{"id":110715,"date":"2021-01-15T17:26:28","date_gmt":"2021-01-16T00:26:28","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=110715"},"modified":"2021-01-15T17:26:28","modified_gmt":"2021-01-16T00:26:28","slug":"an-opportunity-for-a-reformist-constitution-to-take-sri-lanka-forward","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/01\/15\/an-opportunity-for-a-reformist-constitution-to-take-sri-lanka-forward\/","title":{"rendered":"An opportunity for a reformist Constitution to take Sri Lanka forward"},"content":{"rendered":"

By Raj Gonsalkorale<\/em><\/span><\/h2>\n\n\n

The\nwords of Abraham Lincoln to honour the soldiers that sacrificed their lives in\norder<\/em> that government of the people, by the people, for the\npeople, shall not perish from the earth\u201d<\/em> were spoken at Gettysburg, but\nthese words apply as well to the countless soldiers that died for the cause of\ndemocracy in the following 150 years.<\/em><\/em><\/strong><\/p>\n\n\n\n

Barend\nter Haar, Senior Research Associate writing in Clingendael<\/em><\/strong> (https:\/\/www.clingendael.org\/publication\/government-people-people-people<\/a>) says obviously, if politicians believe that\nvoters cannot be trusted with the truth, democracy is seriously at risk. For a\ndemocracy to function it is essential that a government respects the people and\ntakes them seriously, not only those that have voted for that government, but\nall people. Furthermore, in order to exercise their democratic rights properly,\npeople should be informed as fully as possible. Democracy is a form of conflict\nmanagement within states, just as diplomacy is a form of conflict management\nbetween states. Both therefore usually lead to a compromise between different\nviews and different perceived interests. That is certainly the case when a\ndecision requires both agreement between and within states\u201d.<\/p>\n\n\n\n

This\nrings very true in Sri Lanka (as it is no doubt in many other countries) where\npeople matter only to the extent of getting their vote and then to be forgotten\ntill the next occasion to seek their vote. Once in power, a government does not\nseem to function as a government for all people but only for those who voted in\nthe government. The Opposition too functions as if their task is to oppose\neverything and anything that a government does without any constructive\nengagement with the government.<\/p>\n\n\n\n

Formulation\nof a new Constitution has been listed as a priority item by the current\ngovernment and a committee has been appointed to formulate a draft after public\nsubmissions and consultations. The haste to draft a document leaves one with\nthe feeling that a draft has already been developed and what is proceeding is\nonly a formality and an intent to fine tune what has already been drafted.<\/p>\n\n\n\n

If\nthis is the case, it is an opportunity lost to give thought to whether the\ncountry should look towards a different and more visionary model that will\nbetter address what democracy means and should mean to the current generation\nand for generations to come. <\/p>\n\n\n\n

A\nnew constitution should overcome the imaginary notions that exist about\nrepresentative democracy and where it is held that voters are supreme and the\nparliamentarians are their servants. There is the false premise that\nparliamentarians represent the interests of those who vote them into\nParliament. The present system of electing them on a district list basis based\non the 1978 constitution bears no link to a voter\u2019s expectation of\nrepresentation, in particular, once an election is over. A consultation process\ndoes not exist to elicit the views of the ordinary folks of the country and\nmajor decisions are taken binding the present generation and generations to\ncome.  <\/p>\n\n\n\n

Leaving\nthe COVID pandemic aside, the major economic and political decisions taken by\nsuccessive governments since independence in 1948 cannot be classed as ones\ntaken in consultation with the voters. The economic situation of the country\nwas perilous before COVID and the constantly simmering, unsolved inter communal\nissues have become issues due to lack of a genuine consultative process. Power\nbrokers on all sides have made this an issue and kept it going as an issue.<\/p>\n\n\n\n

