Wide spread discussion has started on the coming constitution though no proposal has been given to the constituent assembly so far. Excellent! All other problems should recede and allow time for this fundamental discussion. We can start from accepting that Lanka is the home of several nationalities and smaller communities. Scientists say that all three nationalities Sinhala, Tamil and Muslims are ethnically identical, while Vedda and other smaller communities are slightly different. So we can stop talking about ethnicity and confine the discussion to nationalities and national unification.
We all believe we have a right to this island. In such a situation solution should come on the basis of equality, autonomy and the right of self determination. If we cannot agree, and become Lankans all, sadly country will break up with UN intervention as it happened in Serbia. Or we live in continue rivalry and terror until foreign intervention.
Asgiri Mahanayaka Thera has demanded executive presidency should be included in addition to foremost position to Buddhism. Latter is already in the present constitution and apparently no body has demanded to remove it. Similarly unitary nature is there while devolution has given power to periphery. So, discussion can go on. But I have the right to continue my struggle for a better constitution based on the three principles I believe in. Already I was attacked by people who are against a new constitution and Lakshan Dias helped me to take the matter to courts. Then comes the threat to Lakshan and we had to fight to protect him. So the struggle for democracy is many sided.
Democratic Tamil leaders
Then we hear that Lankan police shot dead a Tamil man in Jaffna. Though suspected of been involved in illegal sand mining, what is known for certain is that Yogarasa Thines was completely unarmed. The police decision to gun him down is already accepted as disproportionate, but sadly appears as a part of Lankan state violence against Tamil civilians, amidst a culture of impunity. The frustration at the killing of yet another Tamil boiled over, some locals burnt tyres, blocked roads and damaged a police post in demonstrations. How can this happen in this time of intense debate and action for reconciliation? Is it a sabotage action? In any case firm action necessary to give confidence to the democratic Tamil leaders.
Whilst the South too has suffered from the excesses of Lanka’s militarization, there is an inescapable difference. The sheer extent of the violence, with tens of thousands of Tamils killed or unaccounted for, alongside an interest to seek accountability for those crimes, reveals a disparity in both scale and context. All whilst the very same Sinhala soldiers that Tamils have witnessed commit acts of violence, continue to occupy their homeland in massive numbers.
The lack of sorrow from the Sinhala press, Southern civil society and the general public towards Tamil deaths – including the killing of Thines, shows inequality that prevails in the Lankan society. It has now been well over two years since this government came in to power. Despite repeated reassurances to the international community of a profound transformation towards ‘good governance’, a lack of tangible action in this case will only add further evidence that impunity still reigns.
Constitutional proposals
President Maithripala Sirisena’s visit to meet with the Mahanayake of the Buddhist Sangha in Kandy, to discuss constitutional proposals was somewhat premature, because both the President and the PM denied that parties in the government have agreed on a framework for the constitution. This was really the accusation of the opposition and it may be the pivotal move in the anti-constitutional sabotage process.
A week earlier a section of Sangha had publicly announced in a joint statement that there was no need to bring in new Constitution and that a new Constitution will create more conflicts in the country. Though the Buddhist clergy is very influential with the 70 percent who are Sinhalese Buddhist, especially on issues pertaining to identity, the division within the Sangha is very clear and educated and knowledgeable Theras have already come out strongly to support the government’s constitutional reform process.
Whether it is in tackling the issues connected with providing a facilitative environment for economic development, taking action against corruption or dealing with fascistic war criminals, the government has been faltering. So far Yahapalanaya was unable to deliver on what it has promised. This has enabled the opposition to shout and scream and dominate the political debate.
At the last presidential and general elections held in 2015 all parties of the yahapalana promised some form of democratic change including a constitutional reform. At those elections Prime Minister Ranil Wickremesinghe and the UNP were consistent and specific about the constitutional reform that they proposed. They specified a new constitution without the executive presidential system. On other hand the devolution of power and the electoral system would be more democratic.
In this background with the change of government in 2015 democratic masses expected that the new government would take swift action to both draft and implement the new constitution. It was able to pass a resolution in parliament that converted parliament into a constitutional assembly. A 20 member steering committee on constitutional reform was formed and which was headed by the Prime Minister. The government also embarked upon a hitherto unprecedented process of public consultations in order to obtain the views of the people on the proposed reforms of the constitution.
The committee then came out with a balanced and fair report that gave the main themes or headlines of public opinion on constitutional reform along with the different recommendations from democratic social organisations. However, the Yahapalanaya failed to launch a major educational and counter racist fascist campaign on behalf of the new constitution.
Parliamentary sub committees
Technical committee reports were drafted by experts; but with participation of the parliamentarians in the six parliamentary sub committees. But most of parliamentary members of those sub committees have not participated. Many of them publicly complained that the process was outside their control and they did not know what was being drafted and how they were being drafted. As a result opposition was enabled to take the lead in going to the people and engaging in scaremongering without being challenged by government members. However once the opinions are taken from the public, drafting should be given to the experts. Then again the civil society and others including parliamentarians should finalized the draft proposal. Instead of shouting outside opposition should participate in the finalizing process.
The President’s meeting with the Mahanayake revealed that the absence of ownership of the constitution making process extends beyond the parliamentarians who have failed to champion the constitution reform process. It includes many religious and other leaders in civil society. In their meeting with the President the Maha Nayaka Thera had complained that the constitution being drafted by the government was in collaboration with NGOs while it excluded them. Clearly this is a product of opposition campaign. However, most NGOs and civil society groups also complain that they feel excluded from the constitution making process. On the other hand the JVP, although in the opposition, has been taking a non racist approach to constitutional reform. It is clear that the Buddhist prelates were influenced by facts and figures presented by racist Mahinda group.
The opposition has been claiming that the government intends to divide the country in accordance with the wishes of the Tamil Diaspora and the Western powers. Recently both President Sirisena and Prime Minister Wickremesinghe with the blessings of Tamil leaders and the approval of Christian Muslim priests have been giving public assurances that the constitutional reforms will not lead to the removal of Buddhism from its foremost place in the constitution and that the unitary state would remain intact. However it is understood that devolution of power will be completed as promised.
Foremost place for Buddhism
During a nearly two-hour long discussion held between him and the Mahanayake Theras, in which a company of 22 Bhikkus were present with the Mahanayake, President Sirisena had reassured them that the draft constitution would be shown to them prior to its presentation to parliament and their views would be incorporated. He pledged that the government will not bring any constitutional reforms that will undo the country’s unitary state or the foremost place for Buddhism that is provided in the constitution.
The President also informed the Mahanayake that there has been no new constitution drafted yet and that if there will be a draft constitution it will be presented to the Mahanayake and the leaders of the clergy of other religions for review before it will go to parliament. It is assumed that the role of President Sirisena is in coping with the Buddhist religious opposition to the constitutional reform process. That is an indication of his importance to the government. In general the constitutional reform process is being driven by the UNP component of the government; that is headed by Prime Minister Wickremesinghe who has announced his resolve to go ahead with a new constitution. Liberals believe that the Prime Minister has the wide learning and cosmopolitan outlook to appreciate the constitutional mechanisms and compromises needed to govern a multi-national, multi-religious and plural society. May be, but the time is running fast!
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