The United National Party (UNP), while calling for the enactment of a new Constitution, said yesterday that it was committed to a unitary state, which would genuinely devolve power to the provinces without usurping its effectiveness. Opposition and UNP leader, Ranil Wickremesinghe, releasing his party’s manifesto at the parliamentary complex, said that there was an urgent need to adopt a new Constitution since the dignity and sovereign rights of the people had been forcibly taken away by the Rajapaksa regime.
Wickremesinghe said that the proposed Constitution would be implemented by a future UNP government in association with its Opposition allies, while taking into consideration the agreements and pledges given by the ruling UPFA to the Sri Lankan Parliament and the United Nations. They would include President Mahinda Rajapaksa’s speech to Parliament in May 2009, recommendations of the Lessons Learnt and Reconciliation Commission, the Tissa Vitharana Report and connected documents, including papers exchanged at the talks between the SLFP and the TNA, joint communiqué between the UPFA government and the United Nations Secretary General in May 2009 and resolutions on Sri Lanka at the United Nations Human Rights Council.
Pledging to abolish the Executive Presidency and substitute it with a Head of State elected by the people, Wickremesinghe said that the President’s powers would be divided among the Head of State, the Prime Minister and the Speaker’s Council.
The UNP leader noted that as a novel system the executive powers will be exercised on an apolitical basis subject to checks and balances. The Prime Minister would be elected by the people at an election and would govern with his Cabinet, which would be responsible to Parliament, while the Head of State will be the Head of the Council of State on whose advice he would act.
The decisions of the Council of State shall be by consensus. In the event there was no consensus the majority decision would prevail. That would pave the way to practice the Buddha’s preachings on governance, peaceful assembly, peaceful dialogue and peaceful dispersion, the UNP leader observed.
The Council of State would consist of the Prime Minister, the Leader of the Opposition and Leaders of political parties represented in Parliament and Chief Ministers of the Provinces, Wickremesinghe said adding that with a view to adopting a system similar to that of the Westminster system, the Cabinet of Ministers would be restricted to 25, including the Prime Minister.
The UNP leader noted that during the last several years on President Mahinda Rajapaksa’s watch, the office of Executive President had been desecrated by destroying all checks and balances that had been built into the system. The dignity and integrity of that office had been reduced to a despicable state as a result of the blatant abuse of power and the creation of an authoritarian regime marked with extreme nepotism and corruption, with gross disregard for democratic values and fundamental human rights, Wickremesinghe alleged.
There was an urgent need to establish a just and equitable society, creating an environment for all people to live in peace and harmony while enjoying their fundamental rights, irrespective of any difference of creed, religion, language or political opinion, the UNP leader said.
The other priorities, he said, would include the establishment of a vibrant and prosperous economy, which had been completely destroyed in the recent past, including the creation of opportunities to generate income for the people.
Wickremesinghe also called for the independence of the judiciary and law and order, which, he said, had been critically and unprecedentedly debilitated during the recent past and the restoration of the pristine glory previously enjoyed by Sri Lankans in the international arena.
Preamble
The Second Republican Constitution was adopted in 1978 to provide for the economic, political and social development of the country. It achieved the expected objectives including the socio-economic transformation of the country, to a great extent.
During the last several years under Mahinda Rajapaksa’s regime, the office of Executive President has been completely desecrated, by destroying all the checks and balances that were built into the system. The dignity and the integrity of that office has been reduced to a despicable state as a result of the blatant abuse of power and the creation of an authoritarian regime marked with extreme nepotism and corruption, with gross disregard for democratic values and fundamental human rights.
There is now an urgent need to restore the dignity and sovereign rights to the People which were forcibly taken away by the present regime, and to adopt a new Constitution for: - the establishment of a just and equitable society, creating an environment for all people to live in peace and harmony while enjoying their fundamental rights, irrespective of any difference of creed, religion, language or political opinion; - the establishment of a vibrant and prosperous economy, (which has been completely destroyed in the recent past), including the creation of opportunities to generate income for the people; - the restoration ‘of the independence of the judiciary, law and order, which has been critically and unprecedentedly debilitated during the recent past; - the restoration of the pristine glory previously enjoyed by Sri Lankans in the International arena.
Main features of the Constitution proposed to be adopted by the United National Party Government
Sovereignty is in the people and is inalienable.
Sovereignty is exercised directly through universal suffrage, and includes the following fundamental rights:
a. Universal access to education,
b. the right of persons belonging to a religious or ethnic community to enjoy their culture, practices and their religions and use their language,
c. Right to good administration.
The Sovereignty of the People requires that Parliament and the Government are accountable to the people.
