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In the Supreme Court of the Democratic Socialist Republic of Sri Lanka
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka 1. Centre for Policy Alternatives (Guarantee) Ltd., No.24/2 28 th Lane, Off Flower Road, Colombo 7. 2. Dr. Paikiasothy Saravanamuttu No. 03, Ascot Avenue, Colombo 5. Petitioners SC (FR) Application No. vs. 1. D. M. Jayaratne, Prime Minister, Prime Minister’s Office, 58, Sir Ernest De Silva Mawatha, Colombo 7 2. Chamal Rajapakse, Speaker of Parliament, Parliament of Sri Lanka, Sri Jayewardenepura Kotte 3. Ranil Wickremasinghe, Leader of the Opposition, 115, 5 th Lane, Colombo 3 4. A H M Azwer, Member of Parliament, 4, Bhatiya Road, Dehiwala 5. D M Swaminathan, Member of Parliament, 125, Rosmead Place, Colombo 07 6. Mohan Pieris, President’s Counsel, 3/144, Kynsey Road, Colombo 8 7. The Attorney General, Attorney General’s Department, Hulftsdorp, Colombo 12 Respondents 1/19 On this 15th day of January 2013 TO: THE HONOURABLE CHIEF JUSTICE AND THEIR LORDSHIPS THE OTHER HONOURABLE JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA The Petition of the Petitioners above named appearing by Namal Rajapaksha their Registered Attorney-at-Law states as follows: THE PETITIONERS 1. The 1 st Petitioner is a body incorporated under the laws of Sri Lanka (and duly re- registered in terms of the Companies Act No.7 of 2007) and is made up of members, more than three-fourths of whom are citizens of Sri Lanka. -
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Volume 2
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Edited by Asanga Welikala Volume 2 18 Failure of Quasi-Gaullist Presidentialism in Sri Lanka Suri Ratnapala Constitutional Choices Sri Lanka’s Constitution combines a presidential system selectively borrowed from the Gaullist Constitution of France with a system of proportional representation in Parliament. The scheme of proportional representation replaced the ‘first past the post’ elections of the independence constitution and of the first republican constitution of 1972. It is strongly favoured by minority parties and several minor parties that owe their very existence to proportional representation. The elective executive presidency, at least initially, enjoyed substantial minority support as the president is directly elected by a national electorate, making it hard for a candidate to win without minority support. (Sri Lanka’s ethnic minorities constitute about 25 per cent of the population.) However, there is a growing national consensus that the quasi-Gaullist experiment has failed. All major political parties have called for its replacement while in opposition although in government, they are invariably seduced to silence by the fruits of office. Assuming that there is political will and ability to change the system, what alternative model should the nation embrace? Constitutions of nations in the modern era tend fall into four categories. 1.! Various forms of authoritarian government. These include absolute monarchies (emirates and sultanates of the Islamic world), personal dictatorships, oligarchies, theocracies (Iran) and single party rule (remaining real or nominal communist states). 2.! Parliamentary government based on the Westminster system with a largely ceremonial constitutional monarch or president. Most Western European countries, India, Japan, Israel and many former British colonies have this model with local variations. -
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka. 1. Athula Chandraguptha Thenuwara, 60/3A, 9th Lane, EthulKotte. (Petitioner in SC Application 665/12 [FR]) S.C. APPLICATION No: 665/2012(FR) 2. Janaka Adikari Palugaswewa, Perimiyankulama, S.C. APPLICATION No: 666/2012(FR) Anuradhapaura. S.C. APPLICATION No: 667/2012(FR) (Petitioner in SC Application 666/12 [FR]) S.C. APPLICATION No: 672/2012(FR) 3. Mahinda Jayasinghe, 12/2, Weera Mawatha, Subhuthipura, Battaramulla. (Petitioner in SC Application 667/12 [FR]) 4. Wijedasa Rajapakshe, Presidents’ Counsel, The President of the Bar Association of Sri Lanka. (1st Petitioner in SC Application 672/12 [FR]) 5. Sanjaya Gamage, Attorney-at-Law The Secretary of the Bar Association of Sri Lanka. (2nd Petitioner in SC Application 672/12 [FR]) 6. Rasika Dissanayake, Attorney-at-Law The Treasurer of the Bar Association of Sri Lanka. (3rd Petitioner in SC Application 672/12 [FR]) 7. Charith Galhena, Attorney-at-Law Assistant-Secretary of the Bar Association of Sri Lanka. (4th Petitioner in SC Application 672/12 [FR]) Petitioners Vs. 1 1. Chamal Rajapakse, Speaker of Parliament, Parliament of Sri Lanka, Sri Jayawardenepura Kotte. 2. Anura Priyadarshana Yapa, Eeriyagolla, Yakawita. 3. Nimal Siripala de Silva, No. 93/20, Elvitigala Mawatha, Colombo 08. 4. A. D. Susil Premajayantha, No. 123/1, Station Road, Gangodawila, Nugegoda. 5. Rajitha Senaratne, CD 85, Gregory’s Road, Colombo 07. 6. Wimal Weerawansa, No. -
NIS SL 2010.Pdf
