26 September, 2020

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Changing The Constitution For The Benefit Of All Its Residents

By Lionel Bopage

Dr. Lionel Bopage

Sri Lanka is already deeply enmeshed with a crony economic system. As a consequence, businesses thrive not by managing risks, but by returns accumulated through nexus between the business and political classes. This is often achieved by state intervention rather than competition. The state exercises monopolist control over resources and money, that is made mostly through profiteering arrangements such as rent seeking. Entrepreneurship becomes stifled with hardly any value-adding taking place. This situation has spilled over into government, the politics, and the media distorting and crippling the economy. Society is affected to such an extent that benefits of most services provided to the general public disappear into the pockets of the corrupt.

During the presidential election and the general elections, national security was the top priority of the majority southern polity. This was mainly caused by the fear psychosis the Easter Sunday attacks provoked. A strong government and a strong ruler were the other demands that they thought would address the prevailing socio-economic and political issues. The electorate supported these demands mainly due to the many depressing failures of the previous regime. Their weak leadership that compromised on law and order, corruption, particularly led by the bond scam, ethno-nationalistic and religio-fundamentalist attacks and many other socio-economic factors contributed to this situation.

It was in this environment, the new government received almost a two-thirds majority to change the constitution for achieving a strong, executive based national-security state. In seeking a two-thirds majority, the Sri Lanka Podujana Peramuna (SLPP) pledged to repeal the 19th Amendment but did not clarify what they would replace it with. The President in his statement to the Parliament confirmed that the 19th Amendment would be repealed as a prelude to enacting a new Constitution. They have already set up a panel to initiate this process. It would be carried out in two stages: first, amending the existing constitution to change or repeal the 19th amendment, perhaps including the 13th Amendment. Secondly, introducing a new constitution.

This constitutional change will be driven by the political and economic needs of the business and political classes that are holding power. Hence, the many concerns about how this process will be driven and how a new constitution as the end product will affect people’s rights as a whole.

Development and Reconciliation

One major concern is whether the state would be made into a ‘presidential monarchy’ where majoritarianism would be taken to new heights to the detriment of the rights of the minority communities, and whether the previous democratic reforms carried out for restricting the powers of the executive, including presidential term limits and accountability would be abolished. Would such changes further aim at removing the checks and balances on presidential powers, rescinding the need to be accountable for their actions and policies, and granting the freedom to build an authoritarian power structure that would promote majoritarian nationalism.

The unitary state the British imposed upon Sri Lanka was a colonial construct, which was later re-introduced into the post-1972 constitutions. Despite the monarchic nature of the pre-colonial Sri Lankan society, the rule of the royalty was neither centralised nor unitary. The Kandyan kingdom allowed substantial devolution at the periphery. Since the adoption of the 1978 Constitution till recently, an overwhelming majority of voters was demanding the total abolition of the executive presidential system that generated the tendency of politicisation of the presidency and centralisation of authority. If the new constitutional reforms are towards further centralisation of authority, then the principal victim would be people’s democratic rights.

Reconciliation through development appears to have become the common mantra chanted by all levels of the new regime. The many experiences gained not only from Sri Lanka, but also from the United States, the supreme economic power and the most developed country in the world, conclusively demonstrate that this mantra does not work in practice. For example, the civil rights movement originated in the fifties and sixties from the struggles for social justice of Black people in America. Their struggle was for gaining equal rights for them under the law. Despite the American Civil War officially abolishing slavery that abolition did not bring an end to the destructive effects of racism and discrimination. That is why by the mid-20th century, Black Americans mobilised themselves along with many white Americans, and began an unprecedented fight for equality that currently continues in the form of Black Lives Matter. The conclusion: Reconciliation is a final outcome that can only be achieved via combining economic development with full recognition of people’s rights.

13th Amendment

Devolution of power to the provinces was initiated with Indo-Sri Lanka Accord signed in July 1987. As a result, the 13th Amendment to the 1978 Constitution and the Provincial Councils Act were enacted. The 13th Amendment contributed towards the first practical democratic constitutional mechanism that attempted to politically address the national question. However, it was enacted at the behest of Sri Lanka’s influential neighbour, India. This constitutional mechanism paved the way for creation of provincial councils and devolution of power to the provinces, while enabling the use of Sinhala and Tamil as national languages with English preserved as link language.

However, this constitutional mechanism gave rise to a thorny issue that prevails to date; i.e., the issue of devolution of land, police and financial powers to the provinces. The amended basic law of the land has not been fully implemented despite its enactment. During the last decade, It also became evident that even while holding onto the limited devolutionary powers, the Northern Provincial Council did not utilise the funds it was allocated to, for the benefit of the residents of the province. Some nationalistic MPs in the south demand repealing the 13th Amendment in the hope of totally abolishing provincial councils. As far as I know, their assumption and allegation that provincial councils are white elephants, are yet to be ascertained as fact by research carried out by means of a proper cost-benefit analysis of their performance. On the other hand, what new mechanism would be adopted instead of provincial councils, for addressing the issues of the minority communities? Would that new mechanism be tantamount to asymmetric devolution?