01. Restoration of the People’s Sovereignty
i. The Constitutional framework will enshrine the Rule of Law within a democratic framework. Not only the ruled but the rulers are also subject to the Rule of Law.
ii. Buddhism will be given the foremost place while assuring the rights of all other religions in compliance with the International Covenant on Civil and Political Rights (ICCPR).
iii. Fundamental human rights shall be guaranteed and secured for each and every person irrespective of any race, religion, language, caste, sex, political opinions or any other differences.
iv. The Directive Principles of State Policy imposes the duty and the responsibility upon the State to provide necessary facilities for good health, opportunities for employment, access to education, protection of family rights, children and women’s rights, rights of senior citizens and disabled persons.
v. The Constitution will guarantee the freedom of expression and will be strengthened to include the right to information.
02. Legislature
i. Parliament shall consist of 225 members elected on a mixed system where each constituency will elect its representative and the final result (seats in Parliament) will reflect the Party’s true strength (i.e. total votes polled) at elections. This system will give value for every vote cast.
ii. The system of preference votes will be abolished.
iii. The tenure of the Parliament and the Provincial Council is fixed at five years.
iv. Elections for the Parliament and all Provincial Councils shall be conducted on one and the same day, and in the event the Head of State is also to be elected, that election will also be held on the same day.
v. Any Member of Parliament or a Member of any Provincial Council or a Member of any Local Government Institution who loses the party membership from whichever Party he/she is elected/appointed to that institution shall cease to be a Member of that institution forthwith.
vi. If any Member of Parliament, or a Member of any Provincial Council or a Member of any Local Government Institution fails to submit Annual Declaration of Assets and Liabilities within the stipulated time period, he/she shall cease to be a Member of that body. Ministers and Deputy Ministers shall also be required to submit their Annual Declaration of Assets and Liabilities to the Speaker instead of the Executive as it is done now.
vii. If any Member of Parliament, or a Member of any Provincial Council or a Member of any Local Government Institution is convicted for a crime irrespective of whether he/she serves a jail sentence or not, he/she shall cease to be a Member of that body.
03. Executive
i. Presidency will be abolished.
ii Instead of the Presidency, a Head of State will be substituted. The current powers conferred on the Presidency will be divided among the Head of State, the Prime Minister, and the Speaker’s Council.
Option 1 : A Prime Minister elected by the people at an election to govern with the Cabinet. The Prime Minister and his Cabinet are responsible to Parliament.
Option 2 : As a novel system the executive powers will be exercised on apolitical basis and to be subject to checks and balances.
2.1: To ensure direct exercise of the People’s Sovereignty, the Head of State will be directly elected by the people.
2.2: The Head of State will be the Head of the Council of State (which will consist of the Prime Minister, Leader of the Opposition, the Leaders of the political parties represented in the Parliament and the Chief Ministers of the Provinces), and will act on the advice of the Council of State.
2.3 The Council of State shall decide on all political directions and national priorities. The Cabinet of Ministers headed by the Prime Minister and the Provincial Boards of Ministers shall be responsible for implementation of the decisions of the Council of State.
2.4 The decisions of the Council of State shall be by consensus. In the event there being no consensus the majority decision will prevail. This will pave the way to practice Lord Buddha’s preachings on governance - peaceful assembly, peaceful dialogue and peaceful dispersion.
Option 3 : To adopt a system similar to that of the Westminster system.
iii. The Cabinet of Ministers will be restricted to 25 including the Prime Minister.
iv. There shall be a Speaker’s Councils consisting of the Speaker, the Prime Minister, and the Leader of the Opposition and representatives of all political parties represented in Parliament. The Speaker shall be the Chairman.
V. On recommendations of the Council of State, the Head of the State shall appoint members to Independent Commissions, Justices to the Constitutional Court and Superior Courts. Heads of State Institutions shall be appointed by the Head of State with the approval of the Speaker’s Council.
04. Devolution of Powers
i. While Sri Lanka remains a Unitary State, powers will be genuinely devolved to Provincial Units taking into consideration:
a. The Joint Communique between the Government of Sri Lanka and the Secretary-General of United Nations in May 2009;
b. Resolutions on Sri Lanka at United Nations Human Rights Council;
C. Tissa Vitharana Report and the connected documents including papers exchanged at the talks between the SLFP and the TNA;
d. Recommendations of the Lessons Learnt and Reconciliation Commission;
e. President Mahinda Rajapaksa’s speech in Parliament in May 2009.
ii. The Office of the Governors of the Provinces will be abolished and their powers and functions shall be performed by the Head of State.
iii. The Member who commands the majority of a Provincial Council shall be appointed as the Chief Minister and the Leader of the political party which has secured the next highest number of seats shall be appointed as the Deputy Chief Minister.
iv. The Boards of Ministers of the Provincial Councils will be appointed proportionately to the votes polled by the respective political parties in such Council.
