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The country requires a strong Executive Presidency to navigate the Post-Covid world says Milinda Moragoda

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Milinda Moragoda, former Cabinet Minister and founder of the Pathfinder Foundation spoke about the need for Sri Lanka to be fast and agile in order to face the economic, social and international challenges of the Post-Covid environment.
He stated that:  ‘there is no disputing the fact that the country benefited from having strong executive decision-making during the early stages of the pandemic. And as a result, many lives were saved.
Disappointingly, no major political party has yet put forward a coherent governance and governing structure for the nation in their policy platforms.
‘Each has been predictably very chameleon-like when addressing issues related to constitutional and governance-structure related matters in their manifestos. This is especially unfortunate in light of the dysfunctional relationship that now exists between the Executive and the Legislature and the proven potential for gridlock, both a result of the enactment of the 19th Amendment.’
Against this backdrop, without any coherent or credible proposals thus far having been presented by any major political  party, Moragoda proposes that all thoughtful Sri Lankans take up the following points for their consideration, discussion and if appropriate advocacy :
A. The establishment of a strong Executive Presidency that can act decisively and yet be ultimately accountable to Parliament. After all, the presidency is the only office elected by all Sri Lankan voters. Thus, the individual occupying this post will be implicitly accountable to all citizens, be they from Kankesanturai or Dewinuwara.

B.  An independent legislature that will promulgate legislation and act as a responsible check and balance to Executive excess. This legislature should be elected on a first-past-the-post basis with a small percentage of members being chosen through a proportional representation system.
This change should lead to a stable parliament where most members are directly accountable to their constituencies and citizens. The preference vote system which has only created chaos and in-fighting should be dispensed with.

C. The Provincial Councils should be abolished and empowered local councils set up to address the day-to-day issues of the citizenry.

D. An empowered Senate should be created to represent minority and regional interests.
Moragoda further pointed out that ‘Forty-two years have passed since the establishment of Sri Lanka’s Executive Presidency and that all those who criticize this form of government have still not been able to convince Sri Lankans of any better option. Notably, when the opportunity for abolishing the presidential system presented itself in 2015, the then government was unable or unwilling to conduct a referendum to abolish the presidency. And, as we are now on the verge of facing the most challenging period in our post-Independence history, the need of the hour is a strong executive.’
To lend further context to his point he noted that: ‘The first conception of a Presidential system was forged in the late 18th century after the American war of Independence against the British. Extensive debates surrounding the extent of the powers of an Executive Presidency took place during the drafting of the American Constitution. One of the founding fathers and authors of the US Constitution, Alexander Hamilton, argued for a strong Executive leader making the point that:

” ‘A feeble Executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution, and a government ill-executed, whatever it may be in theory, must be, in practice, a bad government.’”

‘In the final analysis Sri Lanka cannot afford to have a crippled government especially at this critical juncture where a large number of lives and livelihoods are at stake.



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Govt. MP Wijeyadasa strikes discordant note on Port City Bill

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… alleges bid to turn Port City into Chinese territory

Over 12 petitioners move SC against proposed law

By Shamindra Ferdinando

SLPP lawmaker Dr. Wijeyadasa Rajapakshe PC, yesterday (15) alleged that the proposed Bill, titled ‘Colombo Port City Economic Commission,’ would transform the reclaimed land, adjacent to the Galle Face Green into a Chinese territory.

Addressing the media at the Abhayarama temple, under the auspices of Ven Muruththettuwe Ananda Thera, the former President of the Bar Association of Sri Lanka (BASL), Rajapakshe, warned of dire consequences if the government went ahead with what he termed the despicable project.

Sixteen parties had filed action against the Bill. Ven. Muruththettuwe Ananda thera was among the petitioners.

The ruling party had placed the Bill on the Order Paper on April 8, just 15 calendar days after the publication of the Bill in the Gazette. In terms of the Constitution a citizen intending to challenge the constitutionality of a Bill had to do so within one week from the Bill being placed in the Order Paper of Parliament, Dr. Rajapakse said.

