A total of 99 organisations and 83 individuals have joined hands to urge the members of the Constitutional Assembly and in particular the Steering Committee, to ensure that the new constitution of Sri Lanka is underpinned by a substantive recognition of the obligations of the state to further social and economic justice and rights.<\/p>\n
In an open letter dated on September 13, the signatories called on both the Constitutional Assembly and the Steering Committee to also take immediate measures to ensure fullest levels of transparency in the process. \u201cThis includes rendering all submissions, reports and official record of deliberations public and ensuring that sufficient time is set aside for meaningful public scrutiny and discussion of the draft constitution thus produced,\u201d the letter said.<\/p>\n
The letter was signed by 99 organisations representing social movements, trade unions, and organisations working to protect the rights of women, minorities, farmers, fishers, workers, teachers, persons with disabilities, sexual minorities, and the environment, and endorsed by 83 individuals including academics, scholars, lawyers, teachers, social activists, writers, human rights defenders, journalists, and professionals from various backgrounds.<\/p>\n
We publish below the letter in full:<\/p>\n
We, the undersigned organisations and individuals, call on all members of the Constitutional Assembly, and in particular the Steering Committee, to ensure that the new constitution of Sri Lanka is underpinned by a substantive recognition of the obligations of the state to further social and economic justice and rights. Firstly, we note that this will be in keeping with the large number of submissions made in this regard to the Public Representations Committee on Constitutional Reforms (PRC) from across the country. This is clearly reflected in the PRC\u2019s own extensive recommendations on social and economic justice, especially those contained in the report\u2019s chapters on the \u2018Directive Principles of State Policy\u2019, \u2018Fundamental Rights\u2019, \u2018Public Finance\u2019, and \u2018Land, Development and Environment\u2019 respectively.<\/p>\n
Secondly, the new constitution must unequivocally crystallize Sri Lanka\u2019s own post-independence history of public provisioning in areas such as health, education and social welfare. This is central to ensure more effective safeguarding of basic entitlements and rights central to freedom, dignity, well-being and human security. This is also critical in the light of the social, economic and environmental costs of monetary, fiscal and trade policies that are widening inequality and precariousness, sharpening regional imbalances, and weakening social policy; processes that have been aggravated by the war as well as post-war approaches to reconstruction and development.<\/p>\n
Thirdly, we stress that the constitution must a) place obligations on the state to ensure distributive justice through inclusive, equitable, regionally balanced and sustainable development and b) provide recourse to citizens to claim and enforce their rights in regard to these obligations. This is in keeping with the letter and spirit of Sri Lanka being not only a democratic but also a socialist republic. Moreover, this is also in keeping with Sri Lanka\u2019s obligations as a state party to the International Covenant on Economic Social and Cultural Rights\u2014under which it must take deliberate and concrete steps towards meeting its obligations\u2014as well as its commitments to goals under the 2030 Agenda for Sustainable Development.<\/p>\n
Fourthly, we call on the Constitutional Assembly to ensure that through their recognition in the Bill of Rights or as Fundamental Rights, the constitution enables the judicial enforcement of economic and social rights with respect to: education, health, food, water, adequate housing, social security, a living wage, decent and safe work, freedom from forced evictions, and a safe, clean and healthy environment. A Bill of Rights or a Fundamental Rights chapter that only recognises civil and political freedoms not only undermines the indivisible and interdependent nature of rights and entitlements but also seriously imperils the well-being and security of a large section of the country\u2019s population.<\/p>\n
We also underline that there is no evidence suggesting that judicial enforceability of economic and social rights inevitably leads to excessive judicial encroachment on policy or unreasonable constraints on the Executive\u2019s or Legislature\u2019s power to allocate and expend resources. On the contrary, it can and does lead to greater accountability and checks and balances on the objects and outcomes of social and economic policy.<\/p>\n
Fifthly, we stress that a constitution that fails to address deprivation, distributive injustice and inequality between and across the peoples of Sri Lanka and its different regions will not secure the foundations of justice or peace but sow the seeds of future conflict. A constitutional order that formalizes a polity of contradictions in which political equality sits alongside social and economic inequality will eventually threaten the structure of political democracy itself. The Constitutional Assembly and the Steering Committee are duty-bound to guard against this by ensuring a constitution that guarantees civil, political, economic and social justice for all.<\/p>\n
We note, finally, that an expectation reiterated time and again during an inclusive and participatory PRC process was that the new constitution would result in a fresh social contract between citizens and the state. As is clear from PRC\u2019s report, central to this expectation is the enshrining of social and economic justice and rights, which are judicially enforceable, within the constitution. A failure to do so will amount to a betrayal not only of this expectation but also of the PRC process itself.<\/p>\n
Indeed, we note with grave concern that the current post-PRC phase of the constitutional reform process has been very non-transparent, whether with respect to the working of the Steering Committee, the six Sub-Committees, and the Panel of Experts or the overall time frame and process. Contrary to articles 4 and 11 of the resolution that converted Parliament into the Constitutional Assembly, no meaningful attempt has been made to institutionalise transparency and disseminate or broadcast such information to the public.<\/p>\n
The lack of transparency is almost certain to have adverse consequences for the rights and interests of those on the socio-economic margins of the polity. We therefore call on the Constitutional Assembly and the Steering Committee to also take immediate measures to ensure fullest levels transparency in the process. This includes rendering all submissions, reports and official record of deliberations public and ensuring that sufficient time is set aside for meaningful public scrutiny and discussion of the draft constitution thus produced.<\/p>\n
Endorsed (as of 13 Sep. 2016) by 99 organisations country wide including social movements, trade unions, and organisations working to protect the rights of women, minorities, farmers, fishers, workers, teachers, persons with disabilities, sexual minorities, and the environment. It has also been endorsed by 83 individuals including academics, scholars, lawyers, teachers, social activists, writers, human rights defenders, journalists, and professionals from various backgrounds.
