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Don’t blame Constitution for grave lapses of Ranil and Maithripala -JVP

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By Saman Indrajith

The country’s failed socio-economic-political situation should not be blamed on its Constitution, JVP leader Anura Kumara Dissanayake told Parliament yesterday (22). 

Participating in the second reading debate on the 20th Amendment, Dissanayake said that the failure of the yahapalana regime should not be equated with the 19th Amendment. “The 19th Amendment to the Constitution came into force under the weakest political leaders in recorded political history of the country––Ranil Wickremesinghe and Maithripala Sirisena. Otherwise, the 19th Amendment would not have been seen to be a failure.

“Most of the amendments to the 1978 Constitution have been brought in by governments that had a two-thirds majority in Parliament. Every Opposition voted against those amendments. However, there are two amendments brought in by governments which had only a simple majority. One was the 17th Amendment to the Constitution and the other the 19th Amendment. It is noteworthy that they received the highest number of votes in favour. Only one MP voted against both amendments.

Thus, this government is able to present the 20th Amendment not because there is a consensus among different political parties, but because it has a two-thirds majority.”

 Dissanayake said: “We do agree that the 19th Amendment to the Constitution had its own shortcomings. However, its core intention was to strengthen democratic governance. If we are getting rid of the loopholes of the 19th Amendment, we need to orient our attempt towards a more comprehensive democratic framework. For example, Professor G.L. Peiris pointed out that members of the Constitutional Council cannot be removed. So, an amendment should be brought in to allow the removal of such a CC member. But if you are removing the whole of CC, that is not an act of strengthening democracy. The 19th amendment would have been a success if it had come into effect under a responsible political leadership. Blaming the failure of two horrible political leaders upon the 19th Amendment to the Constitution is not fair. Failure of the rulers should not be blamed upon the country’s Constitution. It is politically incorrect. Problems this country has faced are not constitutional; the political rulers are responsible for them. It was the executive presidency that has a destructive power vested in it. That is how J. R. Jayewardene expelled trade union activists, prohibited political parties, opted for an open economy with serious flaws. So, this socio-economic-political chaos has not been created by the Constitution. We as a political party believe in partial centralisation of power, but that should be done not to vest more powers in an individual but to strengthen institutions.

Dissanayake was also critical of a new provision introduced by the 20th Amendment concerning the appointment of ministry secretaries. According to Dissanayake the new provision enables a ministry secretary appointed by the executive presidency to be absorbed into the government service after concluding his or her service as the ministry secretary. “For example, if a military person is appointed as a ministry secretary by the Executive President, the appointment becomes legal. Now, this new provision allows this appointed person, at the end of his service, be appointed as the Director General of the same institution. This is absorption to the government service.”

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Mahara prison riot: four killed, 26 injured

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Condition of some inmates serious

Rioters attempt arson attack

Exact number of deaths not known

Situation under control – police

At least four inmates were killed and 26 others injured, yesterday evening, when officers opened fire during a riot in the Mahara prison. It was not clear how many had died, but four bodies were taken to the Ragama Hospital, according to sources.

The condition of some inmates was serious, a senior doctor treating the injured told The Island.

Police headquarters said law enforcement units including the Special Task Force had been deployed in support of the prisons guards.

The situation had been brought under control by yesterday evening, the police said, adding that inmates had caused disturbances over the spread of COVID-19 in their prison.

The riot erupted when inmates learnt that there was a surge in infections in the prison, and dozens of them had tested positive for COVI-19.

Most inmates wanted to be taken to treatment centres, making it difficult for the prison guards to control them.

The inmates turned aggressive and attempted an arson attack.

A fire was reported from the prison last night.

So far, over 1,000 corona positive cases have been reported from the prisons.

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SLPP constituent hands over far reaching proposals

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New Constitution making process underway

By Shamindra Ferdinando

Deputy Leader of the breakaway JVP faction-National Freedom Front (NFF) Jayantha Samaraweera, yesterday (29) told The Island that his party recently submitted 23 proposals to the nine-member expert committee appointed by the Cabinet of Ministers to draft a new Constitution.

President’s Counsel Romesh de Silva leads the expert committee, named in early September, this year.

The proposals consisted of what shouldn’t be included in the new draft Constitution under any circumstances, what should be retained from the current Constitution, sections that needed to be rectified, executive presidency and electoral reforms, the Kalutara district lawmaker said.

State Minister Samaraweera said that he had posted the NFF’s set of proposals to the committee after an attempt to hand it over personally to Room No 32 (Block 2) of the BMICH, where the committee is located, failed last Thursday (26).

Samaraweera was accompanied by General Secretary of the party S. Wijesiri, politburo member Nimal Piyatissa, MP and Uddika Premaratne, MP. A constituent of the SLPP (Sri Lanka Podujana Peramuna), the NFF group in the 145-member government parliamentary group is represented by six members.

 Responding to a query, State Minister of Warehouse Facilities, Container Yards, Port Supply Facilities and Boats and Shipping Industry Development Samaraweera said that their proposals reflected the aspirations of those who voted for Gotabaya Rajapaksa and the SLPP led coalition at the 2019 presidential and 2020 parliamentary polls, respectively.

