Pressure
mounts to resurrect Constitutional Council
A Sri Lankan lawyer who is also an international human rights activist,
a former judicial officer and a domestic civil rights activist have
now added their voices to the public call demanding that the Constitutional
Council be immediately constituted in terms of the 17th Amendment.
Basil
Fernando, (presently executive director of the Asian Human Rights
Commission), Samith de Silva (former High Court judge, Panadura)
and Jayanthi Dandeniya (head of Families of the Disappeared, Katunayake)
have written to President Mahinda Rajapaksa, requesting him to forthwith
make the appointments to the CC, once the nominations have been
received by him, as he is constitutionally required to do.
The
CC comprises the Speaker (as Chairman), the Prime Minister, the
Leader of the Opposition, one person appointed by the President,
five persons appointed by the President on the nomination of both
the Prime Minister and the Leader of the Opposition and one person
appointed upon agreement by the majority of parliamentarians belonging
to the political parties and/or independent groups not belonging
to the respective political parties of the Government or the Leader
of the Opposition.
Once
the nominations are made, they have to be communicated in writing
to the President who is then forthwith required to make the respective
appointments in terms of Article 41A(5) of the 17th Amendment. Last
week, the public was informed that the five joint nominations needed
to be sent by the Leader of the Opposition and the Prime Minister
had finally been sent to President Rajapaksa. The nominations had
been pending for over eight months after the term of the first Constitutional
Council ended early last year.
However,
the remaining nominee is yet to be named by the political parties
and/or independent groups not belonging to the respective political
parties of the Government or the Leader of the Opposition.
This
process has become complicated reportedly as a result of controversy
as to who exactly falls into this category out of the political
parties represented in Parliament with the JVP arguing that it is
also included in this grouping and consequently has a right to participate
in the decision making.
This
controversy is likely to delay the constitution of the CC yet further.
In their letters sent to President Rajapaksa, the Leader of the
Opposition and the Prime Minister, Mr Fernando, Mr de Silva and
Ms Dandeniya have pointed out that a disturbing hiatus in constitutional
governance had arisen as a result of the non-constitution of the
CC due to the ‘highly regrettable” delay on the part
of those who had the constitutional duty to make the required nominations.
Consequently,
even though the terms of office of key commissions such as the National
Police Commission and the Public Service Commission lapsed in November
2005, new members to the said commissions could not be nominated.
In addition, appointments to the higher judiciary have been left
pending.
In
particular, insofar as the NPC mission and the PSC are concerned,
the Cabinet has recently decided to allow the Inspector General
of Police and heads of ministries/departments to respectively exercise
the powers of these two Commissions in the interim period till they
are re-constituted. This has been stated to have led to tremendous
public concern in regard to the nullification of the provisions
of the 17th Amendment.
Similar
letters have also been written to the leaders of political parties
and/or independent groups not belonging to the respective political
parties of the Government or the Opposition, including the JVP,
urging them to reach a consensus as to who belongs into this category
and thereafter, to make the required nomination speedily.
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