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Election ’24: Hopes for Constitutional Reforms are still alive

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by Rajan Philips

The Collective for Democracy and Rule of Law (CDRL) is making a commendable intervention to launch a platform for constitutional reform early on in this election year. The Collective has convened a meeting of civil society activists and organizations, and a well-attended meeting was held in Colombo on Wednesday (January 24) last week. My focus today is on the discussion document that was circulated in advance and discussed at the meeting.

It is a refreshingly short document of 11+ pages, entitled “Principles and Proposals for Political and Constitutional Reform,” which underscores the work done by the Collective members over 30 years in preparing multiple drafts for constitutional reform. This long work without commensurate results due to ill-equipped and constitutionally less than literate political leaders, has led to constitutional overthinking in Colombo political circles. The new document is mostly free of overthinking but not totally without its hangover. At the same time, the results of their efforts have not been insignificant. To wit, the 17th Amendment and the 19th Amendment to the constitution, even though they were generally frustrated by the vexatious (18th and 20th) Amendments) of the Rajapaksas.

Thanks to Aragalaya, the country was spared of what could have been a disastrous overhaul of the constitution under Gotabaya Rajapaksa, the most constitutionally illiterate person ever to hold high offices in the Sri Lankan state. The legacy of Aragalaya is evoked in the invitation for Wednesday’s meeting, inasmuch as it was an expression of desire with new ideas among Sri Lankan citizens for a “deepening democratization” of the state. The new ideas of public trust, accountability and meaningful participation are what inform the “Principles and Proposals for Political and Constitutional Reform,” and what the proposals for reform are seeking to achieve.

Parliament and Presidency

Fundamental to these changes is the restoration of parliamentary democracy, and the new proposals seem keen to frame the debate by emphasizing the restorative aspect as the primary reform goal and the abolition of the executive presidency as its inevitable adjunct. The most readily implementable part of the new proposals is the electoral reform which is also crucial to restoring parliamentary democracy. The proposals provide for a bicameral legislature comprising a House of Representatives of 200 members and a Senate of 50 members.

Of the 200 members of the House, 130 are to be elected from the old-style territorial constituencies and the simple first-past-the-post system. 60 members are to be allocated to political parties based on proportional representation according to their voting tallies either at the national level or provincial level. The remaining 10 seats are to be allocated to political parties who contested the election but have no representation among the 190 members. These seats will be allocated to them in proportion to their national vote.

The proposals indicate that appropriate provisions will be made to ensure adequate representation of women, youth and underrepresented interest groups. Including women with youth and interest groups for appropriate consideration is simply not acceptable. The 60 proportional representation seats could easily be, and in fact should be, all allocated to women, which would be similar to constitutional arrangements in Bangladesh and in Pakistan.

Although the electoral reform is part of a complete reform package, there is no reason why these changes cannot be implemented by the current parliament, to be in place for the next parliamentary election.

That is not a task for the Collective for Democracy and Rule of Law, but the Collective could certainly build public and media pressure to bear on the political parties in parliament and on the aspiring presidential candidates.

If the question of implementing electoral reform here and now were to be put to Anura Kumara Dissanayake, Sajith Premadasa, or His Excellency, President Wickremesinghe, will they risk rejecting it? We will not know unless someone asks them.

While at it, why not add the amendment to change the system of electing the Head of State?

The new proposal is to have the President (and a Vice President) elected by an electoral college comprising members of the House of Representatives and the Senate. We will get to the Senate later, but why not have an amendment now by the current parliament that would end the system of direct election and provide for the new parliament to elect the next president as the Head of State but not the Head of Government.

Why go through the trouble and expense of a direct presidential election in September-October if it is going to be the last such election?

Again, it is up to the will of the political leadership and it is not a question of whether or not it can be done. The two changes are certainly doable by the current parliament. They are also implementable within the framework of the current constitution. I cannot see any one of the three presidential candidates publicly rejecting these possibilities if they were put to them in a public forum. Ideally, having all of them together at the same forum.

Vice President

Another proposed change is to have a Vice President, which would be an interesting addition to have even after the presidential system is emasculated. It would also be a striking contrast to President Jayewardene ruling out a Vee Pee for him while implementing a full throttled presidential system. His reasons of course were perversely negative – to avoid a political shootout among his second rung ministers to climb the Vee Pee pole. The top guns were all plotting to succeed JR Jayewardene.

