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The more one studies the 13th amendment to the Constitution, the more one realizes how completely potty it is. I am not sure though whether this lunacy is entirely the fault of J R Jayewardene, even though I have little doubt that his is the primary responsibility for the failure to consider principles at all in formulating legislation, and indeed policies in general. Highlighting process rather than principle however has been a feature of most constitutions based on the British model, perhaps because the British never had a Constitution, and have muddled along on the basis of practicality.

The particular genius of the British is that they did very well on that basis. Others came a cropper however when they tried to emulate them, which is why countries like ours should have rather studied the American Constitution. That was based on the most enlightened political principles, albeit at a time when social equity was not as well developed a concept as it became after industrialization.

The guiding principle of the American Constitution was that power should be limited to the purposes for which power is legitimately exercised. By legitimately is meant the promotion of the interests of the people, since it was at that period that the idea first developed, after Greek and Roman Republic times, that the state belonged to the people, rather than to a monarch. Thus the American Constitution sits well with the principle of subsidiarity, which is that power should be exercised in any particular respect by the smallest group affected by that power, to the extent that its exercising such power should not adversely affect others.

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The note that Save the Children kindly prepared for me on Children’s Clubs also noted the Objectives of the National Children’s Council, viz

  • To promote the discipline, protection, development and participation of Sri Lankan children
  • To ensure that Sri Lankan children are equipped with creative skills and would shoulder the national development.
  • To create a patriotic, morally sound, healthy and joyful generation of children.

While this may seem a catch all process, the note went on to say that ‘Children representing the National Children’s Council have also been consulted on various issues that affect all Sri Lankan children such as physical and humiliating punishment and violence against children both at national and international levels.

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While going through the schedule of projects implemented by Non-Governmental Organizations in the north, in terms of the task I was given of coordinating assistance to make it more effective, I found a number of different projects to establish Children’s Clubs, with a sum of Rs 1000 granted for each Club. I was surprised by this, and even more surprised when I found that the Divisional Secretaries concerned had no idea about these allocations.

However, following a helpful report I received from the Divisional Secretary of the Vavuniya Town Division, I asked others too for records of Children’s Clubs in their areas, and found that a number had been set up. I also found errorneous my initial assumption that the projects were not very coherent, and could not serve any great purpose. I had asked Save the Children, which had been instrumental in developing one Project to establish Children’s Clubs, for details, and received a very clear exposition of the initiative. While clearly there needed to be better liaison with the Divisional Secretaries, this had in fact been envisaged in the Project, as was clear in the note Save the Children submitted on the subject, making clear how important the concept was.

Most of what follows is taken from that note, which Save the Children, which had been the international NGO Representative on the Civil Society Partners for Reconciliation that has been meeting in my office over the last year, kindly supplied at my request. It was entitled Children as Agents for Change which indicates the importance of providing space for children to enjoy themselves whilst also learning to take on responsibilities and care for their own lives.

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Rajiva Wijesinha

August 2019
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