{"id":55305,"date":"2016-06-04T23:00:40","date_gmt":"2016-06-05T05:00:40","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=55305"},"modified":"2016-06-05T06:41:22","modified_gmt":"2016-06-05T13:41:22","slug":"betrayal-of-the-sinhala-buddhists-1815-betrayal-being-re-enacted-by-new-constitutional-reforms","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2016\/06\/04\/betrayal-of-the-sinhala-buddhists-1815-betrayal-being-re-enacted-by-new-constitutional-reforms\/","title":{"rendered":"Betrayal of the Sinhala Buddhists : 1815 betrayal being re-enacted by new constitutional reforms"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em><strong>Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n<p>In 1815 a selfish set of Chieftans handed over the Sinhale nation to the British. Within no time these chieftans became sidelined and the white-masters began rule over the servants using sepoys and lascoreens who were ready to betray their own for titles and perks. The whites left in 1948 but they kept their dna through Uncle Tom\u2019s and aunt Sally\u2019s. Today, what the Christian colonial invaders could not achieve in over 400 years of illegal occupation their faithful-sepoys are happy to deliver to them through a new constitution. Every line and recommendation apart from a handful echoes attempts to remove the history and heritage of the Sinhala Buddhists who built this nation. This fa\u00e7ade of reconciliation bogey cannot wipe out a history over 2600 years. The minority card is being used to take every bit of Sinhala Buddhist ownership and hand it over to the minorities with whom any agenda devoid of national interest is game. It was the Sinhala Buddhists and only a handful of Malays, some Sinhala Christians, a set of Tamils fearing rebuttal by their own who came forward to defend the nation against terrorism and division. Their due place can\u2019t be wiped out by constitutional proposals.<\/p>\n<p>The Committee claims its aim are two fold \u2013 to bring out accurately and fairly the representations of the people and justifications for those submissions as well as to give recommendations based on analysis of what has\u00a0 been received and on the committees \u2018own political, professional and disciplinary expertise\u2019.<\/p>\n<p><a href=\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2016\/05\/PRC-Report-English-Final.pdf\">https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2016\/05\/PRC-Report-English-Final.pdf<\/a><\/p>\n<p>Of the 20 member committee<\/p>\n<ul>\n<li>6 lawyers \u2013 Lal Wijenayake, Kushan de Alwis, N Selvakkumaran, Sunil Jayaratne, M Y M Faiz, Kanthi Ranasinghe<\/li>\n<li>3 politicians \u2013 Faiz Mustapha (who has not put his name to any proposal obviously leaving room to disagree or agree as he feels fit) S. Thavarajah former Leader of Opposition NPC, Themiya Hurulle<\/li>\n<li>5 Background of political science \u2013 Prof. Gamini Samaranayake, Prof. Navaratna Bandara, M L A Cader, Upul Abeyratne, Nadeeka Damayanthi<\/li>\n<li>2 Lecturers in sociology \u2013 Harini Amarasuriya, Kumudu Kusum Kumara<\/li>\n<li>1 Lecturer in Economics \u2013 S Wijesandiran<\/li>\n<li>1 Retired public officials \u2013 Winston Pathiraja<\/li>\n<li>1 Civil society Activist \u2013 Elankovan<\/li>\n<li>1 Political activist \u2013 Sirimasiri Hapuarachchi<\/li>\n<\/ul>\n<p>3 Muslims, 4 Tamils (noteworthy is to go through the proposals by the Tamil members. The proposals are not national-minded but only pushing for the aspirations of Tamils) The only sensible proposals have come from attorney Kushan de Alwis though none of the members have defended the Sinhalese rights or put forward the Sinhala Buddhist grievances when they make a clear majority in Sri Lanka. Nothing has been said about the contribution of the Sinhala Buddhists who built this nation. There is not a well to showcase of other ethnic groups even having a civilization to claim as homeland. The centuries of past is being totally ignored so too are the systems that prevails \u2013 Buddhist economics, the strategy and diplomatic policies of the Sinhale kings, the eastern dharmic cultures, Sri Lanka is known as mathrubhoomiya where the mother always had first place, it was only after the gun trotting West came that the male\u2019s dominated the world. These factors have all been sidelined and the committee are proposing that we stick to the Western rules and norms totally ignoring and erasing our proud past.