Thoughts on a constitution for a united, resurgent Sri Lanka
By: Dr.Rajasingham Narendran
The on-going preliminary exercises in constitution making in Sri Lanka, are lacking in transparency and not being subject to wider public debate. There have been no attempts to educate the public as to the possibilities and implications inherent in these exercises, except vague statements on the need to devolve power. The public has been confused and confounded by decades of misrepresentation, scare mongering and warnings of possible apocalypse if power is devolved within Sri Lanka. Devolution has been deliberately and maliciously confused with political fragmentation of the island. This confusion has to be cleansed from the public perceptions. The following is an attempt to present in very broad outline the shapes of a possible new constitution for Sri Lanka, taking into account the aspirations of diverse groups of people- divisions based on ethnicity, geographical location and economic circumstances- for greater say in their own affairs (True democracy!), faster economic and social development, and cleansing of public life.
It is needless to say that I am neither a politician, lawyer nor constitutional expert, but a concerned Sri Lankan who has lived through the post-independence years of Sri Lanka and been part of its sad history. I am in the twilight years of my life and would consider it a blessing to see Sri Lanka on the road to becoming what it is capable of, before I myself become history. It is what I have read, observed and experienced over most of my adult life that have provided me the background to present what I have. I hope what follows will at least provide a focus and an outline for greater public debate, and permit a consensus to develop, even though it is not exhaustive and may not find favour with many.
A. GUIDING PRINCIPLES:
1.It shall be the duty of the state to promote the well being, progress, health and welfare of all citizens.
2.It shall be the duty of the state to ensure peace and prosperity in the island.
3. The state shall facilitate the diverse peoples in the island to preserve, promote and develop their linguistic, religious and cultural heritage.
4. All citizens shall be equal before the state and its laws, and are entitled to equal opportunities, responsibilities and protection.
5. There shall be no discrimination based on sex, language, ethnicity, religion, geographical location, origins, wealth or position.
6. Just laws and due process shall be the foundations on which the state is built.
7. Every citizen shall be provided the opportunities and environment to develop his/ her abilities and maximize his/ her potential.
8. Merit and excellence shall be the guiding principles in public life.
9. Every citizen shall be entitled to freedom of _expression and right of dissent, without impinging on the rights and wellbeing of his/ her fellow citizens.
10. Human rights- as defined by the requirements of the 21st century shall be entrenched in our laws and administrative practices, and upgraded as human thoughts and conditions evolve.
It shall be the responsibility of the state and society to care for the week,
disabled, sick and disadvantaged, and provide them the opportunity to maximize their potentials and have a meaningful life.
12. It shall be the duty of the state to protect and preserve for posterity the bio-diversity, forestry, rivers and agricultural lands.
It shall be the duty of the state to protect the environment in all its facets .
14. While every citizen will have the right to be proud of his identity and heritage, and choose to cherish and preserve them, any attempt to impinge on the right of others to do so, will be considered a ‘Hate Crime’ and subject to the highest punishment in the land.
15. Economic crimes, such as bribery and corruption, and social crimes such as nepotism, sabotage, treason, armed rebellion and pedaling forbidden substances shall be also subject to the highest punishment in the land. Ill-gotten wealth shall be subject to confiscation by the state.
16. Minimum qualification criteria for those who seek elected office shall be defined and those holding such offices subject to laws of the land, without any exception, what so ever.
17. Any law that violates the above principles and disadvantages any citizen or a group of citizens shall be contravening the principles of this constitution.
B. TIERS IN A DEVOLVED SYSTEM OF GOVERNMENT
TIER- 1
CENTRAL
GOVERNMENT
TIER-2
REGIONAL
GOVERNMENTS
TIER -2A
DISTRICT DEVELOPMENT COUNCILS
(The planning and implementing arms of the regional councils in all districts)
TIER -3
MUNICIPAL / URBAN/ VILLAGE COUNCILS
C. MAJOR FUNCTIONS OF TIERS IN DEVOLVED SYSTEM:
TIER-1: CENTRAL GOVERNMENT
NATIONAL POLICY- EDUCATION, ECONOMIC PLANNING , RESOURCE ALLOCATION etc.
FOREIGN AFFAIRS
NATIONAL DEFENCE
IMMIGRATION & EMIGRATION
ELECTIONS
FOREIGN INVESTMENT
SEAS AND AIRSPACE
ENVIRONMENTAL PROTECTION
INTER-REGIONAL AFFAIRS,
CENTRAL BANK AND CURRENCY
BANKING & INSURANCE
STOCK EXCHANGE
NATIONAL HIGHWAYS
INTER-REGIONAL WATER RESOURCES
NATIONAL JUDICIARY
CENTRAL POLICE- NATIONAL & INTER-REGIONAL CRIME.
