Why We all Oppose The New Constitution

Shouting coarse expressions in protest against the government seems to be the main task of the joint opposition led by former President, MP Mahinda Rajapaksa. A new constitution for the country was among the key promises of the Yahapalana government during election years and its impact was so powerful that even those who are least interested in the actions of the ruling circle are curious of its nature. Many hoped that the necessary reforms would be implemented during the initial years of the government.

The active public participation in the sessions held by the committee appointed by the government to seek public opinion on constitutional reforms is a good example in this regard.

There were many new proposals presented to the committee by intellectuals, civil society representatives and even government officials regarding issues like the electoral system, abolition of the Executive presidency and independence of the judiciary.

The Joint Opposition (JO) commented about their views on the new constitution. Criticisms against the proposed constitution were among the key slogans used by the joint opposition. Especially several MPs including MP Wimal Weerawansa have called the constitutional reform a “death trap.”

Constitutional reforms — a ‘death trap’

MP Prasanna Ranatunga

Throughout the election campaigns, the main theme of the government was the abolition of the Executive Presidency and introducing a new electoral system that could formulate a parliament accountable to people. Now they are talking about replacing the entire Constitution. The whole parliament has now been turned into a constitutional council. Now they are trying to amend the entire Constitution by using these initial promises as a scapegoat. For that, they have sought the opinion of the public.

These opinions have now been turned into a bill of recommendations. In it they have included the people’s opinions as well as their own. We cannot agree to some of these views. For example, one such proposal aims to give equal status to all religions. That was not something asked by the people in this country. So we cannot get on board with some proposals in this bill. We have no problem with the initial proposals of abolishing the Executive Presidency and bringing in electoral reforms. Other issues must be decided only after making these major changes.

Instead, the government is trying to implement their own agendas along with these major reforms. That is what we are objecting to. Both inside parliament as well as outside, we are calling this a “death trap”. We must raise the awareness of people about this issue. There are some issues raised by the secretary of our party Tissa Attanayake. Even if he is imprisoned, it is only going to prove his point. We must create a social dialogue about the Constitution, so that people could be more prepared. At least the government would start listening to the people’s voice. That is why we are calling this a constitutional death trap.

The government says that there is going to be a referendum for this issue. But still people do not know that much about this matter. How many people have given their opinion to the committee? We cannot consider it a referendum. That is why we are calling this a constitutional death trap.

Actually this is not something being done out of everyone’s intention. This is done only to please a specific faction. Further, in order to please them even more, another proposal has been made to increase the number of MPs by four more seats. There is no way we could support these proposals as there are questions as to on whose behalf the government is doing all these. Since there is no war at present, there are no refugees in this country. Now refugees from other countries are coming here. The government has boasted about helping the international community. We can understand how this helping is going on. We cannot let them do this. Now the Constitutional Council has been divided into sub committees to look into separate issues. And the main committee is only looking into major topics. We have proposed to first obtain the approval of the sub committees before deciding on such matters. Further, this bill must be put through a public referendum. The 225 MPs cannot decide on these matters. There are other issues that people have to approve. We are concerned as to how the government is planning to do this. Anyway, we are representing people. On their behalf, we object where we must do so.

Federal Constitution could split

Sri Lanka – MP Dinesh Gunawardena

We have continuously pointed out the danger of a federal constitution since it could separate the country. We are only agreeing with reforms that preserve the unitary status of the country. We have assumed that challenge.

We have done our best to promote the changes needed to be made to the constitution inside parliament and at the Constitutional Council. However, drafting a constitution is not easy. It is not an essay that a child writes.

We have informed the government that we are dedicated towards a unitary state. And our stance is not moving an inch away from it. We cannot agree to the proposals of the government and the TNA that is going to be detrimental to people in this country in the future. We cannot help the government in bringing in a federal constitution to divide the country.

Even though the government has appointed a specific group of stooges to go around the country to collect opinions of those whom they call “people”, it does not portray the people’s true opinion. This cannot be called a referendum.

It has not been carried out by people who have a suitable mindset. It is clear from the reports they have presented to parliament.

At present, we have taken steps to raise people’s awareness in promoting the unitary status of the country. We will continue to do so in the future.

Govt. wants a constitution according to its whims and fancies

MP Wasudeva Nanayakkara – Leader of the Leftist Front

I have taken part in the sub-committee for Fundamental Rights, Directive Principles and three other issues. We have a rough idea about the proposed constitution. It is something that a group including Ranil Wickremesinghe think is best to implement. Their experts have already drafted the principles and policies of this constitution. So far they have not said that it is finished. However, they want this to be created according to their whims and fancies.  When working as a constitutional council, parliament has to seek the opinions of all its members when needed. It’s the Operations Committee that takes the lead in this regard. The JO has sent two of its representatives to this committee since this parliament is where everything is decided. We have to see what issues the Operation Committee are discussing and what issues they have agreed upon. So parliament will be presented these proposals that unanimously were agreed upon. Finally they will be discussed in parliament and approved.

As far as we know, this constitution has several controversial issues that the Prime Minister has planned. Some of these issues are totally unacceptable. One such clause is the removal of the unitary status of the country and replacing it with a federal model. That is something that the international community has requested on behalf of the Tamils in the North.

Another is that the constitution intends to undermine the sovereignty of the country by binding us to international ties. We say that despite whatever agreements with the international community, we can only be bound by the law that is approved by parliament. But the Prime Minister is trying to trap the country by reducing its freedom to work beyond these international agreements. That is a clear invitation for the western countries to intervene in our affairs. We are strongly refusing such policies.

Also the government plans to give foreign companies and individuals the right to appropriate State land and properties. State land and properties belong to our people. It is unethical to make laws to allow them to be taken away by foreigners. We are against these moves. At present the government is trying to shove these three ideas into the constitution.

We are not calling this a “constitutional death trap”. It is something that MP Wimal Weerawansa uses. But we could suspect foul play based on these three issues. If these are implemented, it will destroy this country. In that sense, this could be a death trap. So far these proposals have not been made official. But we suspect they would come soon.

New constitution undoubtedly a pro-federal 

MP Udaya Gammanpila

Initially on January 9, the government said that instead of formulating a new constitution, they would move for constitutional amendments.

But now the UNP and the TNA are hell bent on brining in a new constitution. It is natural that these people would want a new constitution to achieve their agendas when they cannot do so within the structure of the existing constitution. TNA MP Sumanthiran has said that the government has promised them a federal solution. It has been confirmed by the NPC C. V. Vigneswaran on several occasions.

So we are sure that the coming constitution is going to be a federal one. Since the powers given by the 13th amendment are not enough for these people, they are searching for more.

After discussing matters among sub committees, they are sent to the Operations Committee. This committee is vested with the power to draft policies. Finally, they would be presented to the Constitutional Council.

So we are keeping a close watch on this process. These committees assemble from time to time. Some committees have been given dates to produce their reports. Certain individuals and organisations have been summoned by these committees for further clarifications. Whatever happens, we are representing the people’s interests.

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