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Gevindu reminds govt. of its promise to unveil draft Constitution
‘New Law should reflect post-war realities’
By Shamindra Ferdinando
SLPP National List MP Gevindu Cumaratunga says they expected the realisation of President Gotabaya Rajapaksa’s much touted assurance to place the proposed draft Constitution before the people ahead of the second anniversary of his victory at the Nov 2019 presidential election.
Lawmaker Cumaratunga, who leads civil society organization Yuthukama recalled how Justice Minister Ali Sabry, PC, on behalf of the President gave that assurance to Parliament. In a brief interview with The Island, the MP asserted that though Covid-19 caused quite a disruption, he strongly believed the draft Constitution should be presented next month as promised.
Minister Sabry, also of the SLPP National List announced the appointment of a nine-member experts’ committee to draft a new Constitution. The committee consists of Romesh de Silva (Chairperson), Manohara de Silva, PC, Gamini Marapana, PC, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC, Prof. Nadeema Kamurdeen, Prof. G. H. Peiris, Prof. Wasantha Seneviratne and Dr. A. Sarveshwaran.
Asked whether he really expected the expert committee to meet the deadline amidst current political turmoil compounded by the deepening financial crisis, MP Cumaratunga emphasized the pivotal importance in keeping to the original plan. “Proposed enactment of a new Constitution shouldn’t be derailed under any circumstances. Therefore, the presentation of the draft Constitution by Nov 2021 as promised shouldn’t be deferred,” lawmaker Cumaratunga said. The civil society activist underscored that the electorate overwhelmingly voted for Gotabaya Rajapaksa and the SLPP at the presidential and parliamentary elections, respectively to introduce a new Constitution.
Responding to another query, MP Cumaratunga said that the government couldn’t forget 6.9 mn voted for the SLPP candidate at the presidential and it received nearly two-thirds at the parliamentary poll as the electorate realized the need for a new Constitution. “Proposed new Constitution should reflect the ground situation. In other words, we need a Constitution that recognized Sri Lanka’s triumph over separatist campaign, reiterated unitary status and one that fulfilled the aspirations of those who voted for the SLPP at 2019 and 2020 national elections as well as the country as a whole,” the MP said.
Cumaratunga is among 17 members elected on the SLPP National List. The SLPP secured the lions’ share of the 29 NL whereas the main Opposition party, the Samagi Jana Balavegaya (SJB) won seven.
The Yuthukama Chief said that the introduction of comprehensive electoral reforms was of critical importance as the current system failed to address public concerns. Pointing out that the current Constitution and the Proportional Representation (PR) system had been introduced in 1978 and 1989, respectively, lawmaker Cumaratunga said that the country could no longer afford to continue with the same.
MP Cumaratunga also dealt with constitutional proposals made by him on behalf of Yuthukama to the experts’ committee as well as the Parliamentary Select Committee (PSC) on electoral reforms.
Referring to the outcome of the 2015 presidential election, MP Cumaratunga pointed out how the then Opposition candidate Maithripala Sirisena won the contest thanks to the overwhelming victories he achieved at certain electorates. Emphasizing that the 2015 election result hadn’t reflected the actual public opinion across the country, the lawmaker said they believed Sri Lanka should adopt a system similar to that of the US in respect of presidential election. Asked to explain, MP Cumaratunga said that the US elected the winner not only on the basis of votes but the territory as well.
Yuthukama
also proposed that 70 percent of the total number of MPs should represent electorates whereas 20 percent represent best losers and the remaining 10 percent constitute the National List.
Parliament now consists of 196 elected and 29 appointed members.
Commenting on the long delayed Provincial Council polls, MP Cumaratunga underscored their faith in the system. “Elections to PC should be conducted under the current system in place. PCs should be transformed to sort of coordinating institutions meant to develop the respective regions,” the MP said.
MP Cumaratunga said that he dealt with these issues in Parliament on Sept 7 though it didn’t receive sufficient media coverage.
Referring to recent reportage of Indian Foreign Secretary Harsh Vardhan Shringla’s three-day visit here, MP Cumaratunga said the UNP-SLFP administration that had the backing of India put off the PC polls. Pointing out external interventions at the 2015 presidential poll, MP Cumaratunga urged India to be sensitive to the vast majority of Sri Lankans than those disruptive political elements.
