20 February, 2019

Blog

Failure Of Another New Constitution? 

By Laksiri Fernando –

Dr. Laksiri Fernando

It is not only the ‘aekeeya/orumiththandu’ confusion and the ‘draft provisions’ for a new constitution that are questionable, but also the procedure and the process that were followed in drafting them. Under the present circumstances, there is no possibility of a single major party inaugurating a new constitution even if with minority party support. A new constitution requires a two thirds majority in Parliament at least as the first hurdle. 

There was no apparent leadership for a new constitution and no purposeful effort to build bipartisan consensus among parties or the people. If the present draft is proposed to the Parliament, it would be like the proposal to have another ‘national government’ with one MP from the SLMC participating with the UNF!   

For the 1947 constitution, there were two names behind, Lord Soulbury and Ivor Jennings. For the 1972 constitution, Colvin R. de Silva clearly was the brain or the hand behind although he later excused himself from its ‘unitary’ characterization. The disastrous 1978 constitution  undisputedly was the creation of J. R. Jayewardene. 

Can that be said about the proposed draft or the ‘aekeeya/orumiththandu’ formulation? It is just an Expert Report of originally ten members, four of them clearly dissenting or expressing their own views. The ten has become reduced to six. This is apart from various political parties in the Constitutional Assembly or in the Steering Committee dissenting or disagreeing on very many matters, except on few subjects like ‘fundamental rights, freedom, language rights and directive principles of state policy.’    

Failure of consensus building 

Dissention or different views cannot be completely eliminated in a constitution making processes. However, those should be reduced to the minimum or to clearly identifiable matters. That should be the merit or the objective of a constitution making process. Otherwise, when a draft comes to Parliament there can be confusion or chaos. 

Even with a clearly written draft in August 2000, and apparent consensus between the SLFP, and the UNP, when it was proposed in Parliament, the opposition UNP created enormous chaos. It would be extremely difficult for the UNP to get rid of this negative legacy however much they have the support from the ‘international community’ or (for some valid reasons) from the minority political parties. One reason for this unfortunate situation was the delay in formulating the draft and proposing it in Parliament at the very end of the parliamentary and presidential tenures in 2000. The same goes for the present situation. 

There has been some kind of stubbornness or rather ‘pig-headedness’ on the part of at least some of the new constitution makers, whether they were political leaders or the so-called constitutional experts. However much they talk or preach to others about plurality, diversity and tolerance, they were not ready to take other people’s views at least in terms of a dialogue. 

Without going into details let me quote from a letter submitted to the Chair of the Steering Committee dated 8 August 2018 by two experts of the Panel, Prof. Camena Guneratne, Professor of Legal Studies, Open University, and Prof. Kapila Perera, Vice Chancellor of the University of Moratuwa.  

At the last Steering Committee meeting held on 18th July 2018, two documents were produced by the Experts. The Second (Mapping) Document submitted in the form of separate booklets with a mapping of the reforms was submitted as it was felt that this is what required as per indications given by the Steering Committee at that meeting held on 24th May 2018. The discussion paper which is to be produced today [8 August 2018] is being submitted further to the directives given to the Panel to produce one document that could be a working paper for the Steering Committee.”                      

What does this mean? There had been a sudden ‘leap forward’ from May 2018 to July 2018, virtually annihilating the Mapping Document, and ‘some experts’ being asked to produce one document, an apparently a ‘draft constitution,’ now produced as ‘A Report Prepared by the Panel of Experts’ in the Constitutional Assembly website.

What has happened to the Mapping Document? 

It is intriguing to note that the Mapping Document is suppressed. It is difficult to talk about the merits or faults of this document/s without knowing the contents. However for the citizens and those who research on constitutional matters this document seems to be crucially important particularly in the context of different views apparently appeared among the Panel of Experts. This suppression cannot be appreciated as ‘transparency’ in ‘good governance.’ This is also not fair for the experts who have produced this document although their letter that I have quoted above appears in Schedule II.  

It seems that the Mapping Document has given a good overview of views expressed by political parties in the Steering Committee or in their written submissions. Although these are said to be incorporated as Schedule I to the said Report, it is difficult to judge whether those representations are accurate, complete and fair. 

Let me quote the very last paragraph of Schedule I. It pertains to ‘State Land.’ Under EPDP, it just says, “EPDP   • State Land -Dispute Resolution (Item 15) – total number in the arbitration panel is confusing.” Is this a fair, comprehensive or a clear description of the EPDP view? 

There are two other important matters that the two experts have revealed in respect of the so-called ‘Report of the Expert Panel,’ aka the ‘draft constitution.’   

Firstly, in regard to the format of the discussion paper, it has been decided by a majority of the Panel that the format of the first document endorsed by six Panel members, which was submitted to the Steering Committee meeting of 18th July 2018 should be retained in drafting this discussion paper of the Panel of Experts.”

They have said to the whole world quite loudly that this document is not from all, but from six persons and the format was decided by those six or someone else. More important is what they have said about the contents as follows in two final paragraphs. 

We further note that this discussion paper and the Mapping Document are compatible/consistent to some extent as both are based on the provisions of the 1978 Constitution. However, there are also differences, mainly provisions in this discussion paper which do not appear in the Mapping document.” 

We wish to acknowledge the work of our colleagues on the Panel of Experts in preparing this discussion paper….However, we disclaim all responsibility for any specific formulations of provisions which are found in this discussion paper but which are not found in the Mapping Document of the other experts that was submitted at the Steering Committee meeting of 18th July 2018.” (My emphasis). 