NATIO N AL AL IN TEGRITY NATIONAL INTEGRITY SYSTEM ASSESSMENT S Y S TEM TEM SRI LANKA 2010 ASS E SS ME N T No 06, 37th Lane, Queen’s Road, Colombo 03 Tel: 011 436 9781-3 Fax: +94 11 2506419 SRI L A N KA 2010 ISBN: 578-955-1281-44-1 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2010 www.tisrilanka.org ISBN: 978-955-1281-44-1 © Transparency International Sri Lanka Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of April 2011. Nevertheless, Transparency International Sri Lanka cannot accept responsibility for the consequences of its use for other purposes or in other contexts. NATIONAL INTEGRITY SYSTEM | SRI LANKA 2010 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................. II LIST OF TABLES AND CHARTS ................................................................................................. IV CONTRIBUTORS TO THE STUDY .............................................................................................. V ABBREVIATIONS AND ACRONYMS ........................................................................................ VI FOREWORD ..................................................................................................................................... X OVERVIEW OF THE PROCESS ................................................................................................. XII I INTRODUCTION ........................................................................ -
2014 Human Rights Report
SRI LANKA 2014 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Sri Lanka is a constitutional, multi-party republic. Votes re-elected President Mahinda Rajapaksa to a second six-year term in 2010. Parliament, elected in 2010, shares constitutional power with the president. President Rajapaksa’s family dominated government. Two of President Rajapaksa’s brothers held key executive branch posts, as defense secretary and economic development minister, and a third brother was the speaker of Parliament. A large number of the President Rajapaksa’s other relatives, including his son, also served in important political and diplomatic positions. Independent observers generally characterized the presidential, parliamentary, and local elections as problematic. The 2010 elections were fraught with election law abuses by all major parties, especially the governing coalition’s use of state resources for its own advantage. Authorities maintained effective control over the security forces. The major human rights problems reported over the year were: attacks on, and harassment of, civil society activists, journalists, and persons viewed as sympathizers of the Liberation Tigers of Tamil Eelam (LTTE) by individuals allegedly tied to the government; involuntary disappearances, arbitrary arrest and detention, torture, abuse of detainees, rape, and other forms of sexual and gender- based violence committed by police and security forces; and widespread impunity for a broad range of human rights abuses. Involuntary disappearances and unlawful killings continued to diminish in comparison with the immediate postwar period. Nevertheless, harassment, threats, and attacks by progovernment loyalists against media institutions, nongovernmental organizations (NGOs), and critics of the government were prevalent, contributing to widespread fear and self- censorship by journalists and diminished democratic activity due to the general failure to prosecute perpetrators. -
The Nineteenth Amendment to the Constitution Content and Context
THE NINETEENTH AMENDMENT TO THE CONSTITUTION CONTENT AND CONTEXT EDITED BY ASANGA WELIKALA CENTRE FOR POLICY ALTERNATIVES Publisher: Centre for Policy Alternatives (CPA), Colombo, Sri Lanka Editor: Asanga Welikala First Edition: April 2016 ISBN: ISBN 978-955-4746-65-7 Bar Code: 9 789554 746657 Copyright © | CPA and individual contributors Printer: Globe Printing Works 5, Stork Place, Colombo 10 Sri Lanka 7 The Constitutional Council and the Independent Commissions: The New Framework for Depoliticising Governance Dinesha Samararatne Overview The last three amendments to the Second Republican Constitution of Sri Lanka all concerned the restriction or expansion of presidential power. 1 More specifically, they concerned reforms to the power of the executive president to make appointments to several high public offices and independent commissions. The Seventeenth and Nineteenth Amendments were relatively progressive in that they established a Constitutional Council (CC), which was expected to de-politicise the process of making appointments, and thereby improve the legitimacy and independence of high offices and independent commissions. The Eighteenth Amendment, which was applicable for a short time, had replaced the CC with a Parliamentary Council which had no teeth, no independence, nor expert representation. This amendment weakened the rule of law while it was in force in a drastic way. This chapter examines these amendments with a view to understanding their impact on governance. At least two assertions are relevant here. Firstly, that the independence of public institutions in Sri Lanka has been eroded due to excessive politicisation and patronage politics. Secondly, that in order to preserve a constitutional democracy, in certain instances, processes and institutions must be separated out of the representative democratic process. -
The Situation in Sri Lanka: an Update
