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BASL moots new unity Government and abolishing Executive Presidency

05 May 2022

The Bar Association of Sri Lanka (BASL) has sent a list of proposals to various parties, including the chambers of commerce, the political authorities, and to the religious leaders, regarding establishing political and economic stability through the repeal of the 20th Amendment to the Constitution and the reintroduction of the 19th Amendment to the Constitution, the abolition of the Executive Presidency and forming an interim national unity Government. “On 23 April, the Bar Council approved a series of proposals to restore political and economic stability in the country. The BASL believes that without political stability, there will be no economic stability,” said BASL President, President’s Counsel Saliya Pieris while addressing the media yesterday (5). “All political parties have to come together for a solution as the economic crisis is very dire. We believe that any solution must lie within the provisions of the Constitution. These proposals which we have presented are the minimum which can be done, and there is no reason for the Government to not do them.” Pieris said that the proposals have been sent to the Ceylon Chamber of Commerce, the Joint Chambers of Commerce, the Sri Lanka Medical Association (SLMA), the Institute of Chartered Accountants of Sri Lanka, the Organisation of Professional Associations (OPA), the Mahanayakas (Chief Prelates) of the Asgiri and Malwathu Chapters of the Siam Sect, and the political authorities. “The Ceylon Chamber of Commerce has already come on board with our proposals. We hope to hold discussions with the political authorities next week, including the Opposition. We will also present these proposals to other religious leaders,” said Pieris.  As a first step, the BASL proposes that the Government immediately introduce the 21st Amendment to the Constitution by repealing the provisions of the 20th Amendment to the Constitution and restoring the 19th Amendment to the Constitution.  “This can be done very quickly, even in a month, if there is political will,” said Pieris. “In doing so, the present number of Court of Appeal and Supreme Court Judges should remain intact. The introduction of the provisions of the 19th Amendment to the Constitution should result in the re-establishment of the Constitutional Council (CC) and the independent Commissions which existed under the 19th Amendment to the Constitution, whilst enhancing their financial independence, transparency, and accountability,” the statement of the proposals by the BASL said. Furthermore, the BASL has proposed that the 21st Amendment to the Constitution must stipulate that the Constitutional Council must approve the appointments of the Governor of the Central Bank of Sri Lanka and the Monetary Board, that the Prime Minister and the Cabinet of Ministers must consult on the appointments of the Secretaries to the Ministries, Governors, Ambassadors, and Heads of Diplomatic Missions, and that Presidential pardons must be done according to the recommendations of an independent body. The BASL stressed that under the 21st Amendment to the Constitution, the President should not hold any portfolio. The BASL has also proposed that the Executive Presidency be abolished as early as possible but no later than within 15 months.  “The amendments to that effect should be passed in the Parliament no later than 30 November 2022, and must set the operative date by which the Executive Presidency will be abolished,” the proposals elaborated. The BASL has called for an interim Government of national unity, with 15 Cabinet Ministers, and the Prime Minister who has the consensus of all the political parties in the Parliament, supported by a 15-member independent advisory council, consisting of professionals who will be consulted in a transparent manner prior to key policy decisions.  This interim Government of national unity is proposed to prepare a common minimum programme which will focus on a number of aspects, including debt restructuring, the International Monetary Fund programme, bridging finance, the immediate resolution of the shortages of essential goods and services, and a Budget. The BASL has proposed that the interim Government of national unity will only be for a maximum of 18 months, and a further six weeks as a caretaker Government in order to oversee a General Election.


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