17th, 18th and 19th Amendments

The 17th Amendment was enacted as an anti-dote to the executive presidential system. It led to creating an autonomous institutional mechanism, the Constitutional Council with the intent of freeing the public service from political interference through a review system. It imposed certain restrictions on the arbitrary exercise of executive powers of the president to make key appointments to the higher judiciary and the public service. However, the 18th Amendment made in 2010, bolstered the constitution more towards pre-17th status and moved the executive presidency towards a parochial model of an autocratic presidency. It removed the two-term limit of the President and replaced the Constitutional Council with a Parliamentary Council.

In 2015, the previous yahapalana regime came to power pledging to repeal the 18th Amendment, abolish the executive presidential system and restore a parliamentary form of governance. In power, they enacted the 19th Amendment that repealed the 18th and established a new Constitutional Council. The intent of the new Constitutional Council was also to depoliticize the public service. However, with the compromises the regime had to make, to include more parliamentarians (politicians) in the Council, the aspired intent did not appear to have been realised. The compromises the previous regime had to make was the result of them not even having a simple majority in Parliament.

The aspiration of abolishing the executive presidential system was seriously compromised with the parties such as the JHU and SLFP of the previous coalition opposing it. As the constitutional negotiation process was open and consultative, the original proposal in 19A to make Prime Minister the head of cabinet had to be compromised. It had to be diluted due to the pressure exerted by the Maithripala Sirisena camp and the nationalist lobby, both of whom hold important positions in the current regime. As such, the 19th Amendment could not be anything, but a constitutional compromise made between all the parties that comprised the Constitutional Assembly.

To an extent, the 19th Amendment impeded the propensity of presidency to abuse power and to move towards an authoritarian regime once again. However, 19A removed the president’s power to dissolve parliament arbitrarily. The President was made accountable to parliament and courts. It brought back the two-term limit of the presidency and brought down the duration of parliament and presidency to 5 years from 6 years. Yet, it did not abolish the presidential model of government. During the negotiation process, the scope of the original draft amendment had to be heavily redacted to meet the demands of the SLFP and the Rajapaksa camp. As such, the amended constitution had to remain a hybrid of a presidency with trimmed powers and a bolstered parliamentary system.

Had the original draft been passed, there would not have been two centres of power, the very constitutional issue that the country encountered later on. The breakdown in communication between the main partners of the coalition, the UNP and the SLFP in 2018, brought the constitutional reform process to a dead end. Despite these circumstances, an overwhelming majority of 215 MPs voted for enacting the 19th Amendment. The legislative intent was to curtail the excessive power of the executive branch of the government. As stipulated in it, term limits to the Office of the President were imposed, presidential prerogatives were transferred to Parliament; and independent commissions were established. This provided an environment in which the judiciary could operate independently of the executive and free of political interference. Despite the deficiencies, independent commissions have performed reasonably well in the past.

Two Power Centres

Thus, the 19th Amendment created two power centres in the form of President and Prime Minister, creating a chaotic situation. This was amply demonstrated in 2018, when the SLPP tried to usurp parliamentary power and the prime ministership. Therefore, a need to address this constitutional anomaly exists. However, the intent of the changes the new regime would propose remain yet to be seen. It was the previous Rajapaksa regime that brought and enacted the 18th Amendment. Would the constitutional amendments/changes lead to detrimental consequences to the society as a whole? Would the changes proposed affect the number of terms a President could hold? Would the independent commissions be abolished? The government could argue that its two-thirds mandate allows it to do any changes they wish to make. However, would not that be tantamount to a fascistic sort of an argument?

Due to inability of the President to take decisions on his own without consulting the Prime Minister, the SLPP argued that the 19th Amendment was obstructing development of the country. The 19th Amendment was also blamed for contributing to political instability, ineffective governance, weakening of the state, and endangering national security. This argument held sway within the electorate primarily because the previous regime brought to power was not a government with an assertive, a “Can Do” type of approach. Despite some of the good work it carried out during its limited term, it was a lethargic government in many respects. The electorate’s distaste of this was confirmed during the presidential and parliamentary elections. The power contention between the UNP and the SLFP that commenced in 2018, led to the deluded view that returning the country to the pre-19th Amendment constitutional context was better.

The deficiencies the 19th Amendment revealed during the constitutional crisis in 2018 and afterwards could not become dominant when siblings of the same family share power currently as President and Prime Minister of the country. However, when the agendas of the two start to differ, this dichotomy will be highlighted once again, giving rise to political incongruities and conflicts as to who has the greater authority, the elected president or the elected parliament. Once more, we need to remind ourselves that the 19A as proposed originally during the previous regime was subjected to many changes by the very same people who hold positions of authority in the current government. So, any blame regarding the deficiencies of the 19th Amendment lies squarely with all the parties who voted for the amendment at the time.

