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.

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Sri Lanka MPs vote in sweeping powers for president

BBC News
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Sri Lankan MPs have approved proposals to let President Mahinda Rajapaksa seek an unlimited number of terms, in a move critics say could lead to dictatorship.

The constitutional amendments also hugely increase the president's powers.

Amid protest and counter-protest in the capital Colombo, MPs in the 225-member parliament voted for the proposals by 161 to 17 against.

The main opposition United National Party boycotted the vote, but many of its MPs voted with the government.

The move to lift the two-term presidential limit allows Mr Rajapaksa to stand again in 2016.
'Bribes and threats'

The amendments also empower him to appoint all the top judges and commissioners for elections, human rights and other affairs, unfettered by any legal veto.

On Wednesday, Prime Minister Dissanayake Mudiyanselage Jayaratne said there was nothing undemocratic about the plans as he presented the amendments to parliament.

The BBC's Charles Haviland in the capital Colombo says some opposition supporters accuse the government of using bribes and threats to secure MPs' votes, which the administration denies.

He says a steady flow of MPs from the already weak opposition United National Party coalition had declared they would vote with the government.

The administration had been expected to easily win the two-thirds majority needed to pass the amendments.

Civil society activists called Wednesday a "black day" and asked Sri Lankans to wear that colour.

Mr Rajapaksa is popular among the country's Sinhalese majority for presiding over the defeat in May last year of the Tamil Tiger rebels, after a 25-year separatist insurgency.

The president, who was resoundingly re-elected for the second time in January, had said the measures would strengthen democracy in Sri Lanka.

Critics accuse him of trying to set up a family dynasty - his son is an MP, and three of the president's brothers are in top positions.

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Fresh amendments may pave way for military rule in Sri Lanka: Ex Army Chief

Press Trust of India | Daily News and Analysis
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Sri Lanka's detained former army chief Gen Sarath Fonseka today described as "last nail in the coffin of democracy" the constitutional reforms enabling President Mahinda Rajapaksa to seek a third term and cautioned that this could pave way for a military rule in the country.

Fonseka, the 'war hero' who led the country's forces to victory against the Tamil Tiger rebels in May 2009, said the Democratic National Alliance led by him will continue its struggle against the amendments.

The government was opening "the door for a military coup in the country by introducing the 18th Amendment to the constitution", Fonseka, now a Parliamentarian, was quoted as saying by the 'Daily Mirror'.

The bill that will enable the president to seek a third term in office is likely to be passed by Parliament late tonight, where the ruling coalition has a two-thirds majority.

Whenever the bill is passed, that will be a "dark day for democracy".

"This legislation is the last nail in the coffin of democracy," he said referring to the amendments.

The former army chief also expressed disappointment over the opposition United National Party (UNP) boycotting the debate on the 18th Amendment to the constitution.

He said it was regrettable that the main opposition party is not clear in its position on the 18th constitutional amendment.

"There are several opposition MPs who have crossed over due to personal gains," he alleged.

Fonseka claimed he was approached by intermediaries of the president who have urged him to seek pardon from him, but
he refused to do so.

During a Parliament debate yesterday, Fonseka said that 200 kilograms of gold had been unearthed from the Vellamullivaikkal area in the Mullaitivu district during his tenure as army chief in the final phase of the war.

During the debate for extension of the emergency laws for another month, he said detained LTTE leader Kumaran Pathmanathan alias KP had access to lot of LTTE's money.

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Sri Lanka's Parliament votes to eliminate 2-term limit for presidency

By Bharatha Mallawarachi | Associated Press
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Sri Lanka's Parliament voted to eliminate term limits for the president Wednesday, a move critics say could lead to dictatorship.

The main opposition group, the United National Party, boycotted the debate and burned an effigy of President Mahinda Rajapaksa at a protest in the capital.

But the constitutional amendment passed easily, with 161 votes in the 225-member Parliament. Seventeen lawmakers voted against

The constitution used to limit the president to two six-year terms, so Rajapaksa's term starting in November would have been his last.

Prime Minister Dissanayake Mudiyanselage Jayaratne has defended the move as giving the president the same right that other elected representatives have to seek office without restrictions.

Rajapaksa is popular among the country's Sinhalese majority for crushing a 25-year separatist insurgency by ethnic Tamil rebels. But critics say he has exploited that goodwill to consolidate power with the aim of setting up a family dynasty. Two of his brothers are senior ministers, another is defense secretary and his son is a lawmaker.

The amendment also scrapped a provision requiring the president to receive the approval of independent commissions in appointing officials to the judiciary, police, public service and the elections office.

"This bill threatens to finally nail the coffin in which the democracy of this country has been laid," M.A. Sumanthiran, a lawmaker for the Tamil National Alliance, the largest party representing ethnic Tamils, told Parliament during a debate before the vote.

