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BASL, Opposition reject 21-A draft

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The Bar Association has rejected the 21st Amendment to the Constitution that has been presented by Justice Minister Dr. Wijeyadasa Rajapakse, PC, to the Cabinet recently.

The main Opposition Samagi Jana Balavegaya (SJB), too, has rejected the 21 A in its present form.

Addressing the media at the Opposition Leader’s Office in Colombo, SJB spokesperson Eran Wickremaratne explained why the SJB wouldn’t support the proposed law as it would further enhance the executive.

A spokesperson for the BASL told The Island that they pointed out serious shortcomings in the draft and the need to rectify them. According to him, the BASL, in letters dated May 23 explained their position to President Gotabaya Rajapaksa, Prime Minister Ranil Wickemesinghe and Justice Minister Dr. Rajapakse.

The JVP and TNA too have rejected the 21 Amendment in its present form.

The following is the text of the BASL letter addressed to the President, PM and the Justice Minister: “On the 23rd of April 2022, the Bar Council approved the “PROPOSALS OF THE BAR ASSOCIATION OF SRI LANKA (BASL) TO RESTORE POLITICAL AND ECONOMIC STABLITY IN THE COUNTRY”. In the 13-point proposal the BASL proposed the introduction of the 21st Amendment to the Constitution by repealing the provisions of the 20th Amendment and restoring the 19th Amendment, and the re-establishment of the Constitutional Council and the Independent Commissions which existed under the 19th Amendment whilst enhancing their financial independence, transparency, and accountability.

The BASL is concerned that whilst the 21st Amendment will restore the provisions of the previous 19th Amendment to the Constitution as regards the Constitutional Council and the Independent Commissions, there are several vital provisions which were found in the 19th Amendment which are not incorporated into the draft 21st Amendment.

The provisions of the 19th Amendment precluded the President from assigning to himself any subjects or functions. However, the 21st Amendment does not incorporate such a provision and as such the President will be able to continue to retain Ministries and assign to himself any subjects and functions and take over subjects and functions of any Minister. The BASL is of the view that the 21st Amendment must include a provision amending Article 44(2) of the Constitution removing the power of the President to retain Ministries and assigning to himself any subjects or functions. Such provision must be made operative as soon as the 21st Amendment is passed.

In addition, the BASL observes that the President’s powers to prorogue and dissolve Parliament are left intact, in contrast to the 19th Amendment to the Constitution where the President could dissolve Parliament only after four and a half years following a Parliamentary election. The BASL is of the view that the provisions in the 19th Amendment relating to dissolution of Parliament should be restored. In addition, the BASL recommends that the following matters which were contained in the BASL proposals be included in the 21st Amendment:

1. A provision for the members of the Monetary Board to be appointed with the approval of the Constitutional Council (in addition to the Governor of the Central Bank);

2. A provision for the appointments of the Secretaries to the Ministries, Governors of the Provinces, Ambassadors and Heads of Missions be done on the advice of the Prime Minister in consultation with the Cabinet of Ministers;

3. A provision to require Presidential Pardons to be done according to the recommendation by a body established by law, appointed by the President on the recommendation of the Constitutional Council;

4. A provision to enhance the financial independence, transparency, and accountability of the Independent Commissions.

The BASL further recommends that the number of members of the Constitutional Council who are not Members of Parliament be increased from 3 to 5 and conversely the number of Members of Parliament on the Constitutional Council be reduced from 7 to 5 as was found in the 17th Amendment to the Constitution. This is consistent with the position taken by the BASL in 2015 when the 19th Amendment was enacted.

The BASL calls on the Government to ensure the early enactment of the 21st Amendment to the Constitution, as it is a necessary step towards achieving stability in Sri Lanka.”



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Govt. urged to withdraw Media Professionals Bill

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The Sri Lanka Press Institute (SLPI) and several leading media organisations have expressed strong opposition to the proposed Chartered Institute of Media Professionals of Sri Lanka (CIMP) Bill, urging the Government to withdraw the legislation and engage in consultations with stakeholders.

In a joint statement, the SLPI, together with its constituent organisations—the Newspaper Society of Sri Lanka (NSSL), the Editors’ Guild of Sri Lanka (TEGOSL), the Free Media Movement (FMM) and the Sri Lanka Working Journalists Association (SLWJA)—as well as affiliated bodies including the Muslim Media Forum (MMF), the Tamil Media Alliance (TMA), the Federation of Media Employees Trade Union (FMETU) and the South Asia Free Media Association (SAFMA) – Sri Lanka Chapter, said their primary objection was the government-led nature of the proposed institute.