<\/p>\n<p>This constitution appears to be an exercise to remove the historical place of the Sinhala Buddhists and transfer all powers to the minorities as return of favour for support to come into power and for the fulfilment of future agendas<\/p>\n<table width=\"633\">\n<tbody>\n<tr>\n<td colspan=\"2\" width=\"633\"><strong>THE NATIONAL FLAG, NATIONAL ANTHEM AND CITIZENSHIP<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini Amarasuriya; A.M.Navaratna Bandara; S.C.C Elankovan; Kumud uKusum Kumara; N. Selvakkumaran;\u00a0 S. Vijesandiran<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">To <strong>design a new national flag<\/strong> keeping in line with the recommendation for a secular State and representing Sri Lankan collective life <strong>without reference to ethnicity<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S. Thavarajah<\/td>\n<td width=\"425\">To <strong>design a new flag symbolizing the equality of all ethnic groups<\/strong> and peace and harmony amongst them<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne; M.L.A. Cader; Kushan D\u2019Alwis P.C; M.K Nadeeka Damayanthi; M. Y.M. Faiz; Sunil Jayaratna; Sirimasiri Hapuarachchi; Themiya L.B. Hurulle; Kanthie Ranasinghe; Winston Pathiraja; Lal Wijenayake<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\"><strong>Keep the flag as it is without any change <\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis P.C<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Consider the clause on the National Anthem formulated in the Constitution Bill of 2004<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">UpulA beyrathne; Harini Amarasuriya; A.M. Navaratna Bandara; M.L.A Cader; M.K.Nadeeka Damayanthi; S.C.C Elangkovan; M.Y.M Faiz; Sirimasiri Hapuarachchi; Sunil Jayaratna; Kumudu Kusum Kumara; Kanthie Ranasinghe; Winston Pathiraja; N. Selvakkumaran; S. Thavarajah; S. Vijesandiran; Lal Wijenayake<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Consider the clause on the National Anthem formulated in the Constitution Bill of 2000 while recognising the right to sing it in Sinhala and\/or Tamil<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>BUDDHISM <\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>Kushan D\u2019 Alwis P.C; M.K Nadeeka Damayanthi<\/strong><\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\"><strong>Retain Article 9 (Chapter II) of the current Constitution with no change (foremost place to Buddhism)<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Themiya L. B. Hurulle; Winston Pathiraja<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">H<strong>eading of Chapter II of the current Constitution should state \u2018Religions\u2019 and not Buddhism <\/strong>and retain Article 9 as it is with no change<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">UpulA beyrathne; M.L.A. Cader; Lal Wijenayake; Sirimasiri Hapuarachchi; Sunil Jayaratna<\/td>\n<td width=\"425\"><strong>Reformulate Article 9 of the current Constitution<\/strong>: The Republic of Sri Lanka shall give <strong>all religions equal status.<\/strong>\u00a0 The State shall protect and foster Buddhism and the Buddha S\u0101sana while assuring to all religions the rights granted by Articles 10 and 14(1) e of the current Constitution<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini Amarasuriya; S.C.C. Elankovan; Kumudu Kusum Kumara; Kanthi Ranasinghe; N. Selvakkumaran<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Sri Lanka shall be a <strong>secular State<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">A.M Navaratna Bandara<\/td>\n<td width=\"425\">Sri Lanka shall be a secular State while recognising the role of religion in the spiritual development of people<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>S. Thavarajah; S. Vijesandiran<\/strong><\/td>\n<td width=\"425\">Heading of Chapter II of the current Constitution should State \u2018Religions\u2019.\u00a0 The clause should be revised as follows<strong>: The Republic of Sri Lanka will give all religions equal status\u201d<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td colspan=\"2\" width=\"633\"><strong>NATURE OF THE STATE<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini Amarasuriya; A.M.Navaratna Bandara; M.L.A. Cader; M.Y.M Faiz; Sirimasir iHapuarachchi; Kumudu Kusum Kumara (as a compromise from federal position); Kanthie Ranasinghe; N. Selvakkumaran; S. Thavarajah (as a compromise from federal position); S. Vijesandiran (as a compromise from federal position)<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Sri Lanka shall be one, independent, free, sovereign Republic consisting of governmental organs* as provided in the Constitution\u00a0 and the State shall safeguard the independence, sovereignty, <strong>unity <\/strong>and territorial integrity of the Republic and shall promote and preserve peace and harmony among various people of the country while <strong>promoting a Sri Lankan identity<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathna; M.K. Nadeeka Damayanthi;Themiya L.B. Hurulle;\u00a0 Sunil Jayaratna; Winston Pathiraja; Lal Wijenayake<\/td>\n<td width=\"425\">The Republic of Sri Lanka shall be an independent, free, sovereign, unitary State consisting of governmental organs* as provided in the Constitution\u00a0 and it shall promote and preserve peace and harmony among various peoples of the country while promoting a Sri Lankan identity.