Opposition supporters held protests in some parts of capital, but were outnumbered by government supporters brought in from different parts of the country who held pictures of Rajapaksa to show solidarity with the government.

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Sri Lanka: Amendment bill gets two - thirds majority

Ada Derana
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The 18th Amendment to the Constitution of Sri Lanka was passed in Parliament with a two-thirds majority a short while ago. It was passed with 161 members voting for and 17 against, while the main Opposition UNP members were not present in the House during voting time.

The six UNP MPs, Abdul Cader, Earl Seneviratne, Upeksha Swarnamali, Nimal Wijesinghe, Lakshman Seneviratne and Manusha Nanayakkara who crossed over to the Government side this evening voted for the amendments. Digamadulla District Tamil National Alliance member P. Piyasena too voted in favour defying the party decision to vote against. UNP Nuwara Eliya District member Sri Ranga voted in favour while sitting with the Opposition.

Apart from the UNP members who supported the amendments, the rest were not present at voting time. Among the Tamil National Alliance members, several were overseas though the party had taken a stand to oppose the Bill in Parliament.

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Press owner, manager in custody for printing anti-govt. posters

Newsfirst.lk
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Three suspects, who have been printing anti-government posters at a printing press in the Delkanda area in Nugegoda, have been arrested, said the police.

According to the police, 15 moulds used to print the President's image in a distorted manner had been discovered at the location.

Police went on to say that information had come to light that around 10,000 of those posters had been issued from the printing press.

Police have launched investigations to nab the person who transported those posters as well.

The owner of the printing press, its manager and an individual related to the person who had transported the posters have thus been arrested.

Investigations are underway, under the guidance of DIG Western Province Southern range, Daya Samaraweera.

© Newsfirst.lk

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Sri Lanka's PM says 16 opposition members support amendment

ITN News
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Prime Minister D.M. Jayaratne has revealed that about 16 United National Party members are due to vote in favour of the 18th Constitutional Amendment. The Prime Minister was speaking during the debate on the Amendment Bill.

UNP members Earl Gunasekera, Lakshman Seneviratne, Manusha Nanayakkara, Nimal Wijesinghe, Sri Ranga and Upeksha Swarnamali have already officially announced their decision to support the Bill. Also UNP Kandy District Parliamentarian Abdul Carder is due to crossover to the Government today.

Giving further information on Parliamentary proceedings, our representative Anura Dorakumbura said the Prime Minister revealed that 16 UNP Parliamentarians would be voting for the Bill. He made this revelation opening the debate on the Constitutional Amendment Bill. Accordingly the Prime Minister opined that the Bill would be passed receiving more than 160 votes in its favour. Development of the country should be stepped up following the end of the 30 year old war. Sri Lanka should be made a developed nation in the world. The Prime Minister said the time has come to achieve this goal. There should be a proper management of the country. In this respect the Prime Minister noted that the 18th Amendment is vital.

The Amendment will also give an opportunity for the President to come to Parliament once in three months. This would enable the President to directly respond to queries raised by the opposition. He claimed that many such important changes have been included in the Bill. Many UNP members are willing to support the Bill. The Prime Minister also revealed that more such members met the President last night and expressed their willingness to support the Amendments. The debate is continuing.

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Sri Lanka: Rajapaksa paves way for himself

By Sutirtho Patranobis | Hindustan Times
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Mahinda Rajapaksa has said the 18th amendment (18-A) will only give him an opportunity to fight an election. Another one. The third one in a row. The supporters of the amendment said it gives the government an opportunity to develop Sri Lanka without having to think about political exigencies. C’mon, they said, this government needs a hands-free approach because it won a war. Plus, under the changed Constitution, the President will have to visit Parliament once in three months. Phew.

To be discussed and debated in Parliament for one really long day tomorrow (Wednesday), the coming-of-age Constitutional amendment does two things: one, it removes the two-term cap on Presidential careers; if you feel up to it please go ahead and put yourself up for election three, four…dozen times. You could be President indefinitely. Provided a victory, of course.

Rajapaksa, in fact, has said that he would continue to fight elections till the Opposition fielded a strong candidate.

The second thing 18-A does is that it does away with, well, the 17th amendment. Under 18-A, the “Constitutional Council” set up under the 17th amendment, will be replaced by a “consultative body” called the “Parliamentary Council”. The new council, comprising the PM, the Speaker, the Leader of Opposition and two MPs (nominated by the last two), will have the all-encompassing power to send the President its observations on his appointments. Err…the President of course, will reserve the right to decide on the appointments.