Among those who moved the SC were the General-Secretary of the UNP and the Chairman of the UNP. The Attorney-General has been named a respondent in the petition. The BASL, too, moved SC against the Attorney General. Three civil society activists, Oshala Herath, Dr. Ajantha Perera and Jeran Jegatheesan also filed action.

Lawmaker Rajapakse explained how the proposed Bill, if enacted, could allow independent status to USD 1.4 bn Colombo Port City. Former Justice Minister alleged that the Colombo Port City project was far worse than the selling of the strategic Hambantota port to the Chinese by the previous administration.

The Colombo District MP said the Parliament wouldn’t have financial control over the Colombo Port City Project whereas its independent status would legally empower those managing the project to finalise agreements with external parties

Referring to the previous administration, the former UNPer alleged that China had bribed members of Parliament. MP Rajapakse questioned the rationale behind China providing computers to all members of Parliament and officials as well as jaunts to China.

Rajapakse said that Sri Lanka shouldn’t give in to Chinese strategies aimed at bringing Sri Lanka under its control. The former minister explained the threat posed by the growing Chinese presence including the Colombo Port City, a terminal in the Colombo harbour and at the Hambantota port.

 

 

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Sooka pushing UK for punitive action against Army Commander

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An outfit, led by Yasmin Sooka, a member of the UNSG Panel of Experts’ (PoE), has urged the UK to take punitive measures against the Commander of the Army, General Shavendra Silva, who is also the Chief of Defence Staff (CDS).

The Army headquarters told The Island that the matter had been brought to the notice of the relevant authorities. It said that it was all part of the ongoing well-funded campaign against the Sri Lankan military.

Issuing a statement from Johannesburg, the International Truth and Justice Project (ITJP) said it had compiled a 50-page dossier which it has submitted to the Sanctions Department of the UK’s Foreign, Commonwealth and Development Office on General Shavendra Silva. The Submission argues why Silva, who is Sri Lanka’s current Army Commander, should be designated under the United Kingdom’s Global Human Rights (GHR) Sanctions Regime established on 6 July 2020.

“We have an extensive archive of evidence on the final phase of the civil war in Sri Lanka, meticulously collected by international prosecutors and lawyers. The testimony of victims and witnesses – many now in the UK – was vital in informing this Submission, and making the linkages to Shavendra Silva and those under his command,” said the organisation’s executive director, Yasmin Sooka.

The ITJP Submission details Shavendra Silva’s role in the perpetration of alleged gross human rights violations including of the right to life when he was 58 Division Commander during the final phase of the civil war in 2009 in the north of Sri Lanka. It draws on searing eyewitness testimony from Tamils who survived the government shelling and bombing of hospitals and food queues in the so called No Fire Zones, many of whom now reside in the UK as refugees. The Submission also looks at Silva’s alleged involvement in torture and sexual violence, including rape, which is a priority area of the UK Government’s foreign policy.

“The US State Department designated Shavendra Silva in 2020 for his alleged role in the violations at the end of the war but the remit of the UK sanctions regime works is broader and includes his role in the shelling of hospitals and other protected civilian sites during the military offensive. This is important in terms of recognising the full extent of the violations, as well as supporting the US action,” commented Ms. Sooka. “UK designation would be another significant step forward in terms of accountability and would be in line with the recent UN Human Rights Council Resolution passed in Geneva for which Britain was the penholder,” she added.

Political will in applying the UK’s new sanctions regime to Sri Lanka was apparent in a recent parliamentary debate which saw 11 British parliamentarians ask why the UK government had not applied sanctions against Sri Lankan military figures, including Shavendra Silva, who was named six times in this context.”

 

 

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Ten lives snuffed out in road accidents during festive period

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Road accidents had snuffed out 10 lives during the Sinhala and Tamil New year, police spokesman DIG Ajith Rohana said yesterday, adding that 121 accidents had been reported on April 14 alone.

Twelve of the accidents took place on the Southern Expressway.

DIG Rohana also said that 758 drunk drivers had been arrested on April 14. He added that such drivers would not be released on police bail.

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