19 October, 2017

Constitutional & Legal Reforms To Destroy The Nation

By Mahinda Rajapaksa

Mahinda Rajapaksa

The government’s efforts to fundamentally change the constitution, the law and the structure of the Sri Lankan state is expected to come to the fore in the months ahead. Since November last year, several documents that have either been officially released or have come to light by other means, reveal very clearly the intentions of the government. The reports of six subcommittees appointed by the Steering Committee of the Constitutional Assembly were published in November last year.  The report of the Prime Minister’s Consultative Task Force on Reconciliation and Transitional Justice was released in January this year. In the meantime, the 58 conditions imposed by the European Commission to restore GSP+ to Sri Lanka and the Prime Minister’s framework for the new counter terrorism law that is to replace the Prevention of Terrorism Act, also came to light through the media.

The fountainhead of the four documents mentioned above is the UN Human Rights Council resolution of October 2015 which was brought against Sri Lanka by the Obama administration and the European Union and co-sponsored by the yahapalana government. Even though a radical regime change has taken place in the USA since then, the yahapalana government has not taken any steps to hold talks with the new US administration and to get the resolution against Sri Lanka amended. It thus becomes plain that the yahapalayakayas co-sponsored this dangerous resolution in 2015 not only due to pressure from foreign parties but also because of their intrinsic anti-national leanings. It should be borne in mind that as of this moment it is not the American government that is carrying forward the resolution against Sri Lanka, but our own government. The blueprint for change laid down for Sri Lanka by the yahapalana government as revealed by the documents mentioned above, can be summarised as follows:

  • The Prime Minister’s Task Force on Reconciliation has recommended that apologies should be tendered by the Sri Lankan State to the victims of the armed conflicts that took place in this country. However, they have not required any terrorist organisation or political groupings that backed the terrorists to tender apologies to anybody.
  • It has also been proposed by this task force, that LTTE cemeteries should be restored, the observance of ‘MaaveerarDinam’ allowed to continue and the families of deceased LTTE cadres permitted to display a photograph of the deceased terrorist  in LTTE uniform, in their homes. However no proposal has been put forward to commemorate the war heroes who died fighting terrorism or the victory that was achieved by them.
  • As a means of promoting reconciliation, all LTTE detainees who have not been charged under the PTA or other laws are to be released forthwith while members of the armed forces suspected of committing crimes are to be arrested.
  • A war crimes tribunal with foreign participation is to be set up to try members of our armed forces in terms of the Obama administration’s UNHRC resolution against Sri Lanka and the European Commission’s 58 conditions to restore GSP+. The Prime Minister’s Task Force on Reconciliation while also recommending a war crimes tribunal with foreign participation, has suggested that no LTTE members be prosecuted by this body if they have been through rehabilitation or have been prosecuted under the existing judicial system. They have however, suggested that leaders of the LTTE who left the terrorist organisation and allied themselves with the government of Sri Lanka should be tried for war crimes.
  • As per the 2015 Geneva resolution, members of the armed forces who are suspected of having committed war crimes but who cannot be taken before a war crimes tribunal due to the lack of evidence, will be removed from service through an administrative process. However according to the Prime Minister’s proposed law to replace the PTA, if sufficient evidence cannot be found against a terrorist suspect, the Attorney General or High Court can halt criminal proceedings against that terrorist suspect if he agrees to express remorse, tender an apology, participate in a program of rehabilitation, give a public undertaking not to commit any offence or engage in community service.
  • The PM’s Task Force on Reconciliation had recommended that no amnesties should be granted to members of the armed forces suspected of war crimes. However according to the Prime Minister’s proposed law to replace the PTA, even after a terrorist is found guilty by a court of law, the sentence will be mitigated if the convict publicly denounces terrorism, expresses remorse, or avers that he committed the crime only under instructions from superiors, etc.
  • A phased demobilisation of security forces personnel with an attractive early retirement package including pensions, admissions to good schools for their children, alternative civilian employment etc. has also been recommended by the PM’s Task Force on Reconciliation. None of the documents mentioned above have discussed how the security of the state can be ensured after demobilising experienced officers and soldiers in this manner.
  • Under the new law that has been proposed to replace the Prevention of Terrorism Act, the police OIC of the area, the Human Rights Commission and the local Magistrate will be required to ensure the safety and welfare of any terrorist suspect arrested. The permissible period of detention is to be reduced from three months 30 days and the maximum period from 18 months to six months. The suspect will be released on bail if he is not charged within one year or the court proceedings take more than two years. These provisions have been drafted so as to provide the maximum leeway for terrorists and cause the maximum obstruction of the armed forces.
  • According to the recommendations of the Subcommittee on Police, Law and Order, if a state of emergency is to be in force continuously for a period in excess of 3 months or for a period of more than 90 days within a period of 180 days, the extension of the state of emergency will require a ‘special majority’ in parliament. The Supreme Court will be empowered to review and even annul orders imposing emergency and the emergency regulations that come into effect through such orders, thus restricting the powers of the executive in responding to breakdowns in law and order. No consideration has been given to the question of how law and order can be maintained by hogtying the executive, the police and the armed forces in this manner.
  • The Subcommittee on the Judiciary has recommended that appeals to the Human Rights Committee in Geneva be allowed by changing the law applicable to the incorporation of international treaties into local law. Thereby the Supreme Court of Sri Lanka will cease to be the highest court in the land because the Human Rights Committee will have the power of review over Supreme Court judgments. The subordination of the highest court to an international court entails a loss of sovereignty. One of the main reasons why Britain voted to leave the European Union was to escape the domination of the European courts system.
  • The Prime Minister’s Task Force on Reconciliation has requested the government to seriously consider the establishment of a secular state. Even though members of the government claim that the special status accorded to Buddhism will not be abolished, that too is a part of the agenda.
  • The Subcommittee report on Centre Periphery Relations has recommended that the powers of the provincial governors be abolished and that they be appointed with the concurrence of the chief ministers and required to perform their duties according to the chief minister’s instructions. The Governors uphold the writ of the government in the provinces. If his powers are diminished, Sri Lanka will automatically become a federal state.
  • In a further move to do away with the unitary state, the concurrent list in the constitution is to be done away with and any subject not specified in either the central government list or provincial list will be given to the provinces, thus enhancing the powers of the provinces vis a vis the central government. The District and Divisional Secretaries who now function under the central government are to be placed under the provincial units as a further means of shifting state power from the centre to the provinces and doing away with the unitary state step by step.
  • The jurisdiction of the national police force will be restricted to a few offences such as international crimes while all day to day police work such as crime fighting and investigation, narcotics, traffic, etc will be handed over to nine separate provincial police forces. Recruitment to these police forces will be based on residential and linguistic criteria and there will be no transfers between provinces. The provincial police forces will decide on the firearms they use and conduct their own training and be responsible to the provincial police commission and not to the IGP or the central government.
  • The Subcommittee on Centre Periphery Relations has recommended that all powers over State land be transferred to the provinces.  If the central government needs to utilise a piece of State land for any purpose like national defence, a request will have to be addressed to the relevant provincial council.  It is not difficult to imagine how the provincial authorities in the North and East will react to such requests.

