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TNA unveils its constitutional proposals
The TNA has called upon the Experts Committee to Draft a new Constitution to adhere to the following principles:
1. Nature of the State:
(1) Sri Lanka (Ceylon) shall be recognised as a free, sovereign, independent and united Republic comprising the institutions of the Centre and of the Regions, which shall exercise powers of governance as laid down in the Constitution.
(2) One of the Regions shall be for the territory predominantly occupied by the Tamil-speaking peoples in the North-East.
2. Fundamental Rights:
The Constitution shall include a comprehensive list of fundamental rights and freedoms, founded on human dignity and personal autonomy, and reflecting the full gamut of Sri Lanka’s international human rights obligations.
3. Language:
(1) The Constitution shall recognise Sinhala, Tamil, and English as the official languages throughout Sri Lanka, and the languages of administration in the entire island.
(2) Citizens should have a right to interact with the State, whether in person or in correspondence, in the language of their choice.
(3) The Constitution should specify that official documents, notices or directives which communicate, imply or impose a penalty or fine or punishment have no force or effect in law in the event they are issued in violation of language rights.
4. The Executive:
(1)The Constitution shall provide for a government with a ceremonial President who is accountable to Parliament, and who acts on the advice of the Prime Minister. The Prime Minister shall be the head of the cabinet of ministers.
(2
)The cabinet of ministers, the state ministers, and the deputy ministers, shall be appointed by the President on the advice of the Prime Minister from amongst members of Parliament. Assignment of subjects and functions shall be within the powers of the Prime Minister, and these powers may be exercised by the Prime Minister at any time.
5. The Legislature:
(1) The Constitution shall provide for a bicameral legislature with a chamber comprising members directly elected by the people, and a second chamber comprising representatives of the Regions.
(2) Legislation shall be passed upon passage of a Bill by simple majority through both chambers, except in the case of amendments to the Constitution, in which case, the Bill shall be passed with a two-thirds majority in both chambers. And in the case of amendments affecting devolution to the Regions, it shall have an additional requirement of assent by every one of the delegations from the Regions to the second chamber.
6. Sharing of Powers of Governance:
(1) There shall be Regional Councils for every Region, as defined in a schedule to the Constitution.
(2) There shall be a Governor for each Region, who shall be appointed by the President on the advice of the Chief Minister of the relevant Regional Council, and such advice shall only be given with the approval of the Regional Council.
(3) The Governor shall, except as provided in the Constitution, act on the advice of the Chief Minister and the cabinet of ministers of the Regional Council.
(4) Regional Councils shall have legislative power over subjects specified in a schedule to the Constitution. The statutes duly enacted by a Regional Council shall prevail over all previous legislation on the same subject with respect to the relevant region.
(5) Suitable time-bound arrangements shall be made with regard to Governor’s assent to statutes to avoid delay.
(6) National policy on a devolved subject defeats the object of devolution. Therefore, all Regions must be consulted and where all Regions agree, national policy must be confined to framework legislation within which Regions can exercise fully legislative and executive power pertaining to the devolved subject. Framework legislation shall not curtail devolved power.
(7) The Central Legislature may make laws with respect to subjects devolved to the Regional Councils, provided all Regional Councils vote to approve the said Bill. Where a Regional Council does not so approve, the Act, if passed, shall not have force or effect within the said Region.
(8) Devolved power cannot be overridden or taken back without the consent of the Region concerned. In the case of Constitutional amendments affecting devolution, it should have the approval of every regional delegation from the Regions in addition to two third majority votes in both Houses.
(9) Assignment of subjects and functions shall be based on the principle of maximum possible devolution. All subjects other than such subjects as must necessarily be with the Central Government, such as national security, national defence, armed forces, foreign affairs, and national economic affairs, must be devolved.
(10) Some of the important subjects and functions to be devolved shall include (but not be limited to):
a. land;
b. law and order;
c. education including tertiary education;
d. health;
e. housing and construction;
f. agriculture and agrarian services;
g. irrigation;
h. fisheries;
i. animal husbandry and livestock development;
j. resettlement and rehabilitation;
k. local government;
1. regional public service;
m. regional police service;
n. religious and cultural affairs;
p. all other socioeconomic and cultural matters;
o. cooperatives and cooperative banks;
q. industries; and
r. taxation, central grants, international and domestic loans and grants, and foreign direct investment.
