Features

NMSJ Proposals for a New Constitution – Part I

Published

3 years ago

2021/12/13

Sahan Weerasooriya

By Dr Jayampathy WickramaratnE

President’ Counsel

The government has stated that it will unveil its proposals for a new Constitution in the form of a legal text early next year. A committee, headed by Romesh De Silva PC, has been working on a new Constitution for more than a year. It is not known whether the committee report would also be published. Whether the draft is based solely on the report or whether the Government’s proposals have also been included is to be seen.

In the meantime, the National Movement for Social Justice (NMSJ) has unveiled its proposals on constitutional reform. The NMSJ, which the late Ven. Maduluwawe Sobitha Thera founded, has made a significant contribution to the debate on constitutional reform during its decade-long existence. Ven. Sobitha Thero was at the forefront of the campaign for the abolition of the executive presidency from the time it was installed in 1978 until he passed away in November 2015. He played an important role in the regime change of 2015 and, by his leadership, contributed to the Nineteenth Amendment to the Constitution. The late Thera was deeply disappointed that the Nineteenth Amendment was not up to his expectations.

The NMSJ’s proposals on selected aspects relating to democratic governance are a culmination of almost a year’s work. Several discussions open to all were held in cyberspace on various aspects of the Constitution. Experts were invited to present their proposals for reform, followed by long Q&A sessions. Draft proposals were circulated among NMSJ members, and a consensus was achieved. The NMSJ is now chaired by Karu Jayasuriya, former Speaker of Parliament. The writer has been associated with the NMSJ from almost its inception.

Constitutional Principles, Nature of the State, Sovereignty and Safeguards Against Secession

The NMSJ has proposed that a new Constitution set out certain basic constitutional principles. Following the South African post-apartheid Constitution, many new constitutions have included basic principles that would be considered when addressing constitutional issues or interpreting the Constitution. The NMSJ has proposed the following: human dignity, social justice, equality and the advancement of human rights and freedoms; non-racialism and gender equality; the supremacy of the Constitution and the rule of law; regular elections and a multi-party system of democratic government; and the assurance of accountability, responsiveness and transparency.

The description of the Sri Lankan state as ‘unitary’ in 1972 and its subsequent entrenchment in 1978 have impeded efforts at meaningful power-sharing. In constitutional theory, a unitary state is one in which the central government is supreme, and administrative divisions exercise only powers that the central government delegates. In short, there is only one ultimate source of state power. However, for many Sri Lankans, ‘unitary’ means ‘oneness’ or ‘one country’. The Sinhala word for ‘unitary’ is ‘ekeeya’, and ‘eka’ is ‘one’. Thus, changing the ‘ekeeya’ nature of the state is seen by some as ‘dividing’ the country.

Proponents of devolution argue that describing the Sri Lankan State as ‘unitary’ in the English version of the Constitution is undesirable for the reason that there exists a certain ‘unitary mindset’ in Sri Lanka according to which any issue that arises between the Centre and a Province is decided in favour of the Centre. They argue that while ‘unitary’ means in the classic sense that powers devolved may be withdrawn by the Centre by constitutional change, there have been instances of the legislature, executive and even the judiciary undermining devolution. They are agreeable to the use of the phrase ‘aekiya raajyaya’.

The Steering Committee of the Constitutional Assembly of the last Parliament considered the above mentioned claims and suggested a way out. The Committee stated: “The President whilst speaking on the Resolution to set up the Constitutional Assembly, stated that whilst people in the south were fearful of the word ‘federal’, people in the north were fearful of the word ‘unitary.’ A constitution is not a document that people should fear. The classical definition of the English term ‘unitary state’ has undergone change. In the United Kingdom, it is now possible for Northern Ireland and Scotland to move away from the union. Therefore, the English term ‘Unitary State’ will not be appropriate for Sri Lanka. The Sinhala term ‘aekiya raajyaya’ best describes an undivided and indivisible country.”

‘Orumiththa nadu’, the Tamil phrase for ‘aekiya raajyaya’ proposed by the Steering Committee, evoked controversy. The EPDP argued that ‘orumiththa nadu’ means, in essence, a ‘united state’ and suggested that the phrase used in the Tamil version of the 1978 Constitution ‘ottaiyadchi’ be used. The TNA claimed that ‘ottaiyadchi’ means ‘one government’ and not ‘one State’.

