Opinion

Creating confusion about a crystal-clear Article 83 (b)

Published

4 months ago

2024/07/15

by Prof. Rajiva Wijesinha

I suppose I should not be too surprised by the varied and confused responses to the President’s latest effort to muddy the waters with regard to the need for an election within three months to choose his successor. Though I had not thought to get involved in discussion of current political issues, I am moved to offer some clarifications, which seem sorely needed.

What struck me most recently was a newspaper report that

“Sri Lanka moves to amend Constitution on presidential and parliamentary terms

The Cabinet of Ministers has given greenlit a resolution aimed at amending specific articles of the Constitution concerning the terms of office for the President and Parliament.

This decision targets articles 30 (2), 62 (2), and 83 (b) of the Constitution, which govern the duration of presidential and parliamentary terms.

Recent observations have pointed out discrepancies between the tenure of the President and the duration of parliamentary terms as stipulated in the mentioned articles.

Currently, Article 83 (b) allows for a presidential term exceeding six years, whereas the proposed amendment seeks to substitute this with a term not exceeding five years.”

The headline is misleading since the mover is the Cabinet, not Sri Lanka. The second para is misleading since Article 83 (b) does not cover the duration of terms. There is no discrepancy between the tenure of the President and the duration of parliamentary terms, which the third para claims.

These errors could spring from carelessness, but they are part and parcel of the way in which Ranil Wickremesinghe operates.

But what is most worrying is the fact the last para is completely wrong since Article 83 (b) does not allow for a presidential term exceeding six years.

The position will be clear if we look at that Article. It deals with the power of the legislature to amend the Constitution, which can be done for most articles with a two-thirds majority under Article 82 whereas 83 lays down the sections which require a referendum, too. (a) refers to some entrenched provisions which are not relevant here, but b) deals with the extension of terms of office. But I will cite (a) too in full because it includes this article, i. e., 83

83. Notwithstanding anything to the contrary in the provisions of Article 82 (a), a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11 or of this Article; and (b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 30 or of, paragraph (2) of Article 62 which would extend the term of office of the President, or the duration of Parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80.

There is no salient inconsistency with Articles 30 and 62, which were amended in 2015 to reduce terms from six years to five. The latest argument put forward by the votaries of the President is that this article too should have been amended in 2015 to make the Constitution consistent. And, sadly, some members of the Opposition have argued that changing 6 to 5 in this article would have required a referendum, which is why it was not done.

That is to miss two points. One is that any change to this Article would have required a referendum. The second is that changing it for the purpose of the 19^th amendment would have been necessary only if the terms of the President and of Parliament were to be extended to over six years. Had the Constitution envisaged imposing stringent controls on reducing a presidential term Article 83 (b) would have stopped after Article 62 (b) or gone on to say ‘which would have altered, by shortening or by extending, the term of office of the President, or the duration of Parliament.’

So, it made sense for the article to be left as it was, without going through a referendum, since changing the articles which the 19^th Amendment did quite clearly did not require a referendum. Why then are Ranil and his agents claiming that it did? Surely, they cannot assume the Supreme Court does not understand what is very clear; the Constitution did permit reducing the term with only a two-thirds majority but required a referendum if that term was to be extended.

Rather, repeated obfuscation is the name of the game, with the hope that at some stage it would be declared that there is an inconsistency which must be removed. And, this hope will continue to be thrust on us, with case after case to confuse the public as well as the courts. But as some of us realized in passing the Amendment in 2015, there is no inconsistency at all in this case, unlike for instance with regard to the President’s power to dissolve Parliament where the Courts ruled that the amendment limiting it was the salient point.

We reduced the term of the Presidency, which is clearly permitted without a referendum, which is required only if the term is extended beyond six years. I hope the Courts will make that crystal clear, and deal firmly with those who waste their time.

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Opinion

Key to resilient plantation agriculture in Sri Lanka

Published

24 hours ago

2024/11/21

Sahan Weerasooriya

Sustainable soil health:

by Lalin I De Silva

With the escalating impacts of climate change, Sri Lanka’s plantation sector—spanning tea, rubber, coconut, spices, and oil palm—faces critical challenges in maintaining soil health. As fluctuating weather patterns affect nutrient availability and increase erosion, achieving sustainable crop productivity requires rethinking soil management. This article explores why a shift to adaptive soil practices is essential, discussing the role of nutrient management, organic matter enhancement, and precision techniques that can support a climate-resilient future for Sri Lankan planters.

