PRC Report On Constitutional Reforms: Some Reflections On Diversity
By Lukman Harees –June 9, 2016
Lukman Harees
“If, by the mere force of numbers, a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution – certainly would, if such a right were a vital one.” ~ Abraham Lincoln (First Inaugural Address, March 4, 1861)
The Report prepared by the Public Representations Committee on Constitutional Reforms (PRCCR) led by Lal Wijenayake has now been released, putting together an array of written and oral representations received from the public. Indeed, the public consultations reflected an important feature of a mature democracy: people engaging in discussions and debates on issues of national importance. As per this comprehensive report, people strongly felt that the time is opportune for democratisation of the State and national reconciliation that it should be done immediately and if it fails at this moment, the country will not get such an opportunity again. This assertion is indeed very relevant and thought provoking as we tend to forget the bitter lessons in history and tend to walk down the same path which earlier led us to the virtual near-dismemberment of our motherland along racial and religious lines. As a prelude to promoting national reconciliation, it is important to clearly stress that the ‘multi-ethnic , multi religious’ character of our nation, thereby taking the wind off the sails of majoritarian protagonists who keep banding Sri Lanka as the Land of the Sinhalese and others are only guests.
In a recent Colombo Telegraph article, learned writer Malinda Seneviratne has observed that enshrining the fact that ‘Sri Lanka is multi ethnic and multi religious in the Constitution’ may be a case of stressing the obvious and even be absurd as stressing that ‘Sri Lanka is an Island’ and opined that having multi-laws tend to affect the process of national reconciliation. It should however be borne in mind that stressing ‘that Sri Lanka is diverse in such terms does not mean to dilute the potency of the majority community in any manner; it merely underlines the fact that majoritarianism will not and should not become the guiding principle in statecraft. It should not be a matter of two wolves and a sheep voting on what to have for dinner as the process of democracy is commonly understood to be. No space whatsoever should therefore be left for those attempting to raise such majoritarian cries to draw inspiration from the Constitution to make Sri Lanka a monolithic state, in order to dilute the minorities’ place in Sri Lanka and relegate them to second class status. Minorities whether Tamil or Muslim citizens or any other, should be able to enjoy their rights based upon the said premise or basis of being equal citizens of a multi-ethnic, multi-religious Sri Lanka and not as a matter of benevolence afforded by the majority race.
