Constitution of Sri Lanka

“ Section 3 Replacement of Article 30 of the Constitution 3. Article 30 of the Constitution is hereby repealed and the following Article substituted therefor:-
30. (The President of the Republic) (1) There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government and the Commander-in-Chief of the Armed Forces. (2) The President of the Republic shall be elected by the People and shall hold office for a term of five years.
Section 4 Amendment of Article 31 of the Constitution 4. ”

“ Every person who immediately prior to the commencement of the Constitution was a citizen of Sri Lanka, whether by descent or by virtue of registration in accordance with any law relating to citizenship, shall be entitled to the status and to the rights of a citizen of Sri Lanka as provided in the preceding provisions of this Article. ”

“ Where the Governor or any Provincial Council has failed to comply with, or give effect to, any directions given to such Governor or such Council under this Chapter of the Constitution, it shall be, lawful for the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the constitution. ”

“ The emergency regime and exemptions from judicial review 347. A defining feature of the Sri Lankan legal system is a series of key structural exemptions from judicial review. Firstly, the Constitution provides comprehensive immunity to the President for any act or omission, whether personal or official. [72] Secondly, a comprehensive regime of emergency provisions in Sri Lanka overlays the general law, significantly displacing the otherwise applicable provisions of the general law and exempting wide swathes of state action from judicial scrutiny. ”

“ It shall not be a contravention of the provisions of paragraph (1) of this Article for Parliament to make any law containing any provision empowering any person or body to make subordinate legislation for prescribed purposes, including the power—
(a) to appoint a date on which any law or any part thereof shall come into effect or cease to have effect;
(b) to make by order any law or any part thereof applicable to any locality or to any class of persons; and
(c) to create a legal person, by an order or an act. ”

“ No act of such person or proceeding held before such person, prior to such determination, shall be deemed to be invalid by reason of such determination;
“law” means any Act of Parliament, and any law enacted by any legislature at any time prior to the com­mencement of the Constitution and includes an Order in Council ”

“ Deployment of any armed force of the Government of Sri Lanka or any other force subject to the control of the Government of Sri Lanka or any contingent or unit thereof in any Province in aid of the civil power ; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment ; (d) Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas ; (e) Naval, military and air force works ”

“ No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka. (2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka. ”

“ Rendered stateless for decades, they are one of Sri Lanka’s poorest and most marginalized communities. Muslims are considered a distinct ethnic group in Sri Lanka. Populations figures are from: http://www.statistics.gov.lk/page.asp?page=Population↑ (6) Until the name was changed under the 1972 Constitution, Sri Lanka was formerly called the Republic of Ceylon. ↑ (7) In the South, the leftist Janatha Vimuthki Peramuna (JVP or People’s Liberation Front) , comprised of mostly poor, educated Sinhalese youth from rural areas, launched its first armed uprising in 1971 and a second in 1987. ”

“ The State shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the People of Sri Lanka, including the racial, religious, linguistic and other groups, and shall, take effective steps in the fields of teaching, education and information in order to eliminate discrimination and prejudice. ”

“ Sri Lanka has been governed, since independence, by an elite group comprised of members of different ethnic communities, within a majoritarian Sinhala State, in which Sinhalese dominate. Strong indicators of democracy, including universal franchise, a multi-party system and a vibrant electoral process, combined with important human development achievements, such as high literacy rates both for men and women and low infant mortality, contrast sharply with Sri Lanka’s long history of war. ”

“ But people believe what they want to believe. The world at large prefers to believe the assertions of the Sri Lankan opposition rather than study the Constitution and judicial precedents. So the urgent pleas of the Government for assistance to improve its mechanisms has gone unheeded. ”

“ Certainly no government facing such power has as good a record as the Sri Lankan government and its armed forces, and the failure to appreciate the great regard shown for civilians, as compared with what occurs in conflicts elsewhere, it most regrettable. ”

“ Sri Lanka is committed to such cooperation and collective action within the community of Asian nations. The people of Sri Lanka on the 8th of January gave me an overwhelming mandate to take the country on a path of progress as a nation welcoming a new dawn of democracy, good governance, the rule of law, and equal opportunities for all. Towards this end, my Government is implementing an ambitious 100-day programme, inclusive of constitutional reform, to usher in a new political culture, as well as achieve lasting national reconciliation among all communities. ”

“ But such actions should be on our terms, based on the simple fact that the Sri Lankan democratically elected government represents all the people of this country, and is entitled to make decisions on their behalf without submitting to the fiats of other unaccountable bodies. ”

“ Political, social and economic exclusion based on ethnicity, perceived or real, lies at the heart of the Sri Lanka conflict. Reconciliation in Sri Lanka requires recognition and acknowledgement of the rights of all communities, including Tamils and Muslims, as full citizens. Future policies must be inclusive to prevent the potential re-emergence of violence as a form for expressing grievances. ”

“ Today, they amount to an impediment to the ability of all Sri Lankans, especially Tamils living in the North and East, to conduct their lives as full citizens and represent an infringement on their rights. ”

“ Transitional justice is a useful lens through which Sri Lanka can focus its approach to accountability. It is applicable in any post-conflict setting, including where the Government has defeated an insurgency, as was the case in Peru. In particular, Sri Lanka should seek to guarantee the rights of victims to truth, justice and reparations, all of which are based on international standards and should form an essential part of a transitional justice approach. ”