The expert committee consists of Romesh de Silva, PC, Gamini Marapana, PC, Manohara de Silva, PC, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC, Prof. Naseema Kamurdeen, Dr. A. Sarveshwaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.

Justice Minister Ali Sabry, PC, assured Parliament late last October that the government would present the draft of the proposed Constitution to the House within one year. The assurance was given during the debate on the second reading of the 20th Amendment to the Constitution on Oct. 22.

Responding to another query, the State Minister said the proposed new Constitution should ensure the country’s stability, protect the unitary status, thwart the separatist agenda, protect Buddhism, guarantee human rights of all, protect archeological heritage, food security and non-aligned foreign policy.

SLPP Chairman who is also the Education Minister Prof. G.L. Peiris yesterday told The Island that the party was ready to swiftly respond to the expert committee if it sought to ascertain their views on any matter in respect of the draft constitution. Prof. Peiris emphasized that President Gotabaya Rajapaksa and the SLPP received two massive mandates at the presidential and parliamentary polls to bring in a new Constitution. Well informed sources told The Island that the committee was trying to meet the original deadline to finish the assignment within six months. Therefore, the committee was planning to finalize the document ahead of Sinhala and Tamil New Year. Recently the Justice Ministry extended the time to accept proposals till Dec 31, 2020. Sources said that the committee so far hadn’t received proposals from any major political party. Perhaps, NFF proposals had been delayed in the post, sources said, adding that attorney-at-law Nagananda Kodituwakku too had sent his proposals. The committee has sought views from interested parties on the (1) nature of the state (2) fundamental rights (3) language (4) directive principles of State Policy (5) the executive, cabinet of ministers, the public service (6) the legislature (7) franchise and elections, including referendum (8) decentralization/devolution of power/power sharing (9)the judiciary (10) public finance (11) public security and any other matter not specifically referred to by the Justice Ministry. In spite of the eruption of the second devastating covid outbreak in early Oct that hindered the expert committee, it could make progress thanks to Zoom technology, sources said. Progress had been made, sources said adding that recently face to face meetings resumed.

The NFF Deputy Leader said that they suggested to the expert committee that the authority to introduce laws should be the prerogative of parliament and under no circumstances should such powers be granted to administrative structures at provincial or district level. The NFF also proposed that special laws should be formulated to cater to the needs of any community, constitutional guarantee that administrative structures shouldn’t be named, changed or amalgamated in terms of particular ethnicity and an elected government should function as caretaker not as the owner and the right of the public should be held over the right of an individual as well as constitutional guarantee to protect the national wealth for future generations.

Lawmaker Samaraweera said that the NFF also proposed that the country shouldn’t enter into agreements contrary to non-aligned foreign policy and not allow any foreign power to use Sri Lanka territory for military purposes, transparency in foreign trade agreements, constitutional measures to prevent dual citizens from contesting the Presidency, entering parliament, commanding armed forces, IGP, Attorney General, Governor Central Bank, diplomatic posts and serve as Court of Appeal or Supreme Court judges.

The MP said altogether 23 proposals were made and the NFF expected the expert committee to give them due consideration. Samagi Jana Balavegaya Leader Sajith Premadasa couldn’t be contacted for his party’s position on the new Constitution making process. Fifteen political parties represent the current parliament. Nine of them have just one MP in parliament.

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Final decision on GCE O/L exam, this week – Prof. GL

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Education Minister Prof GL Peiris told Parliament, on Saturday, that the final decision on whether the GCE O/L examination would be held as scheduled would be made public within one week.

Responding to a question raised by Kurunegala District SLPP MP Shantha Bandara, Minister Prof Peiris said that schools in Colombo, Gampaha, Kalutara districts, and the areas under lockdown in other districts had been closed owing to the COVID-19 pandemic. “The reopening of these schools depends on the advice of health authorities. The most important thing is saving the children from the pandemic. If this situation lasts more than one week or two we may not be able to hold the examination as scheduled from Jan 18 to 27 next year.”

Prof. Peiris said the situation would be reviewed this week and a decision taken thereafter. “It will be unfair by some students to make them sit the examination while their schools are closed,” the Minister said.

Minister Prof Peiris said that of the 10,165 schools countrywide only 5,100 remained open at present.

MP Bandara said that many talented children missed their opportunity to compete in national school games owing to the school closure and asked whether they would get that opportunity.

Prof. Peiris said that the matter had been discussed with the relevant authorities, who held that it was not still safe to conduct sports events in the country due to the health emergency.

The Minister said that the government was thankful to the principals and teachers who had helped conduct the GCE Advanced Level examination and the Grade Five Scholarship examination successfully. Within 33 days of the Grade Five scholarship examination, the results could be released in record time for the first time. The teachers had rendered a dedicated service. Currently, between 90 to 95 percent of teachers reported to work in schools in areas that were not under lockdown. They render a remarkable service amidst great difficulties.”

Prof Peiris said the government spent Rs 137,340.3 million on teachers’ salaries, and admitted that there were salary anomalies, which had to be rectified. “We have referred the matter to the National Salaries and Cadre Commission and decided to pay an interim allowance to the teachers until that matter is solved. The Cabinet has approved this, and the Treasury Secretary has informed us that the payments could be made. Teachers will get that allowance very soon.”

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