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BASL: If 21A fails, that will adversely affect future law reform initiatives
… adequate checks and balances in place
The Bar Association of Sri Lanka has warned the government and all political parties represented in parliament that if the 21st Amendment (presented to Parliament as the 22nd Amendment to the Constitution Bill) fails to create strong independent institutions, it will have a bearing on future law reform initiatives such as the proposed composite Anti-Corruption law. The following is the full text of the BASL statement: “The Bar Association of Sri Lanka (BASL) notes that on the 21st of October 2022, Parliament approved the enactment of the 22nd Amendment to the Constitution, which has now been renamed as the 21st Amendment to the Constitution.
The Bill approved by Parliament was by and large that which was presented in Parliament on 10th August 2022 and published in the Gazette on 2nd August 2022 by the Government, subject to certain changes at the Committee Stage mainly to bring it in line with the determination of the Supreme Court.
The necessity to amend the Constitution arose as a result of the public outcry that sprung up throughout the country in response to the present economic crisis.It has been perceived that the causes of the crisis include, the lack of checks and balances on the powers of the Executive including the Executive Presidency.The 20th Amendment to the Constitution rolled back the checks and balances which were introduced by the 19th Amendment on the exercise of executive power.
The 21st Amendment to the Constitution regrettably does not completely restore the status quo ante which prevailed prior to the 20th Amendment to the Constitution and does not place adequate checks and balances on the powers of the Executive President.
The BASL in its previous statements on the 22nd Amendment Bill highlighted the shortcomings of the Bill and of the danger that the nominations of a majority of members to the Constitutional Council will be controlled by the party or parties in the Government, resulting in it lacking independence and consequently affect the independence and integrity of the offices and institutions to which appointments will be made through the Constitutional Council.
Nevertheless, now that the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder and the Independent Commissions which will be reconstituted thereafter, be independent, impartial and be institutions which will help restore confidence in Sri Lanka and its Institutions.
As such the BASL calls upon the President, Prime Minister, the Speaker, the Leader of the Opposition, and all political parties represented in Parliament, to firstly ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence.For this purpose, it is important to ensure that the non-ex-officio members of the Constitutional Council appointed from among Members of Parliament and from among non-Members of Parliament be done in a transparent and open manner and to also ensure that those appointed will be acceptable to the members of the public and be persons of the highest integrity and reputation.
After the Constitutional Council is established, it should thereafter adopt a transparent, open, and inclusive process by which it nominates Chairpersons and members of Independent Commissions and other institutions established by the Constitution and other laws.It is also noted that upon the enactment of the 21st Amendment, the Chairpersons and members of Independent Commissions will cease to hold office upon these Commissions being reconstituted.
In doing so it is imperative that those appointed to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission be persons who have not only the requisite qualifications and abilities but also be those whose appointments receive wide acceptance. It is equally important to ensure that the enactment of the 21st Amendment must not be used as an excuse or mechanism to discontinue Chairpersons and members of Commissions whose services helped establish public faith in such Institutions.
It is also vital for the Government to make provisions for the Commissions to have financial independence and that these Commissions adopt procedures that promote accountability and transparency in their work.Any failure of the 21st Amendment to address the issue of creating strong independent institutions in Sri Lanka will also have a bearing on future law reform initiatives, such as the proposed composite Anti-Corruption law, and will have an adverse impact on the Rule of Law in Sri Lanka
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“Sri Lanka Not Out of the Woods Yet” – IMF
The International Monetary Fund (IMF) has cautioned that while Sri Lanka has made notable progress in its economic recovery, the nation is still vulnerable and must work to protect the hard-earned gains it has achieved so far. Speaking at an IMF press briefing on September 12, Director of the IMF Communications Department Ms. Julie Kozack, emphasized the importance of sustained reforms and vigilance, especially with the upcoming presidential elections.
Kozack acknowledged the role of the people of Sri Lanka in determining the nation’s political future, noting, “It is important to understand that the outcome of the elections is for the people of Sri Lanka to decide. However, achieving the objectives of the IMF program is crucial to help Sri Lanka emerge from one of the most severe crises in its history. As I’ve already noted, a lot of progress has been made, but the country is not out of the woods yet, and it is important to safeguard those hard won gains.”
She highlighted key milestones the country has achieved under the IMF’s Extended Fund Facility (EFF) program. In June, the IMF’s Executive Board concluded the 2024 Article IV Consultation and the Second Review of the EFF, unlocking around USD 336 million in funding. Kozack reported that economic growth is beginning to recover, inflation is subsiding, international reserves are growing, and revenue collection is improving.
Despite this positive progress, Kozack warned that Sri Lanka remains exposed to significant economic risks. “Sustaining the momentum of reforms is essential,” she added.
On the subject of debt restructuring, Kozack responded to questions about private creditors submitting their proposals to the IMF, particularly in relation to Sri Lanka’s domestic debt restructuring efforts. She pointed out that key milestones had been achieved with the execution of domestic debt restructuring and agreements with the official creditor committee and EXIM Bank of China. However, she was careful to note that the IMF does not engage in direct negotiations between Sri Lanka and its creditors, instead offering an overall assessment of debt sustainability.
