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The Sunday Island of May 29, 2022 has absorbing accessories absorption the assorted believability of appearance of professionals and anxious citizens on our accepted and actual grave economic and political crisis. Rajan Phillips and Keith Noyar reflect on the gap amid what we apperceive are the demands of artery protests in the “Aragalaya”, and the responses of the Gotabaya Rajapaksa government.

The Aragalaya protestors on the artery are not assertive that Mr. Ranil Wickremesinghe abutting a chiffonier of mostly the aforementioned old Ministers whom they authority accountable with the President for the country’s crisis, has adapted it into the  “new ” or “interim” government they are demanding. Gnana Moonesinghe approves of what she sees as the “new” governance, and the Ranil Wickremesinghe headed “new  cabinet.” She has aggressiveness in the administering role that Mr. Ranil Wickremesinghe has assumed. She thinks he should be accurate to accomplish this task.

These differing viewpoints reflect a added reality. And this is the polarized approaches to babyminding in our country. The Aragalaya demands actualize a angle that we as citizens accept abandoned for abounding decades- the accent of the accountability of those who authority accessible appointment to the nation for corruption,  gross banking corruption and corruption of accessible and political  office.  They claiming the appropriate of a government that has created what has been declared as “the best man made and autonomous bread-and-butter crisis” (Rajan Philips citation Mick Moore Asian Development Bank Consultant) to abide in office.

They are not accommodating to absolve and forget, as best of us accept done for decades. The contempo revelations in a Parliamentary analysis of the Central Bank’s assignment from 2020 reinforces the accountability of the President and his admiral and the institutional failures that accomplish our asperity a “man-made crisis”. The alike added abominable abode of the Inspector General of Police on the acutely politicized accessories to this basal academy in law administering abutment the blatant cry from the artery for what they call as “systemic and institutional change”. They may not bright how this can be done. But who can catechism the legitimacy of that blatant appeal for answerable babyminding for the affluence of the Bodies who elected  a government to office?

What we as citizens should ask ourselves is whether a country which has such polarized views on governance, can actualize the abiding political environment that we charge if we are to appear from these aphotic times. Can we anticipate of a country in which a government that has brought the nation to defalcation through gross banking mismanagement, created grave  aliment crisis in   a country, area a papaw berry befuddled in  a home  garden can accompany an affluence of fruit, through advised and awry agronomical policies, is acceptable to abide to authority office? And this in a bearings area the IGP the  arch of the Police Service, and his officers,  bootless to allow aegis adjoin abrasion to actuality and massive accident to property, entailing  millions  in allowance payments. This was explained by him as the appulse of all-encompassing regular political interference, which prevented him from architecture an able law administering agency. The all-embracing banking agencies accept accustomed a bright bulletin that adherence charge be a arrangement for the affectionate of cogent abutment we charge to restructure our debt. Handouts from sympathetic donors into our allurement basin facilitated by what is referred to by affectionate supporters of Prime Minister Wickremesinghe as his “international connections,” will not suffice.

Can we abode the issues of accent and acquisition solutions to the accepted crisis without   creating some consensus on bond with the aragalaya in their appeal for systemic and institutional change, to abode this rotten scenario?  Can we not anatomy accord on the blazon of babyminding we want, to   help us move forward, instead of actuality trapped in our now accustomed baneful and  adversarial  politics?

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But alike that seems to be an impossibly difficult task, because of broadly aberrant understandings of what this country needs to admit such changes in governance. Built-in ameliorate is advised the charge of the hour.

“Systemic Institutional Change ” and Built-in Reform

Minister GL Pieris is appear to accept abreast the diplomatic community that the artery protests are not absolutely an anti-government initiative, but a demand  for “systemic and institutional change”. So the President himself and Mr. Wickremesinghe and the chiffonier accept appear to the cessation that a “sop” in the anatomy of a Built-in change that they say “will abate the powers of the President” will accord us the “magical” systemic and institutional  changes that are  actuality accepted in the “Aragalaya”. Key pale holders in civilian association like the Bar Association, the Peoples Movement for Social Justice, led by Mr. Karu Jayasuriya and the Ceylon Chamber of Commerce all accept adumbrated approval for this change in accessible statements. They accept to accept that a Built-in Amendment to abate the powers of the Presidency will be the aureate aisle to accomplishing adherence and answerable governance.

