By Tharumalee Silva
In the light of the dire need for amendments and reforms to the Constitution as viewed by many, the Sri Lanka Freedom Party (SLFP) recently presented a set of proposals to amend the Constitution and appointed a special committee to analyse the recommendations. The Janatha Vimukthi Peramuna (JVP) also took initiative to declare recommendations to the Constitution.
The JVP said the recommendations were made public on Tuesday (4) and focused on a wide scope of topics, mainly with regard to law, religious institutions, education, and the media. The recommendations were made under the theme of eradicating religion-based racism and nationalism and building national and social security to ensure peace and prosperity in the island following the Easter Sunday attacks.
The common reform motions proposed by the JVP included equal citizenship rights under the jurisdiction to all civilians belonging to all religions, races, and ethnicities.
Among these resolutions, the JVP also suggested the establishment of a truth reconciliation commission to oversee religious and ethnic queries, a commission against discrimination, and a discrimination monitoring centre to oversee and prevent discrimination against race, religion, ethnicity, gender, and sexuality.
Speaking to The Sunday Morning, Constitutional Assembly Member and United National Front (UNF) Parliamentarian Dr. Jayampathy Wickramaratne stated that both recommendations handed over by the UNP and the SLFP will be taken into consideration when reforming the Constitution.
Limited religious interventions
To ensure social security, the JVP propounded to take utmost care when signing treaties and resolutions to be on par with other nations and NGOs, so as not to compromise the country’s sovereignty. The party also stated that the Constitution should be amended so that no treaty of such a manner could be signed without transparency and a two-thirds majority vote in Parliament. Further, the party also proposed a new act named “Foreign Fighter Act” to combat foreign terrorism.
The JVP further suggested the introduction of the “Whistleblower Protection Act” which has been adopted by sovereign states such as India, which provides protection for persons forthcoming with information that is critical to social and national security.
With relation to law reforms, the JVP in their reforms have insisted that the legal age for marriage in Sri Lanka should be 18 and equal for all, and also suggested that polygamy should be abolished with reference to the Muslim Marriage and Divorce Act of 1974 (MMDA) which allows members of the Muslim community to marry at any age with the consent of their parents which also allows polygamy for Muslim men.
The amending of the MMDA is already underway with all necessary documentation after nine years of research were handed over to Minister of Justice Thalatha Athukorale in May.
The JVP further stated that land inheritance laws should not treat women unequally and unfairly in relation to transferring marriage benefits.
Debates are still ongoing with relation to the issue and a decision is yet to be made. However, according to Justice Saleem Marsoof, who headed the appointed committee, the recommendations have already been handed over to Minister Atukorale.
The JVP further suggested setting up a government institution to promote the image of Sri Lanka for tourism and other purposes, which is already adopted by several countries such as Malaysia who represents itself as the country to visit for a truly authentic experience of Asia under the theme “Malaysia truly Asia”.
A community integration unit to prevent community-based secluded living, which is, according to the proposition, provides a basis for ethnic tension in Sri Lanka was suggested next. Also proposed was a code of ethics for religious leaders and personalities in the country which stated that no religious leaders should be allowed to partake or unnecessarily intervene in national political matters.
Taking into consideration both recommendations handed over by the parties, it is evident that all reforms are based on promoting and uplifting religious and ethnic co-existence.
Ethnic and religion-based parties
SLFP General Secretary Dayasiri Jayasekara stated that all steps have been taken to take the amendments into consideration.
“The SLFP saw the need for these amendments as soon as the Easter Sunday attacks took place; we had a party meeting on 23 April where we discussed the need for the amendments to the Constitution,” he said.
He highlighted the importance of all political parties working together in order to combat the common enemy of racial and ethnic division.
“When the Constitution was first introduced, there were only two political parties in Sri Lanka. There was never a misrepresentation concerning the minorities and other ethnic groups. There was no notion that people of any community were considered second-class citizens in the country,” he assured.
According to Jayasekara, the ethnic-based political parties came into existence without a cause. Therefore, they should change their name and work in favour of the country as a whole as opposed to one community, or discontinue their practice.
Further explaining, he stated that the existence of these political parties, given the situation of the country at present, was concerning.
“Many parties including the Tamil National Alliance (TNA) have agreed to change their party name. There have been several discussions with Election Commission Chairman Mahinda Deshapriya, who also believes that the registration of ethnic and religion-based political parties should be discontinued,” he stated.
However, Parliamentarian M.A. Sumanthiran said that upon inquiry, the TNA has given no such promises or validation.
