New Constitution: Need to Address Post-War Challenges Effectively

Featured image courtesy constitutionnet.org (photo credit: Hemmathagama)

by Lukman Harees 

- on 02/15/2016 

Constitutional design processes are loaded with expectations

about endurance, efficacy, the resolution of conflicts, and political reconstruction.

In the real world, however, most constitutions fail” (Ginsburg et al. 2009: 22;). 

Ever since the political changes which ensued in 2015, there appears to be another social contract between the government and the people of Sri Lanka forming. Clear signs are on the horizon that people are now waking up to the reality that the country needs a qualitative change of the political culture and a national reconciliation platform, in order to go forward, and that such changed realities are calling for their active participation, inclusion, and transparency to overcome many socio-political challenges including ethnic discord, widespread corruption and abuse. Thus, it is not possible for the drafters to ignore these realities, when the country is in the process of drafting another constitution, to ensure that it incorporates and reflects the needs and aspirations of the citizens it is intended to govern. How the government responds to these calls for public participation and inclusion may determine whether the constitution-making process unites or further divides this society, whether they help or hinder the creation of a national consensus on fundamental principles and values, and whether the processes and documents that result from them will be deemed legitimate.

There is no single blueprint for how to make a viable constitution, but our Post –Independence decades of constitution-making experience and from elsewhere, underscore that mere top-down approaches are rarely effective, without a supportive inclusive and participatory constitution making approach. There should therefore be a healthy blend of an expert-based drafting process, with adequate public consultation, which would more effectively address root causes of conflict and sectarian divisions, and ensure that the political process benefits from the full contribution of all citizens, including women and youth. To achieve optimal results, constitution makers must have the political will to carry out a genuine process of civic education and consultations, in which the views of citizens are not only carefully considered, but they are also educated in the process, on the national priorities and inherent dangers of following partisan policies. The constitution makers must carefully apply guiding principles, such as transparency and inclusion, and ensure that sufficient time and resources are allocated to the process. Otherwise, political opportunism will take root and people will once again be taken up a blind path to oblivion. We cannot afford to have repeat 1972s/1978s which has polarised our communities and divided our nation.                         

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