Media Releases

The Cabinet of Ministers has directed the Legal Draftsman to draft legislation that would replace the existing legislation that covers NGOs.  The cabinet note on this issue points to the different laws that civil society organisations may register under and seeks to bring them all under a unified system of oversight.  It also gives the background of the Easter terror attack as requiring the new legislation which would ensure financial transparency and accountability. The National Peace Council finds it very concerning as the government has so far had no discussion with NGOs such as ours on these matters, or shared or made public the draft legislation that the Legal Draftsman will work on. The draft legislation has the potential to impact upon civil society independence and role as part of the system of democracy.

A group of civil society members under the umbrella of the Sri Lankan Collective for Consensus met with President Gotabaya Rajapaksa together with Minister of Foreign Affairs, Dinesh Gunawardena, President’s Secretary Dr P B Jayasundara and Foreign Secretary, Admiral Professor Jayanath Colombage, at the Presidential Secretariat on August 3, 2021. The undersigned civil society members presented a memorandum that set out their hopes and concerns and welcomed the opportunity to engage with members of the government on topics of post-war reconciliation, minority rights, civil society space, and governance.

Several protests by different political parties and civil society groups on grievances facing different sectors of society have been broken up by the police. The latest was the breakup by police of a peaceful public protest by a civil society group including Joseph Stalin, head of the Ceylon Teachers Union. The protestors, including elderly women and religious clergy, were arrested by the police on grounds of violating Covid health guidelines. When the judge refused to send them to a distant COVID quarantine center, the police forcibly carried them off to be transported to an army camp in the North.

There is increased international scrutiny of Sri Lanka that is critical in nature and foretells sanctions to come. A country that was ahead of almost all others in Asia at the time of independence is almost at the bottom today in terms of economic prospects. All those who governed the country to date share the responsibility for this failure. Unless there is a strong will and genuine commitment to have a unified country with law that applies to all in equal measure to all we may not see positive development in the country.

Despite entering into the 3rd week of lockdown the infection and death rates in the country due to the Covid virus continue to remain high which has led to the extension of the lockdown. One of the significant tragedies of this pandemic which has been noted by professional medical associations is the disproportionate number of elderly persons who have died as a result of Covid infection. Over 73 percent of the deaths in Sri Lanka are of persons who are above 60 years of age according to the Sri Lanka Medical Council, while they are only 18 percent of the country’s population. This is on account of the failure to give priority in providing vaccination to the elderly population.

The 12th year of the end of the war will fall on May 18 and 19. May 18 is the day that the Tamil people in the North and East have selected to remember those who died in the course of the war, particularly in its last phase. May 19 is the day that the government celebrates its war victory. These two days have become symbolic of the continuing ethnic polarization within the country. The National Peace Council regrets that 12 years after the fighting ended on the battlefields of the North, the war continues in the minds of the people. Until there is collective remembrance of loss, there will continue to be a reinforcement of the separation through separate memorialisations.

The second year anniversary of the Easter bombings that primarily targeted Christian churches took place last month with the motivations and masterminds of the bombing still shrouded in mystery. Despite many inquiries that have been held during the terms of the previous and present governments, there continues to exist a dark cloud of unknowing which is leading to various speculations gaining ground, which add to the considerable mistrust in society. The government, religious organisations and donors have given considerable material support to the victims that has sustained them in different ways. However, their quest for truth and justice still remains unfulfilled.

The singing of the national anthem became a matter of controversy last year at the National Independence Day celebration when it was sung only in Sinhala and not in both the official languages as it had been sung in the previous years in keeping with the national reconciliation process. The singing of the national anthem in both the Sinhala and Tamil languages is in accordance with the recommendation of the Lessons Learnt and Reconciliation Commission appointed by Prime Minister Mahinda Rajapaksa in 2011 when he was president.

The issue of remembering the past has been a source of division within the country. The destruction of a memorial within the premises of the University of Jaffna in early January threatened to escalate to serious conflict. However, immediate remedial action taken by the Vice Chancellor of the university helped to defuse the situation created by this action. He apologized for what had happened and laid a foundation stone for the reconstruction of the monument.

