Wednesday, September 08, 2010

Factsbox: Sri Lanka's 18th constitutional amendment



By C. Bryson Hull | Reuters
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Sri Lankan President Mahinda Rajapaksa won the constitutional changes he wanted after parliament voted in favor of them on Wednesday (08).

Critics say the changes do the opposite of what the popular incumbent promised: to trim the vast powers of the presidency.


Here are some facts about the 18th amendment:

* The amendment removes the two-term limit that is facing Rajapaksa, who won his second term in a landslide in January. At a speech this week, Rajapaksa said the term limit puts a two-time incumbent in the same category as the mentally unfit, who are also barred from contesting the presidency. He has already made clear he wants a third term in office.

* The amendment scraps a 10-member constitutional council, and replaces it with a five-member panel including the parliament speaker, the prime minister, the opposition leader and two members appointed by the latter two. The panel has no veto power on the president should he decide to make more changes to the constitution. Only parliament can do that.

* It also removes the current 17th amendment, which had been designed to de-politicise appointments to the electoral commission, the judiciary, the police and other state organs. Enacted in 2001, it was never put into practice. Its removal means the president and his cabinet again call the shots on who is appointed.

* That has the potential for unrest, since those with political connections in Sri Lanka often act outside the law without consequence, while those without grow discontented and sometimes take the law in their own hands. There have been sporadic assaults by citizens on police and other government officers viewed as corrupt, which many see as symptomatic of the conditions that spawned earlier insurgent movements.

* The president will be required to come to parliament every three months, but there is no requirement that he speak or answer questions. That means there is no effective legislative check on him until the time when the opposition controls parliament. That is a distant prospect right now since Rajapaksa has shown he can get 161 of 225 possible votes in parliament.

© Reuters

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