In the first sentences they have extremely been polite to others. However, they differ and disassociate strongly on the matters of ‘specific formulations of provisions.’ 

What are these formulations? 

Apart from Camena Guneratne and Kapila Perera, there are two others, Prof. Austin Pulle and Ms Chamindry Saparamadu who have expressed dissent or different views as incorporated also in Schedule II. Most significant is the complete disassociation of the two academics, Guneratne and Perera, from what they have called the ‘specific formulations of provisions’ which have apparently come into the draft ‘which are not found in the Mapping Document.’ 

It is difficult to speculate on the exact formulations or provisions that they disagree with and ‘disclaim all responsibility.’ However, when one goes through the Report or the draft, there are abundance of them which could be considered questionable, controversial or out of line with the requirements of consensual constitution making. Let me take one formulation from the very Preamble and another more hilarious formulation from the proposed Article 1. 

How do the ‘experts’ propose to inaugurate the new constitution? This is what the Preamble says: 

NOW THEREFORE, WE THE PEOPLE OF SRI LANKA celebrating our rich ethnic, religious, linguistic and cultural diversity, in the exercise of our sovereignty, hereby give ourselves, and the future generations of Sri Lankans, this CONSTITUTION.” (My emphasis). 

What is wrong with this formulation? This is conceptually wrong for the situation in Sri Lanka. It is not at least ‘unity in diversity’ which is ‘celebrated’ in this declaration, but just diversity. Of course the first paragraph of the Preamble gives more agreeable formulation, but negated by the second or the last paragraph quoted above. 

Why do they bring ‘ethnic, religious and cultural matters’ into the forefront, although called ‘rich’? Those who oppose a new constitution on majoritarian lines, rejecting any kind of plurality or diversity in the country will rejoice on these kind of formulations for the opposite reasons. They will brand the ‘new constitution’ as a clear effort in dividing the country on ethnic, religious and cultural lines. There is clearly a ‘divisive thinking’ behind such formulations even in my opinion. 

Aekiya/Orumiththandu Confusion 

The confusion about the characterization of the state and the constitution is not an isolated matter as ‘aekiya/orumiththandu,’  but follows from the erroneous constitution making process that we have been talking about. The following is what the draft Article 1 says in full. 

“Sri Lanka (Ceylon) is a free, sovereign and independent Republic which is an aekiya rajyaya / orumiththa nadu, consisting of the institutions of the Centre and of the Provinces which shall exercise power as laid down in the Constitution.  In this Article aekiya rajyaya / orumiththa nadu means a State which is undivided and indivisible, and in which the power to amend the Constitution, or to repeal and replace the Constitution, shall remain with the Legislature and the People of Sri Lanka as provided in this Constitution.”

The article has conveniently dropped the ‘socialist’ characterization of the republic. It has also dropped the unitary characterization although its Sinhala and Tamil equivalents (aekiya rajyaya/ orumiththa nadu) are introduced instead to create an apparent confusion. I am not competent to talk about the Tamil term, but any political science student in Sinhala medium should know that ‘Aekiya Rajyaya’ is used in political science and law to mean ‘unitary state.’ That is also the case in the present constitution, while unitary term is retained in the English version.  

Therefore why these Sinhala and Tamil terms are used in the English version/draft is not explained, other than some arguing ‘let us look beyond the words.’ These are not just words, but technical terms with definitions in constitution making. I am not a person who would simply oppose federalism, but my concern is about its practicality or rationality at present. When ‘Aekiya Rajyaya / Orumiththa Nnadu’ are used without using ‘unitary state’ and defined as ‘consisting of the institutions of the Centre and the Provinces’ that give rise to suspicion as an effort of smuggling ‘federalism’ through the backdoor. My main criticism is for this devious manner of constitution making without being straight forward, frank and open.       

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Latest comments

  • 15
    1

    I dont think this SPIN DOCTOR has any right to talka bout anything regarding constitution..
    .
    Recalling how this guy backed unconstitutional moves of SILLY AKA SHITSENA since 26 Oct 2018. How can just a basic degree holder agree with SIRISENA s act on that day ? But Laksirisi F did it…..driving us all mad.
    .
    Until then, I thought, regardless of Fernando’s silly mediation of Rajapakshes doctoral awards, LF to be a good guy, unlike that Ultra racist Mahindapala also from Down under. No we should have gone wrong.

    • 8
      0

      Dr. Laksiri Fernando,

      RE: Failure Of Another New Constitution?

      One needs to go with something that works reasonably.

      The British Parliamentary System worked reasonably well over a long period of time. Even in Sri Lanka, the Land of Native Veddah Aethho, Illegally occupied by the Paras, it worked reasonably well until 1972, when Para-Sinhala “Buddhism” was accorded, a special place, and broke the separation of religion and state. It was made worse in 1978 with the executive presidency with meek checks and balances.

      Any constitution, that does not separate religion and state, is going to have flaws.

