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13 A should be abolished in line with GR’s mandate – Gevindu

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By Shamindra Ferdinando

Yuthukama leader Gevindu Cumaratunga, MP, yesterday (07) said that the 13th Amendment to the Constitution should be abolished.

The SLPP National List MP emphasized that President Ranil Wickremesinghe’s declaration to fully implement the controversial amendment, forced on Sri Lanka by India, was not acceptable to the vast majority of people here.

The civil society activist said so in response to media queries, following a meeting of Nidahas Janatha Sandhanaya, at the SLFP office, at Darley Road.

Lawmaker Cumaratunga said that President Wickremesinghe had conveniently forgotten that over 6.9 mn people voted for SLPP candidate Gotabaya Rajapaksa, at the last presidential election, in Nov. 2019, and then gave his party a 2/3 majority to introduce a new Constitution. A nine-member expert committee, that formulated a comprehensive set of proposals, handed over them to the government, MP Cumaratunga said, urging the Wickremesinghe-Rajapaksa administration to unveil the draft Constitution.

MP Cumaratunga reiterated that Sri Lanka needed what he called a post-war Constitution that reflected the eradication of separatist terrorism. Full implementation of the 13th Amendment would only strengthen the separatist agenda and cause irreversible damage to Sri Lanka’s unitary status, the MP declared.

Recalling great sacrifices made by the armed forces, to bring the LTTE down to its knees, MP Cumaratunga questioned how President Wickremesinghe, who also served as the Commander-in-Chief of armed forces, pursued a strategy that undermined Sri Lanka’s triumph over the LTTE.

Commenting on President Wickremesinghe’s assurance that he wouldn’t betray the Sinhala community and he wouldn’t go beyond the 13th Amendment, MP Cumaratunga said that the UNP leader owed an explanation regarding the utterly reckless constitution making process undertaken by his Yahapalana administration. “We remember what he did with the likes of TNA MP M.A. Sumanthiran and UNP National List MP Dr. Jayampathy Wickremaratne in line with the overall Geneva strategy.”

MP Cumaratunga said that India forced the 13th Amendment on Sri Lanka during the tail end of JRJ’s rule that received an extension by way of an utterly corrupt referendum held in late Dec. 1982 to avoid parliamentary elections. The civil society activist said that seven past Presidents, including JRJ, refrained from granting police and land powers as envisaged in the 13th Amendment whereas Wickremesinghe, who entered Parliament on the National List, after being rejected by the electorate, and was elected President by Parliament ,with the strength of the SLPP therein, but subsequently wanted to split the country.

The UNP leader had no mandate even to contemplate such a course of action. However, President Wickremesinghe could seek a fresh mandate if he really intended to go ahead with full implementation of the controversial law, introduced in late 1987, at a time a foreign Army occupied the Northern and Eastern Provinces and several terrorist groups were on the rampage there.

Perhaps, political parties and groups represented in Parliament should be reminded that the Supreme Court invalidated the merger of the Eastern Province with the Northern Province in Oct. 2006, MP Cumaratunga said.

Commenting on President Wickremesinghe’s declaration that he would grant police and land powers in terms of the 13th Amendment to the Constitution, MP Cumaratunga said that then the Prevention of Terrorism Act (PTA) shouldn’t be an issue as it, too, was the current law.

What is the JVP/Jathika Jana Balavegaya stand on the PTA? MP Cumaratunga asked. Pointing out that JJB National List MP Dr. Harini Amatasuriya had declared there was no harm in fully implementing 13tn Amendment due to it being part of the Constitution, MP Cumaratunga asked whether JVP/Jathika Jana Balavegaya would support PTA.

MP Cumaratunga said that contrary to public perception, the JVP cooperated with the UNP on numerous occasions, both in and outside Parliament.

The Yuthukama leader said that he was quite surprised by President Wickremesinghe’s response to his stand at the party leaders’ meeting held at the Presidential Secretariat, on January 01. The President’s assertion that both were National List MPs against the backdrop of him challenging the UNP leader’s right to grant police and land powers is irrelevant, MP Cumaratunga said.

President Wickremesinghe should keep in mind that he was there to complete the remainder of Gotabaya Rajapaksa’s five-year term.



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Move to extend judges’ retirement ages could damage Sri Lanka’s global image, warns Prof. Peiris

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Prof.Peiris

Former Foreign Minister Prof. G. L. Peiris yesterday warned that any move by the government to extend the retirement age of superior court judges could have serious repercussions for Sri Lanka’s international standing, particularly ahead of the next session of the UN Human Rights Council (UNHRC), in Geneva, in September.

Addressing a media briefing, organised by the People’s United Opposition, at its Flower Road, Colombo office, Prof. Peiris claimed that attempts to interfere with the judiciary, through extensions of judges’ terms, would undermine the credibility of Sri Lanka’s courts and weaken the country’s position before the international community.

Prof. Peiris said there was widespread opposition to the proposal to extend the superior court judges’ tenure by two years, with lawyers’ organisations, academics and civil society groups expressing concerns over the move.

