New Constitution making process underway

By Shamindra Ferdinando

Deputy Leader of the breakaway JVP faction-National Freedom Front (NFF) Jayantha Samaraweera, yesterday (29) told The Island that his party recently submitted 23 proposals to the nine-member expert committee appointed by the Cabinet of Ministers to draft a new Constitution.

President’s Counsel Romesh de Silva leads the expert committee, named in early September, this year.

The proposals consisted of what shouldn’t be included in the new draft Constitution under any circumstances, what should be retained from the current Constitution, sections that needed to be rectified, executive presidency and electoral reforms, the Kalutara district lawmaker said.

State Minister Samaraweera said that he had posted the NFF’s set of proposals to the committee after an attempt to hand it over personally to Room No 32 (Block 2) of the BMICH, where the committee is located, failed last Thursday (26).

Samaraweera was accompanied by General Secretary of the party S. Wijesiri, politburo member Nimal Piyatissa, MP and Uddika Premaratne, MP. A constituent of the SLPP (Sri Lanka Podujana Peramuna), the NFF group in the 145-member government parliamentary group is represented by six members.

 Responding to a query, State Minister of Warehouse Facilities, Container Yards, Port Supply Facilities and Boats and Shipping Industry Development Samaraweera said that their proposals reflected the aspirations of those who voted for Gotabaya Rajapaksa and the SLPP led coalition at the 2019 presidential and 2020 parliamentary polls, respectively.

The expert committee consists of Romesh de Silva, PC, Gamini Marapana, PC, Manohara de Silva, PC, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC, Prof. Naseema Kamurdeen, Dr. A. Sarveshwaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.

Justice Minister Ali Sabry, PC, assured Parliament late last October that the government would present the draft of the proposed Constitution to the House within one year. The assurance was given during the debate on the second reading of the 20th Amendment to the Constitution on Oct. 22.

Responding to another query, the State Minister said the proposed new Constitution should ensure the country’s stability, protect the unitary status, thwart the separatist agenda, protect Buddhism, guarantee human rights of all, protect archeological heritage, food security and non-aligned foreign policy.

SLPP Chairman who is also the Education Minister Prof. G.L. Peiris yesterday told The Island that the party was ready to swiftly respond to the expert committee if it sought to ascertain their views on any matter in respect of the draft constitution. Prof. Peiris emphasized that President Gotabaya Rajapaksa and the SLPP received two massive mandates at the presidential and parliamentary polls to bring in a new Constitution. Well informed sources told The Island that the committee was trying to meet the original deadline to finish the assignment within six months. Therefore, the committee was planning to finalize the document ahead of Sinhala and Tamil New Year. Recently the Justice Ministry extended the time to accept proposals till Dec 31, 2020. Sources said that the committee so far hadn’t received proposals from any major political party. Perhaps, NFF proposals had been delayed in the post, sources said, adding that attorney-at-law Nagananda Kodituwakku too had sent his proposals. The committee has sought views from interested parties on the (1) nature of the state (2) fundamental rights (3) language (4) directive principles of State Policy (5) the executive, cabinet of ministers, the public service (6) the legislature (7) franchise and elections, including referendum (8) decentralization/devolution of power/power sharing (9)the judiciary (10) public finance (11) public security and any other matter not specifically referred to by the Justice Ministry. In spite of the eruption of the second devastating covid outbreak in early Oct that hindered the expert committee, it could make progress thanks to Zoom technology, sources said. Progress had been made, sources said adding that recently face to face meetings resumed.

The NFF Deputy Leader said that they suggested to the expert committee that the authority to introduce laws should be the prerogative of parliament and under no circumstances should such powers be granted to administrative structures at provincial or district level. The NFF also proposed that special laws should be formulated to cater to the needs of any community, constitutional guarantee that administrative structures shouldn’t be named, changed or amalgamated in terms of particular ethnicity and an elected government should function as caretaker not as the owner and the right of the public should be held over the right of an individual as well as constitutional guarantee to protect the national wealth for future generations.

Lawmaker Samaraweera said that the NFF also proposed that the country shouldn’t enter into agreements contrary to non-aligned foreign policy and not allow any foreign power to use Sri Lanka territory for military purposes, transparency in foreign trade agreements, constitutional measures to prevent dual citizens from contesting the Presidency, entering parliament, commanding armed forces, IGP, Attorney General, Governor Central Bank, diplomatic posts and serve as Court of Appeal or Supreme Court judges.

The MP said altogether 23 proposals were made and the NFF expected the expert committee to give them due consideration. Samagi Jana Balavegaya Leader Sajith Premadasa couldn’t be contacted for his party’s position on the new Constitution making process. Fifteen political parties represent the current parliament. Nine of them have just one MP in parliament.