      • 12
        0

        Prof Laksiri, you and your fellow Sinhalese must feel ashamed of yourselves when looking at how Philippine government has offered autonomy to Muslim majority region. There was no talk of a two third majority in parliament and a nationwide referendum. Autonomy was offered only to the region which is demanding it and not to other regions. No one has said that granting of autonomy will lead to separation. All the areas were brought into one unit, despite in some areas Muslims are in a minority, saying that such areas cannot be merged with Muslim majority areas. Referendum was held only in the area concerned and not the entire Philippines. 85% of the people living in South Mindanao have supported this. In contrast Sinhala racists are giving excuses not to grant autonomy to Tamils and want to truncate the Tamil areas, citing unacceptable reasons. I am sure that what comes out from Sinhala people will be pittance. This is why I have been saying that international interference is necessary to grant justice to Tamils.

        • 2
          0

          Dr. Gnana Sankaralingam,

          “No one has said that granting of autonomy will lead to separation. All the areas were brought into one unit, despite in some areas Muslims are in a minority, saying that such areas cannot be merged with Muslim majority areas. Referendum was held only in the area concerned and not the entire Philippines. 85% of the people living in South Mindanao have supported this. “

          Phillipines does not have Mahawamsa to mess things up.

          Sri Lanka has Mahawamsa to mess things up with its lies and imaginations of Monk Mahanma.

          Besides the Para-Sinhala believes that the Land of Native Vedda Aethho, they stole from the Veddah Aethho, belongs to them, just like the Para-Tamils.

          So, we are talking about dividing the stolen Land of Native Veddah Aethho between the Para-Sinhala and Para-Tamils.

          • 0
            3

            Amarasiri aiya.
            Please enlighten me as to how minorities living within a majority are going to be benefited in a federal setup based on ethnicity and religion unless each unit is further subdivided.
            They will be positively discriminated which means more than 50% of Tamils (all Tamil speaking people irrespective of their religion caste or the date of arrival scattered across the island)
            will not enjoy any benefits of going federal.

            Soma
            (Nothing terrifies a Tamil than the thought of living in a Tamil only enclave)

            • 3
              0

              Soma the incorrigible racist, it is the indigenous Tamils who are demanding self rule either within an undivided state or if it is not forthcoming due to Sinhala intransigence, an independent country. While there is no support for independence, there is widespread global approval for an autonomous Tamil state in Sri Lanka. This is why the present government is dilly dallying though in truth do not want to accommodate such a position, in order to hoodwink the international community. Indigenous Tamils are demanding the return of their sovereignty, which was taken by Portuguese by force and not returned by British. Moreover recent proof based on geology, archaeology and genetics prove that people who were in the island before the advent of a Sinhala race were Dravidians who spoke Tamil or some form of Tamil. Therefore without giving excuses go ahead and formulate a sharing of power and territory with Tamils in a fair and effective manner. Do not be cockish that you can get away from this as very soon stick is going to fall on you.

              • 0
                0

                Dr. G S
                You must appreciate the fact I am the only Sinhalese in this forum who supports a separate Homeland for Tamils (all Tamil speaking people irrespective of their religion, caste or the date of arrival scattered across the island). The moment you define the boundaries of the Tamil Homeland the rest of the island becomes Sinhala Homeland. What you say doctor?

                Soma

                • 1
                  0

                  somass

                  “You must appreciate the fact I am the only Sinhalese in this forum who supports a separate Homeland for Tamils (all Tamil speaking people irrespective of their religion, caste or the date of arrival scattered across the island).”

                  Have you got authority from the Hindians?
                  You are another big mouth mutant Sinhala/Buddhist fascist majoritarian. That all.
                  Keep talking you have the potential to replace Gota, Mahanayake, Weerawansa, …. Gnanasara, ………… one day.
                  Wishing you well.

                  Remember I am the only one who has promised you an exclusive mutant homeland for you and your ilk.

                  A word of caution, you may have to share your bed with Gnanasara and Dayan.

            • 1
              0

              somass

              Please tell us if there is any surgery that will cure your paranoia?
              We should collectively contribute something towards your possible recovery.

              Are you the little islanders’ answer to Vincent Van Gogh, Buzz Aldrin, Emily Dickinson, Einstein, Amartya Sen, Jerry Lewis, KKK leader David Duke, ………….. and Ernest Hemingway?

              Due you know what the potential US presidential 2020 candidate, Tulsi Gabbard told KKK Leader when he supported Tulsi?
              Here is the response from Tulsi:
              “U didn’t know I’m Polynesian/Cauc? Dad couldn’t use “whites only” water fountain. No thanks. Ur white nationalism is pure evil”

              Your mutant Sinhala/Buddhist majoritarian fascism is more than pure evil.

          • 0
            0

            You can have any number of constitutions calling it early editions,late editions etc, but what guarantee is there that it will be adhered to. A few years back (Premadasa’s Time, I believe) government and corporation officers were required to take oaths that they will abide by the constitution.. But as the constitution were changed/ amended so frequently the oaths were not considered seriously like the FR’s and AR’s. The oaths died a natural death. Even now the governments are the worst offenders in violating the constitution(s). especially the Tamil language provisions. The citizens doesn’t have the capacity to challenge like the political parties, as it was successfully done recently.

    • 11
      0

      I dont give a damn to read what this SOCALLED scholar has to say.
      :
      As BB pointed out about, I too cant respect the elderly Prof any more. He betrayed the same manner, going by most abusive Dayana Baluthilaka.

  • 1
    12

    Federalism should be opposed at all costs as +50% Tamils (all Tamil speaking people irrespective of their religion caste, or the date of arrival) who are presently occupying areas outside NE will be heavily discriminated in a federal set up.

