Big guns fire, seeking middle ground on a new constitution

The SC’s Interim Report being debated is based on recommendations from various parties. This is not a draft for a new Constitution. There are various suggestions, alternate views and recommendations included in the Report. We have provided opportunity for each and every MP to express his/her views on this Report.

brought a new Constitution, the UNP set it on fire inside this Chamber. We have not done any such things. We have not behaved in this manner. When the proposals of all the parties were being sought, we also participated in the process. We did have our suspicions about the process, but we still participated in it. The new Govt gave an undertaking to abolish the Executive Presidency and brought in the 19th Amendment. I think the people can see the dishonesty in this Govt also. It is disappointing that many of our proposals are not included in the SC Report. I have been looking at the manner in which the debate is being conducted. All those who claim to be from the Govt and the Opposition are all those who conspired to bring about the 'Yahapalanaya' Govt, but the real Opposition which is the Joint Opposition (JO) Group MPs, has not been given an equal opportunity. Today, instead of building relations between people of all communities, this process is driving wedges between the various communities, not only on ethnic basis, but also on religious basis. We must pay attention to these issues. The aim of enacting a new Constitution should be to bring about unity among all communities, not more divisions. Another question is, did this Govt seek a mandate to bring about a new Constitution? No. It did not. When Mrs Sirimavo Bandaranaike brought the 1972 Constitution, she asked for a mandate from the people at the election held in 1970, and so did President J.R. Jayewardene in 1977. What the 'Yahapalanaya' Govt promised was to abolish the Executive Presidency, not to bring in a new Constitution. There are conflicting views before the people now. What is being told to the people is one thing and what is being done now is another thing. JVP Leader & Chief Opposition Whip Parliamentarian Anura Kumara Dissanayake:

The JVP does not believe all the country's ills will disappear just because a new Constitution is enacted, but we believe it will go some way to bring about equality and social justice in the country. More than the debate inside this House, this process is being dissected outside Parliament. We can see that those who lost power are using this to create hatred and misunderstanding with half-truths. Despite the roar outside, there is only a whimper inside this House by those who are trying to make political mileage out of this.

It is difficult to think, at a time when people have lost faith in the Govt to govern the country properly, they would have faith in the Constitutional-making process it has set in motion. If a Govt that came to power with promises to end corruption, but does not punish the corrupt, a Govt that came to power to safeguard democracy, cracks down on people who protest peacefully, if students are being arrested, then, how can people keep faith in the process. It’s also ironic that, those who today say that President Maithripala Sirisena did not get a mandate to do away with the Executive Presidency, are the very people who worked against him in that election. There is a common public belief that there must be a new Constitution, and the Govt is duty-bound to listen to them. There is no question, the country does need a new Constitution, The UNP, as usual, is playing ball with this and using this as a ploy to get a feel of the public mood. At least on this issue, the UNP must take a firm stand.

One thing we must realise is that, this process is a great step forward for democracy in the country. This is a very inclusive process. There are several levels of discussion and debate. Unfortunately, some have misrepresented facts and misled people to believe that this debate is being held to pass a new Constitution. Minister of Transport and Aviation Nimal Siripala De Silva:

We have had several Constitution-making processes in the country, but not had a broad discussion and national consensus on any of them. This time we have taken the first step to building such a consensus. We have asked all political parties to send in their proposals and, in keeping with that, all the parties sent their proposals. This is the initial framework for us to discuss and nothing has been finalized. Some claim that a new Constitution has already been drafted. This is wrong. There are many opinions on this. Some say there is no need for a new Constitution; others say we need a new one. In President Maithripala Sirisena’s election manifesto, he said he would not touch any Constitutional Article that could be changed only with the approval at a referendum. What he said in the manifesto is the position of the SLFP. We must realise that, if we go for a referendum, it will not be on the Constitution, but on the cost of living and SAITM and all kinds of other issues, which means we can lose the referendum. The President has put forward a well thought out manifesto. We in the SLFP have always asked for the electoral system to be changed and those measures have been taken by now. The two important things are devolution of power and we all need to come to a consensus on this. This something we cannot put off any longer. I am someone who was in former President Mahinda Rajapaksa's Cabinet. At that time President Rajapaksa agreed to 13 plus 1. The SLFPs position under this President is also the same. We have scaled down the powers of the President under the 19th Amendment to the Constitution. Why do we need a presidential system? It is needed to ensure stability in the country. I looked at the proposals of a lot of minority parties and they are all of the view that there must be a President directly elected by the people. The SLFP is not a racist party. We are a party that respects and safeguards all people of this country. Minister of Megapolis Patalai Champika Ranawaka

Today, all 225 MPs have agreed to work towards a new Constitution. We have had 3 Constitutions before this, but none of them had worked for a broad consensus in this manner. Hence, we can be happy that such an endeavour is being made now. We must also ensure that, if a new Constitution is framed, it must get the support of the majority of the Sinhalese as well as the Tamil people of this country. The Jathika Hela Urumaya that I represent was part of the Constitution-making process, and we have given our proposals to the CA. We have to ensure both stability of the State as well as democracy. We have to strike a balance between stability and democracy. We are for the unitary status of this country, and it is a feature that has been guaranteed from the Soulbury Constitution onwards. Leader of the Sri Lanka Muslim Congress (SLMC) and Minister of Urban Development, Water Supply & Drainage, Rauff Hakeem:

I must congratulate the SC for the work it has done and presenting a Report which, to some extent, has managed to bridge the polarised positions among various parties. What is unique in this effort is that, for the first time, the Prime Minister himself is giving committed leadership towards preparing a new Constitution to our country, with the bipartisan participation of all parties. We have given sufficient space for parties not represented in Parliament, as well as civil society groups to make representations, and many shades of opinions have emerged. There is much hope, but it is not going to be an easy task, and will need greater commitment. Leader of the Joint Opposition Group MP Dinesh Gunawardena:

We are not in agreement with many of the contents of the SC Report and I feel there hasn’t been a broad consensus among the people. The public does not mean a few people with vested interests or NGOs. We must stick to the unitary status of the country and we cannot have different meanings in different languages on the nature of the State. We will also not allow the foremost place given to Buddhism to be tampered with. We believe in Parliamentary democracy and we will bring forward our proposals. This Govt talks of democracy, but is denying the people the right to exercise their vote. The JO Group represents 54 MPs, but we have been denied proper representation. Minister of Finance Mangala Samaraweera:

From whatever angle you look at it, the most burning issue in this country is the ethnic problem. We have an opportunity that the country cannot afford to miss. This moment in history is one we cannot and should not miss. We are all people who are elected by the people of this great country. All the citizens of this country desire a few fundamental things, even extremists, irrespective of which part of the country they live. These include lasting and sustainable peace and to call this land their home, and to be considered by the State as valued citizens, equally. They all long for equal citizenship, dignity and respect, for economic prosperity, equal protection of the law, and none of them want to see the country divided and embroiled in conflict. It has always been the poorest of the poor who have suffered the most in conflicts that the country has experienced in the past 70 years. At least on the 70th anniversary of our independence, we must be able to turn a new page.