Karu makes impassioned appeal to preserve “democratic essence” of 19A

• Calls on President and PM to preserve democratic aspirations of the people when 19A was adopted 
• Recalls Amendment received unprecedented 215 votes, including from many in Govt. 
• Insists inclusivity and balance of power given by 19A should be preserved in both 20A and new Constitution 

Former Speaker Karu Jayasuriya yesterday made an impassioned appeal for the Government to preserve the “democratic essence” of the 19th Amendment, recalling that it received an unprecedented 215 votes in favour and any legislation replacing it should strive to be progressive and inclusive.   Releasing a statement ahead of the first sessions of the Ninth Parliament, Jayasuriya also recalled that many members of the ruling party were among those who voted for the now orphaned 19th Amendment. 

The full statement is given below.  

It is my pleasure to send good wishes to the 9th Parliament that was declared open on 20 August. The new Parliament embodies the strong mandate given to the Government. It is also welcome that more than a third of the Parliamentarians are first-time members, reflecting the people’s wish for a fresh start.

The observations made here in good faith are based on the 2/3 mandate sought and received by the Government at the Parliamentary Elections held this month.

In his policy speech, President Gotabaya Rajapaksa announced the wish of his Government to abolish the 19th Amendment to the Constitution and, subsequently, to introduce a new Constitution to the country. The 19th Amendment was a near-unanimous amendment to the Constitution. It was passed with an unprecedented 215 votes in favour.

As a person who has dedicated my whole political career to the cause of strengthening Sri Lanka’s democracy, I would like to draw the attention of President Gotabaya Rajapaksa, Prime Minister Mahinda Rajapaksa and the Government to the need to protect and enhance the essence of democracy embedded in the 19th Amendment.

The 19th Amendment to the Constitution embodies the democratic aspirations of the people at the time of its adoption. The only progressive reform before the 19th Amendment was the 17th Amendment to the Constitution that was passed in 2001.

The 17th Amendment was born as a result of the public outcry during the famous Wayamba Elections where several malpractices, killings, arson and harassment took place. Members of the clergy of all faiths, academics and members of the Opposition, civil society and professionals voluntarily formed in to a ‘citizens committee’ that drafted the first document. 

The committee was chaired by me when I served as the Mayor of Colombo. The JVP agreed to support the then PA/SLFP Government on the basis that 17th Amendment was introduced. Although independent commissions were formed the Elections Commission did not function due to the disagreement with regard to the Chair. Then President was not agreeable to appoint the suggested name. The Elections Commission was established in 2015.

As envisioned by Venerable Maduluwawe Sobitha Thero, the 19th Amendment could build on that and strengthened the Parliament, reduced excessive powers accumulated in Presidency, reintroduced independent commission to ensure that critical institutes of the country such as public service, Judiciary, electoral system, human rights and Police etc. are protected from political influence. 

It also introduced the Constitutional Council, with the membership of the Government, Opposition, and the civil society to have a process by which appointments to important positions and independent commissions are made with a national consensus.

In the spirit of the 19th Amendment, it is welcoming to note that the President appointed 26 ministers to the Cabinet, thereby following the 30-member limit introduced under 19A. Further, the Right to Information act, which is considered as one of the best in the world, has been integrated into the 19A, by way of recognising Right to Information as a fundamental right. This is the only improvement to the fundamental rights introduced under the 1978 Constitution.

These reforms have been enacted after wide consultation and negotiation within the Parliament and the civil society. In fact, the majority of the approving votes came from the UPFA members, led by President Maithripala Sirisena in 2015. Besides, even the present Parliament consists of a majority of members who have voted for the 19th Amendment.

In this situation, if the Government abolishes the 19th Amendment, and a new Constitution is passed, that must be done after wide consultation with all stakeholders, including all political parties, citizens’ organisations, and eminent individuals and general public.

Democracy is a much-valued legacy of Sri Lanka and people treasure the freedoms they have. 19th Amendment symbolises this democratic spirit. I request President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa to undertake to properly analyse and evaluate any technical shortcomings of the 19th Amendment while respecting and upholding the essence of the 19th Amendment to the Constitution in future reforms. 

As the proverb goes, one should not ‘throw the baby away with the bath water’. As such, respect for democracy and rule of law is mandatory for us to rise as a proud nation in the world.

As a responsible and concerned citizen, I wish good luck to the new Government and the proposed Constitution-making process, with the sincere hope that it will strengthen Sri Lanka’s democracy and provide an inclusive platform for the country to achieve prosperity for all.

SJB questions haste to abolish 19A 

• Kiriella says 19A passed with support of all parties
• Requests Govt. to be forthcoming about changes it proposes to make
• Leader of House says 19A has left country in a mess

The Samagi Jana Balawegaya (SBJ) yesterday questioned in Parliament the Government’s indecent haste to abolish the 19th Amendment to the Constitution and said most sitting in the Government side today had voted in its favour in 2015.

“We introduced the 19A to reduce the powers of the Executive President and at the time the UNP had only 45 seats even though in Government but we got the required two-third majority in the House to pass this Amendment,” Chief Opposition Whip and SJB Kandy District MP Lakshman Kiriella said.

He said that the Government had not disclosed if it proposed to retain the independent commissions set up under 19A. “Tell the country how 19A is going to be amended. Is it being done for the benefit of the people or to serve some other secret agenda?” he questioned.

Kiriella also said that the ‘one country, one law’ concept was not realistic. “There are many customary laws in this country. There are Kandyan laws, the Thesawalami law, the Muslim laws, etc. It is difficult to change these laws which are hundreds of years old,” he said.

Leader of the House Minister Dinesh Gunawardena said that 19A had left the country in a mess and had to be changed.

“The President was elected in November last year but he could not dissolve Parliament because of 19A. He had to wait for the end of four-and-a-half years of its term to be completed. Because of this Parliament was dissolved in March and elections had to be postponed twice due to COVID-19. This amendment has tied the President’s hands and left the country in a mess,” Minister Gunawardena claimed.