The motivation now to have a Vice President is positively different – for the purpose of “sharing higher-level political office between ethnic communities” as part of transforming Sri Lanka into “a multi-ethnic and pluralist democracy.” The Vice President is stipulated to be someone from a community other than the community to which the President belongs.

There are enough examples from India where the President and the Vice President have been elected by an electoral college and have provided symbolic representation to India’s vastly diverse communities and groups. There will be no coming of age celebrations for Sri Lanka as a modern republican democracy until any and all high posts are equally open to all of its citizens regardless of their ethnic identity. Until then, small steps like the vice presidential positions should be welcome as notable progress.

The Senate

The old senate that was brusquely brushed away even while the Soulbury Constitution was breathing its last, is now back but with a different structure and for wholly different reasons. One would think that that it will not be, to reverse Jennings as well as Colvin, either superfluous by being rubber stamp to the House or mischievous by frustrating the will of the people. Rather, the new Senate could look for its model in what the founders of the US Senate (mostly James Madison) intended it to be – a mature, cautious, competent and deliberative body of sober second thought. And not what the US Senate, and more so the Congress, are turning out to be under the onslaughts of Trump’s Republican Party.

The new Senate is intended to be an institution for power sharing by ensuring provincial representation, in addition to being a check on the legislative overreach of the House of Representatives.

The Senate is proposed to have 50 members, with each Provincial Council electing five members, at least two of them women; and five members appointed by the President to represent unrepresented or underrepresented interests.

The 45 provincial members are to be elected on the basis of proportional representation within each provincial council, and the five presidential appointees are to be nominated by the Prime Minister and the Leader of the Opposition in the House of Representatives.

All Senators are expected to be drawn from those “who have distinguished themselves in public life.” This qualification is too vague and will not be enough if the Senate is to play the role that is expected of it. The minimum age must be much higher than what it is for a voter or to become an MP. It will not hurt to require educational qualifications along with alternative experiential qualifications. There is no point in having a Senate if it is going to end up with the same calibre of MPs as there are in today’s parliament.

The proposal would seem to provide for all bills to be presented to the Senate for review and feedback, but not to vote on. The exceptions would be bills that may have implications for provincial powers, and they will require passage in the Senate with at least two members from each province voting in favour. This is the intended safeguard for provincial powers and functions from being diluted or usurped by the central government. Finally, the Senate will have the same role as the House in Constitutional Amendments – with two-thirds majority required both in the House and the Senate. No more referendums!

Balance of Powers

Besides electoral reforms, reconstituting the balance of power between the President and Parliament is a key requirement for restoring parliamentary democracy. The abolishing of the executive presidency by itself is a major part of restoration. But before Sri Lanka came under presidential tyranny it had a trial run under parliamentary tyranny. The new proposals are alert to avoiding that.

A number of provisions are being suggested – the Senate as already discussed, restricting cabinet size, establishing a Constitutional Council, and judicial review of legislation and administrative actions along with the return of the Constitutional Court, are the main ones. On a not unrelated note, there is some significance given to the matter of handling cross-over MPs.

In what seems to be an anomaly, the President is identified as the “repository of the executive power of the people,” even after restoring parliamentary democracy. This seems to be textual hangover from the JRJ constitution, while the Prime Minister as the Head of Government, and the government is going to be good old Cabinet Government. What is the purpose in identifying a “repository of the executive power” in the constitution that is outside the cabinet government?

The executive power in any event will be exercised by the Cabinet of Ministers who will in the restored order be answerable only to parliament and not any higher executive. At the same time the cabinet is cut to size literally by the proposal to limit the number of ministers to 20 and the number of state ministers also to 20. DS Senanayake wanted such a limitation in the Soulbury Constitution but the British advised against it.

Interestingly, at least five of the 20 ministers ought to be women, and at least another five ought to belong to communities other than the majority community. Shades of fifty-fifty, you would think. Similar distribution is also proposed for state ministers. These are laudably inclusive measures.

The idea and the institution of a Constitutional Council is recognized as being the outcome of “civil society pressure to curb the excessive powers of the executive presidency and to depoliticize the state and public service … (and) to function as a system of checks and balances to curb governmental power.” The same institution is proposed to be retained even after parliamentary democracy is restored, because “it could serve as an instrument for achieving a national consensus on high-level appointments.”