\nList of organisations and individuals who have endorsed the statement as on date<\/p>\n
Organizations<\/strong><\/p>\n Ampara District Organic Farmer’s Society Individuals<\/strong><\/p>\n Ahilan Kadirgamar […]<\/p>\n","protected":false},"author":22,"featured_media":154148,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,1,2375],"tags":[],"class_list":["post-167657","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colombotelegraph","category-news","category-stories"],"yoast_head":"\n
\nApe Shakthi Women’s Organization, Polonnaruwa
\nArthacharya Foundation, Galle
\nBatticaloa District Fisheries Solidarity Organization
\nBio Diversity Research and Information Training Centre, Badulla
\nCentre for Environmental Justice (CEJ)
\nCentre for Human Rights and Community Development (CHRCD), Kurunegala
\nCentre for Society and Religion (CSR)
\nCentre for Women\u2019s Research (CENWOR)
\nCeylon Federation of Trade Unions (CFTU)
\nCeylon Teachers Union (CTU)
\nCeylon Workers Red Flag Union
\nCommercial and Industrial Workers Union (CIWU)
\nDehena Participatory Foundation, Kandy
\nDevasarana Development Centre, Kurunegala
\nDiakonia
\nDigili United Farmer’s Organization, Matara
\nDistrict Fisheries solidarity organization, Addalachenai, Ampara
\nDomestic Workers Union
\nEkabaddha Praja Sanwardhana Kantha Maha Sangamaya , Ratnapura
\nEnvironment Conservation Trust (ECT)
\nEnvironmental and Community Development Information Centre, Rathnapura
\nEqual Ground
\nFood First Information and Action Network (FIAN) – Sri Lanka Chapter
\nFriends of the Earth, Sri Lanka
\nFuture in Our Hands Development Fund, Badulla
\nGrameeya Swashakthi Athwela Organization, Galle
\nGrassroots Training Institute, Kegalle
\nIndigenous Seeds and Environmental Farmer Organization, Anuradhapura
\nIsuru Jeewithodaya Foundation, Nuwaraeliya
\nJaffna District Fisheries Solidarity Organization, Jaffna
\nJana Vijaya Environmental Farmer Foundation, Rathnapura
\nJanawaboda Kendraya
\nJanothsa Development Foundation, Rathnapura
\nKalewani Farmer Organization, Batticaloa
\nKalutara District Fisheries Solidarity Organization, Beruwala
\nKandurata Environmental Development Forum, Kandy
\nKandurata Women\u2019s Foundation \u2013 Kandy
\nKilinochchi District Fisheries Solidarity organization, Poonagari
\nLaw and Society Trust
\nManawa Praboda Foundation, Anuradhapura
\nMannar District Fisheries Solidarity organization, Mannar
\nMannar Women’s development Federation
\nMiridiya organization, Polonnaruwa
\nMotivation Sri Lanka
\nMovement for Land and Agricultural Reform (MONLAR)
\nMovement for the Defense of Democratic Rights
\nNational Association of Trade Union Research and Education (NATURE)
\nNational Fisheries Solidarity Organization (NAFSO)
\nNational Front for Good Governance (NFGG)
\nNegombo Lagoon Fisher People’s organization, Negombo
\nNGO Consortium, Batticaloa
\nNikasala Community Organization, Anuradhapura
\nOxfam
\nPahala Uva Community Development Institute, Monaragala
\nPahatharata Community Organization Forum, Matara
\nPassara Citizen\u2019s Forum, Badulla
\nPeasant Information Centre, Kurunegala
\nPeople to People Dialogue on Peace and Sustainable development, Negombo
\nPeople\u2019s Movement for Community Awareness, Vavuniya
\nPlantation Community Development Forum, Badulla
\nPlantation Social Development Institute, Nuwaraeliya
\nPraja Abilasha Land rights Network, Negombo.
