A vast number of progressive proposals that can make a real change in people’s lives will be missed if the Constitutional reforms process was stalled, Constitutional Assembly Secretariat Additional Secretary Yuresha Fernando said.
She was speaking at a panel discussion organised by the USAID and Internews at Lakshman Kadirgamar Institute on Wednesday. The event was to mark the launch of a report on Right to Information, Anti-Corruption and Bribery, Transitional Justice and Constitutional Reform.
She pointed out that the claims of Buddhism losing its foremost place and attempts of dividing the country, have overshadowed the public and media dialogue on Constitutional reforms.
“Many progressive proposals that really matter to the people’s lives have come up during the process including a very expansive Chapter of Fundamental Rights, but these have never come to the public limelight,” she stressed.
She said right to education, right to health services, right to environment, right to the ownership of property, right to privacy, right not to be subjected to disappearances, freedom to hold opinions without interferences, security of persons, freedom from exploitation, family rights, rights of children, senior citizens and persons with disabilities etc. have been newly added to the Fundamental Rights Chapter as per the proposals by the relevant sub-committee.
Recalling how a telephone call to the IGP led to a controversy in recent times, she observed the Law and Order Sub-Committee has proposed to include a new Clause stating that the subject minister can make no interference into case specific investigations. The subject minister can only take decisions on policies, she added.
“The permanent secretaries in the ministries are now hesitant to take decisions. The Public Service Sub-Committee has proposed a new Clause to make even the minister equally responsible for any order or decision being carried out by a ministry secretary under the orders of a minister. This will give more confidence to the ministry secretaries,” she noted.
She also pointed out that a proposal has been made to maintain ‘a senior management group’ and to make appointments to higher positions in the public service from that group.
“This way, political appointments to higher positions will cease as one does not qualify to get a higher appointment merely because of political influence,” she added.
She urged to create a vibrant discussion on these aspects of Constitutional reforms as well without framing it entirely on Buddhism and power devolution. “Do not be driven by the misinterpretations and half-baked truths when you analyze the claims of dividing the country. See whether there are checks and balances before coming to conclusions,” she said.
“Had the government taken the upper hand, it could have finished off the process by now, but the process consumed this much of time and effort because it was truly a multi-party process. That’s why the Steering Committee met 73 times. Reaching a political consensus across party lines was difficult and therefore, the report will contain two main parts, ‘Principles and Formulations’ in the first and ‘contentions and suggestions of various parties’ in the second,” Fernando said.
Responding to a question by a journalist, she said the 20th Amendment proposed by the JVP has not affected the Constitutional reforms process, adding that all parties were actively taking part in Steering Committee meetings.
Right to Information Commission Director General Piyathissa Ranasinghe and National Media Centre Director Jagath Liyanarachchi were the other panelists at the event moderated by Shan Wijethunge.
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