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The 20A:

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A very wrong approach to Constitution-making

by Jayadeva Uyangoda

The proposed 20th Amendment has several major defects. One of its key faults is that its sponsors and framers have chosen a very wrong approach to constitution-making.

There are several reasons why this approach is wrong.

The first is their refusal to learn constructive lessons from the past constitutional reform experiments. The lessons that seem to have been learned are all partisan, narrow-mimed, politically short-sighted, and therefore, wrong ones.

The second is that the framers of the 20A are not animated by the larger democratic interests of the political community which Sri Lankan people constitute collectively. Instead, the primary motivating factor seems to be political self-interest.

The third is that the proposed Amendment is totally devoid of a democratic normative framework relevant to our society and its own progressive-modernist legacies of constitutionalism. Instead, in disinheriting the progressive legacies of our society’s modern political and social life, it builds itself on one or two dreadful and destructive experiments of constitution-making in the recent past.

Lessons from the Past

Sri Lanka has a relatively long history of unmaking, making and amending constitutions. They offer a rich array of lessons about what to be avoided as well in constitution-making.

Both the First and Second Republican Constitutions of 1972 and 1978 together and individually offer the following lessons:

(a) Any popular mandate for a new Constitution should not be interpreted as licence to undermine or remove the democratic checks and balances in the exercise of political power. The reason is quite clear: it would encourage rulers and bureaucracies to violate with impunity citizens’ freedoms and liberties. Such misuse of the popular mandate is certain to produce tyrannical consequences and ultimately will erode the legitimacy of the government itself.

(b) Undermining the rule of law, weakening the independence of the judiciary, and making the accountability institutions subservient to the executive will initially please the egos of the politicians and officials, but in the long run are bound to create a deep chasm between the government and the citizens, rulers and the ruled.

(c) The eventual political cost of ignoring minority demands for political equality and equal citizenship rights in a constitutional scheme can be quite high. It will create a condition of unending ethnic tension in society as well as between the state and the alienated minorities.

(d) Constitutions with undemocratic intent as well as content will harm the legitimacy of not only the government in power, but also the prevailing system as a whole.

 

Lessons from 1978C and its 18A

Both the original 1978 Constitution and its 18th Amendment, together as well as individually, offer us the following crucial lessons:

(a) Any ruling party or government that ignores the golden rule of democratic governance that (a) political power is NOT unlimited and that (b) the right to, and exercise of, political power has inherent limits will do so only at its own peril.

(b) Any new Constitution, or any major alteration to an existing one, should not be designed to please the personal desires (‘whims and fancies’) of an individual, however powerful he or she may be at the time of constitution-making. A constitution thus designed is certain to come into conflict with the actual and objective needs of society as well as aspirations of its citizens.

(c) A new constitutional scheme should not be designed to serve only the interests of newly emerged wealthy elites in society. When a Constitution becomes an instrument of a narrow class of wealthy elites, who are suspicious of the dispersal of political power among citizens in a democracy, and entertain political ambitions to capture the state, it runs the risk of providing legality to despotism.

 

Lessons from 19A

There are four key lessons, among many, to be learned from the process of making the much-maligned 19th Amendment:

(a) Wide consultation in the drafting process is not only useful, but also helpful to improve the level of democratic health in the polity.

(d) It is always better to build consensus across all political parties in Parliament for a major amendment or a new Constitution. Constitutional consensus-building in a deeply divided polity like ours is a frustrating and time-consuming political exercise. Yet, it enables all, or a majority of, the stakeholders to take part in the process, make their inputs, and claim some ownership to the outcome although for partisan political reasons, some might later withdraw from the consensus.

(e) If the consultation and consensus-building in constitution-making is not politically managed with clarity of purpose, the overall goals of the constitutional compromise may run the risk of producing a constitutional scheme with potentially harmful internal anomalies and contradictions.

(f) A democratic constitution-making exercise today needs, more than ever, an unwavering political leadership to champion it through to the end by innovative and imaginative democratic means. The reason is a paradoxical one. Alternatives to democracy are also competing with democracy, with enormous material resources, to gain popular support and loyalty through democratic means. In this age of right-wing populism, media-manufactured popular consent and manipulation of public perceptions through information pollution, post-democratic alternatives tend gain easy currency and public legitimacy.