Maybe President Gotabaya Rajapaksa himself has a eyes that he will apprehend for the nation the “vistas of abundance and splendour” he promised, in this agitative new and able-bodied packaged and media hyped transformation.  The President has emerged from aloneness already again, to accept televised affairs with his admiral and his “new” Minister of Agriculture. Admiral as accepted appeared to “sit in austere silence” about the table. The President instructed them with a grave announcement to do the actual adverse on fertilizer distribution, to what he accepted from them for the antecedent two years. Also, with Presidential aggressiveness he told them to administer accompaniment acreage to the bodies to abound clay and cowpea instead of paddy, and animate all citizens to breed aliment in their home area to abstain starvation. We can apprehend a archive notification on this shortly.

And so our accessible address has shifted to a focus on the 21st Amendment to the Constitution, that the Minister of Amends will accompany to Parliament for the Gotabaya Rajapaksa/Ranil Wickremesinghe government.

The 21st Amendment to the Constitution

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This Amendment is based on a Bill presented as a clandestine member’s Bill, a abbreviate while ago, back Mr. Wijeyadasa Rajapakshe was in the opposition. It was in one faculty a acknowledgment to the Samagi Jana Balavegaya clandestine member’s Bill presented by the baton of the Opposition Mr. Sajith Premedasa, as the 21st Amendment to the Constitution. The 21A of the Samagi Bill (21A S) seeks to ABOLISH  the Executive Presidency, while Mr. Rajapakshe’s Bill (21A (MoJ)) RETAINS  the institution, and aims to REDUCE the admiral of the President on the curve of the 19th Amendment allowable during the  Maithripla Sirisena/Ranil Wickremesinghe Yahapalanaya government. Both seek to abolition the 20th Amendment brought by the Gotabaya Rajapaksa government  that has been constantly criticized for accretion the admiral of the President, alike above those accustomed to President JR Jayewardene in the 1978 Architecture that continues to be the basal law of the country. Mr. Wijeyadasa Rajapakshe in his contempo new avatar as Minister of Amends has aloof his clandestine member’s Bill and has the abutment of the Rajapaksa/Wickremesinghe government to present it with some modifications  in Parliament as the government’s action on Built-in reform.

Critiques ask why the government is bringing the 21A (MoJ) to alone REDUCE Presidential admiral back the aragalaya as able-bodied as the Action abutment a Bill to ABOLISH  the Presidency. They point out that the Samagi Bill (21A (S),  has accoutrement (some acquired from the 19th Amendment itself) to strengthen the institutions of government with the independent  Commissions on affairs like the accessible account and animal rights, and additionally to accommodate stronger accoutrement for ecology banking administering by the President and  Controlling annex of government, to admonition ensure   accountability to Parliament. Mr. Rajapakshe’s government Bill (21A MoJ) additionally has various provisions to strengthen the accountability of the Controlling and the President to Parliament. We are told that these will be further strengthened to absorb changes suggested by civilian association and able groups. So the central difference is in absorption to the admission to the Controlling President’s role in governance.

Minister Rajapakshe has said in accessible that it is alarming to abate the Controlling Presidency in ablaze of the electoral  arrangement of proportional representation. The non-articulated affair of the Minister and some of those who abutment his Bill, from aural and outside Parliament, is that an Controlling Presidency is all-important to anticipate the 13th Amendment which devolves powers to Provinces being acclimated to actualize a abstracted accompaniment for the Tamils of the country. This altercation on able civic aegis and risks of separatism seem to accept afflicted some  civilian association organizations as well, to abutment Mr. Rajapakshe’s government Bill.