We have had three totally new Constitutions since 1947. As the President indicated during his speech to the Parliament, the Constitution has been amended 19 times since 1978. Moreover, previous constitution changing and/or making processes were neither consultative nor inclusive. For example, 18A was the worst with the parliament knowing its content only at the debating stage of the Bill. It is evident that the many changes brought to the original draft have been made not to make it more beneficial to the country as a whole, but for selfish sectarian political needs of a few. Whether the government intends to curtail/truncate parliamentary powers in order to strengthen the power of an individual / a clan is yet to be seen. Hence, it will be better to address the deficiencies of the 19th Amendment rather than repealing it in toto. Such a process would provide space for an improved framework of democratic governance until a new constitution is developed in an inclusive and consultative manner.

Conclusion

A new constitution that centralises more power driven by the monistic ideological beliefs of majoritarianism, will establish a ‘presidential monarchy’. This will be detrimental to the fundamentals of democracy destroying the separation of powers, fundamental rights, the rights of minority communities and devolution. There will be no opportunity to question the ‘presidential monarchy’ with regard to its responsibility and accountability to the people. Militarism, coercion and repression would replace civilian administration. Totalitarianism would replace pluralism. Economic growth would be based on inequality. Maintenance of power will be via a worsening hierarchical crony capitalist system. Those who benefit from cronyism will do the bidding for maintaining ‘presidential monarchy’ at all levels.

The President emphasised the need to formulate a new constitution that will provide priority to the concept of one country and one law for all. It should be one country, not united and maintained by force, but united and maintained by the will of the people of the country. The basic law of the country needs to provide a participative and inclusive environment for decision making with regard to building the future of the country, sans discriminatory practices. As such, what is meant by the concept of one country and one law needs further discussion and clarification. Would it repeal all personal laws? Would only the majoritarian views be made to prevail neglecting the rights of the rest by disregarding the principles of fairness and justice?

The measures taken by the President since assuming power appear to indicate that the transition to a constitutional set-up – post-19th Amendment – would bring together the executive arm and the defence establishment as the central pillar of governance managing society, economy, politics, and morality. Despite the popular support the government has received, such a development would represent a constitutional monarchy / dictatorship of a clan. It will be a new political phase full of challenges the people of Sri Lanka, both who voted for and against the regime will be faced with. Moreover, scrapping provincial councils without a better governance mechanism to address the issues of minority communities would be an affront to them and a provocation against them. Externally, Sri Lanka cannot live in isolation, but as a responsible country it also needs to fulfil its international obligations.

What we need is not a constitution that would steam roll the rights of the people as a whole, or the rights of the communities to be treated fairly and justly. This is not to refute the fact that Sri Lanka is a land comprising diverse ethnicities and faiths, but with a population the majority of which are Sinhala Buddhists. Any constitutional change needs to positively strengthen and activate democratic and human rights of each and every person irrespective of their background. The new government has one of the best opportunities to use its two-thirds majority to develop a Constitution that could stand the test of time to serve all the people of Sri Lanka on a non-discriminatory basis.

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Latest comments

  • 23
    17

    What democracy for srilankan. The people of srilanka do not understand what is democracy. The common man has no idea what democracy is. They vote for small benefits they get just before an election. Look at the voting in the last parliamentary election. Convicted murderer is elected in the south with a thumping majority, a murder suspect in remand prison elected in the east, money exchanged hands for votes in the north are just a few examples to show that srilankans have no inkling of democracy. Monarchy is the best government for Srilanka, in the absence of hereditary monarch the next best form of government is dictatorship and now we have a good opportunity for it. Lets have it without dithering. So the new constitution should remove all restrictions for the current president to be the constitutionally approved first dictator of Srilanka. Long live Srilanka.

    • 18
      16

      Milinda Moragoda has been hand picked as High Commissioner to India, in order to canvass among north Indian racists to sabotage any support to Tamils. Recently he expressed that 13th amendment be abolished. Also he organised a webinar between his pathfinder foundation and Vivekananda international foundation comprising of north Indian think tanks on “Regional and geopolitical environment”. Government hopes that through his contacts, Milinda will be able to convince north Indian racists to drop or modify without powers, the 13th amendment. That is why he is to be given powers of cabinet minister to act with a free hand. It will be same as when Bandhari was bribed with diamond necklace by JR to act against Tamils.

      • 5
        0

        For once I agree with you. Modi has no place for Tamils anyway. You know what he did to liquidate Jayalalitha. When in Jaffna Modi spoke in Hindi deliberately without English translation. Only north Indians and army personnel understood what he said. And they clapped!

        This is what happens when someone else makes national decisions and you unfortunately are a citizen of that nation. You must comply or they will come after you. Sad!