The agenda that runs through the five documents mentioned above are, firstly, punishing the armed forces for winning the war, secondly, devolving more and more power to the provinces until the central government ceases to be relevant, thirdly, destroying the ability of the Sri Lankan state to respond adequately to a break down in law and order, fourthly demoralising and breaking the will of the majority of the population and the armed forces, and fifthly, creating as favourable space for separatism as possible. If these provisions are implemented, what we will be left with will be a fragmented Sri Lanka made up of nine federal states with a very weak central government which is legally prevented from responding effectively to situations of internal disorder. From that point, it will be just one step towards a separate state.

The Eelamist lobby both here and abroad working together with certain foreign powers, skewed the result of the 2015 January presidential election to bring into power a government through which they hope to achieve what could not be won through four decades of terrorism. I invite all SLFP members in the government, and parliamentarians of the UNP as well, to read the five documents mentioned here and to decide for themselves whether they want to betray the country and the nation by supporting this traitorous agenda. The main constitutional pledges given to the people at the last Presidential election was the abolition of the executive presidential system and electoral reform.  The reason why the government is pursuing the above mentioned agenda with great enthusiasm while completely ignoring the constitutional pledges they gave to the people is obviously because they have other, more important masters to please than the people of this country.

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Latest comments

  • 3
    3

    Everybody needs a piece of Sri lanka. that includes the so-called sinhala buddhist Mahinda Rajapakse. It is this same Mahinda Rajapakse’s gang who threatned buddhist monks with bomb explosions, wanted to appoint chief monks of the nikayas by the president. Now, he talks about the position of buddhism in sinhale.

