Suggestions for a new Constitution for Sri Lanka

The following statement issued by the People for Human Rights and Equality Inc. (PHRE)

( April 6, 2016, Colombo, Sri Lanka Guardian) This submission is made by the People for Human Rights and Equality, a Melbourne based organization made up of persons of Sri Lankan origin of all communities, committed to promoting the values of multiculturalism and pluralism within the Sri Lankan community in Australia and a just resolution to the political conflict in Sri Lanka.

21 March 2016

The Government of the Republic of Sri Lanka has as its primary purpose the protection of the freedom of all its diverse peoples, finding it self-evident that they are in an involuntary civil association pursuing their diverse interests under the protection of the rule of law.

Given all laws are subject to the Constitution, they shall therefore be about procedures to be followed in the public, and about such shared activities of the civil association of its peoples and shall not be for the imposition on them of any unifying or overarching end.

Laws under the Constitution shall ensure the non-exploitation by traditional and non- traditional accumulations of power, of vulnerable individuals and groups including children, women, the disabled, the poor and minorities.

While enshrining the values and principles such as human dignity; non-racialism; non sexism; the rule of law; multi-party democracy; accountability, openness and responsiveness by which the country shall be governed, the Constitution shall ensure that all said values relate to public governance and shall not prevent to any degree the peaceful, lawful, non- exploitative pursuits of private individual or voluntary groups.

In order to achieve the aforesaid:

1. Recognition shall be given to the Supremacy of Constitution. All present and future laws to conform to principles in the Constitution including fundamental rights enshrined therein.
2. The Constitution shall prohibit all forms of direct or indirect discrimination including discrimination on the basis of race, gender, religion, caste, political opinion or sexual orientation
3. The Constitution shall guarantee the fundamental rights of all its residents including the right to life, freedom of association, the right to healthcare, housing and education.
4. Accountability for fundamental rights to apply to both the private and public sector.
5. The Protection of the individual and group rights of all local minorities including social and cultural communities living in any part of the country in accordance with international law.

6. The Constitution shall guarantee independence of the judiciary and law enforcement agencies in their capacity to deliver just redress within strictly reasonable time limits.

In achieving the above purpose, it is suggested that:

• The jurisdiction to hear fundamental rights cases be extended to the Provincial High Courts.
• The State to proactively introduce administrative measures to improve access to justice. Such measures to include codes of conduct for lawyers and judges and time frames within which cases are to be heard.

7. Executive, parliamentary and administrative immunity to be confined to acts within the framework of the law.
8. Future devolved regional structures, councils, administrative units to be bound by the fundamental rights chapter of the Constitution.
9. Genuine and secure allocation of appropriate responsibilities to all levels of localised legislative and executive bodies in order to utilize local knowledge of needs, resources and priorities.
10. Where Parliament has decided that Sri Lanka be a signatory to an International Convention steps should be taken to incorporate it into domestic law within a specified time frame.
11. The appointment of a Gender Equality Commission to monitor, investigate, advise and report on measures to be taken to achieve gender parity and deal with violence against women and the girl child.
12. The principle of ‘the best interest of the child’ to be paramount in all decisions concerning the child. The concept of best interest to be informed by international law and best practice internationally and locally.
13. Children and young persons to be protected from economic and social exploitation.
14. The State to pro-actively protect the rights of the child to be cared for by the child’s family in the first instance and to provide the necessary economic and social support to the child’s family where necessary to realise this right.
15. State to protect the child from activities that restrict the child’s freedom and to that end to protect the child from recruitment to national services or religious bodies and organisations which restrict the child’s freedom and independence.
16. All state lands to be recognized as a national resource held in trust. The use of such land to be determined by a joint land commission that includes representation of local stake holders.