        • 2
          0

          GATAM, you are unable to make an in-depth analysis. Modi is a politician who wants to make him heard. In Jaffna he spoke in Hindi for Indian audience to demonstrate that Sri Lanka is under their jackboot. If he spoke in Tamil, people in India would not have understood., which would have been a waste. Indian foreign policy is made by their officials and not by Prime Ministers. Only a person of the stature of Indira Gandhi was able to dictate to them. The sorry plight of India in Sri Lanka is due to their cock-eyed foreign policy formulated by corrupt and racist north Indians. India made a mistake in the past of making use of Tamils to bring Sri Lanka down and once they achieved it, to let them down. Now they know that it is difficult to get Tamils to do the dirty job for them as firstly they will not trust them and secondly they are exhausted by thirty year war.So they have to think of another way to bring Sri Lanka down, and I am sure that Tamil problem in Sri Lanka is the trump card to gain advantage. Modi may not have a place for Tamils in Sri Lanka, but he is an admirer of Tamil language. CONTD)

          • 2
            0

            (CONTD) 2 India does not trust Sinhalese but at the same time they do not want to upset them, so this guarded approach. They know that Sri Lanka is playing a double game of making statements to please India but doing things to benefit China. Sri Lanka had been dilly dallying about giving eastern terminal to India, first by the previous regime which signed the agreement at the end of their term knowing well that it will be rejected and then by this government putting up workers and giving an excuse for not doing it. Now when they heard that India is going to build a new container transshipment terminal in south Nicobar island and also deepening Cochin port to allow big container ships to berth, Sri Lanka has told that they never said that they will not give eastern terminal to India and is still considering to give them. Sri Lanka knows that if India goes ahead with their plans, it will be the end of Colombo port where 70% of the containers handled are for eastern Indian ports. This type of deception cannot go on for long, and will sooner or later foot its foot down, to call off their bluff. (CONTD)

            • 2
              1

              (CONTD ) 3 In this context I suspect whether RAW was behind the assertions made by CVW in parliament about the claims of Tamil ancestry in Sri Lanka. We are witnessing the reaction of Sinhala racists who instead of countering it with scientific proof are making wild statements both in parliament and outside. What happened in 1987 is different from now and India which considered independent Tamil state in Sri Lanka a security threat for it, in splintering their country, may now change their perception that independent Tamil state in Sri Lanka would be a security asset for it, to counter China. After CVW’s speech in parliament it has now spread to the whole world that Tamils the original ethnic group in Sri Lanka is facing cultural genocide and ethnic cleansing at the hand of Sinhalese who are intransigent to accommodate demand for autonomy for Tamils in their areas of historic habitation. India is keeping every option open and it will not be surprising that they do intervene militarily to save Tamils, if Sri Lanka does not surrender completely as in 1987.

    • 15
      29

      They dont care about anything. They dont care about world standards. But they have big hopes to become singapore standards not knowing anything about singapore and its strict law and order.
      They the most of the people down there just enjoy their day today life. They dont care much about to question as to why bitch s sons did not give them the concessions on huge price reductions of the petroleum. We pay today much less for a liter of petroleum. And for the last 6 months, prices of dailys needs have gone down as no times in the past.
      But stupid people living in my home country, they dont even care much about a FORMULAR as former minister of finance introduced to them. They have no knowledge to raise the question as to why CRIMINAL rajapakshes kept it away from the public. Is that for the benefit or masses or the benefit of the BRUTAL FAMILY ?

      Btw what is not cheap, if oil prices are cheap in a country ?Almost everything is highly affected by low costs of the oil. but srilankens dont care much about that.. how come ?

    • 8
      17

      Those who keep big hopes on JUSTICE, should raise the question, would GR ever work on serving justice for those who lost their lovely ones through ABDUCTIONS, Murders and various other means.
      :
      https://www.youtube.com/watch?v=IDLZ1jU-JkM

      • 8
        14

        No doubt, if anyone in my family would have been taken away, I would have done anything and everything to take the revenge on Rajapkashes. May all the gods be on the side of the victimized families…. in order to punished these criminals. … sooner than later.

        • 2
          0

          leelagemalli,
          Tamil terrorist barbarians killed thousands of Sinhalayo. So, if Sinhalayo follow your approach instead of talking about reconciliation they should take revenge. But as good Buddhists Sinhalayo did not kill Tamils in spite of heinous crimes committed by Tamil terrorists against Sinhalayo for three decades.
          —–
          “No doubt, if anyone in my family would have been taken away, I would have done anything and everything to take the revenge…”

      • 1
        0

        Dear LM,
        .
        I know it is heartbreaking, but what can we do? I have met both Sandhya Ekneligoda and Brito Fernando. It’s like this:
        .
        About the middle of 2014, I decided that we’d had enough of the corrupt Rajapaksas, so I sought out Dr Vikramabahu Karunaratne and thought I’d join the (successful) bid to oust the Rajapaksas. So I attended a meeting that they were having in The New Town Hall. That is not the famous landmark near the “Eye Hospital” – this place is on the other side of the VMD Park. It was not a huge crowd, and we were all seated on proper chairs.
        .
        During a pause in the proceedings, I asked the lady who she was. She was Sandya. I had heard of her, and we had a bit of a chat.
        .
        She made a speech, too, and so did Brito Fernando. These are honest and dedicated people.
        .
        I think that many of us did our best, and I think that the three people I have stayed faithful to the missions they were on, but I think that I must survey what I see in the country, and drastically reduce all my comments and involvements in our thankless politics.
        .
        I will always respect these people, and you. But what’s the point? Our country has too many people who just won’t think rationally.