05. Judiciary
i. There shall be an independent and separate Constitutional Court which shall be solely responsible for inter-ilia the interpretation of the Constitution and the examination of the constitutionality of Bills and its decisions are final and conclusive. The Executive and the Legislature are bound to follow the decisions of the Constitutional Court.
ii. The tenure, salaries, allowances and privileges of all the judicial officers shall be guaranteed. In the event of any impeachment against Justices of Superior Courts, the Constitutional Court is empowered to investigate into the charges leveled against such Justices, in compliance with the Commonwealth principles (Latimer House Declaration).
iii. The Constitutional Court shall be empowered to hear and determine Parliamentary Election Petitions and there shall be a fixed time period within which the cases are to be concluded.
06. Good Governance
i. Independent Election Commission, Independent Police Commission, Independent Public Service Commission, Independent Judicial Service Commission and Independent Anti-Corruption Agency would be set-up as a matter of utmost priority.
ii. All elections shall be conducted by the Independent Election Commission which shall have the powers to issue directions to all agencies involved in the election process including both State and Private media.
iii. The State will promote and strengthen measures to prevent and combat corruption efficiently and effectively. The institutions of government will promote integrity, accountability and proper management of public affairs, public property and public resources.
iv. A new anti-corruption law will be enacted to give effect to the United Nations Convention on Corruption.
V. There shall be codes of ethics for Parliamentarians, Members of the Council of State, Justices of the Constitutional Courts, Superior Courts, Members of the Judiciary and all other elected Members of the Provincial Councils and Local bodies in accordance with international criteria.
vi. Anti-Corruption Agency law shall include Bribery and Corruptions in the private sector and shall apply retrospectively.
vii. Parliamentary Oversight Committees such as Committee on Public Enterprises (COPE) and Public Accounts Committee (PAC) would be strengthened and Parliament shall take steps to ensure that their recommendations when approved by Parliament are implemented.
viii. There shall be an independent secretariat with a data bank to facilitate investigations by COPE and PAC and they shall be empowered to examine the estimates of annual budgetary allocations before annual budgets are presented.
ix. Any project or investment or contract exceeding the value of Rupees One Billion shall be examined by a specially constituted Select Committee of Parliament.
07. Participatory Democracy
Women’s Rights:
i. There shall be an allocation of 25% for women’s participation in Provincial Councils and Local Government Institutions.
ii. There shall be a Women’s Chamber representing all strata of women from all over the country to deal with the diverse women’s interests. The Women’s Chamber shall be an instrument of deliberative democracy to uphold and enforce women’s rights. The Chamber will also exercise other powers vested by Parliament.
Community Council:
iii. With a view to establishing participatory democracy and building national reconciliation, there shall be community based Councils in each Grama Sevaka Division which are obliged to perform and function on apolitical basis.
Within 6 months after the formation of a government by the United National Party, the draft constitution will be submitted for the approval of the people at a referendum. This will be the first Constitution to be adopted by the people of this country.
විධායක ජනාධිපති ක්රමය සම්පූර්ණයෙන්ම අහෝසි කර ජනතා පරමාධිපත්ය නැවත ජනතාව වෙතම පැවරෙන පරිදි සකස් කරන ලද එක්සත් ජාතික පක්ෂයේ නව ආණ්ඩුක්රම ව්යවස්ථාවේ පළමු පිටපත පාර්ලිමේන්තු කමිටු ශාලාවේදී පක්ෂ නායක රනිල් වික්රමසිංහ මහතා විසින් මහා සංඝරත්නය වෙත ඊයේ පිළිගන්වන ලදී.
එජාප පාර්ලිමේන්තු මන්ත්රීවරුන්, විද්වතුන් වෘත්තිකයන් ඇතුළු විශාල පිරිසක් මෙම අවස්ථාවට සහභාගි වී සිටියහ.
මෙම නව ව්යවස්ථා යෝජනාවට අනුව විධායක ජනාධිපති ධුරය අහෝසි කෙරෙන අතර ඒ වෙනුවට "රාජ්ය ප්රධානියකු" පත් කොට ජනාධිපතිවරයා සතුව පවතින බලතල එම රාජ්ය ප්රධානියාත්, අගමැතිවරයාත්, කථානායකවරයාත් ඇතුළත් කමිටුවක් වෙත පැවරීමට යෝජනා කර ඇත.
පාර්ලිමේන්තුවට වගකියනු ලබන අගමැතිවරයකු සහ 25 දෙනකුට නොවැඩි කැබිනට් මණ්ඩලයකින් ආණ්ඩුව පවත්වා ගෙන යා යුතු යෑයිද එමඟින් යෝජනා කර තිබේ.