 

Constitutions and the Political Community

A Constitution is in the final analysis a Constitution for the entire political community within a country. Although the basic nature of that constitution may be conceptualised by a ruling party, to be sustainable and be able to survive post-regime change shocks, it should not reflect only the agenda of that ruling party or an individual leader. Experience in Sri Lanka as well as other countries shows that such constitutions have been the first step to despotism in some form.

Rather, a Constitution should embody the highest democratic goals and aspirations – ‘noble ends’ — of the political community, that are open to be shared voluntarily by the vast majority of members of that political community, notwithstanding the momentary shifts in their political judgment occasionally expressed at periodic elections.

A Normative Framework Needed

A good Constitution is always a democratic one. A good democratic Constitution for Sri Lanka should be guided by a value framework embodying a synthesis of the normative ethics which the people of our political community have inherited from our own liberal democratic, republican and social-egalitarian traditions, evolved through our own political and social modernity.

The Indian and South African Constitutions are model post-colonial Constitutions that are guided by such a value synthesis, derived from the best traditions of modern constitutionalism as well as egalitarian and social-justice impulses inherent in their local cultures and histories.

 

What legacy? What inheritance?

Finally, Sri Lankan constitution-makers should not consider the South-East Asian developmentalist authoritarian state model as a new constitutional template for Sri Lanka, because it goes against our own progressive constitutionalist legacy evolved during the past century or so.

What needs to be inherited and further advanced is that progressive strand of constitutionalism which we can claim as authentically modern and local. It appears that the framework of 20A have sought inspirations from wrong constitutional models, at home and abroad, that are devoid of any democratic normative content.

The Supreme Court, where the constitutional validity of the proposed 20th Amendment will be examined and debated, is an eminently suitable forum to raise these points as well. In a number of previous judgments, and as recently as December 2018, our Supreme Court has repeatedly validated the inherent normative framework of Sri Lanka’s own tradition of democratic constitutionalism.

Alerting our Honourable Justices, who make up the much revered public institution that is the last bastion of citizens’ freedom and democracy, should also be a part of the struggle for re-inheriting and defending our own best legacies of political and social modernity.



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People set example for politicians to follow

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Disaster relief (AFP picture)

Some opposition political parties have striven hard to turn the disaster of Cyclone Ditwah to their advantage. A calamity of such unanticipated proportions ought to have enabled all political parties to come together to deal with this tragedy. Failure to do so would indicate both political and moral bankruptcy. The main issue they have forcefully brought up is the government’s failure to take early action on the Meteorological Department’s warnings. The Opposition even convened a meeting of their own with former President Ranil Wickremesinghe and other senior politicians who shared their experience of dealing with natural and man-made disasters of the past, and the present government’s failures to match them.

The difficulty to anticipate the havoc caused by the cyclone was compounded by the neglect of the disaster management system, which includes previous governments that failed to utilise the allocated funds in an open, transparent and corruption free manner. Land designated as “Red Zones” by the National Building Research Organisation (NBRO), a government research and development institute, were built upon by people and ignored by successive governments, civil society and the media alike. NBRO was established in 1984. According to NBRO records, the decision to launch a formal “Landslide Hazard Zonation Mapping Project (LHMP)” dates from 1986. The institutional process of identifying landslide-prone slopes, classifying zones (including what we today call “Red Zones”), and producing hazard maps, started roughly 35 to 40 years ago.

Indonesia, Thailand and the Philippines which were lashed by cyclones at around the same time as Sri Lanka experienced Cyclone Ditwah were also unprepared and also suffered enormously. The devastation caused by cyclones in the larger southeast Asian region is due to global climate change. During Cyclone Ditwah some parts of the central highlands received more than 500 mm of rainfall. Official climatological data cite the average annual rainfall for Sri Lanka as roughly 1850 mm though this varies widely by region: from around 900 mm in the dry zones up to 5,000 mm in wet zones. The torrential rains triggered by Ditwah were so heavy that for some communities they represented a rainfall surge comparable to a major part of their typical annual rainfall.

Inclusive Approach

Climate change now joins the pantheon of Sri Lanka’s challenges that are beyond the ability of a single political party or government to resolve. It is like the economic bankruptcy, ethnic conflict and corruption in governance that requires an inclusive approach in which the Opposition, civil society, religious society and the business community need to join rather than merely criticise the government. It will be in their self-interest to do so. A younger generation (Gen Z), with more energy and familiarity with digital technologies filled, the gaps that the government was unable to fill and, in a sense, made both the Opposition and traditional civil society redundant.