The NMSJ has proposed that the phrase ‘aekiya raajyaya’ be used in both the Sinhala and English versions and the correct term in Tamil be found and used in the Tamil version.

According to the NMSJ’s proposals, Sri Lanka would be an aekiya rajyaya, consisting of the institutions of the Centre and of the Provinces, which shall exercise power as laid down in the Constitution. An aekiya rajyaya is defined as a State which is undivided and indivisible and in which the power to amend the Constitution or to repeal and replace the Constitution shall remain with the national legislature and the People of Sri Lanka as provided in the Constitution. Sovereignty is in the People and is inalienable and includes the powers of government, fundamental rights and the franchise. The legislative, executive, and judicial power of the People shall be exercised as provided for by the Constitution.

Some fear that a Provincial Council might use its powers to move towards secession. To assuage such fears, the NMSJ has proposed that the Centre should have the power to intervene if there is a danger to the territorial integrity and sovereignty of the country. Accordingly, where a situation has arisen in which a provincial administration is promoting armed rebellion or insurrection or engaging in an intentional violation of the Constitution which constitutes a clear and present danger to the territorial integrity and sovereignty of the Republic, the Centre may by Proclamation assume all or any of the functions of the administration of the Province and, where necessary, dissolve the Provincial Council. To ensure that such power is not abused, it is proposed that the Centre give reasons for the exercise of the power, that Parliament should approve any such intervention and that an intervention should be subject to judicial review.

Legislature

The NMSJ has proposed a bicameral legislature composed of a Parliament and a Second Chamber suitably named. The term of Parliament shall be five years.

Parliament shall be dissolved by the President if Parliament passes a motion of no-confidence in the government or the Budget is defeated in or the Statement of Government Policy is defeated and a new government formed does not win a vote of confidence within 14 days. Parliament shall also be dissolved if a motion in the name of the Prime Minister to that effect, tabled with the agreement of the Leader of the Opposition and the leader of the third-largest party in Parliament, is passed. The President shall not dissolve Parliament other than in the above mentioned circumstances.

At present, a Member of Parliament who loses membership of the party or group on whose list s/he was elected consequently loses her/his seat in Parliament. But such Member may challenge the expulsion in the Supreme Court. In practice, however, such Members obtain injunctions from the District Court preventing any disciplinary proceedings and thereby frustrate the purpose of the anti-defection provision. This was sought to be remedied by the Nineteenth Amendment. Still, the proposed provision had to be withdrawn at the committee stage in Parliament due to the Opposition not being in favour. The NMSJ proposal is for the Supreme Court to have exclusive jurisdiction to hear and determine any matter relating to disciplinary action taken or proposed to be taken by any recognised political party or independent group against a Member of Parliament. No other court shall have the power to grant a writ, injunction, an enjoining order or any other relief, preventing, restraining or prohibiting any such action or proposed action.

The NMSJ points out that a second chamber of the legislature has been used in many countries as an instrument of power-sharing. Almost every country with devolution has such a chamber. A second chamber comprising representatives from the provinces would engender in the provinces a strong feeling that they too have a distinct role to play in the national legislature. It would function as a mechanism to rectify possible imbalances of representation in the lower house and also act as an in-built mechanism against hasty legislation and legislation that may have an adverse effect on the provinces.

The Second Chamber shall consist of 55 Members, each Provincial Council (PC) nominating five members based on a Single Transferable Vote, the method used under the Independence Constitution to elect Senators. As to who shall be members, two options have been given. Option 1: Members shall be persons of eminence and integrity who have distinguished themselves in public or professional life. Option 2: Members nominated will be PC members, including Provincial Ministers.

The Second Chamber shall not have the power to veto ordinary legislation. All Bills placed on the Order Paper of Parliament shall be referred to the Second Chamber to obtain its views, if any, before the Second Reading. A Bill seeking to make national policy or standards on a subject or matter in the Provincial Council List shall, however, be passed by the Second Chamber as well. The Second Chamber shall also exercise such oversight and other functions as may be prescribed by the Constitution or law. No Constitutional Amendment shall be enacted into law unless passed by both Parliament and the Second Chamber, with special (2/3) majorities.

