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The Legal professionals’ Collective writes to the brand new Cupboard of Ministers and all members of the newly elected tenth Parliament of Sri Lanka on the significance of recognizing the legislative mandate signalled by the individuals at this election. We congratulate all elected representatives of the brand new parliament and emphasize that the mandate given is a clarion name to make sure that the legislative agenda displays the sovereign will of the individuals.

We urge the brand new authorities to acknowledge now and with out additional delay the necessity for motion on the guarantees given to the nation on an pressing nationwide legislative agenda. The absence of a 2/3 majority hampered progress on earlier makes an attempt at constitutional reform and the sort of agenda. The large mandate given by the Sovereign Folks of Sri Lanka for very important legislative reform should be accompanied by swift motion to hold this promised agenda ahead, with due consideration to pressing priorities.

In mild of the large mandate to hold ahead this imaginative and prescient of accountable governance to the Sovereign Folks of Sri Lanka, the Legal professionals’ Collective needs to spotlight the necessity to carry ahead promised reforms in a brand new legislative agenda prioritizing the next areas:

The Preamble to the Structure has been a reminder of the aim of the arrogance reposed by the Folks of their Representatives. It’s to ‘…represent SRI LANKA right into a DEMOCRATIC SOCIALIST REPUBLIC while ratifying the immutable republican rules of REPRESENTATIVE DEMOCRACY and assuring to all Peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS and the INDEPENDENCE OF THE JUDICIARY because the intangible heritage that ensures the dignity and well-being of succeeding generations of the Folks of SRI LANKA and of all of the Folks of the World, who come to share with these generations the trouble of working for the creation and preservation of a JUST AND FREE SOCIETY:’
In direction of constituting this imaginative and prescient of Sri Lanka, the Legal professionals Collective highlights probably the most pressing of the legislative reform that should be prioritized.

1. Abolish the Govt Presidency
The autocratic rule made potential within the position of the manager president has been extraordinarily damaging to democracy, the rule of legislation and the independence of establishments together with the judiciary. The abuse of energy and undermining of all public establishments and the corruption that has accompanied this have been witnessed by residents for many years, particularly in 2009-2024.

The Janatha Vimukthi Peramuna drew consideration to this actuality and sought the abolition of the Govt Presidency by means of the Twentieth Modification to the Structure, 2018. The Samagi Jathika Balavegaya, the primary opposition occasion, unsuccessfully introduced the Twenty-First Modification to the Structure, 2022, over the last authorities to attain this objective. Each the Nationwide Folks’s Energy and the Samagi Jathika Balavegaya promised this reform of their manifestos as a foundational foundation to eradicate corruption and obtain accountable governance for the Sovereign Folks of Sri Lanka.

The Legal professionals’ Collective urges the President and the Authorities to put this matter on the prime of the legislative agenda and take the mandatory steps in direction of reaching it as a matter of precedence. A substantial amount of work has already been accomplished on this concern reform, and there are necessary experiences from each official companies and civil society organizations within the public area. We even have the Structure Invoice of 2000 and the Twentieth and Twenty-first Modification Payments referred to above. The Constitutional Meeting of 2016-17, to which the Janatha Vimukthi Peramuna contributed immensely, additionally labored on this concern and introduced an Interim Report and a draft constitutional invoice. Thus, the duty of drafting a structure to abolish the Govt Presidency might be accomplished in a number of months within the first 12 months of workplace. This may allow the President, as promised, to go the federal government because the Prime Minister of the nation, accountable for accountable governance to Parliament and the Folks.

Prioritizing this reform is important. Because the reform requires approval at a referendum, historical past has proven us that proposing such reform at later levels of a parliamentary time period turns into a referendum on a authorities’s efficiency as a substitute of a referendum on the constitutional modification. Governments additionally must cope with political opposition by spoilers and an opposition that finds political acquire making in retracting help for vital reforms. To place it in one other means, the Authorities should strike when the iron is scorching. Because the late Maduluwawe Sobhitha Nayaka Thero put it in pithy Sinhala in 2015 when advocating the instant abolition of the Govt Presidency, the roti should be made whereas the pan is scorching (‘thatiya rathvela thiyanakota rotiya puchchanna’).

