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TNA unveils its constitutional proposals

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The TNA has called upon the Experts Committee to Draft a new Constitution to adhere to the following principles:

1. Nature of the State:

(1) Sri Lanka (Ceylon) shall be recognised as a free, sovereign, independent and united Republic comprising the institutions of the Centre and of the Regions, which shall exercise powers of governance as laid down in the Constitution.

(2) One of the Regions shall be for the territory predominantly occupied by the Tamil-speaking peoples in the North-East.

 

2. Fundamental Rights:

The Constitution shall include a comprehensive list of fundamental rights and freedoms, founded on human dignity and personal autonomy, and reflecting the full gamut of Sri Lanka’s international human rights obligations.

 

3. Language:

(1) The Constitution shall recognise Sinhala, Tamil, and English as the official languages throughout Sri Lanka, and the languages of administration in the entire island.

(2) Citizens should have a right to interact with the State, whether in person or in correspondence, in the language of their choice.

(3) The Constitution should specify that official documents, notices or directives which communicate, imply or impose a penalty or fine or punishment have no force or effect in law in the event they are issued in violation of language rights.

 

4. The Executive:

(1)The Constitution shall provide for a government with a ceremonial President who is accountable to Parliament, and who acts on the advice of the Prime Minister. The Prime Minister shall be the head of the cabinet of ministers.

(2

)The cabinet of ministers, the state ministers, and the deputy ministers, shall be appointed by the President on the advice of the Prime Minister from amongst members of Parliament. Assignment of subjects and functions shall be within the powers of the Prime Minister, and these powers may be exercised by the Prime Minister at any time.

 

5. The Legislature:

(1) The Constitution shall provide for a bicameral legislature with a chamber comprising members directly elected by the people, and a second chamber comprising representatives of the Regions.

(2) Legislation shall be passed upon passage of a Bill by simple majority through both chambers, except in the case of amendments to the Constitution, in which case, the Bill shall be passed with a two-thirds majority in both chambers. And in the case of amendments affecting devolution to the Regions, it shall have an additional requirement of assent by every one of the delegations from the Regions to the second chamber.

 

6. Sharing of Powers of Governance:

(1) There shall be Regional Councils for every Region, as defined in a schedule to the Constitution.

(2) There shall be a Governor for each Region, who shall be appointed by the President on the advice of the Chief Minister of the relevant Regional Council, and such advice shall only be given with the approval of the Regional Council.

(3) The Governor shall, except as provided in the Constitution, act on the advice of the Chief Minister and the cabinet of ministers of the Regional Council.

(4) Regional Councils shall have legislative power over subjects specified in a schedule to the Constitution. The statutes duly enacted by a Regional Council shall prevail over all previous legislation on the same subject with respect to the relevant region.

(5) Suitable time-bound arrangements shall be made with regard to Governor’s assent to statutes to avoid delay.

(6) National policy on a devolved subject defeats the object of devolution. Therefore, all Regions must be consulted and where all Regions agree, national policy must be confined to framework legislation within which Regions can exercise fully legislative and executive power pertaining to the devolved subject. Framework legislation shall not curtail devolved power.

(7) The Central Legislature may make laws with respect to subjects devolved to the Regional Councils, provided all Regional Councils vote to approve the said Bill. Where a Regional Council does not so approve, the Act, if passed, shall not have force or effect within the said Region.

(8) Devolved power cannot be overridden or taken back without the consent of the Region concerned. In the case of Constitutional amendments affecting devolution, it should have the approval of every regional delegation from the Regions in addition to two third majority votes in both Houses.

(9) Assignment of subjects and functions shall be based on the principle of maximum possible devolution. All subjects other than such subjects as must necessarily be with the Central Government, such as national security, national defence, armed forces, foreign affairs, and national economic affairs, must be devolved.

