{"id":41252,"date":"2015-05-09T00:24:13","date_gmt":"2015-05-09T04:24:13","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=41252"},"modified":"2015-05-09T00:24:13","modified_gmt":"2015-05-09T04:24:13","slug":"does-the-19th-constitutional-amendment-meaningfully-benefit-the-people","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=41252","title":{"rendered":"Does the 19th Constitutional Amendment Meaningfully Benefit the People?"},"content":{"rendered":"

By<\/p>\n

Rasika Jayakody<\/strong><\/p>\n

Those who make history have a place in it by right.<\/p>\n

Many dubbed the 19th Amendment as a historic step in the process of democratization and ensuring good government. When the country’s legislature passed the constitutional amendment with an overwhelming majority of 2012 votes, the media said, “Parliament created history.”<\/p>\n

One might say that the ‘history’ would pay tribute to every Member of Parliament who voted in favour of the Amendment and became ‘stakeholders’ of this exercise. But, there were some people who played ‘behind-the-scene’ roles without exposing themselves to the public spotlight or media fanfare.<\/p>\n

Dr. Jayampathy Wickramaratne was one of them.<\/p>\n

Wickramaratne was the “craftsman” of the much talked about 19th Amendment to the constitution as he, along with two other prominent lawyers, worked laboriously to draft the constitutional amendment before its passage in Parliament. Extensive discussions were taking place between the government and the opposition before the vote on the 19th Amendment and Wickramaratne too had to sit with them to share his knowledge and opinion. After a tough and exhausting battle, the amendment was passed in Parliament with some last minute changes.<\/p>\n

<\/p>\n

Wickramaratne, like many other civil society activists who were instrumental in bringing about a change in the country’s political stratosphere, is optimistic about the amendment, despite last minute dilutions. However, he is of the view that the public should be made aware of the advantages of the 19th Amendment, purely from a people-centric perspective.<\/p>\n

“The people of this country formed a driving force in this entire process. Nearly 14,000 people protested opposite the Parliament urging political parties to support the 19th Amendment. They weren’t backed by any proxy groups. The majority were citizens who were very concerned about the future of Sri Lanka and the process of democratization. It was a very positive and inspiring development,” the constitutional law expert told the Daily News last week.
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\nDr. Jayampathy Wickramaratne<\/p>\n

“But, it is also important to analyze the way it affects day-to-day lives of the people,” he said adding that the citizenry, as a whole, is at the receiving end of the benefits created by the constitutional amendment which came at an important juncture in the country’s political history.<\/p>\n

The constitutional expert says the term “democratic space” is at the centre of the 19th Amendment to the constitution.<\/p>\n

Democratic space<\/strong><\/p>\n

“The Amendment,” Wickramaratne said, “gives the people of Sri Lanka the democratic space which they could not enjoy for the last 10 years, under the administration of former President Mahinda Rajapaksa.<\/p>\n

“With the introduction of the 1978 constitution, Sri Lanka’s democratic space shrunk in an alarming way. It intensified over the last five years of the Rajapaksa administration as the government was characterized with suppression and intimidation. That is why the civil society, political and human rights activists, political organizations and intellectuals came forward to change the system at the last presidential election and their initiative has produced results – at least to a certain extent – with the passage of the 19th Amendment in Parliament,” the constitutional expert explained.<\/p>\n

Sri Lanka experienced two instances where constitutional measures were taken to curtail the power of the Executive President who wielded enormous power over every aspect of the society. One was the 13th Amendment to the constitution which was introduced as a ‘remedy’ to the North-East problem of Sri Lanka. Although the 13th Amendment – which went to the extent of devolving land and police powers to the provinces – was not fully implemented, it curtailed certain powers wielded by the Executive and the central government to some degree.<\/p>\n

The 17th Amendment to the constitution, which was unanimously passed in Parliament, was another instance where the legislature attempted to curtail the excessive powers of the Executive President while depoliticizing the country’s system of governance. Even though the 17th Amendment was commended by many quarters as a progressive step in the direction of democratization, it was “undone” when former President Rajapaksa introduced the 18th Amendment as he started his second term in office.<\/p>\n