Kozack reiterated that while the IMF supports Sri Lanka’s reform efforts, the timing of the Third Review will depend on the outcome of the upcoming elections. “Program discussions will resume after the elections, once a new government is in place,” she stated.
The IMF’s message remains clear: Sri Lanka has come a long way, but the path to full recovery requires on-going commitment to reforms and a focus on economic stability.
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Stand united and committed to defeat all forms of extremism and strive for a more just and prosperous world by upholding the values exemplified by the Prophet – President
President Ranil Wickremesinghe in his Milad Un-Nabi message called upon all Muslims to stand united and committed to defeat all forms of extremism and strive for a more just and prosperous world by upholding the values exemplified by the Prophet.
The full text of President Wickremesinghe’s message:
Sri Lankan Muslims join their fellow believers worldwide in celebrating Milad-un-Nabi, commemorating the birth of Prophet Muhammad with a spirit of unity and brotherhood. The Prophet, renowned as Al-Amin (The Trustworthy), earned the unwavering trust of those around him through his integrity and character. His sacrifices for upholding justice, humanity, and righteousness are beyond measure.
The core teachings of Prophet Muhammad emphasize mutual understanding, justice, harmony, and the rejection of hatred. A closer study of his life and philosophy reveals that Allah elevates those who live with honesty and righteousness, granting them positions of honour and responsibility.
As we celebrate this blessed occasion, I believe that Muslims across the globe will stand united, committed to defeating all forms of extremism and strive for a more just and prosperous world by upholding the values exemplified by the Prophet.
I extend my heartfelt wishes to all Muslims for a blessed and meaningful Milad-un-Nabi.
Ranil Wickremesinghe,
President,
Democratic Socialist Republic of Sri Lanka.
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Muslim group finds fault with govt. for lukewarm response
Lankans arrested on terrorism charges:
‘Foreign Ministry didn’t bother at least to update us on their status’
By Shamindra Ferdinando
The All Ceylon Union of Muslim League Youth Fronts (ACUMLYF) yesterday (15) said that the government owed an explanation regarding the arrest of four Sri Lankans on terrorism charges in Gujarat in late May this year.The grouping President Sham Nawaz said that though they had made representations in this regard to State Foreign Minister Tharaka Balasuriya in the first week of June, the Foreign Ministry at least didn’t bother to respond.
“We are concerned about the arrested persons’ wellbeing,”
Nawaz said, declaring that the families of the detained have a right to know what was going on. Nawaz pointed out that some reports suggested that the arrested persons had arrived in India to cause mayhem during the general election.
Nawaz emphasized that their effort shouldn’t be misinterpreted as an attempt to intervene on behalf of a group dubbed terrorists. The arrests were made by the Gujarat Anti-Terrorist Squad. Responding to another query, Nawaz said that they emphasized the responsibility on the part of the government to represent the interests of the detained persons in terms of the Vienna Convention on consular assistance.
Pointing out the conflicting claims regarding the arrests made on May 19/20, Nawaz said that Sri Lanka should seek access to the detained men without further delay.
Asked whether the families of the detained or some other interested party sought their intervention or he knew them personally, Nawaz emphasized that ACUMLYE stepped-in on its own.
Nawaz said that the delegation received an assurance from State Minister Balasuriya that consular matters would be duly followed up and due consideration would be given to the issues at hand raised by them.
Nawaz said that the delegation stressed the need for an independent local investigation as many raised doubts over the continuing allegations regarding the ISIS operations here. Such fears impacted the economy in many ways, Nawaz said, reiterating the responsibility on the part of the government to conduct no holds barred investigation into the allegations made by Indian authorities.
Contrary to repeated declarations in Indian media that the four arrested at the Sardar Vallabhai Patel airport in Ahmedabad had been linked to ISIS and coordinated by a Pakistani handler, investigations conducted by Sri Lankan authorities contradicted the Indian findings.
Authoritative officials said that India was yet to grant Sri Lankan investigators access to the suspects. Following the arrests made in Gujarat, nearly a dozen suspects were apprehended here, they said. According to them, Indian authorities had been promptly briefed of the status of the investigations conducted here though the two parties were yet to reach consensus on the issue at hand.
Responding to another query, Nawaz said that they wouldn’t seek the intervention of the Indian High Commission here. “We took up this issue with the State Foreign Minister three and half months ago. The FM’s failure to address our concerns is of grave concern and evidence of the pathetic state of affairs,” Nawaz said.
Nawaz alleged that at the drop of a hat those who had been detained in Gujarat were accused of being ISIS operatives. Referring to statements attributed to various Sri Lankan authorities with access to local investigations, Nawaz questioned whether Gujarat remained committed to the original charges or were prepared to reconsider the suspects’ status having taken into consideration investigations conducted by Sri Lankan authorities. Investigations have revealed that all of them had been involved in various nefarious activities over the years but never known for religious extremism.
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