“There is no clarity whatsoever from the government’s side,” Prof. Peiris said, claiming that unlike in other countries where such proposals were subjected to lengthy public consultations, there had been no transparency regarding the government’s intentions.

He argued that if such extensions were granted to judges, similar privileges would have to be considered for other sectors, including the public service, university academics and medical specialists.

Prof. Peiris said the issue had gained greater significance due to Sri Lanka’s engagement with the UNHRC, which he described as having established a special investigative mechanism relating to the country.

He alleged that the politicisation of the judiciary would provide further grounds for international criticism against Sri Lanka, which was already facing scrutiny over alleged human rights issues.

“The next session of the UN Human Rights Council will be held in Geneva, in September,” Prof. Peiris said. “This issue will not only affect our country internally, but will also cause serious damage to Sri Lanka internationally.”

He claimed that Sri Lanka had previously defended itself against international interventions by highlighting the independence and reputation of its judicial system.

Referring to the country’s legal history, Prof. Peiris said Sri Lanka had possessed a judiciary respected globally, citing former Supreme Court Judge Dr. Christopher Weeramantry’s tenure as Vice-President of the International Court of Justice in The Hague as an example of international recognition of Sri Lankan judicial expertise.

He said that during his tenure as Foreign Minister, he had maintained that Sri Lanka’s own courts were capable of addressing domestic issues and that foreign intervention was unnecessary.

Prof. Peiris also referred to discussions he had held with Russian Foreign Minister Sergei Lavrov and Chinese Foreign Minister Wang Yi, claiming that both had supported Sri Lanka’s position that external interference in domestic matters should not be permitted.

However, he alleged that the current situation was different, claiming that the judiciary was being politicised through selective extensions of service while vacancies remained in the Supreme Court and Court of Appeal.

He questioned why judicial vacancies had not been filled if the government’s stated objective was to reduce delays in the administration of justice.

“The responsibility of filling these vacancies lies with the executive,” he said, adding that the failure to do so could affect the international reputation of Sri Lanka’s judiciary.

Prof. Peiris also claimed that the Bar Association of Sri Lanka had repeatedly called for the vacancies to be filled, warning that the present developments could have an adverse impact on the country’s standing internationally.

He questioned whether it was justified to place Sri Lanka in a difficult international position to serve, what he described as, “a narrow and partisan political objective.”

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Dengue surge infects 76,000, claims about 53 lives

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The total number of dengue cases reported in Sri Lanka so far this year has risen to 76,044, with health authorities warning the public to remain vigilant amid a continued surge in infections.

The National Dengue Control Unit (NDCU) said 2,652 dengue cases had been reported on Sunday (19) alone, while 162 Medical Officer of Health (MOH) divisions across the country continue to be classified as high-risk dengue zones.

The latest figures indicate a sharp rise in dengue infections during the past few months, with 8,590 cases recorded in May, followed by 21,537 cases in June. A further 20,666 cases have been reported during the first 19 days of July.

The dengue outbreak has claimed 53 lives so far this year, with the case fatality rate standing at 0.07%, according to the NDCU.

The Western Province remains the worst affected region, accounting for 40,009 cases, or 52.61% of the country’s total infections. The Southern Province has recorded 11,707 cases (15.40%), while the Central Province has reported 6,431 cases (8.46%).

At district level, Gampaha has recorded the highest number of dengue infections with 15,910 cases, followed closely by Colombo with 15,110 cases. Of the Colombo District cases, 3,073 were reported within the Colombo Municipal Council area.

Matara has recorded 5,330 cases, Kandy 5,111 cases and Kalutara 5,010 cases.

Health authorities have urged the public to take preventive measures by keeping their surroundings clean and eliminating mosquito breeding grounds, particularly amid prevailing rainy conditions.The public has also been advised to seek immediate medical attention if symptoms such as fever develop, as early medical intervention is essential in preventing severe complications from dengue.

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SC dismisses challenge to gender change procedures

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The Supreme Court yesterday dismissed, without taking up for consideration, a Fundamental Rights petition seeking to invalidate a circular that permits individuals in Sri Lanka to change their gender legally .

The petition had been filed by retired Sri Lanka Air Force (SLAF) Warrant Officer Shantha Jayathilake, who challenged the legality of procedures allowing individuals to alter their gender designation following medical and psychiatric assessments.

Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as incumbent President Anura Kumara Dissanayake, were among those named as respondents in the petition.

The petitioner alleged that successive governments, including the present administration, had facilitated gender changes through medical procedures in a manner contrary to Sri Lankan law.

Jayathilake contended that the law did not permit a person to change their sex from male to female or female to male through medical intervention in the absence of a biological basis. He further argued that individuals had been allowed to alter their gender identity on the recommendation of a psychiatrist, under guidelines issued in 2016 by the then Director General of Health Services.

The petitioner also claimed that authorities had been issuing revised birth certificates and National Identity Cards to persons who had undergone gender-transition procedures, maintaining that such actions were unlawful.

However, the Supreme Court declined to entertain the application and dismissed the petition without granting leave to proceed.

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