NATIONAL PRISONS
POSTS & TELECOMMUNICATIONS
RADIO LICENSING
TELEVISION LICENCING
IMPORTS & EXPORTS
CUSTOMS DUTIES
TAXATION
SEA PORTS, AIRPORTS & RAILWAYS
NUCLEAR ENERGY
NATIONAL POWER GRID
TERTIARY EDUCATION- NATIONAL UNIVERSITIES AND TECHNICAL INSTITUTES
NATIONAL PARKS,
NATIONAL MUSEUMS,
NATIONAL STANDARDS- EDUCATION, FOOD & DRUG SAFETY, GOODS AND SERVICES
FOREIGN AID & LOANS
BIRTHS AND DEATHS
CENSUS & STATISTICS
BUILDINGS AND LAND REGISTRY (DEEDS)
NATIONAL ARCHIVES & LIBRARY
MARITIME OIL & MINERAL RESOURCES
NATIONAL DISASTER MANAGEMENT
NATIONAL FUND ALLOCATIONS TO PERIPHERY
TIER 2- REGIONAL GOVERNMENTS
PRIMARY & SECONDARY EDUCATION
TERTIARY EDUCATION- REGIONAL UNIVERSITIES & TECHNICAL INSTITUTES
VOCATIONAL TRAINING
HEALTH SERVICES
AGRICULTURE
FISHERIES
LAND AND LAND DEVELOPMENT
INDUSTRIES AND INDUSTRIAL DEVELOPMENT
REGIONAL HIGHWAYS & ROADS
RIVERS AND TANKS
FLOOD CONTROL
WATER SUPPLY
ELECTRICITY
ENVIRONMENT MANAGEMENT
TAXATION
DISASTER MANAGEMENT
FUND ALLOCATIONS TO DISTRICTS & LOCAL GOVERNMENT
VEHICLE REGISTRATION AND LEVIES
JUDICIARY
POLICE –LAW & ORDER
REGIONAL PRISONS
TOURISM
LIQUOR MANUFACTURING, LICENCING AND CONTROL
TIER 2A-DISTRICT DEVELOPMENT COUNCILS
DEVELOPMENT PLANNING
PLAN IMPLEMENTATION
MONITORING DISTRICT ADMINISTRATION & SERVICES
TIER-3: LOCAL GOVERNMENT
PRIMARY HEALTH CARE AND PREVENTIVE MEDICINE
FOOD QUALITY
NURSERIES
LICENCING AND REGULATION OF COMMERCE
LIBRARIES
MINOR ROADS
PROPERTY TAXES
BUILING STANDARDS
DRAINAGE & SEWAGE
GARBAGE COLLECTION, RECYCLING & DISPOSAL
CITY/ TOWN/ VILLAGE PLANNING
COTTAGE INDUSTRIES
AGRICULTURAL EXTENSION SERVICES
CULTURE
SPORTS
D: ORGANIZATION WITHIN TIERS
TIER 1- CENTRAL GOVERNMENT
1. EXECUTIVE:
ELECTED PRESIDENT
ELECTED VICE- PRESIDENTS- TWO (ELECTED TEAMED WITH PRESIDENT)
CABINET –NOMINATED BY PRESIDENT AND APPROVED BY LEGISLATURE.
(Can be called upon to appear before the legislature)
ADMINISTRATIVE MACHINARY INCLUDING POLICE- WITH INDEPENDENT PUBLIC SERVICES COMMISSION.
ARMED FORCES
2. LEGISLATURE:
HOUSE OF REGIONS- DIRECTLY ELECTED REGIONAL REPRESENTATIVES (NON- PARTY & NOT EXCEEDING FIFTY)- PRESIDED OVER BY A VICE-PRESIDENT.
HOUSE OF REPRESENTATIVES- ELECTED FROM NATIONAL ELECTORATES- THROUGH A COMBINATION OF DIRECT +
PROPORTIONAL VOTING AND PARTY SYSTEM.
(Operating through a subject-wise committee system)
MEMBERS SHOULD NOT SERVE IN THE EXECUTIVE BRANCH
3. JUDICIARY:
SUPREME COURT (ALSO SERVING AS A CONSTITUTIONAL COURT)
CENTRAL APPEALS COURT
REGIONAL COURTS
(With an independent judicial services commission responsible for recruitment, transfers, promotion and discipline encompassing both the national and regional judiciaries)
TIER 2- REGIONAL GOVERNMENTS
1. EXECUTIVE:
ELECTED GOVERNER
CABINET NOMINATED BY GOVERNER AND APPROVED BY
REGIONAL LEGISLATURE.
ADMINISTRATIVE SERVICES INCLUDING POLICE
(GOVERNED BY INDEPENDENT REGIONAL PUBLIC SERVICES COMMISSIONS)
LEGISLATURE – SINGLE CHAMBER:
ELECTED FROM REGIONAL ELECTORATES THROUGH DIRECT AND PROPORTIONAL VOTING PREFERENCES AND ON PARTY BASIS (NOT TO EXCEED 25 MEMBERS).
