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20A requires approval at referendum

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By Dr. Jayampathy Wickramaratne,
President’s Counsel

The Twentieth Amendment to the Constitution Bill (20A) is in the public domain. If I were to describe it in one sentence — 20A seeks to take the country backwards to the 2010-2015 period. The only features introduced by 19A that would survive if 20A is passed in its present form would be the five-year terms of the President and Parliament, the Presidential term-limit and the fundamental right to access of information (RTI.

Several summaries of 20A have been published and I do not intend providing another. Instead, I will highlight its adverse impact on democratic governance and its prejudicial effects on the sovereignty of the People and argue that 20A needs the approval of the People at a referendum.

Dr. Colvin R. De Silva described the system of government under the 1978 Constitution as a constitutional presidential dictatorship dressed in the raiment of a parliamentary democracy. With 18A, the executive presidency in Sri Lanka became one of the strongest and vilest, if not the strongest and vilest, presidential systems in the ‘democratic’ world. Now, 20A seeks to reverse the gains of 19A and take the country backwards.

19A has its shortcomings, mainly due to the decision taken by the Yahapalanaya government not to completely abolish the presidential system of government, the dilution of the draft that went to Cabinet due to pressure from parties within the Government (read Sirisena-led SLFP and JHU) and concessions made to the Opposition in return for its support to obtain the required two-thirds majority. The experiences under 19A clearly show the need to completely abolish the Presidential form of government and move towards a Parliamentary form, not to go backwards.

Under 20A, Parliament will again be at the mercy of the President, who may dissolve Parliament at any time, even if the Prime Minister (PM) commands a comfortable majority in Parliament— that is what President Kumaratunga did in 2004. The only fetter on the power of dissolution is that if the previous Parliament had been dissolved before completing its five-year term, the President can dissolve the new Parliament only after one year. If the previous Parliament had completed its full term, the President can, under proposed Article 70(1), dissolve the new Parliament even one day after it holds its first meeting.

Mr. R. Premadasa, before he became President of course, likened the PM under the 1978 Constitution to a ‘peon’. Today, the PM, who is the MP who commands a majority in Parliament, has much more power, thanks to 19A. If 20A is passed, the PM will again be relegated to the status of a peon. The President can remove the PM at will. Ministers and Deputy Ministers will not be appointed on the recommendation of the PM. The President may consult the PM but is not obliged to. Ministers and Deputy Ministers may be removed without reference to the PM. It is the President who decides the subjects and functions of Ministers and changes them; the PM has no role whatsoever.

The proposed provisions relating to the dissolution of Parliament and the weakening of the PM result in a consequential weakening of Parliament, which is the institution that exercises the legislative power of the People, and thus adversely impacts on the sovereignty of the People.

The Constitutional Council, re-introduced by 19A, provides for a national consensus on appointments to important positions, including the judiciary and the independent commissions. The Constitutional Council has representatives from both the Government and the Opposition, including a representative of the smaller parties. The President also has a representative. The Council also has three eminent persons who are not in politics and are nominated jointly by the PM and Leader of the Opposition after consulting leaders of political parties represented in Parliament. In appointing these three persons and another two MPs, the PM and Leader of the Opposition must ensure that the Constitutional Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity.

Under 20A, the President would only ‘seek the observations’ of a Parliamentary Council, which consists of the Speaker, PM, Leader of the Opposition and two MPs. The leverage that the Constitutional Council had with important appointments would be completely gone. The President will be unfettered in making appointments to the judiciary, certain high posts and the independent commissions, compromising the independence of these institutions and positions and resulting in the loss of the people’s confidence in them.

Before 19A, the Attorney-General and the IGP were required to obtain extensions from the President upon reaching 58 years, thus compromising their independence. K.C. Kamalasabayson, one of the best and respected AGs Sri Lanka had, died a disappointed man after he was given only a three-month extension. 19A provided that the AG and IGP would retire at 60, so that they would not be at the mercy of the President. This provision would be negated by 20A. The belief in some quarters that the AG and IGP cannot not be removed under 19A is patently wrong. The Removal of Officers Act No. 5 of 2002 provides for their removal upon an address for removal being passed by Parliament after due inquiry.

The writer submits that the removal of the salutary provisions relating to the appointments referred to and the consequent adverse impact on the independence of the institutions and high positions impinges negatively on the sovereignty of the People and would therefore necessitate a referendum.

