“The 22nd Amendment to the Constitution Bill in its present form does not meet the aspirations of the people who are agitating for a change in the system”, President of the Bar Association Sri Lanka Saliya Peiris (PC) stated. He was speaking at a press conference held at BASL yesterday (08).
He also said that the 22nd Amendment would not result in a change in the system which resulted in the economic crisis and would not result in the establishment of independent institutions which are vital for change.
President’s Counsel Peiris further stated that the Bill would not create a climate of confidence both within the country and outside the country of an intention to engage in proper political reform.”
“The proposed 22nd Amendment as presently constituted does not sufficiently guarantee the independence of the process of appointment of non-Parliamentary members of the Constitutional Council.We have proposed seven parliamentarians and three non-parliamentarians to the constitutional council. The proposed 22nd Amendment as presently constituted does not sufficiently guarantee the independence of the process of appointment of non-parliamentary members of the Constitutional Council. The 22nd Amendment has proposed that they should be appointed with the approval of the majority of the members of parliament. Then the majority of parliament would be able to control the composition of the constitutional council. If the constitutional council is not independent then a question would arise as to the independence of the appointments which the constitutional council approves and all the appointments which the constitutional council proposes to the independent commissions”, He further mentioned.
The Basl President also stressed that the independence of institutions and those holding key offices including the judiciary and the Central Bank are vital to the restoration of political and economic stability in the country.
The BASL Executive Committee also observes that the 22nd Amendment does not guarantee sufficient checks and balances on the exercise of powers by the incumbent President under the current Parliament, since most of the provisions in the amendment which seek to limit the powers of the president will become operative only after the dissolution of the present Parliament.
“At present, several subjects and functions unrelated to defense including certain sectors vital to the economy such as Telecommunication and Information Technology are retained by the President. The BASL is concerned that the proposal to require the President to be the Minister in charge of the subject of Defense without failing to circumscribe the subjects and functions which could fall under the defense portfolio, gives the President a pathway to retain to himself as Defense Minister subjects and functions which are not directly related to the defense of Sri Lanka,” PC Saliya Peiris added.
The BASL also observed that the 22nd Amendment in its present form will neither inspire any confidence among the people of Sri Lanka nor create an environment of transparency and accountability which foreign Government, donor agencies and foreign investors have called for and such will fail to achieve political and economic stability. It is regrettable that although three months have been passed since public protests began which included a call to reform the constitution that up to now no meaningful efforts have been taken to address the basic demands of the people for real reform.