Full text of the statement: The Sri Lanka Press Institute (SLPI), and its constituent partners, the Newspaper Society of Sri Lanka (NSSL), The Editors’ Guild of Sri Lanka (TEGOSL), the Free Media Movement (FMM), the Sri Lanka Working Journalists Association (SLWJA) together with its affiliated organizations, the Muslim Media Forum (MMF), the Tamil Media Alliance (TMA), The Federation of Media Employees Trade Union (FMETU), the South Asia Free Media Association’s SL Chapter (SAFMA) object the proposed Chartered Institute of Media Professionals of Sri Lanka (CIMP) Bill.

Our primary objection stems from the government-led nature of this initiative. History shows that robust professional bodies, such as the Institute of Engineers and the Sri Lanka Institute of Architects, were founded and drafted by the professionals themselves before being incorporated by Parliament. In contrast, the CIMP is a state-driven project ordered to be published by the Minister of Health and Mass Media despite objections raised by media’s professional bodies. We view this as an attempt to impose a state-managed regulatory framework upon a profession that must remain independent of government interference to function effectively.

The SLPI, its constituents and affiliated organizations maintain that professional media standards must be self-regulated in principle and led by the media community, not mandated by law under ministerial oversight. The SLPI has presented an alternative mechanism, viz., the Sri Lanka Media Commission (SLMC), based on co-regulatory and self-regulatory principles, which improves professionalism. In addition, the Sri Lanka College of Journalism, which is recognised by the media industry for training journalists for more than two decades, could also be an alternative way of building relevant journalism standards with government financial support if it intends to genuinely promote media professionalism.  We call upon the government to withdraw this Bill and engage in a genuine dialogue with stakeholders that respects the autonomy and freedom of the media in a democracy.

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Fort Magistrate orders arrest of MP Archchuna

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Archchuna

The Fort Magistrate’s Court yesterday issued a warrant for the arrest of Jaffna District MP Ramanathan Archchuna after he failed to appear before court in connection with a pending case.

Court officials said the MP and his bail sureties were absent when the matter was taken up, prompting the Magistrate to issue the warrant.

The case relates to an alleged incident in which Archchuna is accused of obstructing the duties of Fort Police officers while they were performing their duties.

The matter was listed before the Colombo Magistrate’s Court yesterday as well, when the MP failed to appear before court and his bail guarantor was also absent. Following this, the Magistrate ordered that a warrant be issued against him.

The case is to proceed with further legal action against the MP.

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Dengue rages with average of 2,391 new cases detected daily 

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Sri Lanka’s dengue outbreak has continued to worsen, with the number of infections reported this year surpassing 80,000, according to official surveillance data.

The country recorded 80,114 dengue cases as of midnight on July 23, while health authorities reported 59 dengue-related deaths, resulting in a case fatality rate of 0.07%.

The National Dengue Control Unit said that by Week 29, a total of 175 Medical Officer of Health (MOH) areas had been identified as high-risk zones, with an average of 2,391 new cases being reported daily.

July has emerged as the worst month of the year so far, with 24,739 cases recorded, while June also saw a significant surge with 21,534 infections.

The Western Province continues to account for more than half of the country’s dengue burden, with Gampaha recording 16,950 cases and Colombo 16,091 cases. Together, the two districts account for more than 40% of total infections reported nationwide.

Other districts recording high numbers include Matara with 5,534 cases, Kandy with 4,827, Kalutara with 4,545, and Ratnapura with 4,428 cases. The Colombo Municipal Council area alone has reported over 3,200 dengue infections.

At provincial level, the Southern Province has recorded 12,143 cases, followed by the Central Province with 6,686 and Sabaragamuwa with 6,607. Meanwhile, the North Western, Eastern, Uva, North Central and Northern provinces have reported 3,844, 3,148, 2,154, 1,264 and 1,173 cases respectively.

Health authorities have urged residents, particularly those living in high-risk areas, to intensify mosquito-control measures and seek immediate medical attention when dengue symptoms appear, warning that the situation could deteriorate further without sustained preventive action.

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