An obvious erosion of the sovereignty of the People is the proposal to take away the right of a person under Article 17 to invoke the fundamental rights jurisdiction of the Supreme Court when a fundamental right to which s/he is entitled is infringed by the President. Article 17 being a provision in the chapter on fundamental rights, the right to complain to the Supreme Court is itself a fundamental right. The original 1978 Constitution made an exception to this right by giving the President total immunity from suit. 19A made the President’s official acts subject to the fundamental rights jurisdiction and thus removed the anomaly, thereby strengthening fundamental rights and thus the sovereignty of the People. It was that change that made it possible for citizens to successfully challenge the unconstitutional dissolution of Parliament by President Sirisena. Now, a restriction of the fundamental right under Article 17 would offend Article 4(e) (‘the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided’) and consequently Article 3, which states that sovereignty includes the powers of government, fundamental rights and the franchise.

Article 3 is one of the Articles listed in Article 83. A Bill for the amendment or for the repeal and replacement of the provisions so listed, or which is inconsistent with any of them, requires approval at a referendum.

In regard to the argument that since 19A was not approved at a referendum, its provisions could also be deleted or amended without a referendum, it is submitted that a referendum is not needed to enhance sovereignty. For example, if the right to life is to be included in the chapter on fundamental rights, that will not necessitate a referendum. But to take away the right to life later would certainly need approval at a referendum. The gains achieved through 19A contributed to the strengthening of the sovereignty of the people. Therefore, the removal of the gains so achieved prejudicially impacts on sovereignty and necessitates approval at a referendum.

To ascertain whether sovereignty is adversely affected by 20A, it must be compared with the existing Constitution, not with the pre-19A Constitution or the original Constitution of 1978 which do not exist anymore. There is only one Constitution and that is the present Constitution.



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Lasting solutions require consensus

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Social Media training

Problems and solutions in plural societies like Sri Lanka’s which have deep rooted ethnic, religious and linguistic cleavages require a consciously inclusive approach. A major challenge for any government in Sri Lanka is to correctly identify the problems faced by different groups with strong identities and find solutions to them. The durability of democratic systems in divided societies depends less on electoral victories than on institutionalised inclusion, consultation, and negotiated compromise. When problems are defined only through the lens of a single political formation, even one that enjoys a large electoral mandate, such as obtained by the NPP government, the policy prescriptions derived from that diagnosis will likely overlook the experiences of communities that may remain outside the ruling party. The result could end up being resistance to those policies, uneven implementation and eventual political backlash.

A recent survey done by the National Peace Council (NPC), in Jaffna, in the North, at a focus group discussion for young people on citizen perception in the electoral process, revealed interesting developments. The results of the NPC micro survey support the findings of the national survey by Verite Research that found that government approval rating stood at 65 percent in early February 2026. A majority of the respondents in Jaffna affirm that they feel safer and more fairly treated than in the past. There is a clear improving trend to be seen in some areas, but not in all. This survey of predominantly young and educated respondents shows 78 percent saying livelihood has improved and an equal percentage feeling safe in daily life. 75 percent express satisfaction with the new government and 64 percent believe the state treats their language and culture fairly. These are not insignificant gains in a region that bore the brunt of three decades of war.

Yet the same survey reveals deep reservations that temper this optimism. Only 25 percent are satisfied with the handling of past issues. An equal percentage see no change in land and military related concerns. Most strikingly, almost 90 percent are worried about land being taken without consent for religious purposes. A significant number are uncertain whether the future will be better. These negative sentiments cannot be brushed aside as marginal. They point to unresolved structural questions relating to land rights, demilitarisation, accountability and the locus of political power. If these issues are not addressed sooner rather than later, the current stability may prove fragile. This suggests the need to build consensus with other parties to ensure long-term stability and legitimacy, and the need for partnership to address national issues.

NPP Absence

National or local level problems solving is unlikely to be successful in the longer term if it only proceeds from the thinking of one group of people even if they are the most enlightened. Problem solving requires the engagement of those from different ethno-religious, caste and political backgrounds to get a diversity of ideas and possible solutions. It does not mean getting corrupted or having to give up the good for the worse. It means testing ideas in the public sphere. Legitimacy flows not merely from winning elections but from the quality of public reasoning that precedes decision-making. The experience of successful post-conflict societies shows that long term peace and development are built through dialogue platforms where civil society organisations, political actors, business communities, and local representatives jointly define problems before negotiating policy responses.

