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Time has come for President to delivered on his promises: Karu J
The time has come for the President to deliver on his recent promises, Mr. Karu Jayasuriya, Chairman of the National Movement for Social Justice (NMSJ), said at a news conference last week.
He stressed at the inception that “We are not expressing these views with the intention of either
overthrowing the government or coming into power. Instead, we state these views as it is our duty as citizens and as an organization to intervene in matters that affect the country and are important to the common good.”
In the course of his address Jayasuriya expressed support for a new constitution saying that the legislature needed to be strengthened and there was a need for a new constitution. But the drafting process must be properly done with expert input and respect for constitution making traditions.
Commenting on the speech made by President Rajapaksa at the army’s 72nd anniversary, he said if what was said there are fulfilled, NMSJ believed that he will be able to take the country forward and earn the respect of our society by fulfilling the wishes of the people even if delayed.
It is commendable that the president has admitted that there have been shortcomings in the last two years. During his recent meeting with the UN Secretary-General, Rajapaksa had assured he would not only establish democracy but would also protect human rights in our country.
“Now it is his job to fulfill those promises,” Jayasuriya said.
Commenting on the president’s assurance that a new Constitution and a new electoral system will be introduced to the country within the next year, he described this as “a very important and crucial announcement that will have a profound effect on this country.”
He added: “It is also commendable that he finally understands how democracy in the country has been destroyed by the adoption of the 20th Amendment which further strengthened the executive presidency.”
Saying that the vast majority of the country’s population today do not accept the current Constitution based on the executive presidency, it’s good that the president also now understands the need for a new Constitution.
He further said:
The character of this country, i.e. its sovereignty, the nature of the sovereignty of the people, social freedoms and rights as well as the independence of the judiciary, is determined by the Constitution.
NMSJ has continuously advocated the need for a new Constitution on the basis that the legislature should be strengthened.
Constitutional reform must be undertaken for the common good, with honest intentions and without ulterior motives. Those those who lead the drafting must have a high level of knowledge on legislative and constitutional traditions and these must be safeguarded. Drafting must ensure citizens’ participation and previous wrongs not repeated.
The first thing that needs to be done is to identify the basic principles on which the Constitution is to be drafted and to reach a consensus on those principles. Also, the document containing those principles should be published in advance to make the public aware of what is being proposed and discussions on drafting a new constitution based on those principles should begin only then. The new Constitution proposed must be subject to the approval of the Supreme Court.
Although, the president has once more claimed “One Country, One Law,” at present there appears to be no such policy. Those who destroyed King Buwanekabahu’s royal court are now at large holding responsible positions. Even those sentenced to death by the courts for serious crimes have been pardoned by the president. Ministers are even able to forcefully enter prisons and issue death threats to inmates. These are serious incidents.
The first thing to be done is to set an example to the country by enforcing the law in relation to such incidents and we request the authorities to do so. In a situation where death row inmates are being pardoned, we believe that the future of a popular artist like Ranjan Ramanayake must not be ruined. Justice should be delivered to Ramanayake at least now. These incidents suggested government is following two policies instead of one.
At the same time, there are serious doubts as to how the law is being enforced in relation to the Easter Sunday attack. It is a very dangerous situation. That suspicion will remain until all those who directed and supported the attack are punished. Even the Catholic Church in this country has raised its doubts. We also request the government to fully disclose the report of the Presidential Commission which, we believe, will help to dispel any doubts. Do not let this issue continue further.
We also feel that holding on to the Upali Abeyratne Commission report, which gave malicious decisions that ridicules the judiciary and the country, is a disgrace. These days there is also talk in political circles of holding provincial council and local government elections. Prior to that, the election commission and other commissions must be freed from the rampant politicization.
It is also alleged that a plan is being discussed to distribute state resources to the advantage of the ruling party during the election period. Allegations are leveled regarding an attempt to hand over the national wealth of the country in the name of rural development to political activists who are not representatives of the people. This should not be allowed. The whole country must stand up against it.
According to the reports we have received, it seems that there has been a major collapse in the country’s agriculture sector. If immediate action is not taken in this regard, a famine could occur in the country in the future. Although the use of organic fertilizer is a very valuable decision, no country in the world has done it immediately and successfully. Experts in the field are of the opinion that it should be done according to a five-year plan.
The government should keep in mind that the prices of essential commodities such as flour, sugar, gas and cement severely affects the masses. If immediate steps are not taken to strengthen the country’s economy, improve the living standards of the people and reduce the cost of living, mass protests may take place in the country.
The people of our country often hand over power and appoint rulers with the hope they will work for their welfare. Instead, whenever the government tries to oppress the people by plundering the national wealth of the country, the people who put them in power will eventually rise up against it. This is a universal reality. The fate of the rulers who do not understand this is often unfortunate. Therefore, the rulers of this country need to understand this at least now.
We are pleased that Sri Lanka has made great strides with regard to controlling the Covid-19 pandemic as well as its inoculation drive. We would like to express our gratitude and pay our respect to all those who have dedicated themselves to this cause.
Jayasuriya concluded by saying NMSJ hoped that the views and suggestions that it had made with good intentions will be brought to the attention of the president and the government.
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GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
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