IDSA Issue Brief IDSIDSAA ISSUEISSUE BRIEFBRIEF1 The Situation in Sri Lanka: An Update Gulbin Sultana Gulbin Sultana is Research Assistant at the Institute for Defence Studies and Analyses, New Delhi June 10, 2011 Summary After defeating the LTTE in May 2009, Sri Lanka was faced with an uphill task of rebuilding the nation, the most challenging of which was improving the lives of the Tamils living in the North and the East. Acknowledging the fact that military victory over the LTTE is not the final solution, Mahinda Rajapaksa promised to restore the rights and dignity of the Tamils through a political solution. Rajapaksa strongly believes that the infrastructure development projects he has launched in the North and the East, are one part of the larger solution to the Tamil issue. During the celebration of the second anniversary of victory over the LTTE in May 2011, Rajapaksa declared with pride that within two years he has been able to draw a new map of Sri Lanka through a revolution in development. However, even as the Rajapaksa Government was boasting about the country's unprecedented economic growth and development, Western countries began to accuse Sri Lanka of committing war crimes during the last phase of Eelam War IV. Reacting to this allegation, Rajapaksa has said that he expects support from the international community, not obstruction of his efforts at nation building. To understand these issues in a larger perspective, this Brief presents an update on the political, economic and internal security situation in Sri Lanka. An attempt has also been made to analyse the foreign policy orientation of Sri Lanka in the post-LTTE period with special focus on its policy towards India. -
National Integrity System Assessment Sri Lanka 2014
NATIONAL INTEGRITY ASSESSMENT SYSTEM NATIONAL ABOUT TISL Transparency International Sri Lanka (TISL) is a national Chapter of Transparency International (TI), the leading global movement against corruption. TISL commenced active operations at the end of 2002 and has since built a strong institution arduously fi ghting corruption in Sri Lanka. It functions as a self fi nancing, autonomous chapter of TI with its own strategic directions and priorities. Envisioning a nation that upholds integrity, TISL’s goal is to support the collective eff ort to eradicate corruption in order to build a future Sri Lanka which is equitable, Peaceful and just. TISL works closely with government departments in training public offi cials on good governance and anti-corruption tools. TISL will work in partnership with coalition and other likeminded organizations in all their interventions. SRI LANKA 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 National Integrity System Assessment Sri Lanka 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 Transparency International Sri Lanka 1 National Integrity System Assessment Sri Lanka 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 ISBN: 978-955-1281-66-3 Published by Transparency International Sri Lanka, 2014 Transparency International Sri Lanka No 183/5, High level Road, Colombo 06 Tel (94) 114369781,114369782,114369783 Fax: ( 94) 112514588 Email: tisrilanka.org Web : www.tisrilanka.org Designed by Wakya Ru Printed by Karunarathne & Sons (Pvt) Ltd © Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2014. Nevertheless, Transparency International Sri Lanka cannot accept responsibility for the consequences of its use for other purposes or in other contexts. -
Sri Lanka, Presidential Election, 16 November 2019: EU EOM Final Report
This report contains the findings of the EU Election Observation Mission (EU EOM) on the presidential election. The EU EOM is independent from the European Union institutions, and therefore this report is not an official position of the European Union. This report is available only in English. European Union Election Observation Mission Sri Lanka, Presidential Election, 16 November 2019 Final Report Page 2 Democratic Socialist Republic of Sri Lanka European Union Election Observation Mission FINAL REPORT Presidential election, 16 November 2019 January 2020 European Union Election Observation Mission Sri Lanka, Presidential Election, 16 November 2019 Final Report Page 3 Table of Contents I. EXECUTIVE SUMMARY 3 II. INTRODUCTION 7 III. POLITICAL CONTEXT 7 IV. IMPLEMENTATION OF PREVIOUS EU EOM RECOMMENDATIONS 11 V. LEGAL FRAMEWORK AND ELECTORAL SYSTEM 11 VI. ELECTION ADMINISTRATION 16 VII. VOTER REGISTRATION 20 VIII. REGISTRATION OF CANDIDATES 22 IX. CAMPAIGN ENVIRONMENT 23 X. CAMPAIGN FINANCE 27 XI. MEDIA 29 XII. DIGITAL COMMUNICATIONS AND SOCIAL MEDIA 34 XIII. PARTICIPATION OF WOMEN 39 XIV. PARTICIPATION OF ETHNIC AND RELIGIOUS MINORITIES 40 XV. PARTICIPATION OF PERSONS WITH DISABILITIES AND OTHER VULNERABLE GROUPS 41 XVI. CITIZEN OBSERVER GROUPS AND INTERNATIONAL OBSERVATION 42 XVII. ELECTORAL DISPUTES 43 XVIII. POLLING, COUNTING AND TABULATION OF RESULTS 45 XIX. ANNOUNCEMENT OF RESULT AND POST-ELECTION ENVIRONMENT 46 XX. RECOMMENDATIONS 49 XXI. ANNEXES a. Results b. EU EOM media monitoring findings c. EU EOM digital communications and social media findings d. Abbreviations European Union Election Observation Mission Sri Lanka, Presidential Election, 16 November 2019 Final Report Page 4 I. EXECUTIVE SUMMARY Following an invitation by the Election Commission (EC) of Sri Lanka, the European Union deployed an election observation mission (EU EOM) to observe the 16 November presidential election. -