    LSSP – racist – socialsit who is anti-buddhist and a christan Tamil authored the new constitution. But, Ranil has not said anything yet. Probably, Ranil selected two well known anit-sinhala buddhist repsentatives for a reason. It looks, this constitution is the worst that can happen to Sinhale except Tamils claming the whole Sri lanka is their homeland or muslims establishing their Wahabi HQs in Kandy, anuradhapura or in Deeghavapi. Everybody knows the new constitution is death warrent for Sinhale if Approves.

    The major question is how intelligent are Jayampathi wicrakmrathne, Sumanthiran, wickrambahu Karunarathne and the gang. Tamils are intelligent in that sense because, they want little by little every time. but, this consititutional authors want everything at once.

    Mahinda Rajapakse knowing that people are against the constitution, he is trying to take advantage of it. He could have done many things when he was the president but he did not.

    Both Mahinda Rajapakse and Yahapalanaya used and are using JRJ constitution to stay in power and fool voters.

    • 3
      3

      Let the dogs bark. New constitution will come into effect. Caravan will go on. Keep barking. New constitution should include circumcision for all the budhist monks to tackle the HIV crisis in Sri Lanka

      • 5
        0

        AJ

        “New constitution should include circumcision for all the buddhist monks …”

        This might lead our BBS Gandasara to embrace Islam instead !

  • 5
    3

    This man hulubulu has been becoming a headache to us. Had he been that intelligent, why the man to allow his brother in law or other men to ruin srilanken airlines as nothing can help its recovery again. Those men like Emirates would never make any glance at the airline… lanken debt crisis will not be simple as former opposition-current rulers guessed at it then.

  • 8
    3

    MARA alias JARA! Please retire from active politics and go to your village. More we see and hear of you our blood boils. I don’t advocate disappearances and white vans during your time and as a believer in justice I don’t pray the same for you. But if you are convicted and punished think that Karma or fate or whatever you believe in has overtaken you.

    • 7
      2

      If he is suffering from a psychological problem, which is incurable.. so nobody can help him.

      • 2
        1

        Samuel Jayaweera

        “If he is suffering from a psychological problem, which is incurable.. so nobody can help him. “

        Prosecute for the crimes committed, and if found guilty, hang them .

        They wanted to hang the real hero Satrarh Fonseka.

        That will cure them, and they will rest in peace or agony with Mara,

  • 8
    3

    Ven MaRa,
    It looks like you are not going to retire from politics . Also you are not going to leave SLFP. You want to make up with Chandrika and MS with the help of men like DJ .
    Still your conscience is pricking you by the fact that Chandrika helped you to become the SLFP leader and PM and then President. Chandrika helped you through Lakshman Kadirgamar to set the right policies to win the International Community and made them ban LTTE and give military training and arms and equipments to defeat the LTTE with the hope you will find reconcilliation and a political solution during the2010 to 2015 period.

    You thought you are the cleverest leader in the world and can be an immortal president of SL and believed in Sumanadasa Abeygunawardne.

    Now you want to recapture SLFP and bring your brother as President and you as PM. Will it happen ? Are the younger generation going to believe only Rajapakses or their can save the country and rule the country ?
    Were you not beholden to or puppet of
    foreign countries in the past or now ?To come back to power Why you are using the race , language and religion again ? SWRD and JR did in the past and captured the power .where did they take the country ?

    Even one of your speech/creative analysis writers DJ, few days back advocated that embracing Internationalism is a must for SL.
    Hope God save mother Lanka from your mischief again.

    • 4
      6

      Non PhD

      give military training and arms and equipments to defeat the LTTE with the hope you will find reconcilliation and a political solution during the2010 to 2015 period.

      It is you Tamil who destroys Sri lanka.

      South side may tried many thjings. but your leader wanted separate country – peelam and you people wg=hen you were losing the war wanted federal solution.

      Once you lost the war war, how can you ask anything. You simply lost it.

      It is Mahinda Rajapakse who released 12,000 LTTE cadres and out the country again in Trouble. IT is Mahinda Rajapakse who established NP instead of abolishing 13th amendment. IT is Mahinda Rajapakse who appointed a Tamil chief minister when a Sinhala chief minister would have worked better. IT si Mahinda Rajapakse who should have said directly, no one can touch War heroes who saved the country.

