The 8th September will mark the end of an historical period and begin that of a dark dictatorship
Statement by Asian Human Rights Commission
(September 08, Hong Kong, Sri Lanka Guardian) Today, the 18th Amendment to the Constitution of Sri Lanka will be passed by a fast-track-procedure which has effectively disallowed public participation and discussion. The opposition has announced that it will boycott the proceedings as mark of protest and it has also declared 8th September (today), as a 'black day' for Sri Lanka.
The amendment was referred to the Supreme Court of Sri Lanka, without allowing time for filing of objections by the public. However, within that short space of time, several lawyers appeared for a few interested groups who filed objections. The Supreme Court sent its decision to the speaker of the house stating that the amendment can be passed with a two thirds majority. This means that no referendum is needed. The Supreme Court of Sri Lanka does not have the power of judicial review. This power was removed by the 1972 Constitution. It only has a limited power to state whether any bill presented to Parliament is incompatible with the Constitution. The Supreme Court is not obliged to give its reasoning for any decision under this jurisdiction or explain why it rejects the objections by parties which are opposed to the proposed law.
The decision of the Supreme Court is suicidal
The essence of the 18th Amendment is remove any and all checks and balances to the power of the president and the limitation of two terms for the incumbent president which is internationally considered an absolute limitation within a liberal democracy. Such a limit cannot even be removed by a referendum. Under the present constitution the very least that the Supreme Court should have done was to refer the matter to a referendum and by not doing do so it has violated one of the most important legal safe guards against dictatorship. This will pave the way to the removal of the foundations of constitutionalism itself and the result is that authority of the Supreme Court will lose its constitutional basis. The Supreme Court has willingly abandoned its own position, rights and authority. In the future it will be a puny institution subordinated to an all powerful president.
Parliament will also lose its authority
The opposition has called on members of parliament to oppose this amendment as they will otherwise be voting to abandon their own powers, authority, rights and privileges. The 18th Amendment, once passed, will place the parliament under the president. It will exist in name but, like an amputated limb, it will only be a phantom parliament. It will be a façade without real power.
8th September.--.A Day that will change everything
The political and the legal system will be changed for the worst with the passing of the 18th Amendment. The final erosion of liberal democracy will be completed tonight.
A period of state violence and the supremacy of the security apparatus
From this day on the dictator will be able to assert his power with little or no restraint. It will be the beginning of a waking nightmare for every citizen of Sri Lanka. Individual and property rights will be trampled with absolute impunity.
A Nation deeply in debt embraces a dictatorship
Sri Lanka is mired in debt and now the dictator will use his power to repay these debts off the backs and sweat of the people. What misery that will lead to is unpredictable at this point in time. But, when the catastrophes come, as has happened in other countries which have followed a similar course, it will be no surprise.
The fight for democracy now depends on the way in which Sri Lankans find their own way of taming the dictatorship and creating limits on its power.
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