Besides\nthis, the constitutions of political parties have not afforded an opportunity\nfor members of political parties to have a voice in who should be considered to\nstand for election. Party heavy weights decided on candidates and party heavy weights\nbasically ran governments. The voter was effectively the cartoon character Punchi\nSingho\u201d depicted in W R Wijesoma\u2019s famous cartoons. A helpless individual who\nhad his day once in 5 or 6 years when those seeking his vote came to him with\nbetel leaves and garlands, and plenty of promises, and then ignored him for the\nnext 5 or 6 years.<\/p>\n\n\n\n

This\nis the opportunity to introduce a new governance mechanism which must bring\npeople closer to the decision making process, and through such a process, make\nthem shareholders of the process and the outcomes.<\/p>\n\n\n\n

In\nthe life of the Punchi Singho\u2019s and Podi Menike\u2019s in the country, their life\u2019s\npriorities are not about what happens to Donald Trump, Vladimir Putin or Xi\nJing Ping. Much of their concerns are about a roof over their heads, the health\nand education of their family, and how they are going to earn enough money to\nlive. They encounter problems with basic public services and often they find\nminor issues becoming insurmountable ones due to the indifference of public\nofficials. This is where their elected representatives matter to them and where\nthey need their interventions to address issues that are important to\nthem.  <\/p>\n\n\n\n

A\nstrong local government system should therefore underpin the country\u2019s\ngovernance structure. Voters should be able to directly elect their\nrepresentatives irrespective of whether they belong to a political party or\nnot. Municipal Councils, Urban Councils, and the Pradeshiya Sabha system must\nplay a more active role as they are the entities that are closest to the people.\nThese entities need to be better funded and provided with resources to ensure\nservices are being delivered to the people they serve. Greater participation by\nthe public in meetings of these entities would enable their views to be heard\nby policy makers at national level, and it will also afford an opportunity for\nnational politicians to convey information direct to the people through these\nentities.<\/strong><\/p>\n\n\n\n

Provincial\ncouncils<\/strong><\/p>\n\n\n\n

There\nis much debate about the need and the future of provincial councils. It is true\nthey were introduced at the behest of the Indian government in 1987 as a means\nof addressing political issues that had turned violent. Those who oppose them\nshould ask the question whether the political issues have been addressed and\nwhether or how the provincial council system has assisted in addressing them.\nIf they are to continue, the structure and functions perhaps could change, with\nprovincial councils becoming centres for discussing and deliberating matters\nthat are of common interest to local government entities within each province. <\/p>\n\n\n\n

Such\nmeetings could be held periodically, say, bi annually (or as determined), and decisions\narrived at to be acted upon by provincial administrations. Each council could\nconsist of all heads of local government entities, who are already elected by\nthe voters in each such entity. It does not and will not serve any purpose to\nhave another set of elected officials at provincial level if the above\nmentioned model becomes functional. The need for provincial chief ministers and\nministers would become superfluous in such a situation as implementation of\nconclusions arrived at during Council meetings would become and administrative\ntask and therefore the responsibility of the provincial administration.<\/p>\n\n\n\n

The\nprovincial council system should be about administrative devolution as services\nare delivered to people through an efficient and effective administrative\nservice and not through political devolution. \n<\/p>\n\n\n\n

If\nthis principle is accepted, then the number of councils may have to be\nincreased marginally to adjust a geographical area that has a large population\nand many local government entities. If the principle of governance being\nservice to the people, is the basic objective that needs to be pursued,\nprovincial boundaries will need to be re demarcated so that there is a more\nequitable population distribution amongst provinces.<\/p>\n\n\n\n

A\nprovincial governor will perform a useful task as this office will be the link\nto the central government on matters that need to be dealt with at a high\npolitical level.  <\/p>\n\n\n\n

Central\ngovernment<\/strong><\/p>\n\n\n\n

A\nstrong local government system should negate the need for a large National\nParliament and if one is serious about reform and new thinking in constitution\ndrafting, the number of Parliamentarians should be  reduced to a maximum of 150 members of\nParliament who could be directly elected by the people, but on the basis that\nthe successful candidate obtains more than 50% of the vote in the revised\nelectorates.<\/p>\n\n\n\n