(Next: The Executive and devolution)

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Features

SL urged to use GSP+ to the fullest to promote export development

Published

16 hours ago

2025/04/10

Sahan Weerasooriya

Ambassador of the EU to Sri Lanka and the Maldives, Carmen Moreno and Chairman, Pathfinder Foundation Ambassador Bernard Goonetilleke

Sri Lanka needs to take full stock of its current economic situation and use to the maximum the potential in its GSP+ facility for export sector growth. In the process, it should ensure that it cooperates fully with the European Union. The urgency of undertaking these responsibilities is underscored by the issues growing out of the recent US decision to sweepingly hike tariffs on its imports, though differentially.

These were principal ‘takes’ for participants in the Pathfinder Foundation’s Ambassadors’ Roundtable forum held on April 8th at the Colombo Club of the Taj Samudra. The main presenter at the event was Ms. Carmen Moreno Raymundo, Ambassador of the European Union to Sri Lanka and the Maldives. The forum was chaired by Ambassador Bernard Goonetilleke, Chairman, Pathfinder Foundation. The event brought together a cross-section of the local public, including the media.

Ms. Moreno drew attention to the fact Sri Lanka is at present severely under utilizing its GSP+ facility, which is the main means for Sri Lanka to enter the very vast EU market of 450 million people. In fact the EU has been Sri Lanka’s biggest trading partner. In 2023, for instance, total trade between the partners stood at Euros 3.84 billion. There is no greater market but the EU region for Sri Lanka.

‘However, only Sri Lanka’s apparel sector has seen considerable growth over the years. It is the only export sector in Sri Lanka which could be said to be fully developed. However, wider ranging export growth is possible provided Sri Lanka exploits to the fullest the opportunities presented by GSP+.’

Moreno added, among other things: ‘Sri Lanka is one among only eight countries that have been granted the EU’s GSP+ facility. The wide-ranging export possibilities opened by the facility are waiting to be utilized. In the process, the country needs to participate in world trade in a dynamic way. It cannot opt for a closed economy. As long as economic vibrancy remains unachieved, Sri Lanka cannot enter into world trading arrangements from a strong position. Among other things, Sri Lanka must access the tools that will enable it to spot and make full use of export opportunities.

‘Sri Lanka must facilitate the private sector in a major way and make it possible for foreign investors to enter the local economy with no hassle and compete for local business opportunities unfettered. At present, Lanka lacks the relevant legal framework to make all this happen satisfactorily.

‘Sri Lanka cannot opt for what could be seen as opaque arrangements with bilateral economic partners. Transparency must be made to prevail in its dealings with investors and other relevant quarters. It’s the public good that must be ensured. The EU would like to see the local economy further opening up for foreign investment.

‘However, it is important that Sri Lanka cooperates with the EU in the latter’s efforts to bring about beneficial outcomes for Sri Lankans. Cooperation could be ensured by Sri Lanka fully abiding by the EU conditions that are attendant on the granting of GSP+. There are, for example, a number of commitments and international conventions that Sri Lanka signed up to and had promised to implement on its receipt of GSP+ which have hitherto not been complied with. Some of these relate to human rights and labour regulations.

‘Successive governments have pledged to implement these conventions but thus far nothing has happened by way of compliance. GSP+ must be seen as an opportunity and not a threat and by complying with EU conditions the best fruits could be reaped from GSP+. It is relevant to remember that GSP+ was granted to Sri Lanka in 2005. It was suspended five years later and restored in 2017.

‘The importance of compliance with EU conditions is greatly enhanced at present in view of the fact that Sri Lanka is currently being monitored by the EU with regard to compliance ahead of extending GSP+ next year. A report on Sri Lanka is due next year wherein the country’s performance with regard to cooperating with the EU would be assessed. The continuation of the facility depends on the degree of cooperation.