There should be second thoughts on the Constitutional Council as the idea of having another constitutional layer seems superfluous especially after getting rid of the executive presidency and bringing in a Senate comprising distinguished citizens. What is that we need a Constitutional Council (CC) for that cannot be done by the Senate or its Committees, even joint Committees with MPs?

Four of the 10 CC members are already members of the House or the Senate. The other six members or comparable alternates could be elected as Senators. Is there a need for another body to accommodate five distinguished citizens for their wise counsel when they can be easily accommodated in the Senate? At most, a Constitutional Council can play a fixed-term role until all the constitutional changes are implemented and the Senate is established and functioning. At that point the Council could be terminated.

(To be continued)



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Illegal solar push ravages Hambantota elephant habitat: Environmentalist warns of deepening crisis

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Land earmarked for the project

A large-scale move to establish solar power plants in Hambantota has triggered a major environmental and social crisis, with more than 1,000 acres of forest—identified as critical elephant habitat—cleared in violation of the law, environmental activist Sajeewa Chamikara said.

Chamikara, speaking on behalf of the Movement for Land and Agricultural Reform, said that 17 companies have already begun clearing forest land along the boundaries of the Hambantota Elephant Management Reserve. The affected areas include Sanakku Gala, Orukemgala and Kapapu Wewa, which are known to be key elephant habitats and long-used movement corridors.

He said that what is taking place cannot be described as development, but rather as a large-scale destruction of natural ecosystems carried out under the cover of renewable energy expansion.

According to Chamikara, the clearing of forests has been carried out using heavy machinery, while large sections have also been deliberately set on fire to prepare the land for solar installations. He said that electric fences have been erected across wide stretches of land, effectively blocking elephant movement and fragmenting their natural habitat.

“These forests are not empty lands. They are part of a living system that supports wildlife and nearby communities. Once destroyed, they cannot be easily restored,” he said.

The projects in question include a 50 megawatt solar development undertaken by five companies and a larger 150 megawatt project implemented by 12 companies. The larger project is reported to be valued at around 150 million US dollars.

Chamikara stressed that these projects are being carried out in a coordinated manner and involve extensive land clearing on a scale that raises serious environmental concerns.

He further alleged that certain companies had paid about Rs. 14 million to secure support and move ahead with the projects. He said this points to a troubling failure of oversight by state institutions that are expected to protect forests and wildlife habitats.

“This is not only an environmental issue. It is also a serious governance issue. The institutions responsible for protecting these lands have failed in their duty,” he said.

Chamikara pointed out that under the National Environmental Act, any project of this scale must receive prior approval through a proper Environmental Impact Assessment process.

He said that clearing forest land before obtaining such approval is a direct violation of the law.

He added that legal requirements relating to archaeological assessments had also been ignored. Under existing regulations, large-scale land clearing requires prior evaluation to ensure that sites of historical or cultural value are not damaged.

“The law is very clear. You cannot go ahead with projects of this nature without proper approval. What we are seeing is a complete disregard for legal procedure,” Chamikara said.

The environmental impact of these activities is already becoming visible. With their natural habitats destroyed, elephants are increasingly moving into nearby villages in search of food and shelter. This has led to a sharp rise in human-elephant conflict in several areas.

Areas such as Mayurapura, Gonnooruwa, Meegahajandura and Thanamalvila have reported increasing encounters between humans and elephants. According to Chamikara, more than 5,000 farming families in these areas are now facing growing threats to their safety and livelihoods.

 

He warned that farmers are being forced to abandon their lands due to repeated elephant intrusions, while incidents involving damage to crops and property are rising. There have also been increasing reports of injuries and deaths among both humans and elephants.

“This is turning into a serious social and economic problem. When farmers cannot cultivate their lands, it affects food production, income and rural stability,” he said.

Chamikara also raised concerns about the broader environmental consequences of clearing forests for solar power projects. While renewable energy is promoted as a solution to reduce carbon emissions, he said that destroying forests undermines that goal.

“Forests play a key role in absorbing carbon dioxide. When you clear and burn them, you are increasing emissions, not reducing them. That defeats the purpose of promoting solar energy,” he explained.

He added that large-scale deforestation in dry zone areas such as Hambantota could also affect local weather patterns and reduce rainfall, which would have further negative impacts on agriculture and water resources.

