, parochial ethno-cultural identities. Given the fact that we completely and calamitously muffed the first opportunity to do so at the postcolonial historical moment, and fought a thirty-year ethnic conflict as a result, it ought to be strange that we should once again be resorting to this grand idea with such alacrity. That it is trotted out so uncritically and so often by patently well-intentioned, politically moderate and open-minded people – from the authors of the LLRC report to many political commentators and citizen journalists – demonstrates not only the pervasiveness of this idea in our political imagination but also the limits of that imagination. One such intervention is the recent article by Kamaya Jayatissa, in which a fervent argument…

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In Search of Something More than the 13th Amendment

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Photo courtesy First Post During his recent visit to Sri Lanka, India’s External Affairs Minister, Mr. SM Krishna reminded that President Mahinda Rajapaksa was committed to a ‘13th Amendment Plus approach.’ This has been an old promise of the Government, one which was so prominently made in 2008-2009 as well. The timing of this promise seems perfect; the next session of the UNHRC in Geneva is around the corner. 13A: debate The debate concerning the 13th Amendment to the Constitution of Sri Lanka has now been revived. A useful contribution made in recent times which contains important suggestions regarding the full implementation of the 13th Amendment is that of a principled advocate of federalism, Asanga Welikala (Groundviews, 12 Feb. 2012). Dr. Dayan Jayatilleka argues that the current deadlock can be broken by setting up an interim administration in the North (Transcurrents, 13 Feb. 2012). We remember the numerous contributions made in the past too. One particularly striking and lucid contribution…

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The Full Implementation of the Thirteenth Amendment: What Can Be Done?

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Photo courtesy CNN. AP/Getty Images. There has been in recent weeks a revival of interest in the full implementation of the Thirteenth Amendment, as part of a broader on-going debate triggered by the publication of the report of the Lessons Learnt and Reconciliation Commission (LLRC) about future constitutional reforms addressing the need for devolution and democratisation. As implicitly acknowledged by the LLRC, the salutary need for a new post-war constitution, or substantial reforms to the existing one, is a matter of pivotal importance in moving Sri Lanka from its ‘post-war present’ to a truly ‘post-conflict future.’ These fundamental reforms, however, will involve sustained negotiations among all stakeholders about details of process and substance, and are distinct from the set of issues with regard to how the implementation of the existing framework of devolution in terms of the Thirteenth Amendment might be undertaken. Without in any way foreclosing the need for more substantial reforms, the full implementation of the Thirteenth Amendment,…

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13-SOMETHING & TNA’S M.I.A MOVE

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“Our duty is to fight until the last minute for our country, for our planet and for humanity.” – Fidel Castro, Feb 4, 2012, launching his memoir, ‘Guerrilla of Time’ As world class singers of Sri Lankan Tamil parentage go, MIA isn’t half as good as a new voice, Bhi Bhiman, an American singer of blues–tinged folk music with a voice as clear and mournful as the whistle of a lonesome train coming ’round the bend. MIA’s flair for the theatrical far outstrips her singing talent. Giving the finger at the Super Bowl this month seems however to be politically symptomatic, because Mr. MA Sumanthiran, a sophisticated lawyer-politician, has just done that to the 13th amendment and prospects of a moderate yet substantive degree of power sharing. In an interview given to Namini Wijedasa, ‘MAS’ (as the newspaper bills him) says: “…The 13th is not a proper scheme. We have rejected it…The 13th Amendment was passed in 1987. If it…

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No 13 “Plus”? APRC Proposals are better!

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For the sixth time over, President Rajapaksa snubbed the Indian Big brother, on devolution and 13th Amendment with a “Plus”. He wasn’t an extra smart lawyer in his Attorney’s life. But he still finds logical space between what he says and what he wouldn’t say, to leave the Indian government on their wrong foot. When Indian External Affairs Minister Krishna says, President Rajapaksa in official conversation with him, promised to offer 13 “Plus” as a solution, President Rajapaksa says, he was only discussing the issue. He has “not” promised. The implied message is, the Indian Minister has got him wrong. Not his fault, hence. Or is it ? Its no fault of the Indians also, if the Sri Lankan President can not present his own case clear and straight, for the sixth time, in almost three years. Yet its the fault of the Indian authorities, if they can not elicit even on the sixth meeting, what they want from the…

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Going beyond the 13th Amendment: Newspaper coverage of the Sri Lankan’s President’s assurance to India

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Our affiliate Vikalpa did a short media monitoring exercise anchored to the front page reportage of the Indian Foreign Minister’s official visit to Sri Lanka and the press conference in which the President’s commitment to going beyond the 13th Amendment was reiterated by him. The following is a translation of the report that first appeared on Vikalpa. In addition to the translation below, which deals with the Sinhala and Tamil media, it is interesting to note the differences in reporting the Indian FM’s statement regarding the 13th Amendment between the state-run Daily News and the privately owned Daily Mirror.  The Daily News does not have a single mention of the President’s avowed commitment to go beyond the 13th Amendment anywhere on the front page. The headline quoting the Indian FM, notes that the LLRC report is a basis for reconciliation. There is a photo showing the President, with both his hands, grasping the outstretched arm of the Indian FM. We…

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Is Power Sharing in Land Administration Practical in Sri Lanka?