The\ncurrent system of proportional representation and the previous first past the\npost system it replaced, does not give a fair and equal opportunity for\nminorities to be heard and represented in Parliament and this is an area that\nneeds to change if constitutional reform is the goal. <\/p>\n\n\n\n

A\npossible way to address this might be to have an equal number of Parliamentarians\nbeing elected from within each province irrespective of the population in each\nprovince. The number of provincial councils could be increased to say 10\ncouncils by redrawing boundaries and 15 members of Parliament being elected\nfrom each council. Although not perfect, it would offer a better opportunity\nfor greater minority representation in the National Parliament.<\/p>\n\n\n\n

Under\nthis proposed system, there will be potential for minority group representation\nto increase to 30-35% of the National Parliament, and therefore to become a\nstronger and more inclusive voice in it and in formulation of policy. <\/p>\n\n\n\n

The\nmembers of Parliament from each province should attend the bi annual (or\notherwise determined) Council meetings and function as the political link between\nthe local government entities and the National Parliament.<\/p>\n\n\n\n

If\ngenuine political devolution is to be addressed, it could be done by requiring\nkey Parliamentary Bills such as the National Budget requiring the approval of\neach provincial council within a given time frame. This would give an\nopportunity for the local government system which represents people at the\ngrass roots level, to submit their views and suggestions to the National\nParliament for their consideration and adoption. Currently, no such avenue\nexists for people to exercise their democratic rights.<\/p>\n\n\n\n

Female\nrepresentation<\/strong><\/p>\n\n\n\n

Another\nimportant reformist constitution revision should be about female representation\nat local government level as well as at national level. With more than 51% of\nthe country\u2019s population being female, it has to make sense that all elected\nbodies including the national parliament should have at least a 50%\nrepresentation by females. <\/p>\n\n\n\n

Cabinet\nof Ministers<\/strong><\/p>\n\n\n\n

One\nof the most reformist changes that could take place in the new Constitution and\nwhich requires county before self, and guts, is to limit the number of\nministers to 15, and even more drastically, select capable, competent\nindividuals from outside of the Parliament as ministers. Ministers so selected\nwill have be responsible to the Parliament and should act on policies\nintroduced by the Parliament. The only exception should be in respect of\ndefence where the President of the country should be responsible for defence and\nwith the Armed Forces reporting to him or her.<\/p>\n\n\n\n

The\nPresident and the Prime Minister<\/strong><\/p>\n\n\n\n

It\nreally does not make sense to have a separately elected President with\nExecutive Powers and a Prime Minister without such powers. Neither is it\nsensible for both to have executive powers. It also does not make sense to have\nthe President as the head of the cabinet and have a Prime Minister who is not.<\/p>\n\n\n\n

In\nthe conceptual model proposed here, the powers and responsibilities of the\nPresidency and the Prime Ministership could be reviewed and a clearer\ndistinction made as to what each office is responsible for. <\/p>\n\n\n\n

If\nthe proposal to appoint ministers from outside the Parliament is accepted, the\nPrime Minister too could be so appointed, and made responsible for carrying out\nthe policy agenda of the Parliament along with the 15 ministers proposed. The\nPrime Minister then will be the head of the cabinet.<\/p>\n\n\n\n

The\nPresident could be elected by the people based on a policy agenda that he or\nshe presents to the people and which must then be approved by the National\nParliament.  The Presidents executive\npowers could then be exercised to ensure the Prime Minister and the national\ncabinet carries out the policy agenda presented to the people during a\npresidential election and subsequently approved by the Parliament.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Raj Gonsalkorale The words of Abraham Lincoln to honour the soldiers that sacrificed their lives in order that government of the people, by the people, for the people, shall not perish from the earth\u201d were spoken at Gettysburg, but these words apply as well to the countless soldiers that died for the cause of democracy in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[172],"tags":[],"class_list":["post-110715","post","type-post","status-publish","format-standard","hentry","category-raj-gonsalkorale"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/110715","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=110715"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/110715\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=110715"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=110715"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=110715"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}