“This issue was attended to some time ago, to ban political parties based on ethnicity and religion. We challenged the decision in the Supreme Court and succeeded. The Constitution gives priority to Buddhism, so if the Constitution can give a particular religion priority, despite there being other religions in the country, I don't see why there can't be political parties in the name of religion and ethnicity," he explained.
Further, the parliamentarian stated that if there is a ban on political parties based on religion and ethnicity, Parliament must re-appeal Article 9 of the Constitution. Article 9 of the Constitution reads: "The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana while assuring to all religions the rights granted by Articles 10 and 14(1)(e)."
According to the global security organisation, the formation of political parties predominantly supported by specific ethnic groups and communities date back to the 80s. The formation of the Sinhalese Liberation Front (now the JVP), Tamil United Liberation Front (TULF), and Sri Lanka Muslim Congress (SLMC) have all testified in their right to represent ethnic groups in Sri Lanka.
Looking at the bigger picture
Sharing his insights, Bodu Bala Sena (BBS) Chief Executive Officer Dilantha Vithanage stated that the trend of handing over recommendations has been long-standing.
“There is only reactive politics in this country. No one would have handed over recommendations if the Easter Sunday attacks did not occur; it is deeply saddening to see that the need for amendments is not foreseen by political hierarchies in the country,” he said.
Vithanage further stated that the country needed a proactive policy which would support in preventing conflicts before disaster hits.
Further, regarding the abolishment of parties based on religion and ethnicity, Vithanage stated that it was unethical to abolish political parties only taking their names into consideration.
“You must analyse the work the parties have done to uplift the country as a whole as opposed to a specific community,” he said.
Speaking on the matter, National Peace Council of Sri Lanka (NPCSL) Executive Director Dr. Jehan Perera stated: “There is a gap between the written laws and the reality when it comes to practising these laws. For example, taking into consideration the language laws, Tamil is an official language. However, most government documentation is done in Sinhala as opposed it being done in both languages.”
He stated that the Government should institute a minority commission, or watchdog commission, which would monitor the treatment of minorities and recommend the necessary laws to amend the existing ones. Further, he stated that this matter should be taken into consideration on a wider scale.
“Political parties and politicians must publicly condemn ethnic and religious discrimination. People take into consideration their leaders and laws which surround them when making decisions that have direct implications on society,” he said.
Explaining further, Dr. Perera said that it was essential that politicians did not disrupt harmony and openly accuse communities of unlawful behaviour.
In the light of the dire need for amendments and reforms to the Constitution as viewed by many, the Sri Lanka Freedom Party (SLFP) recently presented a set of proposals to amend the Constitution and appointed a special committee to analyse the recommendations. The Janatha Vimukthi Peramuna (JVP) also took initiative to declare recommendations to the Constitution.
The JVP said the recommendations were made public on Tuesday (4) and focused on a wide scope of topics, mainly with regard to law, religious institutions, education, and the media. The recommendations were made under the theme of eradicating religion-based racism and nationalism and building national and social security to ensure peace and prosperity in the island following the Easter Sunday attacks.
The common reform motions proposed by the JVP included equal citizenship rights under the jurisdiction to all civilians belonging to all religions, races, and ethnicities.
Among these resolutions, the JVP also suggested the establishment of a truth reconciliation commission to oversee religious and ethnic queries, a commission against discrimination, and a discrimination monitoring centre to oversee and prevent discrimination against race, religion, ethnicity, gender, and sexuality.
Speaking to The Sunday Morning, Constitutional Assembly Member and United National Front (UNF) Parliamentarian Dr. Jayampathy Wickramaratne stated that both recommendations handed over by the UNP and the SLFP will be taken into consideration when reforming the Constitution.
Limited religious interventions
To ensure social security, the JVP propounded to take utmost care when signing treaties and resolutions to be on par with other nations and NGOs, so as not to compromise the country’s sovereignty. The party also stated that the Constitution should be amended so that no treaty of such a manner could be signed without transparency and a two-thirds majority vote in Parliament. Further, the party also proposed a new act named “Foreign Fighter Act” to combat foreign terrorism.
The JVP further suggested the introduction of the “Whistleblower Protection Act” which has been adopted by sovereign states such as India, which provides protection for persons forthcoming with information that is critical to social and national security.
With relation to law reforms, the JVP in their reforms have insisted that the legal age for marriage in Sri Lanka should be 18 and equal for all, and also suggested that polygamy should be abolished with reference to the Muslim Marriage and Divorce Act of 1974 (MMDA) which allows members of the Muslim community to marry at any age with the consent of their parents which also allows polygamy for Muslim men.
The amending of the MMDA is already underway with all necessary documentation after nine years of research were handed over to Minister of Justice Thalatha Athukorale in May.