Sri Lanka Presidential Election
Report of the Commonwealth Observer Group Sri Lanka Presidential Election 8 January 2015 Commonwealth Observer Group Presidential Elections of Sri Lanka 8 January 2015 Table of Contents Presidential Elections of Sri Lanka ........................................................ i Chapter 1 ....................................................................................... 1 Introduction ..................................................................................... 1 Terms of Reference ...................................................................... 1 Activities ................................................................................... 1 Chapter 2 ....................................................................................... 3 Political Background ........................................................................... 3 Legal considerations ........................................................................... 4 Announcement of the polls ................................................................... 4 The Opposition: The New Democratic Front ............................................... 5 Significant crossovers .......................................................................... 5 Chapter 3 ....................................................................................... 6 Electoral Framework and Election Administration ........................................ 6 National Legal Framework and International and Regional Commitments ............ 6 Electoral System .............................................................................. -
November 21, 2012 H.E. Mahinda Rajapaksa President of the Democratic Socialist Republic of Sri Lanka President’S House Temple Trees Colombo 3 Sri Lanka
CAREY R. DUNNE PRESIDENT Phone: (212) 382-6700 Fax: (212) 768-8116 November 21, 2012 H.E. Mahinda Rajapaksa President of the Democratic Socialist Republic of Sri Lanka President’s House Temple Trees Colombo 3 Sri Lanka H.E. Chamal Jayantha Rajapaksa Speaker of the Parliament of Democratic Socialist Republic of Sri Lanka Speaker’s Official Residence Parliament Road Battaramulla Sri Lanka Your Excellencies: I am writing on behalf of the New York City Bar Association (“Association”) to respectfully urge Sri Lanka's government to comply with its obligations under international law and ensure the continued existence of a “competent, independent and impartial" judiciary in Sri Lanka.1 The Association is an independent, non-governmental organization of 23,000 lawyers, judges, law professors and government officials from the United States and 50 other countries. Throughout its 142-year history, the Association has consistently maintained that an independent judiciary and an independent legal profession are essential to the rule of law in all jurisdictions. The Association has monitored recent events in Sri Lanka with growing concern. The initiation of impeachment proceedings against Chief Justice Shirani Bandaranayake, the violent assault of the Secretary of the Judicial Services Commission, and recent amendments to the laws and Constitution of Sri Lanka, all potentially undermine judicial independence. Importantly, the need for an impartial and independent judiciary in Sri 1 International Covenant on Civil and Political Rights, Art. 14.1 (1966). Sri Lanka has been a party to the ICCPR since 1980. THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 West 44Street, New York, NY 10036-6689 Lanka has never been more acute. -
Page 1| 8 22 January 2021 Strengthening the Presidency
N O . 5 A , P O L I C E P A R K P LACE , C O L O M B O 0 0 5 0 0 , S R I L ANKA T EL & F AX: + 94 11 2 0 5 5 5 4 4 E MAIL : RECEPTION @ VERITERESEARCH . ORG 22 January 2021 Strengthening the presidency; Weakening the democracy: A brief analysis of the Twentieth Amendment to the Constitution of Sri Lanka On 22 October 2020, the Twentieth Amendment (20A) to the Constitution of Sri Lanka was enacted.1 The 20A reversed much of the reforms introduced by the preceding Nineteenth Amendment (19A) to the Constitution, with the primary effect of the 20A being the consolidation of power in the office of the executive president. This article explores the 20A and is divided into two main sections. Firstly, it will briefly set out the background to the passage of the 20A. Second, the features of the 20A will be discussed in respect of their implications on governance and the constitution. I. Background to the passage of the 20A The passage of the 19A: Yahapalanaya on the rise The 19A was passed in April 2015 by the then Sri Lanka Freedom Party (SLFP) - United National Party (UNP) coalition government (Yahapalanaya government).2 The 19A sought to repeal the Eighteenth Amendment (18A), which was notable for hyper-strengthening the office of the executive president and removing key checks and balances.3 The 19A introduced several reforms to the constitution, with the expectations of democratising and depoliticising governance.4 Some of these reforms included: • re-introducing the Constitutional Council (CC) to approve the president’s appointments and