Proposal For New Constitution: University Academics’ Submission

March 1, 2016

A group of University academics in Sri Lanka have submitted the following to the Government of Sri Lanka for its consideration in developing a new constitution:

Lessons from History

1. Sri Lanka has a chequered past with regard to constitution making and governance. Regrettably, both republican Constitutions in many ways have been a reflection of, and have contributed to injustice and abuse of power in our country. It is essential that we learn from our past and that we do not repeat the mistakes made before that has brought Sri Lankan society to where it is today.

Constitution Making

2. Constitution making cannot be a top down or a horizontal exercise. Constitution making is an opportunity to experience and strengthen deliberative democracy. Constitution making must result in state reform that enables Sri Lanka to revive democracy, revive respect for human dignity and ensure the rule of law. Such an outcome can be arrived at only if the process is inclusive, participatory, transparent and dynamic.

Public Consultation

3. It is commendable that the Government has implemented a process for public consultation. However, deliberative democracy cannot be understood in the narrow sense of providing an opportunity for interested parties to make submissions before a committee. Debate and discussion regarding possibilities and potential for state reform must be widespread and dynamic. It must be based on exposure to competing views and must nurture among Sri Lankans the willingness and ability to actively listen to each other.

Fundamental Rights

4. The fundamental rights chapter of the proposed constitution must ensure that the vulnerable and the marginalised in our society are ensured dignity and equal respect for their human rights. In particular the right to equality clause should specifically prohibit discrimination based on gender, disability, rurality maternity and sexual orientation. The fundamental rights chapter must be interpreted according to Sri Lanka’s international obligations and commitments.

Discrimination based on ethnicity or gender must be prohibited in the strongest possible terms in the new constitution taking our past experiences into account. Such constitutional recognition has the potential to contribute to the urgently needed normative shift in our society as to how we think of ethnic identities and of gender. The prohibition of discrimination must be accompanied by the provision for special temporary measures (affirmative action).                 Read More