The government’s intention to replace the present constitution with a new constitution offers the possibility of developing a framework of governance that could address the conflicts between the ethnic and religious communities that have marred the post-independence progress of Sri Lanka. Under colonial rule Sri Lanka was at the top of Asia’s economies and described as the “Switzerland of the East.” However, the inability to forge a unified polity, and ensure a feeling of equal belonging and participation in national policymaking, led to decades of conflict. Politicians over the past seven decades have to take responsibility for the current state of decline. Even today, with the three decade long civil war ended more than 11 years, Sri Lanka has yet to find a consensual solution to its ethnic and religious conflicts.

One of the pledges of President Gotabaya Rajapaksa has been to provide a new constitution to the country. In giving leadership to the passage of the 20th Amendment, and securing the necessary 2/3 majority in parliament, the president demonstrated that the government has the ability to honour this pledge of a new constitution. The government’s decision to extend the deadline for the submission of constitutional proposals by the general public to December 31 of this year is to be welcomed. This is an indication of the responsiveness of the government to the difficulties that people have been facing to gather together for discussion on the issue due the spread of the Covid virus.

From the time the first Covid death was reported in Sri Lanka in March this year, the government’s policy has been to cremate Covid victims. This has been a source of unusual controversy as it goes against both science and religion. Islam in particular requires the burial of all human beings who die regardless of the circumstances of death. The World Health Organisation’s Covid guidelines permit burial of Covid victims. However, the government continues to take the position that Covid burial is not permissible due to the threat to the health and safety of the larger population as it leads to the possibility of groundwater contamination.

The rushed passage of the 20th Amendment by the requisite 2/3 majority in parliament reinforces the dominance of the presidency in the governance of the country. There was unprecedented criticisms of the 20th Amendment by sections of the religious clergy and civil society. The National Peace Council voiced its concern about the passage of the 20th Amendment as it reduced the system of checks and balances, and vitiated the independence of key state institutions which are the pillars of parliamentary democracy. If not for the support of ethnic minority parliamentarians who broke ranks from their party leaderships a 2/3rd majority required for constitutional change may not have been a reality.

There has been an unprecedented public outcry against the draft 20th Amendment which is presently being subjected to judicial scrutiny. Some of the most respected civic organisations in the country, including religious clergy, trade unions, the State Auditors Association and the Bar Association have expressed their serious objections to the proposed constitutional amendment. Nevertheless, the government appears determined to strengthen the presidency at the cost of other institutions. The government’s public position has been that the presidency needs to be provided with the necessary powers and immunities to proceed with the urgent task of developing the country. The National Peace Council urges the government to reconsider its position.

The proposed 20th Amendment to the constitution has been approved by the cabinet of ministers and put before the general public prior to being debated in parliament. This far reaching constitutional change seeks to centralize power in the institution of the Executive Presidency with the justification of ensuring stability in the country and safeguarding national sovereignty. In terms of the amendment, the President can remove the Prime Minister, a member of the cabinet, any other minister or a Deputy Minister and authority to dissolve Parliament after completion of sittings for a period of one year. This massive transfer of power to the Presidency has been justified to the electorate as stemming from the inability of the previous government to govern effectively under the 19th Amendment to the constitution.

The recently concluded general election has given the ruling party and its allies the 2/3 majority they sought in parliament. The hopes of the general population are high. The National Peace Council congratulates the government on achieving a victory never achieved before in Sri Lanka under the proportional electoral system and even considered impossible. With great power comes great responsibility and we hope that the duo of president and parliament will deliver this to the people so that this victory sets the stage for an era of magnanimous politics. It is our hope that the opposition works in cooperation with the government but also be a check and balance and be outspoken when necessary. In particular we want to see that the rights of all people are respected through good governance measures that are implemented rather than being misinterpreted for partisan purposes.