2. Repeal the Prevention of Terrorism Act of 1979 (PTA)
The PTA has made a mockery of the anti-terrorism authorized framework in Sri Lanka and has been repeatedly utilized by successive governments in opposition to people, teams and establishments to suppress professional freedoms of expression, meeting and different civic rights. The legislation has turn out to be notorious for its draconian provisions, which totally undermine the human rights safeguards that should be ordinarily offered to residents. The PTA provides broad powers of arrest and detention primarily based on a obscure and broad definition of terrorism, and such powers aren’t topic to judicial evaluate. It additionally supplies for broad, extraordinary presidential powers. Repealing this legislation is thus essential from human rights in addition to reconciliation, accountability and institutional reform viewpoint.

The Legal professionals’ Collective is distressed to notice that the draconian PTA remains to be getting used even in instances the place the strange legislation of the land can be utilized.

3. Repeal the On-line Security Act of 2023

The On-line Security Act was proposed below the guise of defending the rights of girls and youngsters, and its scheme is overwhelmingly centered on defamation and critique. This legislation regressed Sri Lanka’s place of eradicating legal legal responsibility from defamation. The legislation serves no objective and is poorly crafted with overly broad definitions and powers. As such, it can not sit within the legislation books of Sri Lanka as a vital piece of laws.

4. Some present and up to date problems with governance of concern

The Legal professionals’ Collective notes that the powers of the manager presidency have been abused to undermine the autonomy of the general public College system in Sri Lanka. We urge the legislature to contemplate the reforms that strengthen the independence and inside accountability mechanisms of the general public college system.

The newest concern that the Legal professionals Collective takes this chance to spotlight is the long-standing want for independence of establishments. An instance of concern is the matter referring to the Vice Chancellor of Ruhuna College. The latest incidents in Ruhuna College show the style through which governing our bodies and educational our bodies in public universities have turn out to be dysfunctional because of the years of political interference in college administration. The Legal professionals’ Collective notes that the Minister of Training has exercised powers below the College’s Act to handle the present disaster. A Competent Authority has been appointed as an interim measure. Nonetheless, for the Rule of Regulation to be adopted and sustained, there should be an impartial inquiry, with due course of and respect for norms of pure justice and the fitting of the Vice-Chancellor of the Ruhuna College to be heard earlier than a Competent Authority is appointed or he’s faraway from workplace. It is a Presidential appointment and it’s the President who can take away a Vice-Chancellor in session with the UGC. Such a choice would additionally require due course of be noticed by all concerned within the choice. The President could act on the premise of a report by an inquiry committee forwarded to him by the Minister of Training along with her advice.
The legislative agenda outlined above represents a transparent break from autocratic and oppressive centralized rule to ruling by individuals for individuals. Signalling this break with these legislative reforms shall be obtained as a fulfilment of the mandate and can set the tone for institutional governance that’s people-focused.
The Legal professionals’ Collective has been a voice for democracy, the rule of legislation and the independence of the judiciary in Sri Lanka. As evidenced by our a number of statements in the previous couple of years, the method of law-making has failed the individuals of this nation. We remind the federal government and the representatives within the legislature that it is very important undertake a clear and inclusive technique of coverage and law-making that’s proportionate and attentive to the wants of the individuals. Dialogue and communication with the sovereign individuals of this nation will deepen legitimacy and public belief in governance.

Yours faithfully,
On behalf of the Legal professionals’ Collective
Mr. Upul Jayasuriya, President’s Counsel
Dr. Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Lawyer-at-Regulation
Mr. Geoffrey Alagaratnam, President’s Counsel
Mr. Saliya Pieris, President’s Counsel
Mr. S.T. Jayanaga, President’s Counsel
Professor Deepika Udagama
Professor Camena Gunaratne
Rev. Fr. Noel Dias, Lawyer-at-Regulation
Mr. Ok.W. Janaranjana, Lawyer-at-Regulation
Mr. Srinath Perera, Lawyer-at-law
Ms. Ermiza Tegal, Lawyer-at-Regulation
Mr. Darshana Kuruppu, Lawyer-at-Regulation

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