    Soma

    • 8
      0

      Gone were the days, people thought psycologists are the psychiatrists.
      .
      Gone were the days, people thought that earth was flat
      .
      Gone were the days, people thought that federalism is separatism (partionining the land).
      :
      So, SOMO, please grow up. If Switzerland, Germany, India and several other countries can have positive results by applying federalism, why not SRILANKA: May well be, I did not live in the rotten island for the last few decades, that may be the reason my to see it different than you the average do.

      • 1
        8

        Simply because Ms Pittubambuwa, neither Switzerland nor Germany ever had minorities amounting to less than 15% of population with a separatist agenda. Switzerland has linguistically divided cantonments. In India, they averted Tamil separatism with linguistically divided state boundaries and 70 million Tamils packed into Tamil Nadu with very few else where. Those outside do not demand nor enjoy parity for Tamil language. Non Tamils can purchase land in TN without Thesevalam constraints. Is that the situation in Sri Lanka? That is why Federalism will pave the way for separatism and not positive results in Sri Lanka.

        • 4
          0

          Mr Evil Eagle Eye,

          Come to the point Mr Evil, the main barrier is not the percentages, but level of racism/extremism governing in our people’s mind set. You re one best example to prove it. Right ? You as octagenarian, stay putting your guys above than the minorities, but if you guys as migrants in DOWN UNDER, you will be the first to join hand protesting your right. That is the same with me being in Europe. But to some extent, european countries have safeguarded the rights of migrants.
          Just listen to moderate tamils and muslim srilankens and what they have got to say it today ” please treat us the very same manner you would treat sinhala people… if they are entitled to enjoy some rights, the very same rights should be of validity to us MUSLIMSs and Tamils, since this is also our country”

          That is why I believe, all that were born to lanken soils should be treated with equal rights as is the case with many nations, that have become successful.
          :
          In Germany the regional govts old their elections by their own, with some areas only are given the powers central govt to join them with making the crutial decisions.
          :
          Even more you will see the admin systems that the Swiss people have introduced in governing that country. There are even tiny administrative units (bezrks)that take their decisions by their own. THose who for example living in Canton -Basel can make their own decisions while the others living in Canton-Zug:

          Quoting yours:.
          .neither Switzerland nor Germany ever had minorities amounting to less than 15% of population with a separatist agenda?

          .
          Germany – yes they have no minority other than the quest working communities that have migrated to Germany after the wars.
          .
          Switzerland ‘s demographis
          Switzerland Demographics Profile 2018
          Population 8,236,303 (July 2017 est.)
          Ethnic groups German 65%, French 18%, Italian 10%, Romansch 1%, other 6%
          Religions Roman Catholic 37.3%, Protestant 24.9%, other Christian 5.8%, Muslim 5.1%, other 1.4%, Jewish 0.2%, none 23.9%, unspecified 1.3% (2015 est.)
          ———–

          • 0
            2

            Ms Dumb Pittubambuwa
            xxx
            Your diatribe notwithstanding, how do the Tamils manage in English, French, German, Norwegian and several other languages in those countries?
            xxx
            We have no interest in those who migrated (both legally and illegally) to Down Under or else where. Those countries are biggining to learn from their folly of tolerance and reverse process is starting albeit slowly with Donald Trump and the Far Right gathering momentum in France, Germany, Austria, Netherlands, Italy, and Poland with others to follow. Those happy in their new found homeland should forget their ‘traditional homeland.’
            xxx
            Equal Rights is a fundamental that must be enjoyed by all, majority and minorities. No objection for use of Tamil in the North. East need be carved up and Tamil majority area attached to the North, Muslims given their own Province and Sinhalese in the East attached the rest of the country to be formed into one Province. Language policy for the three Provinces can be similar to that in Switzerland which means, no Tamil schools outside North and Muslim Provinces and no Sinhalese schools in North and Muslim provinces. Sinhalese and English should be mandatory second languages in two North and Muslim provinces and Tamil and English in rest of the country.
            xxx
            Special autonomous region for Tamils in Plantations but nothing else for those in Kandy etc.
            xxx
            Thanks for the Swiss demographics. You forgot to provide numbers of French speaking French living in German speaking cantonments and the fact they must study in German with French as second language. If not, they have to move to French speaking cantonment. Courts in respective cantonments have to provide translations in other two languages on demand.
            xxx
            SL should introduce Swiss system of national referrandums for major national issues.
            xxx
            Religion in the west was a non-issue until advent of Evangelicals as a result of hordes of migrants paving the way for the likes of Donald Trump. Trump was a by product of the 8 years folly of Barak Obama.

    • 2
      7

      Lot of “thumbs down” shows there are lot of racists who are not bothered about the predicament of +50% Tamils in a federal setup.