Chamikara called for a shift in policy, urging authorities to focus on more sustainable approaches to solar power development. He said that rooftop solar systems on homes, public buildings and commercial establishments should be given priority, as they do not require clearing large areas of land.

He also recommended that solar projects be located on degraded or abandoned lands, such as areas affected by past mining or other low-value lands, rather than forests or productive agricultural areas.

“Renewable energy development must be done in a way that does not destroy the environment. There are better options available if there is proper planning,” he said.

Chamikara urged the Central Environmental Authority and the Department of Wildlife Conservation to take immediate action to stop ongoing land clearing and investigate the projects. He stressed that all activities carried out without proper approval should be halted until legal requirements are met.

He warned that failure to act now would lead to long-term environmental damage that could not be reversed.

“If this continues, we will lose not only forests and wildlife, but also the balance between people and nature that supports rural life. The consequences will be felt for generations,” he said.

The situation in Hambantota is fast emerging as a critical test of whether development goals can be balanced with environmental protection. As pressure grows, the response of authorities in the coming weeks is likely to determine whether the damage can still be contained or whether it will continue to spread unchecked.

By Ifham Nizam

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Why Mahatma Gandhi’s teachings need to be at the heart of conflict resolution

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Mahatma Gandhi

All credit to the Tamil Nadu government for taking concrete measures to perpetuate the memory of the renowned Mahatma Gandhi of India, who on account of his moral teachings stands on par with the likes of Socrates, Plato, Aristotle, Confucius and Jalaluddin Rumi, to name a few such all-time greats. The time is indeed ripe to draw the world’s attention to the Mahatma’s humanistic legacy which has resonated in the hearts of peace-oriented sections the world over down the decades.

Under its mega developmental blueprint titled ‘ Tamil Nadu 2030’, the Tamil Nadu government, among other things, intends transforming villages into centres of economic growth in conformity with the Mahatma’s vision of making the village the fundamental unit of material and spiritual advancement. Thus will come into being the ‘Uttamar Gandhi Model Villages Project’, which will be initially covering 10 village Panchayats. (Please see page 3 of The Island of March 11, 2026).

The timeliness of remembering and appreciating anew the teachings of Mahatma Gandhi resides in the utter lawlessness that has been allowed to overtake the world over the last few decades by none other than those global powers which took it upon themselves to usher in a world political and economic order based on the UN Charter and the Universal Declaration of Human Rights. Mainly in ‘the dock’ in this regard are the permanent members of the UN Security Council.

As is plain to see, the international law and order situation has veered out of control. Principal priorities for the international community or what’s left of it is to prevent the current mainly regional war in the Middle East from degenerating dangerously into another world war, coupled with the task of eliminating the possibility of another nuclear holocaust.

The most scorching of ironies is that the world’s ‘number one power’, the US, has virtually lost its way in the ‘Global Disorder’ it has been party to letting lose. For instance, instead of making good its boast of militarily neutralizing Iran and paving the way for the constant flow of fuel and gas from the Strait of Hormus by itself and Israel, it is now appealing to the rest of the West to come to its assistance. Not surprisingly, US allies are indicating their unwillingness to help pull the US’ ‘chestnuts out of the fire’.

Oil and gas are the veritable life blood of countries and going ahead it should not come as a surprise if impatience gets the better of the major powers and the nuclear option is resorted to by some of them under the dangerous illusion that it would be a quick-fix to their growing economic ills and frustrations.

All the above and more are within the realms of the possible and the need is pressing for humanistic voices to take centre stage in the present runaway crisis. As pointed out in this column last week, Realpolitik has overtaken the world and unless the latter is convinced of the self-destructive nature of the major powers’ policy of ‘meeting fire with fire’ to resolve their disputes, annihilation could be the lot of a good part of the world.

For far too long the voice of humanity has been muted and silenced in the affairs of world by the incendiary threats and counter-threats of the big powers and their allies. No quarter has been bold enough in these blood pressure-hiking slanging matches to speak of the need for brotherly love and compassion among nations and countries. But it’s the language of love and understanding that is the most pressing need currently and the Mahatma in his time did just that against mighty odds.

At present the US and Iran are trading threats and accusations over military-related developments in the Gulf and it’s anybody’s guess as to what turn these events will take. However, calming voices of humanity and moderation would help in deescalating tensions and such voices need to go to the assistance of the UN chief and his team.