The JVP further stated that land inheritance laws should not treat women unequally and unfairly in relation to transferring marriage benefits.
Debates are still ongoing with relation to the issue and a decision is yet to be made. However, according to Justice Saleem Marsoof, who headed the appointed committee, the recommendations have already been handed over to Minister Atukorale.
The JVP further suggested setting up a government institution to promote the image of Sri Lanka for tourism and other purposes, which is already adopted by several countries such as Malaysia who represents itself as the country to visit for a truly authentic experience of Asia under the theme “Malaysia truly Asia”.
A community integration unit to prevent community-based secluded living, which is, according to the proposition, provides a basis for ethnic tension in Sri Lanka was suggested next. Also proposed was a code of ethics for religious leaders and personalities in the country which stated that no religious leaders should be allowed to partake or unnecessarily intervene in national political matters.
Taking into consideration both recommendations handed over by the parties, it is evident that all reforms are based on promoting and uplifting religious and ethnic co-existence.
Ethnic and religion-based parties
SLFP General Secretary Dayasiri Jayasekara stated that all steps have been taken to take the amendments into consideration.
“The SLFP saw the need for these amendments as soon as the Easter Sunday attacks took place; we had a party meeting on 23 April where we discussed the need for the amendments to the Constitution,” he said.
He highlighted the importance of all political parties working together in order to combat the common enemy of racial and ethnic division.
“When the Constitution was first introduced, there were only two political parties in Sri Lanka. There was never a misrepresentation concerning the minorities and other ethnic groups. There was no notion that people of any community were considered second-class citizens in the country,” he assured.
According to Jayasekara, the ethnic-based political parties came into existence without a cause. Therefore, they should change their name and work in favour of the country as a whole as opposed to one community, or discontinue their practice.
Further explaining, he stated that the existence of these political parties, given the situation of the country at present, was concerning.
“Many parties including the Tamil National Alliance (TNA) have agreed to change their party name. There have been several discussions with Election Commission Chairman Mahinda Deshapriya, who also believes that the registration of ethnic and religion-based political parties should be discontinued,” he stated.
However, Parliamentarian M.A. Sumanthiran said that upon inquiry, the TNA has given no such promises or validation.
“This issue was attended to some time ago, to ban political parties based on ethnicity and religion. We challenged the decision in the Supreme Court and succeeded. The Constitution gives priority to Buddhism, so if the Constitution can give a particular religion priority, despite there being other religions in the country, I don't see why there can't be political parties in the name of religion and ethnicity," he explained.
Further, the parliamentarian stated that if there is a ban on political parties based on religion and ethnicity, Parliament must re-appeal Article 9 of the Constitution. Article 9 of the Constitution reads: "The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana while assuring to all religions the rights granted by Articles 10 and 14(1)(e)."
According to the global security organisation, the formation of political parties predominantly supported by specific ethnic groups and communities date back to the 80s. The formation of the Sinhalese Liberation Front (now the JVP), Tamil United Liberation Front (TULF), and Sri Lanka Muslim Congress (SLMC) have all testified in their right to represent ethnic groups in Sri Lanka.
Looking at the bigger picture
Sharing his insights, Bodu Bala Sena (BBS) Chief Executive Officer Dilantha Vithanage stated that the trend of handing over recommendations has been long-standing.
“There is only reactive politics in this country. No one would have handed over recommendations if the Easter Sunday attacks did not occur; it is deeply saddening to see that the need for amendments is not foreseen by political hierarchies in the country,” he said.
Vithanage further stated that the country needed a proactive policy which would support in preventing conflicts before disaster hits.
Further, regarding the abolishment of parties based on religion and ethnicity, Vithanage stated that it was unethical to abolish political parties only taking their names into consideration.
“You must analyse the work the parties have done to uplift the country as a whole as opposed to a specific community,” he said.
Speaking on the matter, National Peace Council of Sri Lanka (NPCSL) Executive Director Dr. Jehan Perera stated: “There is a gap between the written laws and the reality when it comes to practising these laws. For example, taking into consideration the language laws, Tamil is an official language. However, most government documentation is done in Sinhala as opposed it being done in both languages.”
He stated that the Government should institute a minority commission, or watchdog commission, which would monitor the treatment of minorities and recommend the necessary laws to amend the existing ones. Further, he stated that this matter should be taken into consideration on a wider scale.
“Political parties and politicians must publicly condemn ethnic and religious discrimination. People take into consideration their leaders and laws which surround them when making decisions that have direct implications on society,” he said.
Explaining further, Dr. Perera said that it was essential that politicians did not disrupt harmony and openly accuse communities of unlawful behaviour.