\u00a0 For the purpose of this article, the Unitary State means an undivided country with multi-tier governance systems<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>Kushan D\u2019 Alwis, P.C<\/strong><\/td>\n<td width=\"425\"><strong>Article 2 of the present Constitution should be retained without change.\u00a0 Namely: The Republic of Sri Lanka is a Unitary State\u201d<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>FORMS &amp; TIERS OF GOVERNMENT<\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">UpulA beyrathne; Kushan D\u2019 Alwis, P.C;\u00a0 Harini Amarasuriya;\u00a0 M. Faiz;\u00a0 Themiya Hurulle;\u00a0\u00a0 KumuduKusum Kumara; Winston Pathiraja; N. Selvakkumaran; Thavarajah;\u00a0 S. Vijesandiran; Lal Wijenayake<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">\u00a0<strong>The Westminster form of government should be implemented<\/strong> at the national and provincial levels.\u00a0 When parliament is dissolved, there should be a caretaker government until the new government is appointed<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">A.M.Navaratna Bandara; M.K.Nadeeka Damayanthi; S.C.C Elankovan; Sirimasiri Hapuarachchi; Sunil Jayaratna; Kanthie Ranasinghe<\/td>\n<td width=\"425\">An Executive Committee system should be implemented below the central government level<\/p>\n<p>a. Some have proposed this system to be followed at the provincial level, as well as at the local government level. b. Some have recommended this form of government only to be followed at local government level.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">M.K. Nadeeka Damayanthi; N.Selvakkumaran<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">The <strong>President shall be the titular Head of the State<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne; M.Y.M Faiz; Kanthie Ranasinghe; S. Thavarajah; <strong>Lal Wijenayake<\/strong><\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\"><strong>national interests and minority interests in line with the principles embodied in the constitution<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini\u00a0 Amarasuriya; Sunil Jayaratna; Kumudu Kusum Kumara; S. Vijesandiran<\/td>\n<td width=\"425\">The <strong>President shall be the Head of the State and Commander in Chief of the Armed Forces.<\/strong> The President shall be elected by popular vote and have powers specified by the Constitution.\u00a0 This should include <strong>powers to intervene in instances of threats to national security, national interests and minority interests<\/strong> in accordance with the principles of the constitution<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Sunil Jayaratna; S.Thavarajah; Winston Pathiraja; Lal Wijenayake<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">There shall be a <strong>Vice President elected through an electoral college <\/strong>whose powers will be specified by the Constitution.\u00a0 The Vice-President will be from a community that is different to that of the President<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne; Harini Amarasuriya;M.K. Nadeeka Damayanthi; M.Y.M Faiz; Kumudu Kusum Kumara; N.Selvakkumaran; S.Vijesandiran<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Some committee members, however, were of the view that there was no need for creating this post.\u00a0 Instead, since the <strong>rationale behind creating this post was mainly fuelled by the desire for greater protection and representation of the minority communities<\/strong>, strong measures should be ensured for the protection and representation of minorities in the Constitution<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Unanimous agreement<\/td>\n<td width=\"425\">There shall be 3 tiers of government:<\/p>\n<p>National, Provincial or Regional and Local Government. Local Government shall be made the next tier of devolution after the Province or Region<\/p>\n<p>The role, powers and functions of local government should be expanded and empowered to make them effective institutions based on the following principles:<\/p>\n<p>(a)Closest level of people\u2019s sovereignty<\/p>\n<p>(b) Local democracy<\/p>\n<p>(c) Local development<\/p>\n<p>(d) Citizen