The Mahatma used the technique of ‘Satyagraha’ or the policy of non-violent resistance to oppose and dis-empower to a degree the British empire in his time and the current major powers would do well to take a leaf from Gandhi. The latter also integrated into the strategy of non-violent resistance the policy of ‘Ahimsa’ or love and understanding which helped greatly in uniting rather than alienating adversaries. The language of love, it has been proved, speaks to the hearts and minds of people and has a profoundly healing impact.

Mahatma Gandhi defined the ideal of ‘Ahimsa’ thus: ‘In its positive form, “Ahimsa” means the largest love, the greatest charity. If I am a follower of “Ahimsa”, I must love my enemy or a stranger to me as I would my wrong-doing father or son. This active “Ahimsa” necessarily includes truth and fearlessness.’ (See; ‘Modern Indian Political Thought; Text and Context’ by Bidyut Chakrabarty and Rajendra Kumar Pandey, Sage Publications India, Pvt. Ltd., www.sagepub.in).

In the latter publication, the authors also defined the essence of ‘satyagraha’ as ‘protest without rancour’ and this is seen as ‘holding the key to his entire campaign’ of non-violent resistance. From these perspectives, the teaching, ‘hatred begets hatred’ acquires more salience and meaning.

Accordingly, the voice of reason and love needs to come centre stage and take charge of current international political discourse. The UN and allied organizations which advocate conflict resolution by peaceful means need to get together and ensure that their voices are clearly heard and understood. The global South could help in this process by seeing to the vibrant rejuvenation of organizations such as the Non-aligned Movement.

An immediate task for the peace-oriented and well meaning is to make the above projects happen fast. In the process they should underscore afresh the profound importance of the teachings of Mahatma Gandhi, who is acclaimed the world over as a uniting and healing political personality and prophet of peace.

If the Mahatma is universally acclaimed, the reason is plain to see. Put simply, he spoke to the hearts and minds of people everywhere, regardless of man-made barriers. The language of peace and brotherhood, that is, is understood by everyone. The world needs more prophets of peace and reconciliation of the likes of the Mahatma to drown out the voices of discord and war-mongering and ensure that the language of humanity prevails.

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Exciting scene awaits them …

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The Future Model Hunt extravaganza, organised by Rukmal Senanayake, and advocacy trainer Tharaka Gurukanda, held in late January 2026, has brought into the limelight four outstanding contestants who will participate, at the international level, this year – Sandeepa Sewmini, Demitha Jayawardhana, Diwyanjana Senevirathna, and Nimesha Premachandra.

Nimesha took the honours as Mrs. Tourism Sri Lanka 2026 and was featured in The Island of 05th March,

Sandeepa Sewmini was crowned Miss Supranational 2026 and will represent Sri Lanka at the big event to be held in Poland later in the year.

A Business Management and Human Resources student, she will be competing under the guidance of Rukmal Senanayake from the Model With Ruki – Model Academy & Agency.

The Mister Supranational Sri Lanka crown went to Demitha Jayawardhana, a 20-year-old professional model and motocross rider.

Apart from modelling he is engaged in his family business.

Demitha Jayawardhana: Mister Supranational Sri Lanka 2026

Demitha is also a badminton player with a strong passion for sports, fitness and personal growth.

In fact, he is recognised for his strength, discipline, and passion for fitness.

A past student of Wycherley International School and St Peter’s College, Colombo, Demitha is currently in his second year of Economics Management at the Royal Institute of Colombo.

He will represent Sri Lanka at the 10th edition of the Mister Supranational pageant, in Poland, in August, 2026.

Mister and Miss Supranational are annual international beauty pageants, held in Poland, and are designed to discover new talent for the modelling and television industries and produce instant celebrities.

The competition focuses on elegance, intelligence, and social advocacy, with contestants, representing their countries.

The newly appointed Miss Teen International Sri Lanka 2026 is Diwyanjana Senevirathna.

She was crowned at the Future Model Hunt and will represent Sri Lanka at the Miss Teen International 2026 pageant in India.

Diwyanjana is noted for her grace and dedication to representing the country at this prestigious event that aims to celebrate talent, intelligence, charm, and individuality, and provide a platform for young girls to showcase their skills.

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