Understanding Soil Health and Climate Adaptation

In Sri Lanka, where agriculture is deeply interwoven with economic stability and cultural heritage, soil is a foundational asset. Healthy soil not only sustains high yields but also contributes to carbon sequestration and water retention. However, climate change introduces frequent rainfall variability, which accelerates nutrient leaching, affects soil structure, and increases erosion risk—especially in sloped plantation areas common in tea production. Understanding the specific nutrient needs of each crop and adapting soil practices accordingly can help mitigate these adverse impacts.

Key Soil Nutrients and Their Importance

The macronutrients nitrogen (N), phosphorus (P), and potassium (K) play vital roles in crop health, but their optimal levels vary between plantation crops:

Nitrogen (N): Essential for foliage growth, nitrogen requirements are particularly high for tea, which thrives with approximately 20-25 mg/kg. For other crops like coconut and oil palm, nitrogen supports broader canopy development, which is important for resilience against drought.

Phosphorus (P): Phosphorus supports root development, critical in early plant growth and essential for strong, resilient crops. A good level for most plantation soils falls between 10-30 mg/kg, depending on soil type and crop. Coconut, which requires strong roots for water absorption, greatly benefits from adequate phosphorus levels.

Potassium (K): Often called the “quality nutrient,” potassium improves crop resilience and quality. For example, tea thrives with potassium levels of 120-150 mg/kg, while rubber and coconut need slightly higher levels to promote nutrient distribution across the plant structure, supporting resilience during dry spells.

Tailoring Soil Practices for Plantation Resilience

Plantations must adopt region-specific soil management practices to meet crop needs while minimizing environmental impact. Here are some effective techniques for sustainable soil management:

Cover Crops and Erosion Control: By planting cover crops like legumes, farmers can reduce erosion while adding nitrogen to the soil naturally. Cover crops shield soil from heavy rain, reducing topsoil loss and adding organic matter as they decompose, which improves nutrient availability and soil structure over time.

Organic Matter Management: Increasing organic matter in the soil improves moisture retention and overall fertility. Applying compost, mulches, or green manure boosts organic carbon levels, which is particularly beneficial in tropical climates with high decomposition rates. Mulching, for instance, helps regulate soil temperature, retain moisture, and add essential nutrients as it decomposes.

Biochar Application: Biochar, a type of charcoal added to the soil, improves water retention, nutrient availability, and microbial health. In tea estates or high-rainfall areas, biochar acts as a stabilizer, helping the soil retain nutrients that might otherwise be washed away. Its porous structure holds onto moisture, benefiting root health during dry periods.

Precision Fertilisation

Implementing a targeted fertilisation approach ensures the soil receives just the nutrients it needs. Slow-release fertilisers and digital soil sensors reduce nutrient leaching, prevent over-application, and support a balanced nutrient profile. For example, the use of a portable spectrophotometer can measure soil nutrient levels, guiding adjustments that enhance productivity and reduce waste.

Carbon Sequestration Techniques: Practices like agroforestry and low-tillage farming promote carbon storage in the soil, contributing to climate resilience and soil fertility. By integrating trees with crops, agroforestry not only sequesters carbon but also protects against soil erosion and provides shade, which reduces crop stress during high temperatures.

Implementing Soil Testing and Monitoring

For Sri Lankan planters, regular soil testing and monitoring are essential to maintain optimal soil health. Digital tools such as portable pH meters, EC (Electrical Conductivity) meters, and NPK soil test kits provide valuable data on soil composition and health. By regularly testing for pH, organic carbon, and nutrient levels, planters can make informed decisions on crop nutrition and soil amendments. Mapping plantation areas using handheld GPS devices also aids in precision agriculture, allowing farmers to apply fertilizers and water only where necessary, minimizing environmental impact.

Promoting Soil Biodiversity and Microbial Health

Healthy soils host a diverse range of micro organisms, essential for nutrient cycling and disease suppression. Adopting organic inputs and minimising chemical usage help sustain beneficial bacteria, fungi, and earthworms, all of which improve soil structure and fertility. Mycorrhizal fungi, for instance, form symbiotic relationships with plant roots, enhancing phosphorus uptake and strengthening plants against drought stress. Encouraging these organisms through organic farming practices is a vital component of sustainable soil health.

Way Forward: Embracing a Soil-Centric Approach in Sri Lanka

Sri Lankan planters face unique challenges from climate change, but by adopting a soil-centric approach, they can maintain crop yields and enhance environmental resilience. Partnerships with agronomists and value chain consultants can assist in identifying effective practices suited to local soil types and climate conditions. Additionally, government support for sustainable farming incentives and education initiatives would empower farmers to adopt these practices.