participation in governance<\/p>\n<p>(e) Inclusive democracy (Inclusion of marginalized \/ interest groups &amp; communities)<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>POWER SHARING<\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">M.L.A Cader; M.K Nadeeka Damayanthi, S.C.C Elankovan and Kumudu Kusum Kumara<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">The Committee recommends a Second Chamber (Upper House or Senate) comprising of 75 members<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">4Upul Abeyrathna; M.K. Nadeeka Damayanthi; Sirimasiri Hapuarachchi; Sunil Jayaratna; Winston Pathiraja;\u00a0 N. Selvakkumaran; Lal Wijenayake<\/td>\n<td width=\"425\">2nd Chamber should consist of: a. Chief Ministers of the Provincial Councils (9)\u00a0 b. Six other persons from each Province elected by the members of the Provincial Council, the Mayors, Deputy Mayors of Municipal Councils of the Province and Chairperson and Vice\u2013Chairpersons of all Urban Councils and Pradesha shabhas of the Province through the system of first transferable vote.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini Amarasuriya; Kushan D\u2019Alwis, PC, A.M.Navaratna Bandara; S.C.C.Elankovan; M.Y.M Faiz; Kumudu Kusum Kumara; Kanthie Ranasinghe; S.Thavarajah; S.Vijesandiran<\/td>\n<td width=\"425\">Second Chamber should consist of:<\/p>\n<p>a. One member each from the Provincial Councils proposed by each Provincial Council.(These members argued that the Chief Ministers belong to the Executive and therefore should not be a part of a legislative body). b. Six other persons from each Province elected by the members of the Provincial Council, the Mayors, Deputy Mayors of Municipal Councils of the Province and Chairperson and Vice-Chairpersons of all Urban Councils and Pradesha Shabhas of the Province through the system of first transferable vote.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S.Thavarasa; S.Vijesandiran<\/td>\n<td width=\"425\"><strong>protection of minority interests from the majoritarian Parliamentary system is one of the prime objectives of establishing the Second Chamber<\/strong>. Hence there should be a mechanism in the Second Chamber to ensure:<\/p>\n<p>a. That all the national minority representation added together in the Second Chamber would not be less than the majority community representation, or<\/p>\n<p>b. Weighted voting system in the Second Chamber in respect of Bills affecting the interest of minority communities.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Sirimasiri Hapuarachchi; S. Vijesandiran<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Small political parties representing diverse political ideologies shall also be considered in the nomination of members<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>DEVOLUTION<\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S.C.C Elankovan; Kumudu Kusum Kumara; Winston Pathiraja; N. Selvakkumaran; Lal Wijenayake<\/td>\n<td width=\"425\"><strong>Existing units of nine provinces with the option of one or more adjacent provinces, through referenda to join together as one structure\/unit for administrative purposes.\u00a0 Article 154A(3) should be retained<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>M.K. Nadeeka Damayanthi; M.Y.M. Faiz; Themiya L.B. Hurulle; Kanthie Ranasinghe;<\/strong><\/td>\n<td width=\"425\"><strong>Existing system of nine provinces to remain. No merger should be permitted between any units.<\/strong> Therefore <strong>Article 154A (3) should be removed or should not be included in the proposed Constitution<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyarathne; Harini Amarasuriya; A.M. Navaratna Bandara<\/td>\n<td width=\"425\"><strong>Existing system of nine provinces should remain with Constitutional provisions for power sharing at the provincial level to ensure representation and participation of minorities in the Executive and Legislature<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S. Thavarajah; S. Vijesandiran; M.L.A.Cader<\/td>\n<td width=\"425\"><strong>Existing system of nine provinces to remain with a Constitutional provision for adjacent provinces to merge through referenda in the respective provinces<\/strong>. There should be provisions to ensure adequate minority group representation in the Executive and Legislature of the provinces. Muslims in the East and Malayaha Tamils in the Central Province should be allowed to create internal autonomous units. The Autonomous Unit \/ Council of the Malayaha Tamil community need to be empowered to address economic, social, cultural, religious, civil aspects affecting them only. The said Unit\/Council should enjoy legislative and executive powers over defined matters which have an impact on their lives of the community<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis P.C.; Sirimasir iHapuarachchi<\/td>\n<td width=\"425\"><strong>Within a unitary State, power should remain with the central organ of the State.