Should work through a subject-wise committee system.
SHOULD NOT SERVE IN THE EXECUTIVE BRANCH.
JUDICIARY :
APPEALS COURT
DISTRICT COURTS
MAGISTRATE COURTS
ARBITRATION PANELS
TIER-2A- DISTRICT DEVELOPMENT COUNCIL
1. CHAIRMAN:
ELECTED BY MEMBERS OF COUNCIL
2. COUNCIL:
ELECTED ON NON-PARTY AND DIRECT VOTING-BASIS
(Not exceeding ten members, including chairman)
3. EXECUTIVE:
DISTRICT PUBLIC SERVICE, INCLUDING POLICE – HEADED BY DISTRICT SECRETARY- APPOINTED BY REGIONAL PUBLIC SERVICES COMMISSION.
TIER 3- LOCAL GOVERNMENT.
1. EXECUTIVE:
MAYOR/ CHAIRMAN- DIRECTLY ELECTED
WITH EXECUTIVE STAFF SELECTED BY THE REGIONAL PUBLIC SERVICES COMMISSION.
2. COUNCIL- NOT TO EXEED 25 MEMBERS FOR MUNICIPALITIES,
15 MEMBERS FOR URBAN COUNCILS &
6 MEMBERS FOR VILLAGE COUNCILS
DIRECTLY ELECTED ON NON-PARTY-BASIS
OTHER ADMINISTRATIVE CHANGES:
The following administrative considerations should also be taken into consideration:
Teachers should be largely non-transferable to ensure commitment to school, students and community. The school principal and community should have a say in the recruitment of teachers to the school.
The police personnel should also be non-transferable to minimize brutality, bribery and corruption, and ensure greater control by community and commitment to community.
Other public servants too should be non- transferable to the greatest extent possible for the reasons listed above (b).
Only promotions and health reasons should permit any transfers. The colonial system of regular transfers that has continued in the post-independence era has prevented closer relations with and greater accountability to the community becoming entrenched in our public services.
It is envisaged the system of governance proposed above will be more democratic, permit the entry of a higher quality of men/ women into public life, minimize bribery and corruption, and ensure that the people at various levels of society have greater say in the affairs that govern their day to day lives. The system will be also more sensitive to the needs of the people at the grass roots levels in far flung corners of the island. Such a system if well organized and backed by effective laws and administrative machinery may be a panacea for the ills currently besetting our country.
[Pic: lib.utexas.edu]
m.thiru said,
August 5, 2006 @ 2:45 pm
The bottom line story:
——————–
Dr.Narendran I presume you are a cricketer. and you always play a fair game.
I am confused. You mean to say :
D.S. Senannayake who had the solid majority & the support of Sanga did not know all what you have written ?
Sir John Kottalaewela ( though did not have the support of the sangha ) did not know all what you have written ?
Oxford blue SWRD Bandaranayke ( converted back to Buddhism) who signed & aborted BC pact & who had the solid majority and the support of the sangha did not know all what you have written ?
Dudley Senanayake who signed a pact with F.P represented by Senator Thiruchelvam and lateraborted it, & who had the support of the Sangha did not know all what you have written ?
Srimavo Bandaranayke who had the solid support of the masses and buddhist clergies , Colvin R de Silva ( Trokyst, Consitutional expert, man who roared one language two nation, two language one nation ) and who made democratic Ceylon to a Srilankan Republic, Bhaduidhin Mohamed the education Minister who represented the Muslims, did not know all what you have written ?
The man who was instrumental in aborting the BC pact, The man who was rejected by Sinhala Buddhists electrorate in Kelaniya and re-elected to Parliament from Colombo South with substantial Tamil support, the man who boasted and commerated with a postal stamp that he had created a Dhammica Samajaya, and who ignored the democratically elected opposition leader and ingnored the Vaddukodai Resolution and who introduced the Presidential system with a solid majority, the man who was behind the the 1983 genocide, The Dhammica Nayakya J.R.. Jeyawardne who could not outfox Indira Ghandhi but outfoxed Rajiv and defended his navy officer who attacked Rajiv, saying he had a sun stroke, did not know all what you have written ?
Premadasa, Cyril Mthew’s team mate, who planned to outfox Rajiv first and Tamils later,did not know all what you have written ?
The French revolution appreciator, Vijay Kumarathunge’s partner Chandrika who came with a solid majority and with peace wagon, U-turned with the agenda of war for Peace, did not know all what you have written ?
Ranil Wickrmasinghe who did not have the solid majority yet had the guts to sign a cease fire agreement with a double face ( the ugly face being the international saftey net and with the help of an Eastern MP made Karuna faction to split from LTTE ) who could implement the CFA and ISGA proposed by the LTTE,did not know all what you have written ?