      • 3
        0

        Once you lost the war ,how can you ask anything :

        Tamils just did ask. There is nothing you can do about it. Just go to your room and cry : Gacham Garama Gachami…

  • 5
    3

    Looks like Dayan J has been working overtime to inveigle his way back into the good books of the man who dissed him as “a pawn of NGO kakas”!

    Wonder if MR knows the meaning of “fountainhead” or half the other words he wants us to believe he authored?

    What a couple of scam artists!

    • 4
      2

      Sal

      I have said it before and shall say it again. This bugger cannot understand the nature, effect and content of any document. Either his tuition master G.L. Pe is or Dayan Silva would have been the author !

  • 6
    4

    Still has not grown up. Same stupid maniacal thinking.

  • 6
    3

    Who is your script writer? Despite your warped thinking your intellect and English were not this good when you were in power

    • 0
      0

      He was not only hiding in temples, but also learning Ingireesi

  • 7
    2

    Script Written by Prof GL and choreographed by Phony Political scientist DR. DJ. Advise you to retire and go back to your village Medamulana.

    • 2
      2

      Yes well said Annesley. Yes indeed. Written by the stooge GLP who is used to wetting his pants when he sees Jarapaksa. It is high time that the Rajapaksas lie low in preparation of life in jail. Bensen

    • 3
      0

      accompanied by genial looking photo of MARA

  • 3
    1

    “It has also been proposed by this task force… the families of deceased LTTE cadres permitted to display a photograph of the deceased terrorist in “LTTE uniform””

    yes if it’s not in LTTE uniform the families will be prosecuted!

    ..and if they don’t have a photograph in LTTE uniform they will be banned from displaying the photo in civilian uniform.

    He forgot to add that a special task force will be created to inspect the houses of ex LTTE carders to ensure that the families comply with this. The special task force will be given powers to raid the houses any time without warrant to inspect the photo!

    ha ha what a load of rubbish

  • 3
    2

    The mischievous school-boy tendencies displayed by MaRa at Thurstan etc etc is being carried over even in his 70s.
    Absolute Rubbish.Does not Merit a Response!

  • 2
    1

    Jim Softy
    After defeating LTTE with the help of the International Community ( because of Chandrika-Kadirgamar foreign policies ), MR cleverly brought in the 18th A.

    18 A is one of the reasons MR lost on 8th Jan 2015. Many patriotic people were not happy with you. MS sucessfully brought in the 19 A even though he had the minority government.

    For SL to prosper Rajas must gracefully fade away from politics. UScitizen GoRa can sponsor all of them to migrate to US.

    Your guru DJ is right. SL should go for internationalism with the help of Cuba.

  • 4
    0

    Mr. Mahinda Rajapakse: Your presentation refers to the “Five Documents” and the “Five Disastrous Effects” that would fall on us, if the proposals contained therein are implemented. Good. Now that we have studied all what you say, we would like to know how you would propose to handle the situations addressed in those “Five Documents” faced by the country and the present Government. Since you have addressed directly the SLFP members in Government and the UNP Parliamentarians; don’t you think it is very appropriate to give them your “PROPOSALS” to consider and make a decision as regards your leadership bid? We as the voters too are very much interested in knowing what your proposals and workable solutions are for all those subjects dealt in those “Five Documents”. Please respond as soon as possible. We await to know that ONLY from your next presentation to the media. Thank you.

  • 7
    2

    Mr. 3rd Term is talking about changing the constitution.

    • 1
      0

      Yes, can there be anything worse than MR getting 3rd term changing constitution?

  • 3
    2

    Hello do the decent thing man. You are not stupid , you know what you want . Power, or the lost-power back.
    To attain this , I feel , you are taking a very silly and slippery path. Decent thing for you to do as a senior statesman is to work with the Yahalpanaya Govt.; to achieve permanent peace and prosperity to the country; you say , you love.
    Country also knows that the Yahalpanaya gang, to date has done zero to the nation. Apart from borrowing in millions by selling or/ and bartering the country. This is another storey for another day. But at least we have the freedom of expression now; which in my view that no amount of dollars can buy.
    Please debate on issues where the country could move forward,instead of putting one community against the other. This is not patriotism or being patriotic. People are fed up with you politicos of all colour and shade. Do something useful, so that the country as a whole will salute you. May be I am being very simplistic and stupid or asking for the impossible !
    “Every day do something that will inch closer to a better tomorrow”- Doug Firebaugh

  • 3
    2

    Check the Title of the article and Who wrote it? Rest of the content ignored

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