      Soma

      • 3
        1

        Soma the outright racist, in 1965 lot of racists did not bother about the predicament of +70% Chinese in a independent setup. Stop harping about this +50% lie, when only about -10% indigenous Tamils will be outside a federal setup to north-east. Do not come out with excuses to deny Tamils their legitimate fair share of land and power. It is the claim of Sinhalese to ownership and rulership of the entire island is racism

  • 12
    0

    no need of lengthy discussion here. It was very clear since independence the Sri Lankan politics is totally based on ethnic issue. Economy, country’s development or foreign policy or anything else never surfaced as an important issue in elections and in popularity in politics. Because of this this so called democratic process as given rise to two sets of thieves to rob the country in turn. One group will protect the other when they are in power and vice versa. That is the eventual nature of democracy in this country. What has Ranil told yesterday ” why are you all panicking. even the draft of the new constitution is not there” what he exactly means is that we are not going to compromise anything for the sake of minorities its only an eye wash why are you panicking. TNA was taken for a good ride. because Sumanthiran can talk but lacks political maturity to understand the nature of political discourse in this country. Sumanthiran’s lack of understanding of politics in this country was clearly shown when he said that he can go to Sinhala villages and explain the nature of the new constitution. Sambandan at his ripe old age doesnot have the required energy to drive the politics from front seat instead now he comfortably sits on the passenger seat and allows Sumanthiran to drive. This exercise of new constitution is bullshit. to enact a new constitution there needs to be a referendum the conclusion of which is long foregone.

    The democratic political discourse in this country has come to an end. There is only one issue that is important in the functional aspect of democracy, that is the ethnic issue, and this has resulted in the creation of 2 groups of thieves who will rob the country in turn. This democratic discourse has move us to the brink of dictatorship!!!!!

  • 3
    5

    I agree with Prof Laksiri Fernando about the devious manner adopted without being straight forward, frank and open.

    If the experts could not be forthright at least in constitution making and on the other hand try to deceive one or the other, the fate of that jugglery is not difficult to imagine.

    That constitution making process is rightly in the dustbin!

    However the history of constitution making in Sri Lanka has been a farce.

    Who are Lord Soulbury, Ivor Jennings, Colvin R. de Silva J. R. Jayewardene or the experts in the constitution making exercise?

    It is the people, -neither the politicians nor the constitutional lawyers who could be in the forefront.

    Then only the words “democracy” and “sovereignty”/ could have any meaning.

    How the people could do it? is another question. There are historical precedents to formulate a peoples constitution!

  • 10
    1

    The original 1948 constitution by British did not give any priority to Sinhala language or to the Buddhist religion but it included some protection for minorities. After 1956 racism and Buddhism took control of the country and in 1972 with the complete withdrawal of British the Sinhala racism and Buddhist fundamentalism took full control of the constitution with surrender of left wing Communist Party and LSSP. They converted themselves as Buddhist Sinhala Fundamentalists. The rivalry with two richest families started to play their politics with minority Tamils lives with violence inturn. This continued until now but another family took over SLFP. Sinhalese population in this island is 75% and therefore you should not expect any constitutional change whether it is new or amendment will include a change of devolution that is meaningful. Even the 13th amendment is nota meaningful devolution and they can even remove that with another two third majority. Even now they do not allow the law to punish a drug dealer if he is a Buddhist and supported by Buddhist leadership.
    Dear Laksiri,
    This is not about new constitution. This is about granting North East devoloution. This is about racism.

  • 2
    6

    TNA consist of Vellala elites do not want Elam. They want a confederated country in which they have full control over land and Police to keep their land and oppress low caste people while enjoying the luxurious life in Colombo.
    ——————-
    Uncle Sam may be more interested in Elam so that they can have full control of Tirikunamale harbor and surrounding area to establish an Army Base Camp.
    ————————
    Naganada Kodituwakku who appeared in TV Derana 360 Degrees program told that this Government is going to make some amendments to an agreement signed during Rajapakse regime allowing US soldiers to walk in streets in their uniform carrying firearms. US soldier who commits a crime cannot be tried in this country. They are going to have a separate radio frequency that cannot be monitored by Sri Lankan Government.
    ——————-
    Cunning reincarnated Don Juan Dharmapala denies that this Government is signing an agreement with US. He is right. Not signing a new agreement but amending an existing one.
    ——————-
    An Investment Zone will be established in Tirikunamale where only anti-China mafia USA, Japan and India can invest.

    • 4
      0

      Eagle, Eye,
      I dont think young sinhala people would disagree with feralism.
      Those who have studied it as a systems bieng succeesful in Switzerland, Canda, India, Germany or like minded countries would reveal you. Diplomats working in those countries should reveal the truths.
      Lanken diplomats are like the politicians. Most of them, almost everyone is either lethagic or do their own busiensses as ASP Liyanage and Jaliya Wikamasooriya the like ballige puthas did the job which became public secret.
      Now, I think if any govt (President and PM) are genuine with lanken issues, they should rather work with diplomatic missions and get most useful info before going to amend our constitution.
      There extremists forces should be kept away, by force, witht he direct mediation of lanken forces. Else, we will only be busy with the issues, also for enother few decades.
      BP Rajakshes should be hung by their balls, if his forces inflict the riots on minority folks in the country. All these are clear to SILLYSENA but he has proved not once several dozens of times, that he is a penisless male.
      Today, as if he did iit rounding up the DRUG kinpin, he makes big statements to the very same DONKEY dominated nation, but this bugger has done nothing to be praised sofar.
      He should be the first to be hung if gallow would be brought back.

      • 1
        1

        Desperate Sinhalaya,

        A governing form of a country should not be decided on how many countries have adopted them. Rather it should be decided on the historical context which it was mandated upon.

        • 2
          0

          Shenal

          “Rather it should be decided on the historical context which it was mandated upon.”

          Please explain.

