Liberal Party of Sri Lanka

Reconciliation – Ideas for Constitutional Reform 9

Promoting consultation in Parliament

I promised to return to the subject, since I did not spend much time on discussing Committees of Parliament. These should be extremely important, since they should be the principal forums in which Parliament discharges its two vital responsibilities, namely legislation and financial oversight.

In most Parliaments, important business is conducted through Committees, with plenary sessions reserved for the cut and thrust of debate, for discussion of broad policy issues, and for questions to keep government on its toes. The Sri Lankan Parliament does still have lively debates and discussions, though the function of questions has collapsed, since Ministers now postpone answers to difficult questions, and there are no sanctions against them when this happens. We tried, when the Committee to amend Standing Orders was sitting, to introduce a provision whereby the Speaker reports to the Head of the Executive any Ministers who are in dereliction of their duties. Unfortunately that Committee went the way of all Parliamentary Committees, into virtual oblivion.

Reconciliation – Ideas for Constitutional Reform 8

Judicial Accountability

The last section I had planned to look at in this series is the Judiciary, though that may be the most important in the current context. The basic suggestions I put forward some weeks back, before the crisis had got so grave, basically addressed problems that were developing precisely because we were confused about two principles that all constitutional dispensations should hold sacred.

The first is that the judiciary should be independent, which means that there should be no interference, by individuals or any other branch of government, with regard to the content of the decisions it makes.

Reconciliation – Ideas for Constitutional Reform 7

The Functions of the Cabinet of Ministers

When the German Liberal Foundation, the Friedrich Naumann Stiftung, first asked me to conduct workshops on Liberalism in other countries in South Asia, they provided me with training materials which I found enormously useful. One set related to the functions of government, and involved discussion with participants as to what it was essential that government be in charge of. We used to find then that, though Liberalism believes in limiting the role of government, there were many areas where government, even though small, had to be strong.

Areas that required a decisive role for the State related primarily to Security. This however had to be interpreted broadly, and included not just physical security, but also areas in which citizens had to feel confident of equal protection. Thus almost invariably we would decide that there were several areas which required Ministries that both made policy and implemented it. Included here are also areas where a supervisory role is needed for other layers of government, and in particular to provide training and skills development.

CALD Conference on Challenges to Fundamental Freedoms - 2 March 2013

We, the representatives of member parties, partners, and friends of the Council of Asian Liberals and Democrats (CALD), on the occasion of the Conference on Challenges to Fundamental Freedoms:

Recognizing that all human beings possess fundamental freedoms and rights by virtue of their humanity, and not on the basis of their citizenship, race, nationality, language, ethnicity, religion, gender, sexual orientation, social class, or any other status;

Acknowledging that in many countries, notwithstanding democratic development in recent years, fundamental freedoms and rights are still under threat – and this alarming state of affairs exists in democratic and non-democratic states alike;

Noting that challenges to fundamental freedoms and rights in democratic countries emphasize the need for continuous democratic development, and for enduring vigilance to preserve democratic gains;

Emphasizing that threats to fundamental freedoms and rights are more severe in countries living under a despotic government, or those experiencing a crisis or war;

Highlighting the need to strengthen recognition and implementation of political rights, economic freedom, civil liberties by enshrining them in the country's constitution;

Noting that political rights, economic freedom and civil liberties should be interrelated, interdependent and indivisible - the realization of one right or freedom facilitates advancement of the others. Alternatively, the deprivation of one adversely affects the others;

Underlining that international solidarity and cooperation is essential in helping overcome challenges to fundamental freedoms and human rights in Asia and beyond;

Do hereby:

The need for Electoral Reform – Continuing discussions on Constitutional Reform in the current context

The third in the series of discussions organized by the Liberal Party on Ideas for Constitutional Reform will be held on Wednesday February 20th at 5.30 pm at the Auditorium of the International Centre for Ethnic Studies, 2, Kynsey Terrace, Colombo 8.

ELECTORAL REFORM will be the topic. Attention will also be paid to the changing role of Parliamentarians, given the demands of functioning in both a legislative and an executive role. Mechanisms to ensure that the problems of constitutents are addressed without compromise of the wider interests of the nation will also be explored.

The opening presentation will be by Prof Rajiva Wijesinha, and discussants invited include Hon M A Sumanthiran, Hon Dayasiri Jayasekara, Hon Hassen Ali, Dayan Jayatilleka and Pradeep Jeganathan.

All are welcome. The fourth discussion in the series will be on March 6th, on 'Freedom of Information'.

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