  • 13
    17

    Telling the palatable as done on the PE political stage, but DOING it solely for the benefit of the brutal family only ? Rajapkashes are world champions to mislead the very same stupid people for their power intoxications.

    If dual citizens would be allowed to enter the parliament, all should go out and protest against the acts of them. People should be empowered by feeding them with the TRUTHS instead of HEARSAYS OF LAUNDARY TV channels (TV derana and Kudu HIRU TV).

    Then what would the citizens of this country do ?

    JRJ did it and it is now ended up being passed it to the hand of provable high criminals. People would never react respecting their conscience because their political literay is far behind that of ethiopians.

    Even if 78 Constitution brought lot more good but also caused the nation to be split by it. 19A was the best among all the amendments and that was brought by GOOD GOVERANCNE govt. Looking back, 19A could have been better for a nation filled with civilized people. Unfortunately, that is the not the case in our home country srilanka today.

    • 24
      15

      Mr. leela ge …..,
      .
      Still worshipping cement columns..?
      .
      And…
      How about some covid-19 statistics???

      • 12
        23

        Are buddhist staues made out of clay you idiot ?

        I as one who respect all religions, worship mosques, synagogues, buddhist temples and Hindu temples across the globe. Is that wrong you idiot ?

        Covid 19 subjective statistics kept you guy eternally blind. Not only srilanka but even Myanmar, Sudan and the like countries also scored much less numbers of Death rates.
        :
        Bitch s sons of your nature, not knowing to see the addition of 1 +1 = 2, are coming to teach me about the COVID statistics.
        :
        Come with constructive arguments as to why EU has blacklisted SRILANKA if you guys feel that GR led high criminals contained it from being spread….. my foot.

    • 25
      16

      leelagemalli,
      “Looking back, 19A could have been better for a nation filled with civilized people.”

      Get the hell out you Bee Pea without insulting people in Sinhale.

      • 15
        23

        We are aschamed to be sinhalaya so long BPs of your nature destroy our race.
        :
        Wait and see, how Rajaksahe criminals would loot it to the core. Now with a Somalia is in making, … they are all speechless. you guys will be invited to clean their MADAMULANA toilett in the near future.
        :
        Eagle BP Ultra Racists, please pack your parapenalia and be ready to start your posts at Madmulana sooner than later.
        :

  • 23
    28

    Dr. Lionel Bopage,
    .
    The ideology you preach is rejected by 97% of the population.
    .
    So…. You can take a rest now.
    .
    We have a more than capable president and a government to look after the country.

    • 13
      21

      S. C. Passqual

      “The ideology you preach is rejected by 97% of the population.”

      Could you cite reference/proof.

      “We have a more than capable president and a government to look after the country.”

      Is it why he is still sorting out power outage, outstanding foreign loans (with begging bowl), …..

    • 8
      20

      Get the facts right.
      .
      https://www.youtube.com/watch?v=tnWhW8ShtwM

      So long SCP or the like stupid men are their voices. .. nothing will work for the benefit of the masses in this country. These bitch s sons are a greater curse to this nation.

    • 11
      17

      Dr Bopage,
      .
      This Pasqual is a curse to those families. His cheap work is stinking.
      :
      This guy should start his kindergarten sooner than later.
      The kind of lowlives paved the way criminals to return to power and ruin this nation again.
      :
      Not a single good thing is achieved by bitch s sons led current govt, .. however, people are made like LAB RATs as of today.
      :

    • 4
      0

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

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    • 0
      0

      62% Voted for Gotabaya and 59% Voted for new MPs, SLPP received 2/3 majority for the new parliament. 1971 JVP human butchers'( including Lionel Bopay) manufactured that massacre. For that, he received this doctorate?

  • 21
    15

    These Jathiya Vinashakarana Pakshaye Sinhala dong keys ruined this country. Please stay where you are without putting your nose into the affairs of Sinhalayo who are capable of managing their own affairs. Sinhalayo got fed up with the kind of democracy we had since Independence that allowed megalomaniac Wijeweera, megalomaniac Piripakaran, racist separatist Malabar Vellala Demala politicians, opportunistic Muslim politicians and Muslim extremists to play hell and ruin the country.