The affair that we charge a Presidency to anticipate a agitator agenda, that seeks to bisect our country, is ill founded. Article 2 of the Constitution recognizes that Sri Lanka is a “unitary state”. The 13th Amendment has been allowable aural the framework of that concept. There are abounding countries with Parliamentary democracies including India, Canada and UK area a Prime Minister in Parliament has to do the aforementioned job apropos civic aegis and   unity as are envisaged in the Presidential governance arrangement of Sri Lanka.

There is additionally a acumen that afterwards an Controlling President national aegis will suffer. Yet in Commonwealth countries, the Prime Minister and the chiffonier are amenable for civic security. Winston Churchill whose acquaintance PM Ranil Wickremesinghe compares with his own  gave administering in a war cabinet.

The tragic Easter Sunday agitator attacks demonstrates how PM Wickremesinghe, the empowered Prime Minister of the 19th Amendment and the Controlling President were butterfingers of responding finer to civic security.

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Mr. Rajapakshe presented addition rather atypical altercation in abutment of the government Bill back he met the Mahanayake of Asgiriya and added monks of the Sangha Sabha in Kandy. He said that if President Rajapaksa resigns there will be no agreement in absorption to his successor, back the Pohottuwa Party which has a majority may accept in his place, a actuality alike beneath able than the present incumbent!! This seems a somewhat damaging assessment of the   person in whose cabinet he has taken office. Besides, Minister  Wijeyadasa Rajapakshe charge apperceive that  under Article 40 of our Architecture when  a President ceases to authority office, the Prime Minister becomes  acting President  until Parliament elects a new President.

So we can accept that the Pohottuwa Party government which he and Prime Minister Ranil Wickremesinghe accept abutting will advise the crimson on Mr. Wickramasinghe. If that happens one would apprehend him to accomplish antecedent promises fabricated on the charge to abate the Controlling Presidency, and for an all affair acting government that the Aragalaya, which he says he supports, is demanding. If that does not appear the Pohottuwa government may abide afterwards Mr. Wickremesinghe and Mr. Wijeyadasa Rajapakshe. Besides, if Parliament by accord decides to abate the Controlling Presidency, there is no acumen for Minister Rajapakshe or anyone abroad to affliction about his successor.

All these developments indicate how we are already afresh trapped in diverse political calendar which plays out as an burning charge for Built-in ameliorate in the name of and for  “the People.” Mr. MA Sumanthiran the alone Member of Parliament with acquaintance and ability on Built-in and Accessible law has declared the 21A (MoJ) exercise in built-in ameliorate of the government as bare alike the 19th Amendment, and a abortive exercise to aftereffect systemic and institutional changes for answerable governance.

Yet the 21A (MoJ) exercise in built-in ameliorate has admiring media absorption as a effective and aboriginal footfall towards  good babyminding and responding to our desperate  political crisis and bread-and-butter collapse. Government itself has warned us that there is a blackmail of aliment insecurity and starvation by October 2022, and a amount of active impossible to bear. As a added catholicon for these ills, Minister Wijeyadasa Rajapakshe and Mr. Ranil Wickremesinghe and President Gotabaya Rajapaksa assure us that aural the time anatomy of this government (which they absolutely apprehend to booty appear achievement of their appellation of office)  a NEW  Architecture will be drafted and adopted.

This affirmation in accurate requires us as citizens to analyze the history of Built-in reform. For that history gives us a faculty of how abundant we can assurance these politicians promises and their credibility.

Constitutional Ameliorate 1972 to 1994

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These changes are affiliated with my own lived acquaintance as a aborigine of this country in this connected aeon of fifty years.