<\/strong>\u00a0 The Central Government can delegate powers to the provinces, but retain the power and authority to take back any power to the Centre without the concurrence of the provincial unit.\u00a0 Supremacy of legislature and parliament must be assured. The existing 9 provinces should remain. No provinces should be allowed to merge either politically or administratively.\u00a0 Therefore, Section 154 (A) 3 should be removed or no similar provision should be included in the proposed Constitution.\u00a0 <strong>No devolved unit should be created on the basis of language, race, religion or ethnicity<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Sunil Jayaratne<\/td>\n<td width=\"425\">The Unit of devolution shall be demarcated based on a rational basis taking into account, geographical, socio-economic and demographic factors in a way that national wealth and natural resources are distributed in an equitable and equal manner. <strong>The Unit should not be based on racial, ethno-religious or linguistic considerations<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C.<\/td>\n<td width=\"425\">suggested that the powers of the Governor which are in the present Constitution and\/or Act Not 42 of 1987 shall be retained.\u00a0 If such powers are to be taken away an alternative institution at the centre shall be vested with such powers<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C<\/td>\n<td width=\"425\"><strong>Objected to Provinces\/Regions establishing alternate dispute resolution mechanism<\/strong> including traditional systems of resolving disputes stating that such a mechanism may interfere with the judicial system and was opposed to the establishment of such mechanism<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C<\/td>\n<td width=\"425\"><strong>Suggested to retain the Concurrent List<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C<\/td>\n<td width=\"425\">Suggested that the <strong>Concurrent List can be removed IF police powers, land powers, international grants, foreign direct investment, international development assistance, environment international borrowing, administration of justice and archaeological sites are not given to the provincial government.<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S.Thavarajah; N. Selvakkumaran<\/td>\n<td width=\"425\">State land within a Province shall be a subject matter to be handled by the legislative and executive body of the Province. However, the Central Government shall have the authority to require a Provincial executive to release any piece of State land for its legitimate use in order to take forward any activity which falls within its purview of activities (specified in the Reserved List). And it shall be the duty of the Provincial executive to release such extent of State land within its Province to the Central Government to be utilised for any legitimate purpose falling within the Reserved List.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>FUNDAMENTAL RIGHTS<\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis P.C and M.Y.M.Faiz\u00a0 are agreeable to the rights set out in this section on Fundamental Rights subject to the restrictions set out in Articles 15 and 16 of the present Constitution<\/td>\n<td width=\"425\">Revise Article 16 of the current Constitution as it enables laws that contravene principles in the Constitution to remain in force.\u00a0 The Committee recommends appointing a representative high level committee to go into the question of traditional laws and customs with a view to engaging in a consultative process with all communities in terms of revising\/repealing some elements within the customary and traditional laws which may be considered discriminatory<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>Kushan D\u2019Alwis, P.C. expressed concern that this right should not be applied retrospectively<\/strong><\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\">Right for Non-Disappearance and that since\u00a0 Bill of Rights encompasses all the other suggestions, including right to life, liberty etc. this particular clause may not be necessary<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>THE JUDICIARY<\/strong><\/td>\n<td width=\"425\"><strong>\u00a0<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Harini Amarasuriya; M.K. Nadeeka Damayanthi; Sirimasiri Hapuarachchi; Winston Pathiraja; N. Selvakkumaran; S. Thavarajah;\u00a0 S. Vijesandiran; Lal Wijenayake<\/td>\n<td width=\"425\"><strong>members recommend the establishment of a Constitutional Court with the following jurisdictions<\/strong> :<\/p>\n<p>a. Determine the Constitutionality of proposed amendments to the Constitution.