(10) Some of the important subjects and functions to be devolved shall include (but not be limited to):

 

a. land;

b. law and order;

c. education including tertiary education;

d. health;

e. housing and construction;

f. agriculture and agrarian services;

g. irrigation;

h. fisheries;

i. animal husbandry and livestock development;

j. resettlement and rehabilitation;

k. local government;

1. regional public service;

m. regional police service;

n. religious and cultural affairs;

p. all other socioeconomic and cultural matters;

o. cooperatives and cooperative banks;

q. industries; and

r. taxation, central grants, international and domestic loans and grants, and foreign direct investment.

(11) All appointments to the regional public service and regional police service, other than the Chief Secretary and other secretaries to regional ministries, shall be made by the Regional Public Service Commission and the Regional Police Commission, as the case may be, which shall be answerable and responsible to the Chief Minister and to the cabinet of ministers of the relevant Region.

(12) The Chief Secretary shall be appointed by the President with the concurrence of the Chief Minister of the Region, and shall be removable by the President on the advice of the Chief Minister. Secretaries to regional ministries shall be appointed by the Governor on the recommendation of the Chief Minister and the cabinet of ministers of the relevant Region, and shall be removable on their advice.

(13) There shall be adequate provision made in the Constitution for the protection of the minority communities in every Region.

 

7. The Judiciary:

(1) The Constitution shall provide fora Constitutional Court, comprising members appointed by the Constitutional Council, to hear and determine the constitutionality of legislation made by the Central Legislature and statutes made by Regional Councils. Such power may be exercised prior to the enactment of such law or statute, or after enactment, whether it arises in the course of legal proceedings or by the direct institution of proceedings.

(2) In respect of matters relating to the interpretation of the Constitution, the decisions of the Constitutional Court shall be final.

(3) Jurisdiction with respect to fundamental rights applications shall be exercised by the Provincial High Courts.

 

8. Public Security:

(1) The Constitution shall provide that the declaration of a state of emergency shall be made by the President, on the advice of the Prime Minister, or on the advice of the Governor of the Region with the concurrence of the Chief Minister of Region. Such a state of emergency shall only be declared when there are reasonable grounds to apprehend the existence of a clear and present danger to public security, preservation of public order (including preservation of public order consequent to natural disasters and epidemics) or the maintenance of supplies and services essential to the life of the community in the country or Region. A state of emergency can be declared only with respect to the territory where such a clear and present danger prevails.

(2) The declaration of emergency shall state the basis on which such a state of emergency was declared, and shall be limited in time.

(3) The Declaration of Emergency shall, be subject to parliamentary approval or the relevant Regional Council’s approval, as the case may be, and be subject to judicial review by the Constitutional Court. If such approval is not granted, or where the Constitutional Court so holds, such Declaration of Emergency shall stand rescinded.

 

9. Land:

(1) Land shall be a devolved subject. All state land used by the Central Government for a subject in the Central List shall be continued to be used by the Central Government. Rights acquired by citizens in state land shall be preserved. All other state land shall vest in the Region concerned, and can be used by the Region in terms of its devolved powers over land.

(2) Alienation of state land shall be done on the basis of the principles enunciated in the Bandaranaike-Chelvanayakam Pact and Senanayake-Chelvanayakam Pact.

(3) Regions shall have powers of land acquisition and requisition.

 

10. Pollce:

(1) Law and order shall be a devolved subject.

(2) There shall be a National Police Force, and Regional Police Forces for each Region.

(3) Offences that are reserved to be dealt with by the National Police shall be listed in a schedule to the Constitution. All other offences shall be within the purview of the Regional Police.

(4) The head of the Regional Police shall be the Regional Police Commissioner, who shall he appointed by the Governor on the advice of the Chief Minister of the Region, There shall be a Regional Police Commission to be appointed by the Governor on the advice of the Chief Minister and the leader of the opposition of the relevant Regional Council. Appointment and disciplinary control of Regional Police personnel shall be under the Regional Police Commission. The Regional Police Commissioner shall be answerable and responsible to the Regional Minister, entrusted with the subject of law and order.