As a civil society organisation, the National Peace Council engages in a variety of public activities that focus on awareness and relationship building across communities. Participants in those activities include community leaders, religious clergy, local level government officials and grassroots political party representatives. However, along with other civil society organisations, NPC has been finding it difficult to get the participation of members of the NPP at those events. The excuse given for the absence of ruling party members is that they are too busy as they are involved in a plenitude of activities. The question is whether the ruling party members have too much on their plate or whether it is due to a reluctance to work with others.

The general belief is that those from the ruling party need to get special permission from the party hierarchy for activities organised by groups not under their control. The reluctance of the ruling party to permit its members to join the activities of other organisations may be the concern that they will get ideas that are different from those held by the party leadership. The concern may be that these different ideas will either corrupt the ruling party members or cause dissent within the ranks of the ruling party. But lasting reform in a plural society requires precisely this exposure. If 90 percent of surveyed youth in Jaffna are worried about land issues, then engaging them, rather than shielding party representatives from uncomfortable conversations, is essential for accurate problem identification.

North Star

The Leader of the Lanka Sama Samaja Party (LSSP), Prof Tissa Vitarana, who passed away last week, gave the example for national level problem solving. As a government minister he took on the challenge the protracted ethnic conflict that led to three decades of war. He set his mind on the solution and engaged with all but never veered from his conviction about what the solution would be. This was the North Star to him, said his son to me at his funeral, the direction to which the Compass (Malimawa) pointed at all times. Prof Vitarana held the view that in a diverse and plural society there was a need to devolve power and share power in a structured way between the majority community and minority communities. His example illustrates that engagement does not require ideological capitulation. It requires clarity of purpose combined with openness to dialogue.

The ethnic and religious peace that prevails today owes much to the efforts of people like Prof Vitarana and other like-minded persons and groups which, for many years, engaged as underdogs with those who were more powerful. The commitment to equality of citizenship, non-racism, non-extremism and non-discrimination, upheld by the present government, comes from this foundation. But the NPC survey suggests that symbolic recognition and improved daily safety are not enough. Respondents prioritise personal safety, truth regarding missing persons, return of land, language use and reduction of military involvement. They are also asking for jobs after graduation, local economic opportunity, protection of property rights, and tangible improvements that allow them to remain in Jaffna rather than migrate.

If solutions are to be lasting they cannot be unilaterally imposed by one party on the others. Lasting solutions cannot be unilateral solutions. They must emerge from a shared diagnosis of the country’s deepest problems and from a willingness to address the negative sentiments that persist beneath the surface of cautious optimism. Only then can progress be secured against reversal and anchored in the consent of the wider polity. Engaging with the opposition can help mitigate the hyper-confrontational and divisive political culture of the past. This means that the ruling party needs to consider not only how to protect its existing members by cloistering them from those who think differently but also expand its vision and membership by convincing others to join them in problem solving at multiple levels. This requires engagement and not avoidance or withdrawal.

 

by Jehan Perera

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Unpacking public responses to educational reforms

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A pro-government demonstration calling for the implementation of the education reforms. (A file photo)

As the debate on educational reforms rages, I find it useful to pay as much attention to the reactions they have excited as we do to the content of the reforms. Such reactions are a reflection of how education is understood in our society, and this understanding – along with the priorities it gives rise to – must necessarily be taken into account in education policy, including and especially reform. My aim in this piece, however, is to couple this public engagement with critical reflection on the historical-structural realities that structure our possibilities in the global market, and briefly discuss the role of academics in this endeavour.

Two broad reactions

The reactions to the proposed reforms can be broadly categorised into ‘pro’ and ‘anti’. I will discuss the latter first. Most of the backlash against the reforms seems to be directed at the issue of a gay dating site, accidentally being linked to the Grade 6 English module. While the importance of rigour cannot be overstated in such a process, the sheer volume of the energies concentrated on this is also indicative of how hopelessly homophobic our society is, especially its educators, including those in trade unions. These dispositions are a crucial part of the reason why educational reforms are needed in the first place. If only there was a fraction of the interest in ‘keeping up with the rest of the world’ in terms of IT, skills, and so on, in this area as well!