        • 2
          1

          Shenali the outright racist, governing form of a country should not be decided on historical context, but on archeological context. In Sri Lanka history has been distorted with lies, half truths and myths. The recent archaeological, geological and genetic findings have proved that the written history of Sri Lanka is false. Veddhas being the original occupants of the island, Dravidians who spoke Tamil or some form of Tamil have been present in the country before advent of Sinhala race. Do you advocate to ignore scientific proof to advance your racist ideology.

        • 2
          0

          Shenali,
          .
          Is that because that our SINHALA race above any other races ? Or we inherit such a long history of 2500 ?
          .
          Why you guys seem to be that adamant ? Are we not an another poor country or not ?

          what historical context you ve been refering here, …. which is not similar to that of any other like minded countries?
          .
          Is it not high time to over come the innereschweinhund (people’s weaker self) ?.
          .
          Do you guys want the LOADs of same problems be passed to next generations ?.
          :
          Why Rajaapakshes B****putha allow to ruin this nation this way ? Is this their own property ?

          You may have been born yestreday, none of htem seem to be respecting the mandate they are given. If SILLYSENA would have been hung by his balls tomorrow, for the greatest even betrayal he made now, not just 6.2 mio, but over 7 or more millions would have become happy.
          :
          Who does he think he is? SILLYSENA is one another dog that knows nothing but to abuse the very same population for his power extension.

  • 2
    5

    I thought the Constitution making is serious business.

    One would have thought, it is to look after the inhabitants and their children and grand Children and great grand children and even more generations going forward.
    And to ensure they have a level playing field to get out of Poverty and live happily as equals in any part of the Land while keeping it in one piece .

    But Not to jig the country to suit the Whims , Fancies of our Politikkas and their mates in other Countries.
    Out of the ten so called Experts, four have dropped out or sacked.
    That is 60 ; 40 , even among the cream of the crop of “Constitutional” Dudes.

    But Dr Ranil and Mr Abraham Sumanthiran say “We the people of Srilanka present this Ormiththa Nadu ? Akeeya Rajyaya to you Inhabitants..
    Do the great majority of our Inhabitants understand all that?.

    Dr Laksiri is right on the money about Dr Ranil and Abraham’s attempts to smuggle in a Federal Constitution through the back door in Kotte.

    As Dr Laksiri says Federal is not a bad thing if it is only 4 States max, where there are strong Police and Procedures to give all inhabitants a fair go, irrespective of whether they celebrate Deepawali, Vesak, Xmas or Ramasan..
    And the Crooks and the Cheats are kept at Bay..

    But not nine separate Federal States with Tamils , Muslims and the UNP Elite and their mates in Colombo having one each .
    And the rest are dumped into the other Six .to be run by the current lot of Politikkas who are rotten to the Core..

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    Prof though you do not deserve any respect after MS saga, an answer to your article is warranted. Do you actually think this all about the constitution, wordings and how it can be implemented. After all the same constitution as been repeatedly trampled by our own politicians who formulated in the first place. How many pacts and agreements have been signed in the past to see soon to be dumped in garbage. How many pacts were mere eyewash to escape international wrath/actions.If you look into history every pogrom is followed by a pact or a constitutional amendment. It is 10 years now since end of war where people are in search of missing ones. And now just before Geneva sessions RW is requesting parliament approval to implement South Africa like commission. Dude Lankans have up to now survived by lying, deceiving and BS.The world is tired of you and has had enough. It is about commitment,will, being genuine , honest and putting the country before self. Which none of our crooked politicians had , have or will have. PERIOD.

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    Laksri,

    Stop theorising about something which is Hypothetical . Currently it is all about whether Sri Lanka will be Sovereign after the forthcoming General Election. With the UNP offering change to the Constitution and Federalism and Mahintha campaining on COLONISATION the stage is set for an election which will seal Sinhala Lankas future. Pitched against the two options above your man the THUG ( on whom you hoisted a PhD ) will sweep the board with a racist electorate behind him. Every cloud has a silver lining and bringing back Mahintha back will bring Sri Lanka into an Indian FEDERAL STRUCTURE. Make nomistake. Just look at Maldives . India has rescued Malidives from the clutches of China by pouring in billions (which even Trump applauded) but at a price. A military presnce to which Maldives has succmbed
    Wake up and see the Danger Mahintha poses. But if you want to be an Ostrich it will be your choice and you woud have finally paid a price for Nanthikadal .
    Pass on the message to Mahintha , Gotha , Basil , Weera the Wansa and also last but not least Dayan

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      Prof. Laksiri Fernando

      I was impressed all these years with your genuine approach to help resolve the National Question to some level of satisfaction to the main players. In recent times, however, you seem to have abandoned your neutrality and now sing for the Sinhala extreme – MR and Sirisena’s tune – to be exact. But that, Sir, is your prerogative. As for me, even the good efforts of other scholarly well-wishers in the political landscape and civil society will all come to nought because those who actually make the final decision in all major matters of national importance are the main Mahanayakas. In their super wisdom, probably taking a cue from those obstinate and yet powerful Mullahs in Teheran, they have openly pronounced the country does not need a new Constitution. That is the end of the story. As to
      Parliament, the Voice of the People and decades of costly input. My Foot!!! They care little about the voice of those who were protected by the ENTRENCHED CLAUSES of the Jennings Constitution and were then ditched by Colvin’s 1972 job. The congenitally anti-Tamil Tambimudali then emerged from “Braemar” in Ward Place, De Gaulle fashion, and created an all-time stalemate with his 1978 majoritarian masterpiece. We are stuck there. BTW, was the LTTE the only player in getting rid of Neelan?

