- ‘Good in 18A and 19A should be combined for new constitution’
State Minister of National Heritage, Performance Arts, and Rural Artists Promotion Vidura Wickramanayaka[/caption]
State Minister of National Heritage, Performance Arts, and Rural Artists Promotion Vidura Wickramanayaka has been outspoken about his observations on the 20th Amendment and has requested a fresh constitution, rather than going for yet another amendment which is to be changed by the turning Government in another five years.
The Sunday Morning this week spoke to Wickramanayaka about his thoughts on the country’s Constitution and whether he has decided on what is best for the country and its people.
Following are excerpts of the interview.
You have suggested that rather than going for another amendment to the Constitution, it is better to draft a new constitution. Can you elaborate?
There should be a solid constitution for a country and not amendments that are done by each turning government. The constitution is the basic law of the country; if the basic law is flawless, we can build the rest of the laws based on it.
But as referred to in the field of political science – the constitution could be for a generation, which is for a time span of about 30-40 years. Then, an amendment takes place every five years with each turning government; that has been the usual basis for having these amendments.
The Constitution was enacted in 1978 and has undergone 19 amendments by now and it is heading towards an amendment for the 20th time, which is why I said that we need to have a solid constitution; not to cater to a set of people, but to cater to an entire nation.
The foundation of the Constitution should be the expectations and aspirations of the people and it should be based on past experiences to solidify the present needs.
What are the imminent dangers you see if the 20th Amendment comes into play?
There could be certain dangers and there could be pros and cons of the present draft. But I am still studying the draft, and waiting for the final verdict of the Supreme Court (SC) over the petitions that are being heard.
Are you opposing it in its entirety or are there specifics that you would want changed?
I am sorry that I am unable to divulge any observations that I have over the draft 20th Amendment, as right now we are still waiting for a word from the SC.
I do not see the ethics behind making such statements. Once the observations are debated or deliberated by the SC or any house of law, we should let it take its course.
The 20th Amendment is essentially reverting back to the 18th Amendment. Do you think that the ruling party is betraying the trust of their voter base?
This is my personal view about the 18th Amendment – on 8 January 2015, former President Mahinda Rajapaksa lost at the presidential election, to which the 18th Amendment and its consequences had a larger impact that led him to the defeat.
People once rejected that Amendment. So, why should we revert to an amendment that was rejected by the people? Why can’t we go for a fresh amendment?
One should take the good from the 18th and the 19th Amendments and should come up with a fresh constitution.
If President Gotabaya Rajapaksa says that his hands are tied and he cannot perform and he cannot deliver, you can come up with a new constitution; without going back to the 18th Amendment.
Say that the 19th Amendment should go and we all agree on that, which is not the problem, what is needed are fresh amendments and it must be ensured that it is neither a replica of the 18th Amendment nor a replica of the 19th Amendment.
Your close family has been pushing you to be a voice that challenges the 20th Amendment. Are you heeding their requests or were you opposed to the draft 20th Amendment before?
Let me clear this once and for all – I have no connection with that person in question. I never go by their needs; I have my responsibility towards the voters of this country and the Constitution. That is where my responsibility lies.
Now, the very same person was proposing somebody else for the presidency but did we toe the line? We cannot go by the requests of each and every one of the family; we have our own set of principles and I am answerable to my conscience.
If one reads through what she circulated, it is nothing but a mudslinging campaign against me. After the first two paragraphs of its contents, she alleged that my brother and I had inherited everything from our father and she had not been given anything. So, it was a mudslinging campaign that she launched against me.
That had finally nothing to do with the 20th Amendment or the 19th Amendment.
My family are the people of Horana and Kalutara towards whom I have very high regard for and then the people of this country and the public. They are who I choose to call family.
The family we are born into cannot be chosen and in that there are some family members who are worse than a deadly virus.
It has been reported that Ape Gama, which was vested under you, has been removed. Do you think it has any connection to you publicly criticising the 20th Amendment?
I don’t think there is a connection between that and my remarks challenging the Government; the gazette notification was dated 25 September.
Do you feel let down by the party, as they failed to consult learned professionals in drafting the amendment?
We should have consulted the members that had a good grasp of the contents of the Constitution and could have consulted them. The SLPP (Sri Lanka Podujana Peramuna) should have done that.
In fact, when President Gotabaya Rajapaksa came into power, he should have appointed a committee to draft a new constitution or they should have converted the legislature at the Constitutional Commission.
This should have been done in November 2019 soon after President Rajapaksa was elected.
Already a year has passed. Had the committee been appointed in November 2019, within this year, we could have completed the draft.
Unfortunately, we are debating these amendments, the Constitution, and all administrative things while the people are burdened with the skyrocketing cost of living and other social issues such as children who are unable to gain entry to Grade 1 for 2020. This is October and we do not know when schools will commence due to the global pandemic and the current spread of the coronavirus in Sri Lanka.
Mind you, the Government is now trying to import rice as well. There is extensive damage done to the environment and all these crucial issues that need to be immediately addressed are now being swept under the carpet, and we are sitting and debating whether we should pick the 20th Amendment or go for a fresh constitution.
It is unfortunate that we are not addressing the problems of the people and their needs at such a crucial time.
This has been the problem with politicians all along and even the media is not focusing on such matters anymore. Take the case of Covid-19; this is a serious health emergency that needs more attention, but we are all harping on the 20th Amendment.
I don’t know whether justice has been done for the people of Sri Lanka at this moment.
Do you believe that the 20th Amendment should be opened for a public referendum?
It will be decided by the SC in the coming days. We should wait until they lay down their decision and table it to Parliament.
Afterwards, if it is open for a debate, we would have to debate. I myself am for a new constitution.
Will the amendments proposed by the committee appointed by the Prime Minister to study the 20th Amendment be introduced at the committee stage of the Bill in Parliament?
The committee stage deliberations will take place after the SC has heard the petitions and the second reading of the draft at Parliament. Even the first reading has only been tabled; the Amendment has only been tabled. So, the second reading and the committee stage will follow.
With many within the ruling party and its friendly parties raising concerns over certain clauses, do you think the Government will be able to secure the two-thirds majority to pass the Amendment at Parliament?
It depends on what they present. If it appeals to the members, and that is what needs to be done to safeguard the interests of the country, definitely the members will rally round the 20th Amendment. We have to take this country forward and not backwards.
At the end of the day, we will all do what must be done; we will oppose, criticise, and redraft this amendment or draw a new constitution to ensure that a solid constitution is in place. Also, we have pledged to keep this ruling party together and will do everything in our capacity to ensure that our President and Parliament can deliver on its promises to the people, whilst strengthening the laws of the country.
Self-criticism is the best method and I am confident that the SLPP-led Government will be able to produce a strong constitution that would last for a generation and would not need amendments.