<\/p>\n<p>b. Determine the Constitutionality of the Bills of Parliament.<\/p>\n<p>c. Determine and declare whether the Bills of Parliament are inconsistent with the Directive Principles of State Policy.<\/p>\n<p>d. Judicial review of legislation to determine the Constitutionality of laws enacted by parliament and provincial councils.<\/p>\n<p>e. Declare on matters pertaining to the interpretation of the Constitution.<\/p>\n<p>f. Judicial review of any decision taken by the Judicial Service Commission.<\/p>\n<p>g. Hear appeals on judgment of the Supreme Court when the Constitutional Court is of the view that there exists a matter of national and Constitution al importance.<\/p>\n<p>h. Hear petitions challenging judicial actions, orders and judgment on the footing that it infringes on the exercise of Fundamental Rights\/Human Rights.<\/p>\n<p>i. Consultative jurisdiction to enable the President, Prime Minister and Speaker to seek the opinion of the Constitutional Court on any matter of Constitutional importance.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C; M. Y. M. Faiz; Sunil Jayaratne; Kumudu Kusum Kumara;\u00a0 Kanthie Ranasinghe<\/td>\n<td width=\"425\">members of the Committee were not in agreement to the establishment of the Constitutional Court as detailed above.\u00a0 They were of the view that it would allow for the Executive and Legislative branches of the government to interfere with the independence of the judiciary.\u00a0 They further State that there shouldn\u2019t be a body higher than the Supreme Court. They also point out that there is currently no bar for nonlawyers to be appointed to the Supreme Court.\u00a0 While opposing the Constitutional Court as a separate body they instead propose a Constitutional Bench of the Supreme Court within the judicial structure<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">A.M Navaratna Bandara; S.C.C Elankovan<\/td>\n<td width=\"425\">establishment of a Constitutional Bench within the court structure but that it should not be composed only of judges of the Supreme Court, but also includes retired judges of the Supreme Court, persons of eminence with academic qualifications on law or related subjects, retired eminent personalities from the official or unofficial bar<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td colspan=\"2\" width=\"633\"><strong>ELECTORAL SYSTEM &amp; PROCESS<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C<\/td>\n<td width=\"425\"><strong>in support of the proposed 20th Amendment Bill without any changes<\/strong>. He does not agree to any of the recommendations on parliamentary elections that follow<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">UpulA beyrathne; Harini Amarasuriya; KushanD\u2019Alwis, P.C.; M.K. Nadeeka Damayanthi; S.C.C. Elankovan; Kumudu Kusum Kumara; Kanthie Ranasinghe; N. Selvakkumaran; Lal Wijenayake; A.M. Navaratna Bandara<\/td>\n<td width=\"425\">members were of the view that within a mixed system of elections and also in the event that a Second Chamber is established, a National List (NL) is not necessary<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Sirimasiri Hapuarachchi; Winston Pathiraja; Sunil Jayaratna;<\/td>\n<td width=\"425\">members were of the view that a <strong>National List should continue with the following conditions<\/strong><\/p>\n<p>\u00d8 Reduction of the number on the NL<\/p>\n<p>\u00d8 NL members should be nominated from the list and those from other lists should not be accommodated in it.\u00a0 The NL should have women and men nominated alternatively.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis, P.C.; Sirimasir iHapuarachchi<\/p>\n<p>&nbsp;<\/td>\n<td width=\"425\"><strong>Crossovers are not permitted under any condition <\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne<\/td>\n<td width=\"425\">Members should be allowed to exercise conscience provided that it will not destabilise the government.