Then there is the opposition mounted by teachers’ trade unions and others about the process of the reforms not being very democratic, which I (and many others in higher education, as evidenced by a recent statement, available at https://island.lk/general-educational-reforms-to-what-purpose-a-statement-by-state-university-teachers/ ) fully agree with. But I earnestly hope the conversation is not usurped by those wanting to promote heteronormativity, further entrenching bigotry only education itself can save us from. With this important qualification, I, too, believe the government should open up the reform process to the public, rather than just ‘informing’ them of it.

It is unclear both as to why the process had to be behind closed doors, as well as why the government seems to be in a hurry to push the reforms through. Considering other recent developments, like the continued extension of emergency rule, tabling of the Protection of the State from Terrorism Act (PSTA), and proposing a new Authority for the protection of the Central Highlands (as is famously known, Authorities directly come under the Executive, and, therefore, further strengthen the Presidency; a reasonable question would be as to why the existing apparatus cannot be strengthened for this purpose), this appears especially suspect.

Further, according to the Secretary to the MOE Nalaka Kaluwewa: “The full framework for the [education] reforms was already in place [when the Dissanayake government took office]” (https://www.wsws.org/en/articles/2025/08/12/wxua-a12.html, citing The Morning, July 29). Given the ideological inclinations of the former Wickremesinghe government and the IMF negotiations taking place at the time, the continuation of education reforms, initiated in such a context with very little modification, leaves little doubt as to their intent: to facilitate the churning out of cheap labour for the global market (with very little cushioning from external shocks and reproducing global inequalities), while raising enough revenue in the process to service debt.

This process privileges STEM subjects, which are “considered to contribute to higher levels of ‘employability’ among their graduates … With their emphasis on transferable skills and demonstrable competency levels, STEM subjects provide tools that are well suited for the abstraction of labour required by capitalism, particularly at the global level where comparability across a wide array of labour markets matters more than ever before” (my own previous piece in this column on 29 October 2024). Humanities and Social Sciences (HSS) subjects are deprioritised as a result. However, the wisdom of an education policy that is solely focused on responding to the global market has been questioned in this column and elsewhere, both because the global market has no reason to prioritise our needs as well as because such an orientation comes at the cost of a strategy for improving the conditions within Sri Lanka, in all sectors. This is why we need a more emancipatory vision for education geared towards building a fairer society domestically where the fruits of prosperity are enjoyed by all.

The second broad reaction to the reforms is to earnestly embrace them. The reasons behind this need to be taken seriously, although it echoes the mantra of the global market. According to one parent participating in a protest against the halting of the reform process: “The world is moving forward with new inventions and technology, but here in Sri Lanka, our children are still burdened with outdated methods. Opposition politicians send their children to international schools or abroad, while ours depend on free education. Stopping these reforms is the lowest act I’ve seen as a mother” (https://www.newsfirst.lk/2026/01/17/pro-educational-reforms-protests-spread-across-sri-lanka). While it is worth mentioning that it is not only the opposition, nor in fact only politicians, who send their children to international schools and abroad, the point holds. Updating the curriculum to reflect the changing needs of a society will invariably strengthen the case for free education. However, as mentioned before, if not combined with a vision for harnessing education’s emancipatory potential for the country, such a move would simply translate into one of integrating Sri Lanka to the world market to produce cheap labour for the colonial and neocolonial masters.

According to another parent in a similar protest: “Our children were excited about lighter schoolbags and a better future. Now they are left in despair” (https://www.newsfirst.lk/2026/01/17/pro-educational-reforms-protests-spread-across-sri-lanka). Again, a valid concern, but one that seems to be completely buying into the rhetoric of the government. As many pieces in this column have already shown, even though the structure of assessments will shift from exam-heavy to more interim forms of assessment (which is very welcome), the number of modules/subjects will actually increase, pushing a greater, not lesser, workload on students.

A file photo of a satyagraha against education reforms

What kind of education?

The ‘pro’ reactions outlined above stem from valid concerns, and, therefore, need to be taken seriously. Relatedly, we have to keep in mind that opening the process up to public engagement will not necessarily result in some of the outcomes, those particularly in the HSS academic community, would like to see, such as increasing the HSS component in the syllabus, changing weightages assigned to such subjects, reintroducing them to the basket of mandatory subjects, etc., because of the increasing traction of STEM subjects as a surer way to lock in a good future income.