Within hours of news coming in that floods and landslides were causing havoc to hundreds of thousands of people, a people’s movement for relief measures was underway. There was no one organiser or leader. There were hundreds who catalysed volunteers to mobilise to collect resources and to cook meals for the victims in community kitchens they set up. These community kitchens sprang up in schools, temples, mosques, garages and even roadside stalls. Volunteers used social media to crowdsource supplies, match donors with delivery vehicles, and coordinate routes that had become impassable due to fallen trees or mudslides. It was a level of commitment and coordination rarely achieved by formal institutions.

The spontaneous outpouring of support was not only a youth phenomenon. The larger population, too, contributed to the relief effort. The Galle District Secretariat sent 23 tons of rice to the cyclone affected areas from donations brought by the people. The Matara District Secretariat made arrangements to send teams of volunteers to the worst affected areas. Just as in the Aragalaya protest movement of 2022, those who joined the relief effort were from all ethnic and religious communities. They gave their assistance to anyone in need, regardless of community. This showed that in times of crisis, Sri Lankans treat others without discrimination as human beings, not as members of specific communities.

Turning Point

The challenge to the government will be to ensure that the unity among the people that the cyclone disaster has brought will outlive the immediate relief phase and continue into the longer term task of national reconstruction. There will be a need to rethink the course of economic development to ensure human security. President Anura Kumara Dissanayake has spoken about the need to resettle all people who live above 5000 feet and to reforest those areas. This will require finding land for resettlement elsewhere. The resettlement of people in the hill country will require that the government address the issue of land rights for the Malaiyaha Tamils.

Since independence the Malaiyaha Tamils have been collectively denied ownership to land due first to citizenship issues and now due to poverty and unwillingness of plantation managements to deal with these issues in a just and humanitarian manner beneficial to the workers. Their resettlement raises complex social, economic and political questions. It demands careful planning to avoid repeating past mistakes where displaced communities were moved to areas lacking water, infrastructure or livelihoods. It also requires political consensus, as land is one of the most contentious issues in Sri Lanka, tied closely to identity, ethnicity and historical grievances. Any sustainable solution must go beyond temporary relocation and confront the historical exclusion of the Malaiyaha Tamil community, whose labour sustains the plantation economy but who remain among the poorest groups in the country.

Cyclone Ditwah has thus become a turning point. It has highlighted the need to strengthen governance and disaster preparedness, but it has also revealed a different possibility for Sri Lanka, one in which the people lead with humanity and aspire for the wellbeing of all, and the political leadership emulates their example. The people have shown through their collective response to Cyclone Ditwah that unity and compassion remain strong, which a sincere, moral and hardworking government can tap into. The challenge to the government will be to ensure that the unity among the people that the cyclone disaster has brought will outlive the immediate relief phase and continue into the longer term task of national reconstruction with political reconciliation.

by Jehan Perera

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An awakening: Revisiting education policy after Cyclone Ditwah

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One of the schools flooded during the recent disasters. (Image courtesy Sri Lanka Navy)

In the short span of two or three days, Cyclone Ditwah, has caused a disaster of unprecedented proportions in our midst. Lashing away at almost the entirety of the country, it has broken through the ramparts of centuries old structures and eroded into areas, once considered safe and secure.

The rains may have passed us by. The waters will recede, shops will reopen, water will be in our taps, and we can resume the daily grind of life. But it will not be the same anymore; it should not be. It should not be business as usual for any of us, nor for the government. Within the past few years, Sri Lankan communities have found themselves in the middle of a crisis after crisis, both natural and man-made, but always made acute by the myopic policies of successive governments, and fuelled by the deeply hierarchical, gendered and ethnicised divides that exist within our societies. The need of the hour for the government today is to reassess its policies and rethink the directions the country, as a whole, has been pushed into.

Neoliberal disaster

In the aftermath of the devastation caused by the natural disaster, fundamental questions have been raised about our existence. Our disaster is, in whole or in part, the result of a badly and cruelly managed environment of the planet. Questions have been raised about the nature of our economy. We need to rethink the way land is used. Livelihoods may have to be built anew, promoting people’s welfare, and by deveoloping a policy on climate change. Mega construction projects is a major culprit as commentators have noted. Landslides in the upcountry are not merely a result of Ditwah lashing at our shores and hills, but are far more structural and points to centuries of mismanagement of land. (https://island.lk/weather-disasters-sri-lanka-flooded-by-policy-blunders-weak-enforcement-and-environmental-crime-climate-expert/). It is also about the way people have been shunted into lands, voluntarily or involuntarily, that are precarious, in their pursuit of a viable livelihood, within the limited opportunities available to them.