      The only way out, if there is one, is for the future co-owners of this piece of S.E. Asian Real Estate – the Chinese and the Indians – to have a few sit-downs in the next few decades and decide the fate of our divided land. Remember the fate of King Alakeswara in the hands of General Zheng some centuries ago when Alaks was given an enforced holiday in China. That was more to reach him who calls the shots. History, they say, has a habit of repeating itself.

      Vanangamudi

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        Vanangamudi,
        Many would agree with you. Unfortunately, LF is no longer the same person. I kept much hopes on the scholar until 26th Oct 2018. For some hidden reasons, his has been bought by the extremists under the guidance of Rajapakshes.
        I had a greater respect on Prof. LF, but I today I really dont know how I could ever trust the kind of seniors in the country.
        I really dont know why even seniors betray their soul, just because some extremists groups may offer them some perks.
        Not just septagenarian of LF nature, but Dayan Jaythilaka is the LEAD of sinhala racists. He just entered the SIRISENA administration, but we never know how he would all of sudden stand even against the current govt.
        These men have something in common – that is bloody sinhala genetics. I am ashamed to call me SINHALAYA today.

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    Dr G S
    Why do you always avoid answering my question what is your definition of ‘Tamil Nation’ in respect of a political solution?
    My definition is
    “all Tamil speaking people irrespective of their religion, caste or the date of arrival, scattered across the island.”
    What is the definition adopted by TNA when they agitate for a ‘solution’? I have yet to see anywhere they mention that they represent only the Hindu/Christian Tamils in Jaffna.

    Nothing is more hypocrical than this demand for the right to live anywhere while demanding a separate Homeland at the same time. The moment you start justifying the right to live anywhere the whole rationale for a Homeland falls flat on its face.
    What is this hullabaloo about genocide, discrimination, etc. etc. if a single Tamil says I want to stay with the Sinhalese, leave aside +50%? This is what I call the HOLIDAY RESORT MODEL OF TAMIL ESLAM.

    Soma
    ( Tamil racist donkeys on CT need some preliminary coaching in logic.)

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    By antagonising the Minorities in SL, the Sinhalese hasn’t achieved development or progress to make it a developed country such as Singapore.
    The Sinhalese who wants a non racist multicultural SL should be supporting the New Constitution that guarantees all Provincial Councils to have powers that will make them motivated to develop.
    Police and Land control should be allocated to the PC.
    Sinhalese need to come to a quick conclusion whether they want to continue to discriminate subjugate terrorise their minorities and bring Chaos to SL or not.

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      Mr. Naman
      Write down the positives of federalim and demonstrate that at least 90% of Tamils (all Tamil speaking people irrespective of their religion caste or the date of arrival). are benefited taking into consideration their demographic distribution across the island. On the contrary +50% of them presently living outside NE will be subject to heavy discrimination at the hands of Sinhala racists who will try to out do Tamil racists in the North at every turn. With land rights come the ownership of natural resources, major one being water. Incidences like Mavil Aru and Aluthgama will be common occurrences.

      In a federal Sri Lanka people will be walking from province to province dutifully aided and assisted by Provincial police.

      Federal Sri Lanka will need huge military resources to keep it federal.

      Soma

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        Dear Soma

        I see the logic in your argument and is not racists. Stating facts as you see them requires credible/respectful response.

        The FP was formed protsting the citizenship act of the Indian Tamils (GOSL was only thinking of deporting of the workers who arrived in SL within the last 10 years before Independence). All parties had a duty to look at this objectively and discuss not taking up language causes?? This followed the 50-50 earlier? without offering Indian Tamils the opportunity to move to Tamil Kingdoms up North a logical argument would have been then?

        Having lost the trust of the Sinhala government and their need to educate/employ and give equal opportunity to Sinhalese too in the newly born country these individuals have put the Tamil people of SL in the wrong trajectory from day one? Then the FP took this case to Jaffna (what Jaffna have to do with this issue except they needed a space/voters to be elected) and lost several elections then before one or two with’ Tamils’ causes got elected then??

        Instead of focusing on the low cast Tamil human rights/parity the energy was focused on new unknown confrontaions (records show SL Sinhala and Tamil relations were fine before all this etc).Then through divisive politics/mis information/intimidation/bullying/harassment/rubbing the needy Sinhalese and Tamils in the wrong end/killing there opponents the democracy in SL was taken new heights by the FP/TULF. We sold our children to TN gutter/ghetto politics.

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          The responsibility(Independence/self rule) was for all to take care of each other…the haves ‘Tamil and Sinhala elites’ vs the have nots ‘rural/peasant Tamil and Sinhalese + low caste categories the worst form ion human rights abuse in the planet + Indian Tamils slaving away in the hill country’ did not want to share the colonial heritage?

          They all discussed matters ‘hob nob’ while the rest of the ‘majority Sri Lankans’ needed social justice after 450 years of colonial rule This unqualified to be politicians/social workers a bunch of Lawyers instead of learning on the job to plan and excecute economical projects got to do what they are good at that is to create a crime and spend time making a case for and against?. Even today the parliament is a court room drama played out by the same misfits in the name of Tamils and Sinhalese who has sacrificed our Nations children without any hesitation to date. You and me will be way down the pecking order as we are lucky to be alive to date having raised decent hence you are a racist and I am turn coat?. If we were in Vaddukottai in 1970’s we would both be dead by now under democratic values/devils advocay practised then be assured. Now they need the Constitutional change to practice the same again in the North and East because as for the first time the armed forces will not let the pathetic to abuse their children in the TN training camps…….LOCKED IN THE PARLIAMENT WITH THE JVP……as a kind gesture JVP explained the Constitutional process to MR realy? and now we need to follow the Philippines model instead as some realise the unrealistic process they have promised the voters up North yes and East? not so sure once again.