Academics do have a role to play here, though: 1) actively engage with various groups of people to understand their rationales behind supporting or opposing the reforms; 2) reflect on how such preferences are constituted, and what they in turn contribute towards constituting (including the global and local patterns of accumulation and structures of oppression they perpetuate); 3) bring these reflections back into further conversations, enabling a mutually conditioning exchange; 4) collectively work out a plan for reforming education based on the above, preferably in an arrangement that directly informs policy. A reform process informed by such a dialectical exchange, and a system of education based on the results of these reflections, will have greater substantive value while also responding to the changing times.

Two important prerequisites for this kind of endeavour to succeed are that first, academics participate, irrespective of whether they publicly endorsed this government or not, and second, that the government responds with humility and accountability, without denial and shifting the blame on to individuals. While we cannot help the second, we can start with the first.

Conclusion

For a government that came into power riding the wave of ‘system change’, it is perhaps more important than for any other government that these reforms are done for the right reasons, not to mention following the right methods (of consultation and deliberation). For instance, developing soft skills or incorporating vocational education to the curriculum could be done either in a way that reproduces Sri Lanka’s marginality in the global economic order (which is ‘system preservation’), or lays the groundwork to develop a workforce first and foremost for the country, limited as this approach may be. An inextricable concern is what is denoted by ‘the country’ here: a few affluent groups, a majority ethno-religious category, or everyone living here? How we define ‘the country’ will centrally influence how education policy (among others) will be formulated, just as much as the quality of education influences how we – students, teachers, parents, policymakers, bureaucrats, ‘experts’ – think about such categories. That is precisely why more thought should go to education policymaking than perhaps any other sector.

(Hasini Lecamwasam is attached to the Department of Political Science, 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.

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Chef’s daughter cooking up a storm…

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Emma being congratulated on her debut Sinhala single // Emma Shanaya: At the launch of ‘Sanasum Mawana

Don Sherman was quite a popular figure in the entertainment scene but now he is better known as the Singing Chef and that’s because he turns out some yummy dishes at his restaurant, in Rajagiriya.

However, now the spotlight is gradually focusing on his daughter Emma Shanaya who has turned out to be a very talented singer.

In fact, we have spotlighted her in The Island a couple of times and she is in the limelight, once gain.

When Emma released her debut music video, titled ‘You Made Me Feel,’ the feedback was very encouraging and at that point in time she said “I only want to keep doing bigger and greater things and ‘You Made Me Feel’ is the very first step to a long journey.”

Emma, who resides in Melbourne, Australia, is in Sri Lanka, at the moment, and has released her very first Sinhala single.

“I’m back in Sri Lanka with a brand new single and this time it’s a Sinhalese song … yes, my debut Sinhala song ‘Sanasum Mawana’ (Bloom like a Flower).

“This song is very special to me as I wrote the lyrics in English and then got it translated and re-written by my mother, and my amazing and very talented producer Thilina Boralessa. Thilina also composed the music, and mix and master of the track.”

Emma went on to say that instead of a love song, or a young romance, she wanted to give the Sri Lankan audience a debut song with some meaning and substance that will portray her, not only as an artiste, but as the person she is.

Says Emma: “‘Sanasum Mawana’ is about life, love and the essence of a woman. This song is for the special woman in your life, whether it be your mother, sister, friend, daughter or partner. I personally dedicate this song to my mother. I wouldn’t be where I am right now if it weren’t for her.”

On Friday, 30th January, ‘Sanasum Mawana’ went live on YouTube and all streaming platforms, and just before it went live, she went on to say, they had a wonderful and intimate launch event at her father’s institute/ restaurant, the ‘Don Sherman Institute’ in Rajagiriya.

It was an evening of celebration, good food and great vibes and the event was also an introduction to Emma Shanaya the person and artiste.

Emma also mentioned that she is Sri Lanka for an extended period – a “work holiday”.

“I would like to expand my creativity in Sri Lanka and see the opportunities the island has in store for me. I look forward to singing, modelling, and acting opportunities, and to work with some wonderful people.

“Thank you to everyone that is by my side, supporting me on this new and exciting journey. I can’t wait to bring you more and continue to bloom like a flower.”

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