Neo liberal policies that demand unfettered land appropriation and built on the premise of economic growth at any expense, leading to growing rural-urban divides, need to be scrutinised for their short and long term consequences. And it is not that any of these economic drives have brought any measure of relief and rejuvenation of the economy. We have been under the tyrannical hold of the IMF, camouflaged as aid and recovery, but sinking us deeper into the debt trap. In October 2025, Ahilan Kadirgamar writes, that the IMF programme by the end of 2027, “will set up Sri Lanka for the next crisis.” He also lambasts the Central Bank and the government’s fiscal policy for their punishing interest rates in the context of disinflation and rising poverty levels. We have had to devalue the rupee last month, and continue to rely on the workforce of domestic workers in West Asia as the major source of foreign exchange. The government’s negotiations with the IMF have focused largely on relief and infrastructure rebuilding, despite calls from civil society, demanding debt justice.

The government has unabashedly repledged its support for the big business class. The cruelest cut of them all is the appointment of a set of high level corporate personalities to the post-disaster recovery committee, with the grand name, “Rebuilding Sri Lanka.” The message is loud and clear, and is clearly a slap in the face of the working people of the country, whose needs run counter to the excessive greed of extractive corporate freeloaders. Economic growth has to be understood in terms that are radically different from what we have been forced to think of it as, till now. For instance, instead of investment for high profits, and the business of buy and sell in the market, rechannel investment and labour into overall welfare. Even catch phrases like sustainable development have missed their mark. We need to think of the economy more holistically and see it as the sustainability of life, livelihood and the wellbeing of the planet.

The disaster has brought on an urgency for rethinking our policies. One of the areas where this is critical is education. There are two fundamental challenges facing education: Budget allocation and priorities. In an address at a gathering of the Chamber of Commerce, on 02 December, speaking on rebuilding efforts, the Prime Minister and Minister of Education Dr. Harini Amarasuriya restated her commitment to the budget that has been passed, a budget that has a meagre 2.4% of the GDP allocated for education. This allocation for education comes in a year that educational reforms are being rolled out, when heavy expenses will likely be incurred. In the aftermath of the disaster, this has become more urgent than ever.

Reforms in Education

The Government has announced a set of amendments to educational policy and implementation, with little warning and almost no consultation with the public, found in the document, Transforming General Education in Sri Lanka 2025 published by the Ministry of Education. Though hailed as transformative by the Prime Minister (https://www.news.lk/current-affairs/in-the-prevailing-situation-it-is-necessary-to-act-strategically-while-creating-the-proper-investments-ensuring-that-actions-are-discharged-on-proper-policies-pm), the policy is no more than a regurgitation of what is already there, made worse. There are a few welcome moves, like the importance placed on vocational training. Here, I want to raise three points relating to vital areas of the curriculum that are of concern: 1) streamlining at an early age; relatedly 2) prioritising and privileging what is seen as STEM education; and 3) introducing a credit-based modular education.

1. A study of the policy document will demonstrate very clearly that streamlining begins with Junior Secondary Education via a career interest test, that encourages students to pursue a particular stream in higher studies. Further Learning Modules at both “Junior Secondary Education” and “Senior Secondary Education Phase I,” entrench this tendency. Psychometric testing, that furthers this goal, as already written about in our column (https://kuppicollective.lk/psychometrics-and-the-curriculum-for-general-education/) points to the bizarre.

2. The kernel of the curriculum of the qualifying examination of Senior Secondary Education Phase I, has five mandatory subjects, including First Language, Math, and Science. There is no mandatory social science or humanities related subject. One can choose two subjects from a set of electives that has history and geography as separate subjects, but a Humanities/Social Science subject is not in the list of mandatory subjects. .

3. A credit-based, modular education: Even in universities, at the level of an advanced study of a discipline, many of us are struggling with module-based education. The credit system promotes a fragmented learning process, where, depth is sacrificed for quick learning, evaluated numerically, in credit values.

Units of learning, assessed, piece meal, are emphasised over fundamentals and the detailing of fundamentals. Introducing a module based curriculum in secondary education can have an adverse impact on developing the capacity of a student to learn a subject in a sustained manner at deeper levels.