(11) All appointments to the regional public service and regional police service, other than the Chief Secretary and other secretaries to regional ministries, shall be made by the Regional Public Service Commission and the Regional Police Commission, as the case may be, which shall be answerable and responsible to the Chief Minister and to the cabinet of ministers of the relevant Region.
(12) The Chief Secretary shall be appointed by the President with the concurrence of the Chief Minister of the Region, and shall be removable by the President on the advice of the Chief Minister. Secretaries to regional ministries shall be appointed by the Governor on the recommendation of the Chief Minister and the cabinet of ministers of the relevant Region, and shall be removable on their advice.
(13) There shall be adequate provision made in the Constitution for the protection of the minority communities in every Region.
7. The Judiciary:
(1) The Constitution shall provide fora Constitutional Court, comprising members appointed by the Constitutional Council, to hear and determine the constitutionality of legislation made by the Central Legislature and statutes made by Regional Councils. Such power may be exercised prior to the enactment of such law or statute, or after enactment, whether it arises in the course of legal proceedings or by the direct institution of proceedings.
(2) In respect of matters relating to the interpretation of the Constitution, the decisions of the Constitutional Court shall be final.
(3) Jurisdiction with respect to fundamental rights applications shall be exercised by the Provincial High Courts.
8. Public Security:
(1) The Constitution shall provide that the declaration of a state of emergency shall be made by the President, on the advice of the Prime Minister, or on the advice of the Governor of the Region with the concurrence of the Chief Minister of Region. Such a state of emergency shall only be declared when there are reasonable grounds to apprehend the existence of a clear and present danger to public security, preservation of public order (including preservation of public order consequent to natural disasters and epidemics) or the maintenance of supplies and services essential to the life of the community in the country or Region. A state of emergency can be declared only with respect to the territory where such a clear and present danger prevails.
(2) The declaration of emergency shall state the basis on which such a state of emergency was declared, and shall be limited in time.
(3) The Declaration of Emergency shall, be subject to parliamentary approval or the relevant Regional Council’s approval, as the case may be, and be subject to judicial review by the Constitutional Court. If such approval is not granted, or where the Constitutional Court so holds, such Declaration of Emergency shall stand rescinded.
9. Land:
(1) Land shall be a devolved subject. All state land used by the Central Government for a subject in the Central List shall be continued to be used by the Central Government. Rights acquired by citizens in state land shall be preserved. All other state land shall vest in the Region concerned, and can be used by the Region in terms of its devolved powers over land.
(2) Alienation of state land shall be done on the basis of the principles enunciated in the Bandaranaike-Chelvanayakam Pact and Senanayake-Chelvanayakam Pact.
(3) Regions shall have powers of land acquisition and requisition.
10. Pollce:
(1) Law and order shall be a devolved subject.
(2) There shall be a National Police Force, and Regional Police Forces for each Region.
(3) Offences that are reserved to be dealt with by the National Police shall be listed in a schedule to the Constitution. All other offences shall be within the purview of the Regional Police.
(4) The head of the Regional Police shall be the Regional Police Commissioner, who shall he appointed by the Governor on the advice of the Chief Minister of the Region, There shall be a Regional Police Commission to be appointed by the Governor on the advice of the Chief Minister and the leader of the opposition of the relevant Regional Council. Appointment and disciplinary control of Regional Police personnel shall be under the Regional Police Commission. The Regional Police Commissioner shall be answerable and responsible to the Regional Minister, entrusted with the subject of law and order.
Signed
– R. Sampanthan MP Leader, Tamil National Alliance and Parliamentary Croup Leader of ITAK
– Sgd. Mavai S. Senathirajah – Leader. ITAK and co-leader, TNA
-Sgd. Selvam Adaikalanathan, MP – Leader. TELO and co-leader, TNA
– Sgd. D Sithadthan, MP – Leader, PLOTE and co-leader. TNA
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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.