Cumaratunga pointed out a comprehensive statement issued by the Indian High Commission in Colombo following the conclusion of Shringla’s visit commented on the PC polls. MP Cumaratunga said that the yahapalana lot brought in amendments to the Provincial Council Act. That particular operation was meant to delay PC polls indefinitely as the then government caused such devastating crises it feared elections, MP Cumaratunga said.
Referring to SLMC leader Rauff Hakeem on Oct 7 stressing in Parliament the need to conduct PC polls urgently, lawmaker Cumaratunga said that those now represented the SJB, the TNA, the SLMC and Rishad Bathiudeen’s All Ceylon Makkal Congress (ACMC) contributed to the indefinite postponement of PC polls. “That is the undeniable truth. FS Shringla’s cannot be unaware of that though he was India’s Ambassador in Washington at that time,” MP Cumaratunga said, urging the government to set the record straight.
MP Cumaratunga said that the postponement of PC polls should be examined against the backdrop of the debilitating setback those in power at that time suffered at Local Government polls held in Feb 2018. With the emergence of the SLPP as the dominant political party in the country in the wake of Local Government polls, the yahapalana lot had no option but to infinitely puff PC polls. “They wanted to prevent further deterioration of the government. So the deferment of PC polls,” the MP said.
Recalling the enactment of the 13th Amendment to the Constitution under controversial circumstances as violence swept the country against the signing of the Indo-Lanka accord of July 29, 1987, MP Cumaratunga said that the expert committee headed by de Silva received many proposals in respect of PC system/13 A. Referring to President Gotabaya Rajapaksa’s Independence Day speech last year, lawmaker Cumaratunga said that the subjects like education and health should be under the purview of the government.
At the onset of MP Cumaratunga’s speech in Parliament on Oct.7, the civil society activist appreciated the proposed amendments to the Registration of Electors Act No 44 of 1980 to enable those reaching 18 years of age to exercise their franchise. The lawmaker expressed confidence the Parliament could reach unanimous consensus on this. MP Cumaratunga also appreciated making the National Identity Card (NIC) compulsory for voting as such moves greatly strengthened the overall electoral process.
MP Cumaratunga dealt with two other issues namely rampant corruption and the deterioration of the Local Government system due to amendments proposed by the JVP and the SLMC. The MP said that they sincerely hoped the expert committee and the PSC would take the entire gamut of issues and proposals into consideration before submitting the draft Constitution.
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Former President Mahinda Rajapaksa has arrived at the Bribery Commission
Former President Mahinda Rajapaksa has arrived to appear before the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) this morning (12) to provide a statement regarding the alleged SriLankan Airlines Airbus deal.
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Death of infant at Trinco District General Hospital: Suspended docs were at private hospital performing operation: Govt.
GMOA denies allegation, calls for independent probe by a panel of experts
The Health Ministry is considering whether criminal liability should be apportioned to two doctors, suspended over the death of an infant at the Trincomalee District General Hospital during a GMOA strike last month, official sources said.
Health Minister Dr. Nalinda Jayatissa said further investigations were underway to determine whether the doctors involved had committed any criminal offence in connection with the incident.
GMOA President Dr. Prabath Sugathadasa told The Island that his association had asked the Health MInistry to conduct an impartial investigation. Emphasising the need to include experts in the inquiry team, Dr. Sugathadasa said that the death at the Trincomalee hospital had not happened due to the doctors’ strike.
The GMOA always maintained emergency services during trade union action therefore the Trincomalee death couldn’t be blamed on the Association, he said.
The infant died on 09 April while members of the Government Medical Officers’ Association (GMOA) were on strike.
Following a preliminary investigation, the Ministry of Health suspended the services of the hospital’s obstetrics and gynaecology specialist and a senior medical officer.
Health Ministry sources said the suspension order had been issued last Friday by the Health Ministry Secretary after investigators uncovered what were described as serious lapses and negligence linked to the death of the newborn during childbirth.
According to investigators, a newborn in distress had been reported from the maternity ward at around 8.45 a.m. on 09 April. Although a resident midwife had alerted the relevant medical personnel, proper medical attention had allegedly not been provided.
The inquiry found that the mother’s suffering had been prolonged and complications had been allowed to develop without a timely intervention. Investigators also noted that adequate care had not been provided even after the patient had been admitted to the ward.
Preliminary findings further revealed that the doctor concerned had failed to participate in the delivery procedure, thereby losing a critical opportunity to prevent complications.
The investigation also found that despite the mother having fever and chills, necessary medical intervention had allegedly not been carried out.