“There was unprecedented suppression in the aftermath of the 18th Amendment. We all felt it. We feared that our telephones were being tapped. I did not open the door of my house after 6.30 pm. There were many people who underwent the same pressure. There was fear psychosis among everyone, including those who were involved in politics. People were scared to voice their opinion. Journalists were scared to express their independent views” Wickramaratne said.<\/p>\n

Hybrid system<\/strong><\/p>\n

“When President Sirisena came to power, no one felt the pressure of the Executive Presidency as he did not act as an all-powerful Executive President. He worked in hand in hand with the Prime Minister. It was a form of “hybrid system” where the President and the Prime Minister worked together within the framework of a national unity government. But, ‘good governance’ cannot depend on individuals. There should be constitutional provisions to ensure good governance and that was why the 19th Amendment was introduced. With the passage of the 19th Amendment, the country’s legislature has blocked the path to ‘absolute power.’ Democratization benefits the country’s citizenry in multiple ways,” he added.<\/p>\n

However, the idea of a fully independent Constitutional Council was shot down by political parties of the opposition at the 11th hour. The government had to compromise its position over the Constitutional Council when the SLFP said they would withdraw from the government if the government did not agree to appoint a constitutional council comprising of Parliamentarian. In the end all parties settled for a Council that is comprising of seven Parliamentarians and three independent civil society members.
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\nFurther reforms necessary<\/strong><\/p>\n

“Although there was dilution at the last moment, this can be considered as a step in the right direction. We need further reforms and both parties have openly stated that they are for broader constitutional reforms. This was emphasized in the speeches made by the Prime Minister and the Opposition Leader. Therefore, constitutional reforms will be a key point in the election manifestos of both parties, when they join the electoral fray in a few weeks. So, that will give an opportunity for the people to elect the party promising broader and more meaningful reforms,” Wickraramaratne said.<\/p>\n

“Every commission that will be set up under the 19th Amendment,” he said, ” will benefit the common man in one way or another. But, one important commission is the National Police Commission. There was a time when the National Police Commission was efficient and independent. As a result of the National Police Commission, the Police Department too had some protection to carry out their duties in an independent and impartial manner. On the other hand, the public too had a go-to place in the face of injustices. With the re-establishment of the Police Commission, we think there will be better relations between the public and the Police Department.<\/p>\n

The Public Services Commission will also benefit the ordinary citizens in numerous ways. When the Commission is set up, the public servants can carry out their duties without any fear of political transfers or political pressure. That will set the platform for an independent and strong public service,” the legal expert said.<\/p>\n

The Human Rights Commission,” he added, “did not look like an independent body over the past few years. The conduct of some of its member came under criticism over their independence and questionable affiliations. A strong and independent Human Rights Commission will act as a mediator to preserve the human rights of ordinary citizens.”<\/p>\n

The National Procurement Commission<\/strong><\/p>\n

The National Procurement Commission is also another important establishment coming under the 19th Amendment to the constitution. It made inroads into the final document following a suggestion made by former President Chandrika Bandaranaike Kumaratunga who was part of the ‘campaign of the ‘Common Opposition’ from the outset. “The National Procurement Commission will streamline tender procedures and ensure checks and balances. Even in the case of unsolicited tenders, it will ensure transparency in the process. During recent years, unsolicited tenders became the norm rather than exception. Although the commission will not get involved in tender procedures, it will set guidelines for relevant bodies to follow,” Wickramaratne explained.<\/p>\n

The other important element in the constitutional amendment was the Right to Information which was anathema to some top echelons of previous administrations. Even though the election promise was only to introduce Right to Information, the 19th Amendment went another step forward by making it a fundamental right of all citizens. Wickramaratne, a strong advocate of democracy, dubbed this as a very progressive step. With this, he added, the people get their right to know as to how they are governed, how their money is being spent and how decisions concerning them are taken.<\/p>\n

That will, eventually, allow them to consolidate their power as citizens to become masters of their own fate.
\n
\nCourtesy:Daily News<\/em><\/p>\n

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By Rasika Jayakody Those who make history have a place in it by right. Many dubbed the 19th Amendment as a historic step in the process of democratization and ensuring good government. When the country’s legislature passed the constitutional amendment with an overwhelming majority of 2012 votes, the media said, “Parliament created history.” One might …<\/p>\n

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