 

Signed

– R. Sampanthan MP Leader, Tamil National Alliance and Parliamentary Croup Leader of ITAK

– Sgd. Mavai S. Senathirajah – Leader. ITAK and co-leader, TNA

-Sgd. Selvam Adaikalanathan, MP – Leader. TELO and co-leader, TNA

– Sgd. D Sithadthan, MP – Leader, PLOTE and co-leader. TNA



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Discussion on Sri Lanka Customs’ contribution for National Export Development Plan

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A discussion on the modernisation initiatives required within the Sri Lanka Customs and measures to encourage exporters in support of implementing the National Export Development Plan (NEDP) 2026–2030 was held on Wednesday (17)  morning at the Presidential Secretariat under the patronage of Secretary to the President, Dr. Nandika Sanath Kumanayake.

The meeting, organised by the Revenue Administration Reform and Modernization Bureau established under the Presidential Secretariat, focused extensively on the modernisation measures required within Sri Lanka Customs to facilitate the expansion of exports.

During the discussion, the Secretary to the President instructed Sri Lanka Customs to enhance the capacity, facilities and modernisation of the Export Facilitation Centre, where export containers are inspected, in order to create a more efficient and exporter-friendly environment.

Attention was also drawn to developing a programme aimed at encouraging exporters across the country to enter the export sector. The Secretary to the President further emphasised the need to review the Temporary Import for Export Processing (TIEP) scheme currently operated by the Customs Industrial Facilitation Division and to introduce a programme to support small and medium-sized enterprises (SMEs) that have not yet engaged in export activities.

The meeting also explored the possibility of decentralising customs operations to support the expansion of the export sector, with particular attention given to establishing a Customs Export Centre in Jaffna.

Discussions were also held on removing barriers affecting exports conducted through e-commerce platforms. It was decided to hold further discussions with the Department of Posts on measures that could be taken jointly to streamline these processes.

Participants also discussed introducing digital systems to expedite document processing, thereby reducing both, time and costs, as well as implementing a risk-based assessment mechanism that would provide greater facilitation for low-risk exporters.

It was further decided that Sri Lanka Customs, the Sri Lanka Export Development Board (EDB) and other relevant institutions would meet monthly under the leadership of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat to review progress, identify challenges faced by exporters and discuss appropriate solutions.

The National Export Development Plan has been formulated in line with the national vision, “A Thriving Nation – A Beautiful Life”, with the objective of enhancing Sri Lanka’s export competitiveness and achieving an ambitious yet realistic export revenue target of USD 36 billion by 2030.

Director General of Customs Wimal Liyanagama, Chairman of the Sri Lanka Export Development Board (EDB) Mangala Wijesinghe, Additional Directors General of Sri Lanka Customs T. Loganathan and L.K.S.D.K. Arewatta, Director of the Sri Lanka Export Development Board Dr. Sanjeewa Rathnasekara, Director of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat W.L.C. Thilakasiri and senior officials from Sri Lanka Customs and the Sri Lanka Export Development Board were also present.

[PMD]

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Military held land: Govt. trying to maintain balance between security and civilian needs

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Deputy Defence Minister Maj. Gen. Jayasekera receiving a field briefing during a recent visit to the Jaffna peninsula (pic courtesy MoD).

The NPP government is trying to maintain a balance between continuing demands for releasing north-east land held by the military and post-war security requirements, says Deputy Defence Minister Major General Aruna Jayasekera (Retd), who has undertaken a series of visits to the northern and eastern provinces in the recent past to explore ways and means of releasing the land, without compromising national security requirements.

Since the armed forces brought the war to a successful conclusion in May, 2009, releasing of both privately- and state-owned land began cautiously in October, 2009, and by now over 90 percent of both categories have been released. At the height of the war, before the launch of Eelam War IV, in August 2006, Jaffna peninsula had the largest concentration of troops assigned to four Divisions.

