Features
Self-interested tinkering with the constitution
by Gnana Moonesinghe
Ever since discussion around the withdrawal of the 19th amendment and its anticipated replacement with the 20th amendment to the constitution reached the public arena, there has been a cacophony of voices supporting the need for a new amendment. The President has been returned on the basis of a mandate to amend 19A, they claimed. An unprecedented number of informed and uninformed individuals joined the debate to throw in their two cents worth of support or opposition.
At this point it is vital for the sake of clarity to define what we mean by a constitution and how changes are made to it. Why is a constitution essential for a nation? Let’s examine what a constitution is, why it is necessary or why the one in place is periodically tampered with and a new one put in place. Constitution making requires time, money and informed drafters; all of which are not always available.
Why does a nation require a constitution? A constitution is essential to enable governments to function within a set of pre-agreed concepts and regulations. This document which defines such concepts and regulations is referred to as the constitution and is universally accepted as being sacrosanct and once adopted, cannot be tampered with for good or flippant reasons other than under the specific rules prescribed by the constitution itself. Thus provision is provided to make change through amendments to the constitution, through a two thirds majority vote in the legislature, by holding of a referendum, by transforming the legislature into a constituent assembly, by judicial pronouncements or by setting up a constitutional council for this purpose.
Amendments to a constitution, rather than the enactment of a new one, are faster and less time consuming and financially more acceptable for developing countries. Hence the choice among most countries is to make such amendments to their constitutions if and when change is required. In Ceylon (or Sri Lanka) different governments have, over time, made several attempts at constitution making. Ceylon, as this island was then called, gained independence from the British in 1948 although it remained subject to a monarchy permitting appeals to the privy council, the highest court of appeal in the UK.
The second constitution was drawn in 1972 by politicians who were voted to office with a two third majority. In terms of its election manifesto, that government said it derived power from the sovereign people to draft a new constitution and transformed Parliament into a Constituent Assembly for this purpose. The main intention of changing the constitution was to make the country a Republic free of allegiance to the British Crown.
Regardless of its achievements, that government was overthrown in 1977 and a new government was elected with a 5/6th majority. Another experiment in constitution making, with an all powerful Executive created, was then launched. The Select Committee that was set up deemed JR Jayewardene (the then prime minister) as the elected Executive President, as approved by the sovereign people of the country, without reference to a referendum created by the new constitution for making changes affecting the franchise of the people. This was a fundamental change from a prime ministerial form of government to an all powerful presidential system. JRJ was of the view that a strong Executive was necessary for effective governance, most importantly for economic development.
During the 10-year period between 1978 and1988, sixteen amendments to the constitution were made. Of these the most important was the 13th amendment that was proposed for the establishment of provincial councils to appease the minority Tamils by granting them the right to administer Tamil majority areas. It was an attempt made to grant substantial provincial devolution although the Tamil parties were not satisfied by the extent of devolution.
The powers of the president were considered excessive by many and the presidents who followed JRJ all vowed to do away with the executive presidency with its excessive powers. But once in office, none entertained the need to reduce their own powers.
The excessive power vested in the President posed a problem to many. To add to this, the presidency began to be dominated by personality politics. Since 18A the office of the Executive was driven by the search for excessive power. In the process, the people’s interest became secondary. The enactment of 18A abolishing the two-term limit on the presidency, was the peak of greedy politicians’ self interest to cling on to power. But 19A restored the two-term limit and transferred some of the presidential powers to the legislature.
Many of the constitutional changes made by the coalition government of 2015 were cobbled in haste to fight the Rajapaksas and bring the corrupt to account. These failed miserably owing to strained relationships between the President and the Prime Minister. All too often the base instincts of man were used to engineer changes. While this should not have been permitted, all that happened was motivated by power politics or personality issues. It is a pathetic situation that some of the MPs who supported 19A were more than willing to throw their weight behind 20A giving the nation a powerful Executive with a two third majority in the legislature.
We have also seen politically mature people who had rejected the idea of dual citizens entering public office doing a volte face after the election of the new president. Dual citizen were granted the right to enter parliament under this amendment. It has been said that this provision will be removed in the new constitution. If this is true, it only bears witness to the flippant approach to constitutional changes in this country.
However that be, a consensual approach to constitution making will obviate frequent amendment of the country’s basic law. If and when change becomes necessary, they can be kept to a minimum and in terms of constitutional stipulations.
The purpose of this note is not to trace the constitutional development in the country but is meant to be a comment on the quality of the motivating factors that provoke changes to the constitution. Right now a group of experts have been charged with drafting a new constitution. What then was the need to do away with 19A and substitute it with 20A at this point of time?
Features
The challenge of keeping value-based politics alive
The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.
At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.
Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.
In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.
Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.
The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.
Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.
In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.
The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.
It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.
Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.
On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.
That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’
In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.
In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’
True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.
Features
Vesak celebrations … with Cuteefly
I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.
Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.
She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.
As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes
Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.
Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity
These handcrafted Vesak candles are perfect for offering at the temple, she says.
What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.
What’s more, her customers have heaped praise on her for her creativity.
According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.
Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”
Cuteefly, says Indunil, is available online.
Readers could contact Indunil on 0778506066 for more details.
He Facebook Page is: Cuteefly.

Handmade with love
Features
Dark Spots …
Yes, dark spots do crop up on the skin, especially with sun exposure and, of course, as the skin ages.
However, these tips should be of immense benefit to those who are faced with dark spots.
* Lemon and Honey Glow Mask:
You will need 01 teaspoon lemon juice and 01 teaspoon honey.
Mix the lemon juice and honey well and then apply this mixture, only on the dark spots.
Leave for 10–15 minutes and then rinse with cool water.
Benefits:
Lemon helps brighten pigmentation.
Honey moisturises and heals skin.
Gives a natural glow.
* Aloe Vera Gel Treatment:
All you need is fresh aloe vera gel.
Apply the gel apply on dark spots, before going to bed.
Leave overnight and wash in the morning.
Benefits:
Reduces acne marks and pigmentation.
Soothes irritated skin.
Helps skin repair naturally.
* Turmeric and Yoghurt Paste:
You will need 01 teaspoon yoghurt and a pinch of turmeric
Mix the yoghurt and turmeric into a smooth paste and apply on affected areas.
Leave for 15 minutes and then wash gently with lukewarm water.
Benefits:
Turmeric brightens skin naturally.
Yoghurt removes dead skin cells.
Helps fade dark spots gradually.
Use these packs 02-03 times a week as results are generally seen over time.
You can also try this out: Mix a ripe papaya into a smooth paste and apply to the face, or directly on to the dark spots. Leave for 15-20 minutes and then wash with lukewarm water.
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