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Karu asks govt. not to scrap 19A arbitrarily
Former UNP Karu Jayasuriya yesterday (21) urged President Gotabaya Rajapaksa not to do away with the 19th Amendment to the Constitution without consulting all stakeholders. Former UNP Gampaha District lawmaker, in a statement issued yesterday said that if the government abolished the 19th Amendment, and a new Constitution passed, that must be done after wide consultation with all stakeholders, including all political parties, citizens’ organizations, and eminent individuals and general public.
The following is the full text of the statement issued in response to President Gotabaya Rajapaksa’s policy statement: “It is my pleasure to send good wishes to the 9th Parliament that was declared open yesterday (August 20th). The new Parliament embodies the strong mandate given to the government. It is also welcome that more than a third of the Parliamentarians are first-time members, reflecting the people’s wish for a fresh start.
The observations made here in good faith are based on the 2/3 mandate sought and received by the Government at the Parliamentary election held this month.
In his policy speech, President Gotabaya Rajapaksa announced the wish of his government to abolish the 19th Amendment to the Constitution and, subsequently, to introduce new constitution to the country. The 19th Amendment was a near-unanimous amendment to the Constitution. It was passed with an unprecedented 215 votes in favour.
As a person who has dedicated the whole political career to the cause of strengthening Sri Lanka’s democracy, I would like to draw the attention of President Gotabaya Rajapaksa, Prime Minister Mahinda Rajapaksa and the government to the need to protect and enhance the essence of democracy embedded in the 19th Amendment.
The 19th Amendment to the Constitution embodies the democratic aspirations of the people at the time of its adoption. The only progressive reform before the 19th Amendment was the 17th Amendment to the Constitution that was passed in 2001.
The 17th amendment was born as a result of the public outcry during the famous Wayamba Elections where several malpractices, killings, arson and harassment took place. Members of the clergy of all faiths, academics and members of the opposition, civil society and professionals voluntarily formed into a ‘citizens committee’ that drafted the first document. The committee was chaired by me when I served as the Mayor of Colombo. The JVP agreed to support the then PA/SLFP government on the basis that 17th Amendment was introduced. Although independent commissions were formed the Elections Commission did not function due to the disagreement with regard to the Chair. Then President was not agreeable to appoint the suggested name. The Elections Commission was established in 2015.
As envisioned by Most Venerable Maduluwawe Sobitha thero, the 19th Amendment could build on that and strengthened the Parliament, reduced excessive powers accumulated in Presidency, re-introduced independent commission to ensure that critical institutes of the country such as public service, judiciary, electoral system, human rights and Police etc. are protected from political influence. It also introduced the Constitutional Council, with the membership of the government, Opposition, and the civil society to have a process by which appointments to important positions and independent commissions are made with a national consensus.
In the spirit of the 19th Amendment, it is welcoming to note that the President appointed 26 Ministers to the Cabinet, thereby following the 30-member limit introduced under 19A. Further, the Right to Information Act, which is considered as one of the best in the world, has been integrated into the 19A, by way of recognising Right to Information as a fundamental right. This is the only improvement to the fundamental rights introduced under the 1978 constitution.
These reforms have been enacted after wide consultation and negotiation within the Parliament and the civil society. In fact, the majority of the approving votes came from the UPFA members, led by President Maithripala Sirisena in 2015. Besides, even the present Parliament consists of a majority of members who have voted for the 19th Amendment.
In this situation, if the government abolishes the 19th Amendment, and a new Constitution is passed, that must be done after wide consultation with all stakeholders, including all political parties, citizens’ organisations, and eminent individuals and general public.
Democracy is a much-valued legacy of Sri Lanka and people treasure the freedoms they have. 19th Amendment symbolises this democratic spirit. I request President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa to undertake to properly analyze and evaluate any technical shortcomings of the 19th Amendment while respecting and upholding the essence of the 19th Amendment to the Constitution in future reforms. As the proverb goes, one should not ‘throw the baby away with the bath water’. As such, respect for democracy and rule of law is mandatory for us to rise as a proud nation in the world.
As a responsible and concerned citizen, I wish good luck to the new government and the proposed constitution-making process, with the sincere hope that it will strengthen Sri Lanka’s democracy and provide an inclusive platform for the country to achieve prosperity for all.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
