Fundamental Human Rights In The New Constitution

By S. Narapalasingam –April 8, 2016

Dr. S. Narapalasingam

Dr. Laksiri Fernando’s timely article ‘A New Constitution & Fundamental Human Rights’ posted by Colombo Telegraph on 18 March 2016 has prompted me to write this focussing on the possibility of resolving the protracted national problem by respecting the fundamental rights of Sri Lankan Tamils, an ethnic minority community in multi-ethnic Sri Lanka in which the majority of residents are Sinhalese (majority are Buddhists), except in the Northern and Eastern Provinces. Fundamental human rights are universal and in a multi-ethnic democratic country, all citizens regardless of their race have the same rights. The neglect of this doctrine by the power greedy political leaders keen on winning the support of the Sinhalese voters by divisive means, led to the prolonged unrest and suffering of many citizens. The power gained by this divisive way, failed to focus steadfastly on national issues. This lopsided approach not only damaged national unity but also the environment needed for sustained social and economic development.

It is crucial, at the present time, when a new constitution is being considered to achieve reconciliation and reunite the divided nation vital for harmonious living condition for all citizens residing in the entire island and sustained social and economic development that had been ignored by past political leaders, entrenched with the greed for power for achieving their narrow aims. The lack of mutual trust essential for strong partnership also led to the unstable situation causing difficulties in resolving national issues. Happy marriages even with partners within the same ethnic community need their mutual trust. It is this mutual trust that had contributed to happy marriages with partners from different ethnic communities. Similarly, unity at the national level also requires the shared trust of the different ethnic communities in the country. Given the heavy damage done by neglecting the fundamentals, determined efforts are needed to get rid of the volatile situation and improve the living conditions of all citizens throughout the island. With any mistrust, it is not possible to incorporate meaningfully the fundamental human rights in the new constitution. The present opportunity to improve the prevailing unfavourable conditions must not be missed.

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