You mean to say that Laxman Kadirgamar did not know all what you have written, when he was a minister and advisor to Chandrika ?
Mahinda Rajapakse , the man from Ruhunu who claimed that he would bring back the SWRD Banda’s 1956 era again with his Chinthanaya, did not know all what you have written ?
What does all the above episodes reveal ? The bottom line is simple. THE QUALITY OF THE SINHALA BUDDHIST LEADERSHIP. Sinhalese Nation in SriLanka needs a STRONG leader who is honest and capable of implementing just solutions.
For that , Who influence the Sinhalese voters, educated Sinhalese politicians, Buddhist clergies , sinhalese owned & government owned media & so on ? Dr. Narendran do you have the power & control over all these for your ideas to percolate or permeate to the common man so that they elect a strong leader ?
On the other hand are you saying that something wrong only with the Tamil leaders after seeing the acts played by the above said sinhalese leaders in the SAD HISTORY OF SRILANKA you have mentioned.
M.C.Spencer Melbourne said,
August 6, 2006 @ 11:55 am
Simply flabbergasted at your unrealistic expectations and optimism when men who professed that the highest good that a man could perform is to be in the service of his fellowmen but in truth and reality used this preaching mostly as a shield and fought and continue to fight with the sword of personal ambition/family/clan/race and religions benefit/profit and aggrandisement at the expense of less privileged fellow men and women.
Saraswathy Vageesan said,
August 6, 2006 @ 7:48 pm
Hi Rajasingham
I’m an interesting reader from Christchurch, NZ of your articles after I read your last article where you wrote “LTTE was initially established as a salvation to the tamil but becoming as a monster(to tamils as well as to the whole world community) and soon it will be removed from the tamil people.Your comment was a real accurate one.Some hand whislers(visiladdichchan) may oppose you but your writing was really good and any peace lover will accept those.As you said the so called Ellam is an imaginary and a fake deer.
Saraswathy
Neil Armstrong said,
August 8, 2006 @ 10:05 pm
The constitution described is almost identical to what’s currently in place. And this structure perpetuates the disgraceful Sri Lankan oppression of minorities.
Your Tiers 2 & 3 contain meer figureheads to implement decisions reached at Tier 1. How can this solve the problem? The fundamental problem in Sri Lanka is the excessive concentration of power at Tier 1 level.
Though I’m not a constitutional lawyer, I have enough common sense to understand that devolution means that most of the functions you have listed under Tier 1 should be devolved down to Tiers 2 and 3. The more devolution, the better.
For example, your Tier 1 functions include education & resource allocation which have both been deliberately & unashamedly used in decades of Sri Lankan history to marginalise and oppress the Tamil people. Surely anyone with a genuine desire to solve the problems in Sri Lanka would have in the 1st instance, recommended the devolution of the education & resource allocation portfolios right down to Tier 3 where policy can be tailored to fit the local population.
Please try again to produce a relevant political solution with at least a minimum & finite chance of success.
Sumanasiri Liyanage said,
August 10, 2006 @ 6:20 am
I always read Mr Rajasingham Narendran’s article with lots of interest. I in fact asked many time publish them in local newspapers and websites. However, I feel that his constitutional proposals is inadequate to resturucture post-colonial Sri Lankan state to make it an accomadative state. I am sure his intentions are good. Any new constitution should be able to reverse two main proesses, namely, centralization and majoritarianism. As Prof Arthur Lewis once argued majoritarian democracy is not only practical but also immoral in divided societies.
I think 2000 constitution drfat went beyond Mr Narendran’s proposals. It was inadequate. However, with some changes, that draft can be improved. If all the nations living in Sri Lanka take their current positions as crtisizable positions and begin deliberation without power of coercive force, I still believe that a solution can be found.
Good to open a discussion among people living in Sri Lanka as well outside.
Vaamadevan said,
August 11, 2006 @ 12:17 pm
Few points…
1. Appreciate Mr. Narendran’s attempt to propose a solution.
2. I do not think there is a poverty of ideas as to what the solutions could be.
3. The devil has always been in the details of implementation.
4. With the country’s democracy strongly based on ethnic rivalry, there is no room for implementaton of any ideas that could even remotely suggest there is an element of compromise in the solution.
5. LTTE’s strategy has always been to destabilise the centers of gravity in the south to the point of implosion of the country.
6. The GoSL (regardless of the leadership) has always been to talk nonsense but act wisely to prevent any form of devolution that could establish a level playing field for the minorities. Earlier, with Tamil moderates, the GoSL thought there would be no consequences if the GoSL chose to abrogate any agreements. But the unforeseen consequences has been militancy which has done so much damage to the country.
So we are in this vicious cycle of violence, each party trying to outsmart the other.