In the first week of June, Deputy Minister Jayasekera visited the Trincomalee District to ascertain the situation. The Defence Ministry said that the Deputy Minister had assessed the current status of such lands and received briefings from senior military officers and relevant officials on security and administrative aspects regarding the properties.

Following the field inspection, the Deputy Minister chaired a meeting at the Governor’s Secretariat Office where the discussion focused on what the Defence Ministry called a balanced and practical approach to address land-related issues, protect the livelihoods of the people, and ensure that national security requirements were properly managed.

Jayasekera, with a career spanning well over three decades, retired in November, 2019, after having last served as the Eastern Commander for about a year.

During his June visit, the Deputy Minister visited various security forces establishments, including the 22 Infantry Division.

A senior retired military official said that those who had been demanding that all security forces held land, both state- and privately-owned, be released, have conveniently forgotten that this was made possible due to the eradication of the LTTE.

The Deputy Defence Minister conducted a series of field visits in the Jaffna and Wanni regions to assess the security situation and operational commitments. According to the Defence Ministry, the Deputy Minister addressed senior tri forces personnel at the Security Forces Headquarters – Jaffna (SFHQ-J) and the Security Forces Headquarters – Wanni (SFHQ-Wanni).

The Deputy Minister chaired civil-military coordination meetings in the Mannar and Jaffna districts to the ongoing land ownership issues, fostering socio economic growth, and streamlining local infrastructure layout in close cooperation with the regional administrative mechanism. The Ministry said that the Deputy Minister inspected agricultural zones, private residences and public common areas, presently placed within the operational infrastructure of the Sri Lanka Navy across several locations, in Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimune.

Members of Parliament for the Vanni Electoral District, Selvam Adaikalanathan, Kader Masthan, Thurairasa Ravikaran and the District Secretary for Mannar were also present at the meeting where matters related to socio economic grievances, local infrastructure demands, and land rights of the local residents were central topic in the agenda.

The Deputy Minister of Defence chaired a second meeting at the Governor’s Office in Jaffna where the main focus was existing land issues in the districts of Vavuniya, Mannar, Mullaitivu, Kilinochchi, and Jaffna.

The Jaffna proceedings were co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources and Chairman of the District Coordinating Committee for the Jaffna and Kilinochchi Districts Ramalingam Chandrasekar and Deputy Minister of Co-operative Development Upali Samarasinghe.

The Defence Ministry said that stability depended on striking an optimal balance between prioritising national security obligations and resolving outstanding issues related to both state owned and privately used lands. “We are implementing a transparent mechanism to swiftly transition designated lands back into the hands of local communities for housing, fishing, and agriculture.”

The participation of the Commander of the Army and the Commander of the Navy underscored the importance of the discussions held in the north.

In the Mannar region the focus was on lands, presently used by the Navy, in the areas of Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimunai.

Authoritative sources said that since the end of the war, the military had given up held areas and what remained occupied were essential for security purposes. The depletion of the area under direct control should be examined taking into consideration gradual overall reduction of combined security forces strength over the years. At the end of the war, the Army had approximately 205,000 officers and men, both regular and volunteer. That figure has been reduced to 150,000 to 160,000. In line with the government thinking the Army strength would be brought down to 100,000 by 2030, a plan first announced by President Ranil Wickremesinghe.

By Shamindra Ferdinando

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Yoshitha granted bail, travel ban imposed

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Ex-Navy officer Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, being taken to the Colombo Chief Magistrate's court yesterday.

Colombo Chief Magistrate Lahiru de Silva yesterday granted bail to Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, on three sureties of Rs. 5 million each, and imposed an overseas travel ban.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arrested Yoshitha yesterday morning when he called over to make a statement regarding an ongoing investigation into his recruitment to the Sri Lanka Navy and training at the UK Royal Naval Academy.

CIABOC said that the arrest had been made in connection with an investigation into the 2006 recruitment of cadet officers to the executive branch of the Sri Lanka Navy.

It has been alleged that individuals were recruited without meeting the required qualifications and state funds were used outside established procedures for their training at the Royal Naval Academy in the UK.

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