Education wise, and pedagogically, we need to be concerned about rigidly compartmentalising science oriented, including technological subjects, separately from Humanities and Social Studies. This cleavage is what has led to the idea of calling science related subjects, STEM, automatically devaluing humanities and social sciences. Ironically, universities, today, have attempted, in some instances, to mix both streams in their curriculums, but with little success; for the overall paradigm of education has been less about educational goals and pedagogical imperatives, than about technocratic priorities, namely, compartmentalisation, fragmentation, and piecemeal consumerism. A holistic response to development needs to rethink such priorities, categorisations and specialisations. A social and sociological approach has to be built into all our educational and development programmes.

National Disasters and Rebuilding Community

In the aftermath of the disaster, the role of education has to be rethought radically. We need a curriculum that is not trapped in the dichotomy of STEM and Humanities, and be overly streamlined and fragmented. The introduction of climate change as a discipline, or attention to environmental destruction cannot be a STEM subject, a Social Science/Humanities subject or even a blend of the two. It is about the vision of an economic-cum-educational policy that sees the environment and the economy as a function of the welfare of the people. Educational reforms must be built on those fundamentals and not on real or imagined short term goals, promoted at the economic end by neo liberal policies and the profiteering capitalist class.

As I write this, the sky brightens with its first streaks of light, after days of incessant rain and gloom, bringing hope into our hearts, and some cheer into the hearts of those hundreds of thousands of massively affected people, anxiously waiting for a change in the weather every second of their lives. The sense of hope that allows us to forge ahead is collective and social. The response by Lankan communities, to the disaster, has been tremendously heartwarming, infusing hope into what still is a situation without hope for many. This spirit of collective endeavour holds the promise for what should be the foundation for recovery. People’s demands and needs should shape the re-envisioning of policy, particularly in the vital areas of education and economy.

(Sivamohan Sumathy was formerly attached to the Department of English, University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Sivamohan Sumathy

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ABBA scene in Doha … Ishini in the spotlight

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The group ABBA, from Sweden, officially disbanded in 1982, and that made room for several ABBA imitators to come into the scene.

What’s more, ABBA tribute concerts are also turning out to be popular with music lovers who still appreciate, and enjoy, the music of ABBA.

With this in mind, Treffen House Hotel, in Doha, decided to put together a series of ABBA Tribute Concerts which were held, in the hotel itself, on 27th, 28th and 29th November, 2025.

To do the needful, on stage, they selected our very own Ishini Fonseka and her participation certainly did highlight the global appeal of ABBA’s music and the talent of Sri Lankan artistes.

The tribute shows brought the magic of ABBA’s hits to the audience,

On stage belting out the ABBA hits

Backed by a Sri Lankan band, the Vibes, based in Qatar, Ishini was in the spotlight for one hour, each night, belting out the hits of ABBA.

She also obliged the audience, from various nationalities, with a few hit songs in Hindi, Tamil and Sinhala.

Her repertoire included the best of ABBA hits, such as ‘Mamma Mia’, ‘Dancing Queen’, ‘Chiquitita’ and many more.

Being a multi-instrumentalist, she also played the piano, and guitar, as well, while singing some of the beautiful ABBA songs.

The three-day concert was a part of a Sri Lankan food festival, held at the hotel, in which several unique Sri Lankan cuisines were promoted internationally.

The event’s main sponsor was Prime Lands, and the event focused on the importance of investing on Real Estate, especially since the foreign currency sent to Sri Lanka benefits the country’s economy vastly.

Kumudu Fonseka, the General Manager of Treffen House Hotel, the main man behind the spectacular three-day Sri Lankan Food Festival, I’m told, is very keen to highlight the uniqueness of Sri Lanka.

He also has plans to put together a charity concert to raise funds for the people in Sri Lanka, affected by Cyclone Ditwah.

The Chief Guest, on the second day, was the Ambassador of Sri Lanka, who personally appreciated and admired Ishini Fonseka for bringing back her childhood memories of ABBA.

Ishini was involved in three other events, at the hotel, as a guest star, before returning home.

Her next foreign assignment is to the Maldives, on 22nd December, with her band Ishini & The Branch.

She will be doing the Christmas and New Year’s Eve scene in the Maldives and will be back, in Sri Lanka, on 02nd January 2026.

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