    • 12
      15

      Eagle Eye
      “Sinhalayo got fed up with the kind of democracy we had since Independence”
      You are implying you have another kind of democracy.
      Forget democracy You crazy man. The only form of government for sinhalayo is Dictatorship, and that is what you are going to get. You are OK in Australia. But the average sinhalayo have to face the music and since they sold their votes, I am sure they are going to enjoy for the next 20-30 years.

      • 0
        0

        Next 50 to 100 years of the Rajapaksa Dynasty ruling this Sinhalese Aryans country. History repeating in Sri Lanka

  • 9
    6

    ‘Changing The Constitution’ is not the answer when our problems arise from warped minds!
    A constitution, however inclusive, is not going to alter the mindset of the majority community, – their psyche has been ‘conditioned’ over decades of brainwashing.
    Do you think that men like umberto and S. C. Pasqual will ever understand that it is the future of their children that they are deciding.

    • 6
      15

      Nathan
      My children are no different from their forefathers, they voted for dictatorship they have to enjoy it. They will learn from experience and in 20-30 years , may change for an alternative governance.

  • 9
    4

    “Entrepreneurship becomes stifled with hardly any value-adding taking place.”

    That is the observation of a socialist, about Lankawe economic conditions. This a condition created partly by UNP, a Western bent, rightwing political party. This development did not just land by plane from Sky yesterday or day before that. The mooting for that started from the time when Britain allowed for self-governance with universal franchise in 1931. The voting system from 1931 was used to build family empires and Sinhala Buddhist Empire but never used to form a democratic country or competitive-Market economy, people centric. In Lankawe, rulers own the land and anybody dissent is an enemy. Rulers’ understanding of democracy is about crushing their enemy with the Rapist Army’s jackboot. Japan took American constitution. Singapore & Hong Kong took lesson from British rule. But from where Korea and Taiwan did get their lessons? How these all countries did become miracles of Asia? What happened to the lesson they learned from Britain for 150 years. Lankawe sought shade for its barbaric culture of ruling from Britain under Kandyan Accord, Sadly, Lankawe, which was equal to Korea when Britain was leaving, now, has lost everything again. Lankawe is now worse than 1810s in is brutalities. The situations of many Sinhala, Tamil, and Muslims youths are now pre JVP 1971.

  • 7
    5

    The “Ceylon”, a country never existed in history, was created by 1833 Legislative Council, was dismantled by Sirimavo with constitution “Republic of Sri Lanka”. Tamils became entitled to ask Britain to free them from 1833 Legislative Council merger and subsequent arrangement of self-rules under Legislative Council, a Majoritarian rule, and in the 1948, Dominion status, which gave a flimsy protection from majoritarian making laws against Tamils. The condition of Dominion status (1948 Soulbury Constitution) was Tamil Representatives (ministers) would agree for that. Tamils agreed for that constitution to stay in Dominion Status, under Britain, but not to resubmit them under Sinhalese, Under 1972 Sinhala Buddhist Sri Lanka (which too a country never existed in history). So any agreement Tamils gave to Britain under Dominion status is null and void, and cannot be taken as allegiance for Sinhala Buddhists’ Sri Lanka. Tamils’ leader SJV overthrows the cunning of Sinhala Buddhist racists’ efforts to bring the original occupants of this land Tamils under their rule by warping them forcefully in the 1972, a one sided constitution.

    • 3
      0

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      • 2
        2

        N. Perera,

        Don’t worry man, I get you; CT doesn’t. But anyway could it be more foul & rotten than the mass cemetery in Mullaitivu carrying 150,000 bodies? “Hurting” is only in the mind. Stare at a child; it will panic and cry. Watch the soldier in the front, lying in the hot Sun with many bruises and cut, bleed to die, but peacefully.

        Good luck man for next time.

  • 7
    3

    Major part of the Mahavamsa is a legend-story from Divu Wamsa, a legend only book. A remaining, latter part was written as chronicle, though incidents were dyed with high racism. It is well established that pre-Mahavamsa legend- book Divu Wamsa was written by Tamil Nuns, who learned from another Tamil Nun Manimekhala. The originality of the Sinhalese is based on the Legends created by Tamil writers. The originals races, respectively by time line, Vedas and Tamil did not kickoff to write chronicles for them for the reason of they lived here from prehistoric times. The Mahavamsa which was written by a Tamil Monk, who came from South India during the religious riots in Tamil Nadu, says 701 Bengali youths married 701 Tamil girls and created “Sinhala Race”. This is an unlikely event, irrelevant of the Bengali youths grandfather was a lion. (The million dollar question here is such Tamil haters why didn’t go back to get women from Bengal; how did they a bunch of rowdies drifted on the ocean come to know of the Pandian Kingdom; who made the match making to Pandian Kings agree to throw their girls in the bath water?) If it’s likely then Tamils and Sinhalese come to this inland at the same time and created the country together.