Alas, there are many opponents to the amendment. The opposition and civil society groups like the centre for policy alternatives (CPA) feel the amendment is against the Constitution. "As CPA and other petitioners in the public interest have submitted to the Supreme Court, the proposed changes…seriously affect the manner in which the sovereignty of people is exercised. There is no reason tenable in an open and democratic society that such momentous changes should be introduced without the broadest possible discussion and deliberation, or without the opportunity for the people directly to express their views in a referendum,’’ it said in a statement.

The government is likely to ease past the two-thirds Parliamentary majority required to pass the amendment, delivering Sri Lanka the most powerful executive presidency in the world.

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Sri Lanka: Protest blocked

Daily Mirror Online
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The police have blocked the protest march led by UNP Leader Ranil Wickramasingha from proceeding towards Parliament.

The group was blocked at Ethul Kotte which led to the UNP MPs having to return back to the UNP Headquarters Sirikotha.

Senior UNP MPs Sajith Premadasa, Dayasiri Jayasekara, Rosy Senanayaka, Ranjan Ramanayaka, Mangala Samaraweera and Karu Jayasuriya participated in the protest along with Wickramasingha.

© Daily Mirror Online

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Autocracy fears as Sri Lanka president seeks more power

BBC South Asia
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Sri Lankan MPs are to vote on proposals to let President Mahinda Rajapaksa seek an unlimited number of terms, in a move critics say could lead to dictatorship.

As well as abolishing the current two-term limit, the constitutional amendments would hugely increase the president's powers.

On Tuesday, the Supreme Court cleared a draft bill, ruling MPs could vote the changes in by a two-thirds majority.

The government is expected easily to secure the margin required.

On Wednesday, Prime Minister Dissanayake Mudiyanselage Jayaratne presented the amendment to parliament and said there was nothing undemocratic in the plans.

'Bribes and threats'

The BBC's Charles Haviland in the capital Colombo says some opposition supporters accuse the government of using bribes and threats to secure MPs' votes, which the administration denies.

The already weak opposition United National Party is seeing a steady flow of MPs in its coalition declaring they will vote with the government, our correspondent notes.

Civil society activists have called Wednesday a "black day" and are asking Sri Lankans to wear that colour.

They also vowed to hold another demonstration against the proposed reforms like the one which attracted several thousand people on Tuesday.

Meanwhile, pro-government supporters gathered around the parliament in central Colombo on Wednesday holding posters with slogans such as "Long live the president!" and "We need a strong president".

Mr Rajapaksa is popular among the country's Sinhalese majority for presiding over the defeat in May last year of the Tamil Tiger rebels, after a 25-year separatist insurgency.

Mr Rajapaksa, who was resoundingly re-elected for the second time in January, says the measures will strengthen democracy in Sri Lanka.

Lifting the two-term limit would allow Mr Rajapaksa to stand again in 2016.

The amendment would also boost his powers, letting him appoint all the top judges and commissioners for elections, human rights and other affairs, unfettered by any legal veto.

Critics accuse him of trying to set up a family dynasty - his son is an MP, and three of the president's brothers are in top positions.

© BBC News

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Sri Lanka debates ending presidential term limits

By Lydia Polgreen | The New York Times
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Sri Lanka’s Parliament on Wednesday debated a proposal to remove presidential term limits from the Constitution, paving the way for the popular president, Mahinda Rajapaksa, to run for a third term and cement his family’s grip on power.

Bolstered by winning nearly 60 percent of the vote in the presidential election in January and the near-collapse of the main opposition party, Mr. Rajapaksa is likely to rally enough votes to pass the amendment, which requires a two-thirds majority in Parliament, analysts said. Sri Lanka’s Supreme Court ruled on Tuesday that a referendum was not required to make the change.

The amendment also includes provisions that could prove even more far-reaching by increasing the president’s power to act without oversight, legal experts said.

It would remove an independent advisory council that the president currently must consult before appointing people to important, nonpartisan posts like Supreme Court judgeships and Sri Lanka’s human rights and electoral commissions. In its place would be a parliamentary council that the president could ignore if it failed to act.

“It would mean that in the future the president will be in control of many independent institutions,” said Rohan Edrisinha, a Sri Lankan constitutional scholar. “That is going to have a serious impact on justice, human rights, free elections and the future of our democracy.”

Mr. Rajapaksa was re-elected in January by a wide margin after his government’s decisive May 2009 defeat of the Tamil Tiger insurgency, which had raged for 25 years and defied the efforts of his predecessors. He easily defeated his main opponent, Sarath Fonseka, a former general who had been a close ally but broke with the president. A motley coalition of opposition parties drafted Mr. Fonseka, who had executed the ruthless and highly successful military strategy that defeated the 25-year-old Tamil Tiger insurgency.

After the election Mr. Fonseka was arrested and court-martialed. The government said he had broken the law by politicking while in uniform and mishandling weapons contracts, but his supporters saw the arrest as evidence that the president was solidifying his grip on power by going after opponents.