\u00a0 In order to ensure that it is necessary to introduce constructive no-confidence mechanisms<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne did not support the idea of an Election Calendar<\/td>\n<td width=\"425\">An Election Calendar with definite dates scheduled for elections of President, Members of Parliament, Provincial Councils and Local Government should be introduced<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td colspan=\"2\" width=\"633\"><strong>PUBLIC SERVICE, PUBLIC FINANCE, AUDIT<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Upul Abeyrathne; Harini Amarasuriya; A.M. Navaratna Bandara; M.K. Nadeeka Damayanthi; S.C.C Elankovan; M.Y.M. Faiz; Sirimasiri Hapurachachi; Sunil Jayarathna; Kumudu Kusum Kumara; Winston Pathiraja; Themiya L.B Hurulle; Kanthie Ranasinghe; N. Selvakkumaran; S. Thavarajah; S Vijesandiran; Lal Wijenayake<\/td>\n<td width=\"425\">a) Replace Article 54 (1) by the following paragraph;<\/p>\n<p>&nbsp;<\/p>\n<p>The appointment, promotion, transfer, dismissal, disciplinary control and the improvement of management capacities of public officers should be vested with the Public Service Commission (PSC) which shall consist of eleven nonpolitical members appointed by the President on the recommendation of the Constitutional Council of whom not less than three members shall be persons who have had over fifteen years\u2019 experience as a public officer. The other members of PSC should have the knowledge and experience on administrative law, public finance and human resources, business and public management\u201d.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S. Thavarajah<\/td>\n<td width=\"425\">Remove Article 52 (2) of the present Constitution as this provision negates the authority vested in the PSC and obstructs the Ministers and Secretaries developing good working relationships while maintaining the professional standards in the administrative system(One member did not agree to this recommendation<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>Kushan D\u2019 Alwis, PC \u2013 ONLY MEMBER TO MAKE PROPOSAL<\/strong><\/td>\n<td width=\"425\"><strong>Chapters 9 and 17 of the present Constitution should be retained in its present form<\/strong>.\u00a0 <strong>The recommendations are a step in the direction of creating a federal State without using the title federal and also amount to forcing down federal concept on the people living outside the Northern Province who have never demanded or sought such a devolution regarding public services and public finances.<\/strong><\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">S. Thavarajah<\/td>\n<td width=\"425\">The minimum allocation to the PCs and the LGs should be 25% of the State revenue generated through taxation or borrowings and that should be allocated among the PCs and the LGs by the Finance Commission (proposed ratio is 18% for PCs and 7% for LGs).One member proposed that in order for the devolution to be meaningful, the minimum allocation to the PCs to be 40% of the State revenue (30% to the PCs and 10% for LGs).<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td width=\"208\">Kushan D\u2019 Alwis P.C.<\/td>\n<td width=\"425\"><strong>ONLY MEMBER TO DISAGREE TO repealing of Prevention of Terrorism Act<\/strong> claiming that the existing Public Security Ordinance can be amended to address the concerns regarding preventing terrorism in the country<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<tr>\n<td colspan=\"2\" width=\"633\"><strong>LAND ENVIRONMENT &amp; DEVELOPMENT<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"208\"><strong>Kushan D\u2019 Alwis P.C., expressed his reservation for the inclusion of social service<\/strong>.<\/td>\n<td width=\"425\">\u00a0establishment of a Public Service Grievance Commission by the Constitution which should be an independent institution the chairperson and members of which shall be appointed by the President on the recommendation of the Constitutional Council. The Commission may consist of around seven to nine members drawn from experienced persons from a variety of fields such as social service,69 public finance, public administration, agricultural technology, law, human rights, technology, etc.<\/p>\n<p>&nbsp;<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Can those arguing the secular line for the removal of Buddhism from the Constitution explain why the religion Roman Catholicism was made into a State and given UN members? Obviously they have no answer. Everywhere the Pope visits as Head of State he is representing the Roman Catholic faith.<\/p>\n<p>The Committee comments about \u2018 failure to build a common Sri Lankan identity that respects the plurality and diversity of our society\u201d that is because the term Sri Lankan came to be used only after 1972. Prior to that the country was Sinhaladeepa where all citizens were from Sinhaladeepa. It was with the Sinhale nation that the British signed the Convention. The Sinhale nation was the nation of all its citizens not only Sinhalese. People are unwilling to accept this clear fact and that is why there is so much confusion. No other identity can be parachuted. Moreover pride of place has to be given to the Sinhala Buddhists like everywhere else in the world immigrants and people who came initially as traders cannot be given equal rights to the nation except equality before the law.