\nPraja Sahayogitha Sanvidanaya, Polpithigama, Kurunegala
\nPraja Shakthi Development organization, Karuwalagaswewa,
\nProgram for Women\u2019s Economic Social Cultural Rights (PWESCR)
\nProgressive Farmers\u2019 Assembly, Polonnaruwa
\nPuttalam District Fisheries Solidarity Organization, Thoduwawa
\nRed Flag Women\u2019s Movement
\nRural Women\u2019s Front, Galle
\nRural Workers Organization, Urumpirai
\nSamadanam, Kandy
\nSavisthri
\nSenarathgama Environmental Farmer Organization, Kandy
\nShramabhimani Kendraya, Negombo
\nSiriliya Women Farmer organization, Mahiyanganaya
\nSmall Farmers\u2019 Organic Produce Production and Collection Society, Kandy
\nSouthern Fisheries Organization, Galle
\nSouthern Fisheries Organization, Matara
\nSri Lanka Nature Group (SLNG)
\nSri Vimukthi Fisher Women Organization, Negombo
\nSuriya Women’s Development Centre Batticaloa
\nSuwashakthi Sanwardana Parshadaya, Mahiyanganaya
\nSwami Nadaraja Nandaji Child Rehabilitation Centre, Batticaloa
\nTissa Jaya Child Welfare Foundation, Kandy
\nTrincomalee district fisheries solidarity organization
\nUnited Farmer Federation, Anuradhpura
\nUnited Federation of Labour
\nUnited General Employees\u2019 Union
\nUva Community Development Centre (UCDC)
\nUva Paranagama Suwashakthi Parshadaya, Badulla
\nUva Rural Development Foundation, Monaragala
\nUva Wellassa Women\u2019s Organization, Badulla
\nVishwa Shakthi Sanasa Organization, Nuwaraeliya
\nWomen\u2019s Resource Centre, Kurunegala
\nWomen\u2019s Rural Development Society, Ampara
\nWomen’s Action Network
\nWomen’s Coalition for Disaster Management Batticaloa
\nWomen’s Development Centre, Kandy<\/p>\n
\nAjanee Casinadar
\nAnanda Galappatti
\nAnuratha Rajaratnam
\nAthula Samarakoon
\nAthula Kumara
\nBalachandran Gowthaman
\nBalasingham Skanthakumar
\nBishop Duleep de Chickera
\nBuddhima Padmasiri
\nChandra Jayaratne
\nChulani Kodikara
\nDr Danesh Karunanayake
\nDeanne Uyangoda
\nDhanushka Rajaratnam
\nDileepa Witharana
\nDr. Dinesha Samararatne
\nDinushika Dissanayake
\nElangeswary Arunasalam
\nErmiza Tegal
\nGamini Kulatunga
\nHalik Azeez
\nHans Billimoria
\nDr. Harini Amarasuriya
\nDr. Harshana Rambukwella
\nHarean Hettiarachchi
\nHerman Kumara
\nHilmy Ahamed
\nDr. Jayadeva Uyangoda
\nJayantha Dhanapala
\nJeyashanthini Winifred
\nKalyani Suntharalingam
\nKarthiyayini Sathiyaseelan
\nKayathri Thangarajah
\nKrishantha Fredricks
\nKumudini Samuel
\nDr. Kumudu Kusum Kumara
\nLakshman Gunasekara
\nDr. Liyanage Amarakeerthi
\nMadhava Meegaskumbura
\nMahalaxumi Kurushanthan
\nMahinda Hattaka
\nMarisa De Silva
\nMirak Raheem
\nMuhammed Muzzammil Cader
\nDr. Muttukrishna Sarvananthan
\nNalini Ratnarajah
\nDr. Nimalka Fernando
\nDr. Nirmal Ranjith Dewasiri
\nPadmini Weerasooriya
\nPavithra Kailasapathy
\nDr. Pradeep Peiris
\nPrabhath Jayasinghe
\nPrimal Fernando
\nRajaletchumi Kandiah
\nDr. Rajan Hoole
\nRashmini de Silva
\nProf. Rohan Fernando
\nRuki Fernando
\nDr. Dr Ruvan Weerasinghe
\nS. Arivalzahan
\nS.C.C.Elankovan
\nSanjeeva Mathripala
\nSarala Emmanuel
\nDr. Sepali Kottegoda
\nSetheeswary Yogathas
\nShenali De Silva
\nShreen Abdul Saroor
\nSilma Ahamed
\nDr. Sitralega Maunaguru
\nStella Phillips
\nProf. Sumathy Sivamohan
\nT.M. Premawardhana
\nTehani Ariyaratne
\nThyagi Ruwanpathirana
\nUpul Kumarapperuma
\nDr. Vagisha Gunasekara
\nVelayudan Jeyachithra
\nVernusri Puvanedran
\nViola Perera
\nWasanthakala Piradeepan
\nZahabia Adamaly
\nZainab Ibrahim<\/p>\n","protected":false},"excerpt":{"rendered":"