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reform agenda 12The Liberal Party was the first to say, more than two decades ago, that the Presidency as constituted by J R Jayewardene had too much power. In particular we felt it was wrong for the President to have total discretion with regard to appointments to important positions responsible for making decisions that affected the country at large.

This was not a popular view, and it was only more than 20 years after the Presidency was introduced that the matter reached boiling point as it were. So in 2001, in the last throes of the government President Kumaratunga had set up a year earlier, the 17th Amendment to the Constitution was introduced. But though it was obviously better to have some check on the President, the form this took was confusing, and not in accordance with general political principles.

What it did was set up a body of appointees who had to approve the nominations of the President to individual positions. It also had the unparalleled power of choosing nominees to Commissions, which the President was expected to endorse. This was bizarre, for to confine an elected President in this way, turning him or her into a rubber stamp, is grossly inappropriate. It was not surprising then that President Kumaratunga flatly refused to appoint the Elections Commission that had been selected by the Constitutional Council.

I myself feel that the Parliamentary Council set up under the 18th Amendment was more in accordance with political practice internationally, though unfortunately it did not have veto power. Still, had the Council actually ever met, it could have fulfilled a public purpose in that it could have put in writing objections to nominees of the President. After all in a classic Westminster system, a Head of State who is not elected by the people will not turn down a nominee of an elected Prime Minister. But the Prime Minister is careful to select appropriate people, since a delay, or a simple suggestion that he reconsider, would immeasurably reduce the moral authority of the nominee. In recent years a polite but detailed account of why Mohan Pieris was inappropriate, with for instance the arguments so clearly presented by Nagananda Kodituwakku, would have made it difficult for President Rajapaksa to persist with the nomination. Read the rest of this entry »

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Speech of Prof Rajiva Wijesinha

On the votes of the Ministry of Child Development and Women’s Affairs

In the Committee Stage of the Budget, December 9th 2013

 

I am honoured to speak on the votes of the Ministry of Child Development and Women’s Affairs, which deals with perhaps the most important subject we need to consider. I say this because, while the development programme government has put in place with regard to infrastructure is vital, it will serve no purpose unless we also concentrate on human development. In this regard we need to ensure that our children are in full enjoyment of all their rights, and that we also empower them so that any violations are minimized.

It is equally important, Mr Speaker, to ensure that women are not only protected, but also empowered. For this purpose we must put in place coherent mechanisms that can identify shortcomings and address them promptly and systematically. Above all we must move from simply reacting to problems, but rather anticipate potential problems and avoid them – a strategy, I should add, that would hold us in good stead with regard also to international relations as well as domestic politics.

With regard to Women and Children, I am happy to say that we have an active Ministry that is able to conceptualize and initiate new measures. Chief amongst these is the establishment of Women and Children’s Units in every Divisional Secretariat. If I might say so, this Ministry has been the first to recognize the importance of the Division, which is the first active interface between government and people. Indeed this Ministry has also recognized the importance of the Grama Niladhari Division, which is the first actual interface, though it is for the raising of issues rather than solving them. I should add that it would make sense to set in place, even in GN Divisions, consultative mechanisms to resolve simple problems. However it the Division that is the first level at which more important decisions can be taken, and where the front line officers of various government institutions can meet to discuss problems and plan responses – and where they can discuss trends that will help them to anticipate problems and avoid them.

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Rajiva Wijesinha

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