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Editors note: The author informs us that this Long Reads article is the result of many months of research, and aimed at promoting reconciliation. It is a dispassionate take on a vexed issue, and the author has in recent weeks shared it on a personal basis with selected political figures in the Government and Opposition. It is published on Groundviews with just a few edits. The author predicts that sooner than later negotiators in Government will come to terms with power sharing in land administration. The article is especially timely given the statement to media yesterday by Hon. S.M Krishna, the Indian Minister of External Affairs, that President Mahinda Rajapaksa has promised the full implementation of the 13th Amendment plus, and that the Sri Lankan Government would deliver on its promise. The hope of the author is that his article lays the foundation for a progressive dialogue on this vital issue. Austin Fernando is the author of My Belly is…

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Curated updates from Indian Foreign Minister’s official visit to Sri Lanka

Tweets from Syed Akbaruddin, Official Spokesperson, Ministry of External Affairs, India & other media reporting on Indian Foreign Minister’s official visit to Sri Lanka in January 2012. Note in particular the reference to the implementation of the 13th Amendment Plus by the Sri Lankan government. [View the story "Updates from Indian Foreign Minister's official visit to Sri Lanka" on Storify]

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WILL THERE BE A REGIME CHANGE IN SRI LANKA?

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Image courtesy New Security Beat A regime change takes place only if the majority of people in a country want a change. In Sri Lanka today not many people would want it. After 30 years of war and terror, people are able to get about without fear, safe in the knowledge that the LTTE has been annihilated. It is this regime, the Rajapakse regime that made it possible and so the sense of gratitude is very strong among the people. It is this feeling that makes the people vote for the Rajapaksas time and time again. All other feelings of frustration simply evaporate, when they remember the bomb explosions of the past in contrast to the peace and security they enjoy today. There is also no opposition waiting in the wings to take over power. Slowly but steadily a merger is taking place before our very eyes, in parliament. The UNP which is still the largest opposition party has more…

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PROBLEM & SOLUTION: PARAMETERS OF POSSIBILITY

A supporter of Sri Lanka's President Mahinda Rajapakse holds up a poster of him in Anuradhapura

Photo courtesy JDS The New Year brought a valuable gift in my email. It was a dossier entitled ‘Seeking Space for State Reform’ and carried an even more beguiling subtitle, ‘Consensus and Contradictions in Public Perceptions’.  A publication of the ICES (the International Centre for Ethnic Studies, from and of which I hadn’t heard for quite a while), it was a product of the Politics of State Reform Project. What made it compelling reading was that it was nothing less than a ‘National Survey of Grassroots Perceptions of State Reform’, which, translated, meant that it was a recent survey of public opinion across all communities, about the ethnic conflict and the  various reform proposals to address or resolve it. Once you’ve dispensed with the layers of very proper titles, you realize what the report contains. It tells you what Sinhalese, Tamils and Muslims think, today, over two years after the war, about the most contentious issues that have divided us…

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A Public Memo to Members of Parliament representing the Tamil National Alliance from the Tamil Civil Society

Sampanthan, leader of the political proxy of the Tamil Tigers, the Tamil National Alliance, addresses reporters during a media conference in Colombo

Translation of original in Tamil and released on behalf of the signatories. Read in full screen here. A Public Memo to Members of Parliament representing the Tamil National Alliance from the Tamil Civil Society Download the open letter as a PDF here.

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Sri Lankan Tamil Destiny is Inextricably Grounded Within Sri Lanka: A Response to D.B.S Jeyaraj

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  This is a belated response to D.B.S. Jeyaraj’s article titled “Tamil Destiny is inextricably intertwined with that of the Sinhalese,” which I noticed only a few days ago. I not only endorse every point he makes but also go further and include the other communities comprising Sri Lanka, especially the Muslims (Moors and Malays) and the Indian Tamils (as they are incorrectly designated in the national census. I also point out that the Tamil leadership had firmly and consistently upheld this position till at least the mid 1970s. Those interested in exploring the historical and ideological background could refer to a wealth of literature on the subject including my monograph titled “Tamil Nationalism” (Marga Monograph Series, 2001). Perhaps I should start with a reference in that monograph to the Jaffna Youth Congress (JYC), which was the dominant voice in the North during the 1920s and 30s. The Jaffna Youth Congress Jaffna, widely identified as a centre of Sri Lankan…

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A Review of ‘The Eighteenth Amendment to the Constitution: Substance and Process’

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Photo courtesy Vikalpa September 8, 2010 marked a watershed event in the constitutional history of Sri Lanka. The enactment of the Eighteenth Amendment to the Constitution on this ill-fated day brought to a close an era in which successive presidential candidates had promised to abolish the executive presidency. The Eighteenth Amendment effectively extinguished the last remnant of hope that this promise would one day be kept. Instead, it has ushered in a new epoch where an over-mighty president for life has become a plausible reality. The present review examines a compilation of papers critiquing the Eighteenth Amendment to the Constitution of Sri Lanka. The reviewed publication was produced by the Centre for Policy Alternatives in partnership with the Friedrich-Naumann-Stiftung für die Freiheit. It is presented in five chapters, each dealing with a particular aspect of the Eighteenth Amendment—either in terms of its substance or in terms of the process through which it was enacted. In the first chapter, Dr. Pakiasothy…

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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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