Sri Lanka’s Constitution features a strong executive presidency, and many analysts have argued that a country with such a long history of religious, ethnic and regional strife needs to devolve, not concentrate power. Indeed, Mr. Rajapaksa himself campaigned on promises to give more power to regional governments within Sri Lanka as a way to avoid future conflicts with its Tamil and Muslim minorities.

Mr. Rajapaksa’s spokesman, Lucien Rajakarunanayake, said that given the president’s popularity and the difficult road ahead in rebuilding the country, it made sense to remove term limits.

“This is a president who has a huge mandate and has to do a great deal of work to make sure the country moves forward,” he said.

He dismissed the notion that the abolition of the independent advisory council would make the president more powerful. The previous panel was perpetually deadlocked, he said, and the new body would work more efficiently.

Dayan Jayatilleka, a diplomat political analyst who was Sri Lanka’s ambassador to the United Nations until he was removed in 2009, said that the changes simply formalize the vast enlargement of presidential power that has already take place.

“It is a constitutionalization of the wartime presidency,” he said.

But he added that opposition politicians are as much to blame for this expansion of presidential power. The main opposition party, the United National Party, is in shambles, and several of its members have defected to support Mr. Rajapaksa’s amendment. Sri Lanka’s Constitution, written when the country had a strong two-party system, did not envision that the second party would become so weak, Mr. Jayatilleka said.

“In the past neither party would be sufficiently popular or unpopular to permit constitutional change,” he said. “Clearly that has changed.”

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Sri Lanka president set to cement grip

By Mel Gunasekera | Agence France-Presse
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Sri Lanka's parliament will vote Wednesday on constitutional reforms enabling President Mahinda Rajapakse to seek a third term, in changes critics say point to the country's slide into autocracy.

Under the proposed amendments, the two-term limit will be scrapped, allowing the populist Rajapakse, who was resoundingly re-elected for the second time in January, to stand at the next polls, scheduled for 2016.

A draft bill was cleared on Tuesday by the Supreme Court, which informed parliament that the constitution could be changed by a two-thirds majority vote -- something Rajapakse, 64, looks almost certain to secure.

The amendment also hands him greater control over nominally independent institutions, giving him powers to appoint officials to key posts in the judiciary, police, election commission and central bank.

Rajapakse, who oversaw the defeat of the Tamil Tiger rebels in May last year after decades of conflict, already stands accused of using the immense power of his position as executive president to stifle any opposition.

"The amendment is seen as marking the end of liberal democracy in Sri Lanka," the Hong Kong-based Asian Human Rights Commission said, labelling the day "Black Wednesday."

Rajapakse's most vocal backers -- his party, the state media and his three brothers, who hold key public positions -- say the changes are needed to secure the post-war recovery of the country.

They also point to a requirement under the amendment for the president to appear before parliament every three months -- though this nod to accountability is limited by the inability of lawmakers to challenge the head of state.

Thousands of pro-government supporters gathered in central Colombo on Wednesday, blocking roads around the parliament and wielding posters saying "Long live the president!" or "We need a strong president."

"This amendment is much needed for our development," one supporter, 52-year-old Kusum Badra, told AFP.

Rajapakse, who grew up in the rural south, says his urban opposition critics in Colombo are simply biased because of his background.

"They fear I will secure a third term," he told newspaper editors on Monday. "But they (opposition political parties) would not have resisted so fiercely if someone with an elitist background had sought to do so."

The main opposition United National Party (UNP) and the Tamil National Alliance (TNA) are expected to vote against the changes contained in the bill, which was introduced in parliament in the morning.

"The amendments are intended to perpetuate the authoritarian rule under the facade of constitutionality," said UNP lawmaker Harsha de Silva before the vote.

The TNA, once seen as a proxy of the Tamil Tiger rebels, said the amendments encouraged "unhealthy political influence" and jeopardised good governance and the rule of law.

The proposed changes have also angered lawyers and some religious groups, who have criticised the lack of public scrutiny.

Parliament is to debate and vote on the changes in a single day.

"It will inevitably lead to a further, dangerous politicisation of our national institutions and a speedier, destructive erosion of our already fragile democratic culture," the head of the Sri Lankan Anglican church, Bishop Duleep de Chickera, said in a statement on Tuesday.

The state media, criticised by election observers during polls earlier this year for its biased coverage in favour of Rajapakse, has given its unequivocal backing to the president.

"It is a historic day and a great day to further democratic governance in the country," said a presenter on state Rupavahini television during morning coverage of the rally in Colombo.

A self-confessed hawk, Rajapakse is also under pressure to submit to an international war crimes inquiry into the latter stages of the island's civil war, when thousands of civilians are believed to have died.

© AFP

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