‘A few statistics would bear out the importance of Sri Lanka’s partnership with the EU. For example, under the facility Sri Lanka benefits from duty free access in over 66% of EU tariff lines. The highest number of tourist arrivals in Sri Lanka in 2023 was from the EU’s 27 member states. Likewise, the EU’s 27 member states rank second in the origin of inflows of foreign exchange to Sri Lanka; with Italy, France and Germany figuring as the main countries of origin. Eighty five percent of Sri Lanka’s exports to the EU market benefits from GSP+. Thus, the stakes for the country are high.’

Meanwhile, President, In-house Counsel & Legal Advisor, The European Chamber of Commerce of Sri Lanka, John Wilson said: ‘GSP+ should be seen as not only an opportunity but also as a necessity by Sri Lanka in the current international economic climate. ‘Implementation of local laws is what is needed. Considering the pressures growing out of the US imposed new tariff regime, a good dialogue with the EU is needed.

‘Sri Lanka’s level of business readiness must be upped. Among the imperatives are: An electronic procurement process, Customs reforms, a ‘National Single Window’, stepped-up access to land by investors, for example, a clear policy framework on PPPs and reform of the work permits system.’

It ought to be plain to see from the foregoing that Sri Lanka cannot afford to lose the GSP+ facility if it is stepped-up economic growth that is aimed at. It would be in Sri Lanka’s best interests to remain linked with the EU, considering the aggravated material hardships that could come in the wake of the imposition of the US’ new tariff regime. Sri Lanka would need to remain in a dialogue process with the EU, voice its reservations on matters growing out of GSP+, if any, iron out differences and ensure that its national interest is secured.

Features

SENSITIVE AND PASSIONATE…

Published

16 hours ago

2025/04/10

Sahan Weerasooriya

Chit-Chat
Chiara Tissera

Mrs. Queen of the World Sri Lanka 2024, Chiara Tissera, leaves for the finals, in the USA, next month

I had a very interesting chat with her and this is how it all went:

1. How would you describe yourself?

I am a sensitive and passionate individual who deeply cares about the things that matter most to me. I approach life with a heart full of enthusiasm and a desire to make meaningful connections.

2. If you could change one thing about yourself, what would it be?

Actually, I wouldn’t change a thing about myself because the person I am today, both inside and out, is the result of everything I’ve experienced. Every part of me has shaped who I am, so I embrace both my strengths and imperfections as they make me uniquely me.

3. If you could change one thing about your family, what would it be?

If there’s one thing I could change about my family, it would be having my father back with us. Losing him six years ago left a void that can never be filled, but his memory continues to guide and inspire us every day.

4. School?

I went to St. Jude’s College, Kurana, and I’m really proud to say that the lessons I gained during my time there have shaped who I am today. My school and teachers instilled in me values of hard work, perseverance and the importance of community, and I carry those lessons with me every day. I was a senior prefect and was selected the Deputy Head Prefect of our college during my tenure.

5. Happiest moment?

The happiest moment of my life so far has been winning the Mrs. Sri Lanka 2024 for Queen of the World. It was a dream come true and a truly unforgettable experience, one that fills me with pride and gratitude every time I reflect on it.

6. What is your idea of perfect happiness?

Happiness is a deeply personal and multifaceted feeling that often comes from a sense of contentment, fulfillment and well-being. For me, perfect happiness is in moments of joy, peace and accomplishments … and also being surrounded by my loved ones.

7. Are you religious?

Yes, I’m a very religious person. And I’m a firm believer in God. My faith guides me through life, providing strength, dedication and a sense of peace in every situation. I live by the quote, ‘Do your best, and God will do the rest.’

8. Are you superstitious?

I’m not superstitious. I believe in making my own decisions and relying on logic and faith rather than following superstitions.

9. Your ideal guy?

My ideal guy is my husband. He is compassionate, understanding and is always there to support me, no matter what. He’s my rock and my best friend – truly everything I could ever want in a partner.

10. Which living person do you most admire?

The living person I admire the most is definitely my mummy. Her strength, love and unwavering support has shaped me into who I am today. She is my role model and she inspires me every day with her wisdom and kindness.

11. Your most treasured possession?

My most treasured possession is my family. They are the heart of my life, providing me with love, support and strength. Their presence is my greatest blessing.