  • 7
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    The new government’s Royal MPs, they were as Joint Comedians in last government, resisted Yahapalanaya bringing the constitution they promised in 2015 elections. Old King in 2018 LG election, Campaigned in south with a slogan: “Do you want one country or do you want two countries”. Ludicrously, now there is a talk about new Constitution. So Tamils MPs talked about their rights in the new parliament. Northern MP CV told in parliament that Tamils have lived in this land from the start (of the island history). He always wanted a UNECO team rewrite the Ceylon history because it is polluted & ridiculed with racism and bestiality, which cannot be taught in classes for young children by teachers. In response, the Parliament Rowdies issue opens threats for Tamil MPs. Ponny was selected as Army Commander because of the war crimes he committed as Brigadier. He was put in prison and humiliated by the same Royals he served. He is listed as a war Criminal in OISL report. He is barred from travelling to America though he is a citizen there. When he stood against Old King in election, in 2010, it was only North East Tamils voted for this nasty man, not Sinhala Buddhists. He say will make CV to go like Leader Pirapaharan. Did he have any victory by annihilating leaders Pirapaharan? Then, why does he now fear for CV?

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      PS: Ponny is Field Marshal of cowards, it was because of him Journalist Frederica Janz ran out of the country during Old King’s time.

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      Mallaiyuran,
      When Malaya born Kthoni racist Chelvanayakam’s project to distort history of Sinhale by ridiculing Mahawamsa failed and Demala historians also failed to find any evidences to support the claim that Demalu (Ceylon Tamils after 1911) lived in this country before Sinhalayo came, Vigneshwaran says:
      UNESCO Saranam Gachchami.
      Good Luck!
      —-
      “Northern MP CV told in parliament that Tamils have lived in this land from the start (of the island history). He always wanted a UNECO team rewrite the Ceylon history ….”

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        “Malaya born Kthoni racist Chelvanayakam”

        This is what the kettle calling pot ” Hey you are black”

        Eagle, you flew by your own chest beating from Malaya to Wildlife Sanctuary, SinhaLE Lankawe. SJV sneaked on a boat. You think you, like Buddha, had visa to land in Lankawe, but SJV didn’t have one. (Your mistake here is you gave Kandy to British to colonize; Malaysia was captured and ruled by Britain; both were British lands that time & SJV didn’t need a Visa.) For me you, Vijaya, Buddha, Sangamitta………… all are Kpalne & Kthoni cases, other than the Twos: 1). Kandyan Accord British rulers, who were signed and certified to rule the Modayas by Kandy Ayatollahs, 2). Indian Tamil Estate workers, who brought by Kandyan Accord British, to plough the mountains & feed you.

        Eagle Eye, in the misty mornings of the Malayan rain-forests, when you happened to be stealthily lurking in the sky with your hawk eye searching for unsuspecting prays down on the ground , did you ever spot a child stubbornly crying to his mother to take him to Tamil Eelam?

        ” Tamil Arasu” (Tamil State) was not coined by SJV; it was done Sir Pon Arunachalam, a Grandpa of Northern MP, CV.

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          stopping italics

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    The new constitution will be the fourth bulletin.

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    No country has a Constitution that benefits everyone. It is not possible to benefit everyone. One man’s loss is another man’s gain. If most people are happy, that is sufficient. In Buddhism it is called “bahujana hithaaya, bahujana sukhaya” (the comfort of the majority and the prosperity of the majority). As a Buddhist nation SL must follow this advice from Buddha.

    Look at the Indian constitution. It has no reference to the world’s oldest language (Tamil Nadu language) or one of the oldest nations (Tamil nation of south India). It just bulldozed Tamil Nadu aspirations and built a nation called India on its spoils.

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      There is no nation called India. There is State called India and not the Nation.

      There is no Indian National only Indian Citizen.

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        This is why the so called India is so fearful of Tamil Eezham, which is a Nation though do not have State.

        If there is a Nation it will stand without monopoly over violence (Army, Navy etc.), however much oppressed, subjected to genocide, cleansed etc.

        On top of that the Indian State is built on lies, the exact same nature of lies the Sinhalese are propagating.

        Even the Sate India is not built by Hindians.

        Also, I believe it is only in Tamil Nadu

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    The comments on this page make one realise the magnitude of the defeat that we suffered on the 5th of August. Dear Leelagemalli, I listened to the truths that Anura Kumara D. was uttering, yet nobody seems to care.
    .
    I have no solution to offer. Perhaps I should try to analyse how much we suffer because the average Sinhalese THINKS so little. Better education seems to be the answer. Unfortunately, it is not headline-grabbing observations, even if made.
    .
    We want to maintain a society in which people can live decently. We don’t want to see mass starvation which leads to crimes being committed out of the sheer necessity to survive. So, we will be down to highlighting the rising prices of sugar, of eggs etc. These are going to be what will drive the populace to blind fury. The government will try to overcome that by inventing new bogeys – various minority groups.
    .
    It is not petrol prices that matter, dear LM.!