The Architecture of 1972  was hailed as a “homegrown” autochthonous Constitution that bankrupt the articulation with our colonial past. It was drafted by a distinctively created  Constituent Assembly with administering of a abundant lawyer, Dr. Colvin R de Silva. This congenital for the aboriginal time the concept of the Sovereignty of the People. Unfortunately the Peoples’  Sovereignty was conceptualized as the cachet of  the elected  Civic State Assembly (NSA)  or Parliament, as the “the absolute apparatus of Accompaniment power,” appliance the Sovereignty of the People. Alike more dangerously, all the admiral affiliated with babyminding in a democracy, i.e. the law authoritative power, the controlling ability including defence handled by the President and cabinet, and the administrative ability acclimatized through courts except in the case of privileges of Parliament were vested in the NSA. (Article 3, 4 and 5). Axiological rights were stated as aspirational norms and they could not be activated in the courts.

The appulse of these changes on institutions of babyminding and alone lives is recorded in abounding publications of the period. Political arrest with the ability of  the accessible service, the judiciary, and the administering of justice,  has been recorded. The address in which Chief Amends Victor Tennakoon struggled to aegis the attorneys is recorded in appear research. The accompaniment monopoly of the columnist and restrictions on across biking were also  institutionalized in this period. A highly regulated abridgement and nationalization of clandestine plantations had cogent bread-and-butter impact.

My own claimed activity was afflicted back a claimed vendetta against my husband, Raja Goonesekere, again Principal of the Law College and Chair of the Civilian Rights Movement, for adventuresome to broadcast a statement critical of Minister Felix Dias Bandaranaike’s response to bent amends afterwards the JVP uprising, led to legislation acerbic the freedom of the Council of Acknowledged Education. My bedmate absent his job as Principal of the Law College on apocryphal and trumped up allegations of actuality a CIA agent, because he was affianced in a analysis activity on the acknowledged profession  accurate by an American institution. Fellow researchers in the activity were the backward Neelan Tiruchelvam and the backward Amends ARB Amerasinghe!

The accompaniment ascendancy of media meant we could not challenge the affected account being published. We survived and coped with this difficult aeon because we had astronomic ancestors support, and  admission to the best acknowledged advice, from our accompany Suriya Wickremesinghe and backward Desmond Fernando, Chula de Silva and Mr. Satyendra PC. As I reflected on the agony suffered later by others because of State corruption of power, I accomplished how advantageous we were not to accost the approximate exercise of Accompaniment ability that placed alone lives at risk.  We larboard the country admitting my husband’s deep conviction: “one man and one woman and one country”. By the time we returned in 1982, JR Jayewardene had won  a barrage achievement with a commitment  to  acquaint a new architecture that would accompany for the People  Dharmishta babyminding based on account for the Rule of law and autonomous values.

The Jayewardene era alien in this country the abstraction of an all able Controlling President who would dominate   all aspects of governance. The immediate  negative impact on several aspects of governance is recorded in publications on the aeon which examine the  searing experience of indigenous and added forms of both  Accompaniment and alone acts of  violence, abnormally in the aeon of armed conflict. However, axiological rights were justiciable in the courts and board like backward Mark Fernando and ARB Amerasinghe accurate by animal rights and Constitutional lawyers like my bedmate and backward HL de Silva created a anatomy of jurisprudence that helped to accomplish rights allusive for bodies who suffered accompaniment abandon and corruption of power.

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I was in university administering during the years of the UNP governments of Presidents Jayawardene and Premadasa and    never accomplished the political arrest of the 1972 government. Excellent administering by UGC Chairman Arjuna Aluvihare, and Professor Dayantha Wijesekere of the Open University helped us survive the abandon and cope with the stresses. University Teachers for Animal Appropriate s (UTHR) was accustomed in this aeon with the abounding abutment of Prof. Aluvihare and Vice Chancellors like Prof Wijesekere. One abundant act of adventuresomeness by Arjuna was back he as Vice Chancellor of the University of Peradeniya, adored a apprentice angry to a column on campus from actuality set on fire. Such acts of atrocity but institutions and the acknowledged profession functioned, with amenable leadership. Freedom of accent and announcement had some amplitude in universities admitting there was Accompaniment abandon against journalists alike in these times.

(To be connected abutting week)

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