Ceylon Chamber requests Wijedasa to tweak 21A to meet people’s aspirations

While appreciating the efforts of Justice, Constitutional Affairs and Prison Reform Minister Wijedasa Rajapakshe to expedite the process of gaining the Cabinet approval for the 21st Amendment to be brought before Parliament, the Ceylon Chamber of Commerce yesterday suggested a few more amendments to be included in it to meet “the aspirations of the people, including the business community, who are seeking a system change”.

Following is the full statement by the chamber addressed to Minister Rajapakshe. 
We appreciate the efforts taken by you to expedite the process of gaining approval from the Cabinet to place before Parliament the 21st Amendment, bringing back salient provisions of the since repealed 19th Amendment to the Constitution. 

The chamber has considered the draft that was presented to the Cabinet and believes that the proposed amendments contain many positive features that will help to improve the governance framework in the country, meeting the expectations of the public to some extent. 

However, we feel that it can be strengthened further with a few more amendments necessitated by past learnings and current context to meet the aspirations of the people, including the business community, who are seeking a ‘system change’ to the manner in which this country is governed.

It welcomes, in particular, the proposal to re-establish the Constitutional Council and to reactivate the independent commissions previously introduced through the 19th Amendment. The proposed amendments to curtail the excessive powers granted to the president under the 20th Amendment are also seen as a step in the right direction towards transforming the role of the president to a non-executive position.  

We endorse, in particular, provisions that have been introduced to ensure that the president acts on the advice of the prime minister, not only in the appointments of officers that are contemplated by the amendment but also in the removal of those officers. We also endorse the importance of having only Sri Lankan citizens (and not dual citizens of Sri Lanka) to sit and vote in Parliament.

The Ceylon Chamber notes a few areas in which further amendments can be made to make the governance process even stronger. Set out below are the same for consideration by the Cabinet.
a.Increase the number of independent members chosen to represent civil society on the Constitutional Council to five, increasing it from the proposed three members to achieve a better balance. Further, we recommend that wording on the lines of Article 41B(3) is adopted to ensure that the composition reflects the pluralistic character of society, including gender.

b.It should be an obligation of the Constitutional Council to formulate a set of rules to govern their internal workings, as this would lend to a due process being followed and transparency achieved. It is also suggested that where “subject to the approval of the Constitutional Council” appears, it should be amended to read as “subject to the prior approval of the Constitutional Council”, in order to avoid any doubt.

c. Article 44(2) of the constitution that allows the president to assign any subject or portfolio to himself should also be removed to ensure that the stability and certainty we all desire is entrenched.

d. All secretaries to ministries should also be appointed only on the advice of the prime minister to minimise conflicts and avoid uncertainty.

e.The ambit of the powers of the Constitutional Council should include the Monetary Board and Right to Information Commission. 

f.Article 156C(1) should be strengthened to state that the core function of the National Procurement Commission envisages legally binding guidelines on procurement to be published in a timely fashion.

The Ceylon Chamber of Commerce urges you to consider this important piece of legislation as a highest priority in the best interest of the people of this country and ensure it is passed within a short period of time, subject to the inclusion of the above enhancements, meeting the aspirations of the public.