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      My Dear Sinhala Man, good to see you back: Where had you been all these days. See how SCP and Eagle evil make it like – that they receive lot more ” LIKES” from the readers, than we the handful of us on this platform now. They actions are well planned to show that CT platform too has turned to be supportive to them.
      :
      The truths is this lowlife – Pasqual works for IRAJ WEERARATNE, a man set to control social media on focusing on their govt.
      :
      Not just that Mr SM, I was very surprised by hearing all supportive thoughts from my relatives down there. They seem to care nothing even if their lovely ones would have been hurt either by verbally or physically, they are brainwashed to nod their heads to the very same manner MERCY COWS at Kelaniya temple would do.

      You say, how little our people look at the facts and truthfulness – but I am saying our people are born stupid. Not just BUDDHAGAMA made them stupid, but even christianity… ( srilanken kind of christianity) and Islam ( srilankenized ISLAM)… they are all the same. I am very ashamed to call me sinhala any more.
      But our friend ship would remain for ever Mr SM – I really want to come and meet you…

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    Aptly the first sentence should read as – Sri Lanka is already deeply enmeshed with a kleptocratic economic system.

    Changing the constitution periodically is not the solution to solve the woes of the people face every day. While most of the population (majority) in the country still rely and elect inept/corrupt politicians as such the future of Sri Lanka’s economy looks very gloomy.

    An uninformed society will choose ‘race’ over economic growth.

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      Hussain Fahmy ,

      It is a section of well informed society that has already chosen “race”
      as part of the economy rather than “over” economic growth I suppose !
      This section only see , short sighted , minorities benefiting from the
      system and they don’t want this ! It would really be “uninformed” not
      to see a pattern that is running through many decades back even before
      J R J’s express economy came into being . I came across many and all of
      them were concerned only about the “race” and nothing else to put it
      simple . And another worthy point to note is , we can not blame only one
      community for this vicious cycle of events just because of belonging to
      one particular race , big or small , almost all of us are racists in one way or
      other and the Bankrupt Politics thrive on this tendency rather than taking
      steps to build bridges ! Breaking bridges is the call of the day now , it is
      easy if you look at the quality of MPs marching into the assembly ! The
      voting is so well “informed” that murderers are elected after sentence
      handed ! Paradise Island ! Where else can this happen ?

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    PART 1.
    The writer now lives, and presumably a citizen of Australia, in other words a subject of Her Australian Majesty. In his day to day life, in down under, does he ever feel the jackboot of the actual monarchy? NO. He is aware that there are a set of politicians around on whose advice Her Australian Majesty enacts their bills into law and those politicians follow the law to the letter and to the spirit which they proposed to enact. So, politicians there are equals with citizens and is considered the front end of authority. Her Australian Majesty and consequently the Governor General can be considered as a part of Monarchy. But are they so labelled? Basically NO. However, they are the back end of the authority and their presence is not felt except on ceremonial occasions. Unlike here were there were conflicts between the President and the Prime Minister if they have different beliefs or policies? NO. From 1948 to 1972 we had a similar system here in Sri Lanka. Then why now entertain the phobia of a “presidential monarchy” with respect to Sri Lanka. What went wrong?

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    Part 2
    Especially after 1978 JR constitution, it is possible for a President elected by the people to have an agenda being in line with a political party. If the party of the President does not have a majority in Parliament, it is hell for both the President and the Prime Minister. One might argue that having a President and a Premier in Sri Lanka form different political parties serve a check on each other. On the other hand, if the President is a figurehead then Prime Minister becomes all powerful and that was how the voters in 1977 elections viewed the defeated Government. Interestingly, it is known that the Queen does question the wisdom of the Cabinet decisions in a perfectly impartial manner and Prime Ministers have suitably amended the decisions accordingly. On the other hand had the system or constitution of Sri Lanka was such that the President directly elected by the people serve as a check on the Parliamentary form of Government, complementing the efforts of a Parliamentary majority with refinements preserving sanity, dignity and decency, in other words in charge of governance, then however powerful the President is he cannot be described as a “Presidential Monarch”.

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    20th Amendment to be presented for vote in Parliament is a given. However, if the new amendment does not get 100% vote like 19th Amendment (only one did not vote) then it will be a shame on Rajapakses, SLPP, Vyath Maga, Yuthukama, Buddhist Monks, Cardinal Malcolm, Ravana Balaya, Sinhala Buddhist Racists etc.

    The most important clause that has to be in the amendment should be : making any verbal or written negative comment/attack by anyone against another Sri Lankan based on Race, Religion, Cast, Language and Sexual Orientation should be a punishable offence with no bail for a minimum of 5 years. This is the only way a foundation could be formed to make every Sri Lankan to think they are “Sri Lankans” and not Tamils, Sinhalese, Muslims and the latest group created by Cardinal – the Catholic or Burgher among others.

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