COLOMBO: Sri Lanka on Friday woke up to official publication of a draft constitutional amendment that will give President Gotabaya Rajapaksa the power to dissolve parliament and also offer him full immunity against prosecution.
The move comes two days after the government appointed a committee to draft the 20th amendment and give the country’s president unprecedented political power.
The amendment will roll back 2015 legislation limiting presidential power and reinforcing the role of parliament.
Rajapaksa said he would overturn the legislation during a speech inaugurating the country’s new parliament after his family-led Sri Lanka Podujana Peramuna Party (SLPP) claimed a landslide electoral victory.
According to Article 35 of the draft, while a person holds presidential office, no proceedings can be instituted against them “in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity.”
The draft also empowers the president to dissolve parliament at his will a year after the election of new lawmakers. He can also remove the prime minister.
Under the amendment the Constitutional Council will be replaced by a new body, the Parliamentary Council, made up of members of parliament but excluding civil society representatives.
The Constitutional Council’s powers to appoint members of the country’s three independent commissions — the Judicial Service Commission, Election Commission, Public Service Commission — will be in the hands of the president, who can only be advised by the Parliamentary Council.
The president will also have the power to appoint ministers.
The centralization of powers in the hands of a single person is dictatorial, despotic, autocratic and tyrannical.
Dayan Jayathilake, Former ambassador
In response to the publication of the draft, Dayan Jayathilake, Sri Lanka’s former ambassador to Russia, France and the UN, told Arab News that “the centralization of powers in the hands of a single person is dictatorial, despotic, autocratic and tyrannical.”
He said: “Under the new amendment, there will be no separation of powers, and appointment of members from the Judicial Service Commission to the Police Service Commission will be done by the chief executive, which is not a sign of a healthy democracy."
N. M. Amin, president of the Muslim Council of Sri Lanka, said that Rajapaksa “proved his worth” during the coronavirus crisis and also while conducting a free and fair election, which gave people confidence.
“But, unfortunately, these constitutional reforms will make them feel uncomfortable,” he said.
Political lobbyist Muheed Jeeran said that “normally a constitution would be amended in the interests of the public, but in Sri Lanka it usually benefits the lawmakers.”
He added: “I would say the constitution has been amended by lawmakers who want to enjoy power without hindrance. This is unfortunate for the people of Sri Lanka.
“The 233-year-old US constitution has been amended 27 times, but our 42-year-old constitution is reaching its 20th amendment now.”
Attorney General Dappula de Livera said on Wednesday that the draft of the amendment can be passed in parliament and does not require a referendum, after Justice Minister Ali Sabry announced that it will be voted on by lawmakers in October.
The ruling SLPP, led by Prime Minister Mahinda Rajapaksa, the president’s brother, has 145 seats in the 225-member parliament, six seats short of a two-thirds majority required to carry out constitutional changes.
However, its allied parties are expected to support the passage of the draft.