12. If you were marooned on a desert island, who would you like as your companion?

I would like to have my spouse as my companion. Together, we could make the best of the situation, supporting each other, sharing moments of laughter and finding creative ways to survive and thrive.

13. Your most embarrassing moment?

There’s quite a few, for sure, but nothing is really coming to mind right now.

14. Done anything daring?

Yes, stepping out of my comfort zone and taking part in a pageant. I had no experience and was nervous about putting myself out there, but I decided to challenge myself and go for it. It pushed me to grow in so many ways—learning to embrace confidence, handle pressure, and appreciate my own uniqueness. The experience not only boosted my self-esteem but also taught me the value of taking risks and embracing new opportunities, even when they feel intimidating.”

15. Your ideal vacation?

It would be to Paris. The city has such a magical vibe and, of course, exploring the magical Eiffel Tower is in my bucket list. Especially the city being a mix of history culture and modern life in a way that feels timeless, I find it to be the ideal vacation spot for me.

16. What kind of music are you into?

I love romantic songs. I’m drawn to its emotional depth and the way they express love, longing a connection. Whether it’s a slow ballad, a classic love song or a more modern romantic tune these songs speak to my heart.

17. Favourite radio station?

I don’t have a specific radio station that I like, but I tend to enjoy a variety of stations, depending on my mood. Sometimes I’ll tune into one for a mix of popular hits, other times I might go for something more relaxing, or a station with a certain vibe. So I just like to keep it flexible and switch it up.

18. Favourite TV station?

I hardly find the time to sit down and watch TV. But, whenever I do find a little spare time, I tend to do some spontaneous binge – watching, catching whatever interesting show is on at that moment.

19 What would you like to be born as in your next life?

Mmmm, I’ve actually not thought about it, but I’d love to be born as someone who gets to explore the world freely – perhaps a bird soaring across continents.

20. Any major plans for the future?

Let’s say preparing and participating in the international pageant happening in the USA this May. It’s an exciting opportunity to represent myself and my country on a global stage. Alongside this, I am dedicated to continuing my social service work as a title holder, striving to make a meaningful difference in the lives of others through my platform.

Features

Fresher looking skin …

Published

16 hours ago

2025/04/10

Sahan Weerasooriya

The formation of wrinkles and fine lines is part of our ageing process. However, if these wrinkles negatively impact appearance, making one look older than they actually are, then trying out some homemade remedies, I’ve listed for you, this week, may help in giving your skin a fresher look.

* Banana:

Bananas are considered to be our skin’s best friend. They contain natural oils and vitamins that work very perfectly to boost our skin health. Skincare experts recommend applying the banana paste to the skin.

Take a ripe banana and mash a quarter of it until it becomes a smooth paste. Apply a thin layer of the banana paste on your skin and allow it to sit for 15 to 20 minutes before washing it off with warm water.

* Olive Oil:

Olive oil works as a great skin protector and many types of research suggest that even consuming olive oil may protect the skin from developing more wrinkles. Olive oil contains compounds that can increase the skin’s collagen levels. Yes, olive oil can be used as a dressing on your salads, or other food, if you want to consume it, otherwise, you can apply a thin layer of olive oil on your face, neck and hands and let it stay overnight.

* Ginger:

Ginger serves to be a brilliant anti-wrinkle remedy because of the high content of antioxidants in it. Ginger helps in breaking down elastin, which is one of the main reasons for wrinkles. You can have ginger tea or grate ginger and have it with honey, on a regular basis.

* Aloe Vera:

The malic acid present in Aloe Vera helps in improving your skin’s elasticity, which helps in reducing your wrinkles. Apply the gel once you extract it from the plant, and leave it on for 15-20 minutes. You can wash it off with warm water.

* Lemons:

Lemons contain citric acid, which is a strong exfoliant that can help you get rid of your dead skin cells and wrinkles. Also, as an astringent and a cleansing agent, it helps to fade your wrinkles and fine lines. You can gently rub a lemon slice in your wrinkled skin and leave it on for 10-15 minutes. Rinse afterwards and repeat this process two to three times a day.

* Coconut Oil:

Coconut oil contains essential fatty acid that moisturises the skin and helps to retain its elasticity. You can directly apply the coconut oil, and leave it overnight, after gently massaging it, for the best results.