<\/p>\n<p>The separatists had somehow managed to sneak in the Confederation of States\/Union of Regions which is the foundation to separatism. Where is the Joint Opposition? Why are they not coming out to defend the rights of those that built this nation?<\/p>\n<p>On what grounds is the Committee with all their learning accepting notion of Tamils and Muslims being \u2018distinct nationalities\u2019 for clearing while the former came from South India and have been referred to as Malabars and the artificial ethnic name was created only in 1911, the latter first came as traders from the Middle East and on the generosity of the Sinhale kings were allowed to remain. Muslims were treated as \u2018aliens\u2019 denied right to even own lands till after 1815. So how can both these groups be \u2018distinct nationalities\u2019 when their roots are in foreign countries?<\/p>\n<p>The Committee is suggesting to set up a Land Commission of 4 members comprising Sinhala, Tamil, Muslim and Malayaha (Up Country) Tamils \u2013 which invariably gives Tamils majority status when 70% of the population in Sri Lanka are Sinhalese!!! Does the Committee not realize that the opposition to Tamil as an official language is mostly on account of India\u2019s annexing tactics which invariably will mean that Sinhalese 14million will be the minority against a 76million Tamil population combining Tamil Nadu, already these Dravidians are freely flowing into Sri Lanka and settling here.<\/p>\n<p>The Provincial Councils were introduced to solve problems by devolving powers. Ever since 1987 the provincial councils have been functioning but providing no such assistance to the people except nurturing political candidates and family rule. What guarantee is there that the newest concept gramarajya is no different and what is this new gramarajya map? Is it along the lines of the demands the separatists are making? Knowing that the PC system is such a cost burden for the tax paying public why is there no suggestion by this Committee so concerned about the welfare of the people to abolish the PC system altogether???<\/p>\n<p>It is amusing that the Committee allocated over 600 words to emphasise the need for people with diverse sexual, gender orientations going to lengths to describe each case!<\/p>\n<p>With regard to the women\u2019s representation it is the logic that is baffling. Women want to be treated as equals but they also want to have an allocated quota for them because they are women\u2026 ladies promoting this please answer\u2026 shouldn\u2019t merit matter more than quota \u2013 nobody wants a woman propped up into a place of authority just because she is a women if she is incompetent???<\/p>\n<p>The inclusion of promoting WORLD RELIGION etc is another NGO ploy which finds its root to UNICEF with a long term goal of removing the child\u2019s identity with their birth religion and the cultures and traditions that surround. It is no surprise that this item too has been sneaked into the proposals. These new educational googly\u2019s are nothing but long term plans to remove people from the eastern dharmic faiths with lots of money being pumped into to tap into weaknesses of people and thereafter claim that these dharmic religions are useless. People should realize this bigger plan by now.<\/p>\n<p>This new constitution is nothing but a betrayal of the nation\u2019s history and a very insidious plan aimed at removing the Sinhala Buddhist hold and Theravada Buddhism which will have a domino effect on fellow Theravada countries also under similar incursions of late.<\/p>\n<p><strong>Shenali D Waduge<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Shenali D Waduge In 1815 a selfish set of Chieftans handed over the Sinhale nation to the British. Within no time these chieftans became sidelined and the white-masters began rule over the servants using sepoys and lascoreens who were ready to betray their own for titles and perks. The whites left in 1948 but they [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-55305","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/55305","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=55305"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/55305\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=55305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=55305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=55305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}