Category Archives: devolution

Dayan Jayatilleka counters Gerald Peiris

Dayan Jayatilleka, in Island, 6 October 2017, with title The rise of the Sinhala fundamentalist new right: Response to Prof GH Peiris” the emphasis below being that of the Editor Thuppahi

Philosophy, said Kautilya (Chanakya) in the Arthashathra, deals primarily with the right and wrong use of force. At least from that time, it was recognized that there is a right way and a wrong way of doing even what is necessary or unavoidable. This was of course the very premise of the Just War doctrine of Christian theologians St Ambrose, St. Augustine and St. Thomas Aquinas. A war had to be for the right cause and the right cause was not self-evident or merely self-referential and self–proclaimed. It needed to pass certain criteria to qualify. This too was not enough. For war to be just it not only needed to satisfy the criteria for a just cause but be fought by just means, which too needed to meet certain criteria to warrant the appellation. Modern theologians, especially of the Protestant persuasion, have added a third criterion, that of Just Peace, i.e. of the outcome of the war.

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The Devolution Debate: Indelible Facts

Gerald H. Peiris … an original article with emphasis in black being that of the author and that in blue being an imposition by The Editor, Thuppahi

 

Several articles by Dr. Dayan Jayatilleke published in The Island during the past few days indicate that he is very definitely the most articulate and, arguably, the most “intermestic” exponent of the notion of the ’13th Amendment’ (implemented more comprehensively than at present with all powers and functions referred to in its Ninth Schedule vested on Provincial Councils – PCs) being the constitutional via media that would ensure stability, good governance and interethnic harmony. Dr DJ is no doubt aware that, following the misguided curtailment of Presidential powers through the 19th Amendment of the Constitution in 2015, alongside the practice of foreign agents including diplomatic personnel bypassing the Colombo government in their transactions with the ‘Northern PC’ emerging an unofficial ‘convention’ in Sri Lanka’s external relations, his prescription would actually entail the creation of a more autonomous network of PCs than envisioned at the promulgation of the 13th Amendment thirty years ago. Continue reading

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Streamline and Avoid Labyrinths in Making the SL Consitution

Chandre Dharmawardana, in The Island, September 2017, with title “Unit of Devolution – look in cyberspace!

It is interesting to read the debate about what the unit of devolution should be. Recent articles, by Dayan Jayatilleke (Island, Sep. 20, 2017) and Neville Ladduwahetty (Sep. 23, 2017) argue for the Province (DJ), and for the District (NL). Interestingly, both the TNA, and their counter organizations pay homage to “the indivisible nature of Sri Lanka”, the “Orumiththa Nadu” and the “aekeeya Rajya”, while also supporting “maximum devolution”, i.e., the opposite objective! In our view, the issue of power devolution to units of government is an obsolete question. However, we discuss them as usual and lastly look at the enormous technological possibilities that exist to leap frog into a system compatible with the 21st century.

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The Buddha’s Middle Path is the Route to Lanka’s Present Constitutional Dilemma

Dayan Jayatilleka in The Island, 25 September 2017, where the title is  “The ethnic issue: Fantasy vs. Reality. Response to Ladduwahetty and Hulugalle”

At a time when national borders are vanishing, the borders in our own mind need to be erased in the interests of serious inquiry and discussion.”—Mervyn de Silva, The Age of Identity, 1993

As in life, there are no guarantees in politics. One can only avoid the most obvious mistakes and cultivate the wisdom to manage things prudently. A Constitution cannot function as a prison house. Countries, like people, stay together because of consent and mutual agreement. The “stability” that both Ladduwahetty and Hulugalle crave, cannot be ensured by rigidity and unilateral imposition. The stability of the whole can be achieved only through dialogue and consensus, involving mutual compromise and concessions, between the component parts. That is surely the logic and spirit of the Social Contract. Continue reading

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Sri Lanka’s Constitutional-Political Dilemma TODAY: Three Types of Sri Lankan Separatists

Dayan Jayatilleka, in the Island, 19 September 2017,where the title is  “Constitutional choices and Tamil politics.  Three Types of Sri Lankan Separatists”

At the heart of the Constitutional Question is the crux of the continuing Sri Lankan crisis. And that is what may be variously called the Tamil Question, the Tamil issue, the Tamil problem, the Tamil national question, the Tamil nationalities question, the Tamil ethnic issue etc. I tend to see it as Sri Lanka’s North-South Question.

What is the Tamil Question? It is the problem of accommodating the identity and aspirations for irreducible political space of a community with a justifiable sense of pride and achievement, and doing so while not impinging upon the identity and aspirations for a secure space, of the unique community that forms the majority on this small island placed on a strategic sea-lane and in close proximity to a massive landmass with a huge population.

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Shaping the Constitution: Several Voices, Discordant Scenarios

ONE = Editor, NewsIin Asia: “Political posturing unlikely to hamper Lanka’s constitution making process,” 12 Sept 2017

Forces which are eager to give the country a new constitution as per the pre-election promise solemnly made by Sirisena and Wickremesinghe, are confident that the competing parties would sink their differences and agree to the Steering Committee’s Interim Report which is to be submitted to the Constitutional Assembly (CA) on September 21. writes P.K.Balachandran in South Asian Monitor.

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The New Constitution is a Neo-Colonial US Project

Tamara Kunanayakam, being the full text of a talk entitled The new Constitution – a neo-colonial project!” at a Forum in Sri Lanka on 6th September 2017 .. with highlighting emphasis added by The Editor, Thuppahi

As we meet here this evening, a radical overhaul is underway – of our political, economic, financial, social and cultural system. A new Constitution is being discussed, at the same time a plethora of radical reforms are being rushed through. The fact that many of these reforms are being challenged as unconstitutional indicates that the new Constitution is aimed at making what is un-Constitutional today, Constitutional tomorrow, making legal what is illegal by a simple trick of changing the Law!

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