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    Ask any one of them how many Sri Lankan brethren who ended up in India as refugees for the past 40 years got Indian citizenship?? will give you all the answers you need of this folly.

    Ask how many locked up homes in Jaffna belongs to the diaspora habited by the snakes and termites are given to the Internally displaced people pre and post 2009 you will find answers on human dignity?

    Ask why we have shortage of teachers for our children when the so called educated diaspora helping the world at intellectual level to survive?

    When you ask why the Tamils have not moved to Jaffna and shaped a future for Jaffna you will be called the racist and will be told because of the armed forces have taken up the entire land???

    When you ask why we have all landed in Jaffna in ship loads after the good governance you will hear the war crime investigations are bot complete hence not a suitable place for habitation?

    Then you ask what is he fear of Sinhalese when 50% lives amongst them anyway I will let you know when the world ask them the same question too? Have there been any investigation of all the killing done by the TNA since 1970 I will say this will be conducted for sure by the GOSL soonest even before the war crime investigations as we need to follow a sequential order in crime solving correct…then we focus on the constitution will enshrine that all are equal following the above convictions.

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    In my eyes even SJV was ok because he did not kill others to make his case. It was the democratic rights exercised and was duly accepted by us all be it different politics. Once you start telling someone what to believe under duress then is no longer a case or a cause to be heard nor allowed. But we did to an extent the narrative Tamil and Sinhala was allowed as though someone voted for these ideas………….50% Tamils up North and East vote for many believes and someone got elected up North and East since 1977 before and after 40 years of miserable war is a mandate for what??

    We need to plot a graph for the same category as per the number of deaths in the country since. independence……………Pre Independence, 1948-1970, 1970-1977, 1977-2009, 2009-2019 and should be displayed at the UN. Separate the JVP ventures from the TULF venture for the extra clarity will show us the reality of this folly. This will also show the GOSL unbiased dealings any will show they allowed the Tamil militaency a longer period to be brought under control as suppose to the JVP venture brought to a close much faster?? may be foreign governments played their roll play such you and me will hate each other more???let the Tamils kill each other perhaps???

    Ensure the graph/plot captures the real Tamil population in each constituents meaning North and East vs the rest of the country. The voters/mandates will all disappear in the global discussions faster than you can imagine.

    Then your proposals will need to be implemented that is to force the Tamils around the country (including the upcountry Tamils) to move to the North and East enclaves for mandate purposes for the UN discussions of the TNA folly?

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    Then you ask all the diaspora to be returned in ship loads back to the North and East to live in their enclaves under federalism or be it separatism whatever no worries. Then you merge the North and East and give land powers and police powers too. Then you return the refugees from India too for the extra measure. (for safety purposes please remove all the Sinhalese from this areas temporarily at least for the time being please)

    Then you will see why Palestine is nothing compare to us regards to human indignity. Then you bring the superpowers to set up bases throughout the island before you know you got Vietnam/Korea/Sudan all in one place together for a divided progressive Nation. Bangkok and Philippines are now nothing for entertainment as they have become more Nationalistic and Patriotic to be foreign playgrounds now our sons and daughters can now do the entertainment/service industry.

    Then you ask the same guy to say something about Philippines and why Muslims have to be rightfully treated and ask which part of the North and East is self autonomy for the Muslims too??

    Basically get the Israelis to come and build the walls and wire fences along all the North and East and watch the show from the other side…….just incase we survive this devolution for all the right reasons and start breeding remember we were 5 million in year 1900 and 21 million now (total population growth of SL)….so working out the land mass issues for this growth in the North and East means reclaiming land from the sea maybe?? I will let the Global Tamil Forum to answer this as I am a bit unqualified on this area…did a say area?….sorry I mean the way forward Dude’s.

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    Hence I always shared with you should not equate Tamil speaking people with a party named after Tamils and as the innocent Tamils who lost everything before the mafia started affecting the Sinhala people?. Why you punish the same Tamils?? please they are really traumatised people and leave them alone to enjoy their country SL along with all those who were born in the land their brethren Sinhalese with love and respect please.

    It is the same that I do not equate Sinhala racists/mafias with Singhalese people ever. The same applies to all the communities of the world too.

    Hence I argued the Provincial councils are OK in a normal country but not for us with current geo political interest in the region…..we should abolish them…..and was a great mistake by Hon MR under pressure from the International players perhaps to make this happen??

    We should also ban identity politics/race/religious/language parties and bring a National Security Act. Finger printed IC for all the citizens.

    Then we will be a normal Nation again can think about leading a dignified life AWAY FROM THIS ABSURD DISCUSSIONS FIRST TIME SINCE INDEPENDENCE.

    It will also be great if we can generate a National anthem mixed in both the languages would be a great patriotic thing to do too??

    This is the human spirit and the unwritten constitution we need named the ‘Thiagarajah Doctrine’ for a beautiful Sri Lanka and her new blossoming future generations.

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