ජනතාවගේ පරමාධිපත්ය බලය නැවත ජනතාවට ලබාදීම, ව්යවස්ථාදායකය, විධායකය, බලතල බෙදීම, අධිකරණ පද්ධතිය, යහපාලනය, සහභාගීත්ව ප්රජාතන්ත්රවාදය ලෙස කාණ්ඩ 07 කට වර්ග කොට ඇති මෙම යෝජිත ව්යවස්ථාවෙන් මනාප ඡන්ද ක්රමය අහෝසි කෙරෙන අතර පාර්ලිමේන්තු සහ පළාත් සභා ධුර කාලය වසර 05 කට සීමා කොට ඇත.
යෝජිත ව්යවස්ථාවෙන් කිසියම් මන්ත්රීවරයකුට සිය දේශපාලන පක්ෂය මාරු කිරීමට අයිතියක් නොලැබෙන අතර යම් පාර්ලිමේන්තු, පළාත් සභා හෝ පළාත් පාලන ආයතන මන්ත්රීවරයකුට සිය පක්ෂ සාමාජිකත්වය අහෝසි වීමේ හෝ අපරාධයකට වරදකරු වුවහොත් හෝ සිය මන්ත්රී ධුරයද අහෝසි වේ.
පළාත් ආණ්ඩුකාර ධුරය අහෝසි කොට අව්යාජ ලෙසම පළාත් ඒකක සඳහා බලතල බෙදා හැරෙන අතර පළාත් සභාවකට ඉදිරිපත්වී ඒ ඒ පක්ෂ ලබාගත් මන්ත්රී ආසන අනුව පළාත් ඇමැතිකම් ලබාදීමද සිදු කරනු ඇත.
ආණ්ඩුක්රම ව්යවස්ථාව අර්ථ නිරූපණය කිරීමේ බලය ව්යවස්ථා අධිකරණයක් වෙත පැවරෙන අතර සියලුම විනිශ්චයකාරවරුන්ගේ කටයුතු සහ පාර්ලිමේන්තු මැතිවරණ පෙත්සම් විභාග කිරීමේ බලය මෙම පිහිටුවනු ලබන ආණ්ඩුක්රම ව්යවස්ථා අධිකරණයට පැවරේ.
ස්වාධීන කොමිෂන් සභා නැවත පිහිටුවෙන අතර මැතිවරණ කටයුතුවලදී සියලුම මාධ්ය වෙත ස්වාධීන මැතිවරණ කොමිෂන් සභාව විසින් නිකුත් කරනු ලබන නියෝග පිළිගත යුතුවේ. තොරතුරු දැන ගැනීමේ අයිතියද ඊට ඇතුළත්ය.
එක්සත් ජාතීන්ගේ දූෂණයට එරෙහි ප්රඥප්තිය බලාත්මක කිරීමට හැකිවන පරිදි දූෂණ විරෝධී නව නීති පැනවීම, ජාත්යන්තර නිර්ණායකවලට අනුකූලව පාර්ලිමේන්තු මන්ත්රීවරුන්, විනිශ්චයකරුවන් සඳහා ආචාරධර්ම පද්ධතියක් පැනවීම, රාජ්ය අංශයේ මෙන්ම පෞද්ගලික අංශයේ සිදුවන චෝදනා විමර්ශනය, පොදු ව්යාපාර තේරීම් කාරක සභාව සහ රාජ්ය ගිණුම් කාරක සභා නිර්දේශ ක්රියාත්මක කිරීම පාර්ලිමේන්තුවට පැවරීම රුපියල් මිලියන 1000 ඉක්මවන රාජ්ය ව්යාපෘති හෝ ආයෝජන ගිවිසුම් පරීක්ෂා කිරීම පාර්ලිමේන්තුව වෙත පැවරීම සිදු කෙරේ.
සියලුම පළාත් පාලන ආයතන සඳහා කාන්තා නියෝජනය 25% ක් වීම, ජන කොට්ඨාස අතර සංහිඳියාව වර්ධනය කිරීමට ප්රජා සංවර්ධන සමිති පිහිටුවීමටද යෝජනා කර තිබේ.
නව ව්යවස්ථාව එජාප ආණ්ඩුවක් පත්වී මාස 06 ක් ඇතුළත ක්රියාත්මක කරනු ලබන අතර ඊට ජනමත විචාරණයක්ද පවත්වනු ඇත.
මෙම නව ව්යවස්ථාවේ ආර්ථික පිළිවෙත සම්බන්ධ යෝජනා සැප්තැම්බර් මස වන විට ඉදිරිපත් කරන බව කී එජාප නායකයා ඊයේ ඉදිරිපත් කරන ලද මෙම නව ව්යවස්ථා යෝජනාව ඇතුළත් වෙබ් අඩවිය අද සිරිකොතදී විවෘත කරන බවද කීවේය.
මෙම අවස්ථාවට විපක්ෂයේ දේශපාලන පක්ෂ නායකයෝ පාර්ලිමේන්තු මන්ත්රීවරු ඇතුළු විශාල පිරිසක් සහභාගි වූහ.
UNP draft proposal for a new constitution