Health Ministry sources said the inquiry had uncovered several irregularities in the discharge of duties, some of which had reportedly been highlighted previously in an official communication issued by the Ministry Secretary.
The Ministry confirmed that disciplinary action had been initiated against the doctors following the findings of the preliminary investigation.
Sources identified one of the suspended doctors as a specialist attached to the Trincomalee District General Hospital who also serves as the President of the GMOA branch at the hospital.
According to Health Ministry the two doctors, under investigation, had been attending to a caesarian operation at a private hospital, in Trincomalee, though they falsely claimed they were on strike.
News
Moves to strengthen environmental law after 24 years
The government yesterday (11) unveiled sweeping amendments to National Environmental Act No. 47 of 1980. It had been last amended in 2002. Authorities described the latest amendments as one of the country’s most significant environmental legal reforms aimed at protecting ecosystems and ensuring sustainable development.
The proposed amendments were announced during a media briefing held at the Department of Government Information under the patronage of Dr. Dammika Patabendi and Deputy Environment Minister Anton Jayakody.
Also present were Secretary to the Ministry of Environment K.R. Uduwawala, Environment Ministry Advisor Dr. Ravindra Kariyawasam, and Director General of the Central Environmental Authority Kapila Rajapaksha.
Speaking at the briefing, Minister Patabendi said the amendments were designed to breathe new life into environmental governance while aligning with the government’s policy vision of “A Sustainable Biosphere – A Green Life.”
“The environmental challenges confronting Sri Lanka today are far more complex than they were when this law was introduced in 1980,” Minister Patabendi said. “Therefore, we need a stronger and more modern legal framework capable of protecting ecosystems, ensuring environmental justice and safeguarding natural resources for future generations.”
The amended Bill, prepared with the participation of environmentalists, academics and other experts, has already been tabled in Parliament and is expected to be debated shortly.
One of the key features of the revised legislation is the legal strengthening of environmental responsibilities vested in local government authorities.
Under the new provisions, the Central Environmental Authority will have enhanced powers to take legal action against local authorities that fail to comply with environmental regulations and directives.
The legislation also empowers magistrates to impose substantial fines on institutions that ignore court orders aimed at rectifying environmental violations.
Minister Patabendi stressed that environmental protection could no longer remain secondary to economic development.
“Sustainable development must be based on scientific principles,” he said. “Development that destroys ecosystems is not development. Environmental conservation and economic progress must go hand in hand.”
The amendments further tighten controls over industries operating under Environmental Protection Licences (EPLs).
Authorities said industries that violate EPL conditions or fail to prevent serious industrial hazards could face suspension or cancellation of licences. The law also introduces provisions enabling temporary closure orders against industries operating in violation of environmental standards.
A major addition to the revised Act is the introduction of dedicated legal provisions governing hazardous waste and chemical management.
Under the new framework, the Environment Minister will have powers to enforce stricter regulations under the supervision of technical expert committees.
The Bill also criminalises the submission of false information in Environmental Impact Assessments (EIA/IEE) and unauthorised alterations to approved development projects.
In another significant move, Strategic Environmental Assessments (SEA) will become mandatory in state policymaking, a measure authorities say will place scientific analysis at the centre of national development planning.
Minister Patabendi described the reforms as essential for ensuring long-term environmental security in the face of climate change and ecological degradation.
“We are introducing laws not only for the present generation but for the generations yet to come,” he said. “Protecting wetlands, forests, water resources and biodiversity is now an urgent national responsibility.”
The amended legislation also introduces the globally recognised concept of Extended Producer Responsibility (EPR), which places responsibility on manufacturers for managing the full life cycle of their products, including post-consumer waste.
Environmentalists have long argued that Sri Lanka requires stronger legal mechanisms to address mounting waste management challenges, especially plastic pollution and hazardous waste disposal.
The revised Act additionally introduces a specialised legal framework for wetland conservation, reflecting growing concerns over the rapid degradation of sensitive ecosystems across the island.
Sri Lanka, recognised as one of the world’s biodiversity hotspots, possesses rich ecosystems ranging from tropical rainforests and mangroves to wetlands and dry-zone forests.
Environmental experts say the proposed reforms could significantly strengthen conservation efforts if effectively implemented.
Minister Patabendi said the government hoped the new legal framework would help secure a greener and more sustainable future for the country.
“Our responsibility is to leave behind a living environment that future generations can inherit with pride,” he said.
By Ifham Nizam
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