Implementing soil-friendly practices at scale requires both knowledge-sharing and community cooperation. Initiatives like training programes in precision agriculture, digital tools for soil monitoring, and organic fertiliser subsidies could be valuable. By aligning these practices with Sri Lanka’s climate resilience goals, the plantation sector can enhance productivity sustainably.

Maintaining healthy soils is not only a matter of crop productivity; it is a defence strategy against the unpredictable impacts of climate change. Through sustainable soil management practices—such as increasing organic matter, precise nutrient application, and encouraging soil biodiversity—Sri Lanka’s planters can create resilient agricultural systems that support long-term economic stability. Embracing these practices will enable the plantation sector to flourish sustainably, preserving the environment while continuing to contribute to the nation’s economy. With a soil-centric approach, the future of Sri Lankan agriculture holds promise for both productivity and resilience in the face of climate change.

Lalin I De Silva is a value chain journalist of www.vivonta.lk, Senior Planter, Agricultural Advisor / Consultant, Secretary General of Ceylon Planters Society, Editor of Ceylon Planters Society Bulletin and freelance journalist.

Opinion

Dress code for MPs

Published

24 hours ago

2024/11/21

Sahan Weerasooriya

Why does B. Perera, in The Island of November 11, ask for an official dress code for our parliamentarians, including the President and Prime Minister, when he himself acknowledges that these individuals have traditionally attended official functions in appropriate attire? This made me curious, prompting me to review TV footage of meetings attended by the current President and the other two ministers. Unfortunately, I observed our Prime Minister, who also serves as the education minister, addressing a gathering of female teachers admirably well-dressed in sarees, while she was wearing a salwar suit.

Let’s avoid harsh criticism of B. Perera and myself for expressing our views; saying, she embodies the common person’s Prime Minister, without any pretence.

A Ratnayake

Opinion

Bitter truth about laws and animal welfare

Published

2 days ago

2024/11/20

Sahan Weerasooriya

Draft Animal Welfare Bill
National Dog Spay and Rabies Eradication Programme
Draft Animal Welfare Bill

By 2023 when the Draft Animal Welfare Bill was taken up for its first reading in Parliament, it has been made into a legal mess, denying legal protection to animals from cruelties.

In June 2023 our Coalition intervened and by March 2024 we got Parliamentary Sectoral Oversight Committee (SOC) to approve amendments that would make this bill exemplary, offering legal protection to all animals from cruelties, coupled with fines increased from Rs. 100,000 to 250,000- 500,000 to Rs. 5 million for animal abuse, with the fines doubling for abuse of pregnant animals.

But even after that Constitutional intervention and clear instructions to the relevant Ministry by the SOC to include the approved amendments, the Bill was prepared by that Ministry for the Second Reading in Parliament, dropping many crucial PARLIAMENTARY SOC-APPROVED AMENDMENTS.

Fortunately for the Animals of Sri Lanka, the Draft Bill was not taken up for the Second Reading.

The Parliament stands dissolved.

Attention President, Minister of Agriculture and Minister of Justice: This draft Bill must be presented in Parliament again ONLY after including the SOC-APPROVED AMENDMENTS.

Anyone trying to scuttle the process to pass a Bill that comprehensively provides legal protection to animals citing ANY reason, cannot have animal welfare in their hearts and minds.

2) The National Dog Spay and Rabies Eradication Programme

All one has to do is to travel round Sri Lanka to witness the enormous numbers of ownerless dogs, some in shocking conditions, to judge how “efficient and sustainable result-oriented” the National Dog Spay and Rabies Eradication Programme has been, after functioning under the Health Ministry with contract veterinarians for 15 years since 2008 till now, at a budgetary allocation ranging from Rs.100 million to Rs. 280 million annually.

Right now Rs. 200 million has been allocated to this fruitless, unmonitored, unevaluated activity, to SUSTAIN A BUSSINESS and not an accountable programme.

The move to have this programme executed by the ONLY State Entity that is responsible for handling and eradicating zoonotic diseases, the Department of Animal Production and Health (DAPH), having recruited 500 additional veterinarians, was scuttled in 2019, and the Programme was taken back to the Ministry of Health, a State entity responsible for diseases that afflict humans and not animals and hence has no Veterinarians, for BUSINESS AS USUAL.

Attention President, Minister of Health, and Minister of Livestock: This programme must be immediately vested in the DAPH so it can be made into a scientifically executed, accountable, sustainable-results-generating programme that can be monitored and evaluated regularly.

Such a scientific, professional, and systematic DAPH-executed accountable programme, coupled with Owned Dog Registration will see significant results in two years towards zero dog population growth and dog rabies control towards eradication.

CPAPA – SL (The Coalition for a Pro-Animal Protection Act – Sri Lanka)