Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Friday, January 15, 2016

Obama’s State of the Union speech – Is it half full or half empty?

Any country that wants to be known and acknowledged as the world leader have to be concerned about the larger good of the world and not adopt all policies purely on the basis of self centred approach.

by N.S.Venkataraman
( January 14, 2016, Chennai, Sri Lanka Guardian) Obama’s State of the Union speech certainly reflects the confidence of America that it is the world leader by virtue of its economic, industrial, financial, miltary and natural resource strength. Even the pledged critic of America will agree that America’s claim for world leadership by virtue of its various strengths cannot be doubted or disputed.
Nevertheless, in recent times, we find a situation that across the world, there are as many admirers of America as the critics. Perhaps, on certain occasions, the number of critics have exceeded the number of admirers.

Obama implied in his speech that world looks to America for leadership. Atleast some people who are not Americans would have thought as to whether Obama thinks that God has created America to police the world.

After eulogising America and implicitly feeling satisfied that several countries in the world depend on America for several things, Obama went on to pass very adverse and insulting remarks against Pakistan and Afghanistan, clearly mentioning that both these countries would remain unsettled for quite some time. He has not cared to think that he should not affect the sensitivity of millions of people living in these countries, by making such sweeping remarks which virtually condemn these two countries as incorrigible in the immediate future.

In making several of such sweeping remarks about number of countries, it is true that Obama is talking to the American citizens particularly keeping his present political compulsions and the forthcoming Presidential poll in America in view. Nevertheless, one would expect that the President of a mighty country like USA should have balanced his observations, particularly while talking about other regions.

In recent times, there have been several unsavoury incidents in USA also such as racial attacks, gun shooting in schools killing innocent lives and perhaps, Obama should have been honest enough to find fault with his own leadership for such conditions. He has not done so for obvious reasons, though he has no hesitation in making critical remarks about happenings in other regions.

There are several ways of looking at America and its attitude and approach to world issues. The admirers of America argue that but for America’s interference in internal affairs of some countries and its dominating role in the world affairs, the world would have been a much more violent place and many more conflicts would have taken place in several countries upsetting the regional peace and putting millions of people in discomfort and suffering. The admirers also point out that America has also given aid and other forms of support to several suffering regions in the past, which has not been matched by any other country.

The critics often say that the approach of American government towards the world issues have been entirely based on protecting its national interests and it has adopted a self centred policy. Such critics think that with all the technology advancement and money power that America commands, it could have influenced the world events in much more productive and progressive manner and to this extent, leadership of America and Obama as President in particular, have failed to rise up to world expectations.

Of course, while the critics accuse America for several acts of omissions and commissions, the ground reality is that several of the countries with dominating influence in world affairs like China, Russia and even Saudi Arabia, have not adopted their policies with any particular lofty objectives and perhaps in the case of some recent events, the behaviour of these countries have been much worse than that of USA.

Any country that wants to be known and acknowledged as the world leader have to be concerned about the larger good of the world and not adopt all policies purely on the basis of self centred approach. To what extent USA has adopted such policies and measures in the past and present can be a matter of unending debate and discussions.

All said and done, Obama who was honoured with a Nobel Prize for Peace, could have used his last State of the Nation address with a little more care and long sighted view, raising his speech to a new level that the world would have remembered for a long time to come. Obama appears to have lost an opportunity.
Listen to Obama here;

'People really feel the lack of security right now' – a day at a fencing trade fair

The market in ‘perimeter protection’ has boomed, as individuals look to protect their properties and governments attempt to shore up entire borders

Workers build new security fences topped with barbed wire to stop people from accessing the Eurotunnel terminal in Coquelles, near Calais. Photograph: Pascal Rossignol/Reuters
US -Mexico border fenceA security fence at the Eurotunnel terminal near Calais.
People try to cross into Spain’s north African enclave of Melilla from Morocco in October 2014.Hungarian prisoners form part of a work detail to finish the razor wire border fence with Serbia.
*People try to cross into Spain’s north African enclave of Melilla from Morocco in October 2014. Photograph: Reuters
 *Hungarian prisoners form part of a work detail to finish the razor wire border fence with Serbia. Photograph: Christopher Furlong/ Getty Images

 in Nuremberg-Friday 15 January 2016 

Anyone who steps unwanted over the threshold of a property with a Peperosso atomiser installed can expect an immediate burning sensation as chilli paprika is sprayed in their face. The instruction booklet promises “tears and coughing” and “a lot of slime”.

Madaya: medics on way to besieged Syrian town

Channel 4 News
FRIDAY 15 JANUARY 2016
A medical team is on its way to the besieged Syrian town of Madaya, where 32 people are reported to have died of starvation in the last month and children are suffering from severe malnutrition.
News
The Syrian government, whose troops are besieging Madaya with their Hezbollah allies, has given permission for the Syrian Arab Red Crescent to enter the town with a mobile clinic and carry out vaccinations.

Next week, the United Nations hopes to send more aid convoys to Madaya and the villages of Foua and Kefraya, which are being besieged by rebels linked to al-Qaeda who are opposed to the Assad regime.

The plight of the people of Madaya came to the world's attention last week when images of emaciated people came to light, with residents saying they had been forced to eat pets and weeds to stay alive.

'Severe malnutrition'

Unicef said "cases of severe malnutrition were found among children" after the UN and Red Cross entered the town on Monday and Thursday to deliver aid for the first time since October.
Dozens of deaths from starvation have been reported by monitoring groups and local doctors and aid agencies.

Unicef said that of 25 children under the age of five screened by its staff and the World Health Organisation, 22 showed signs of "moderate to severe" malnutrition. Its staff also witnessed the death of a severely malnourished 16-year-old boy.

'Atrocious acts'

UN Secretary General Ban Ki-moon said on Thursday that Syria's warring parties, particularly the government, were committing "atrocious acts" and condemned the use of starvation as a weapon in the five-year civil war.

"Let me be clear, the use of starvation as a weapon of war is a war crime," he said. "I would say they are being held hostage, but it is even worse. Hostages get fed."

According to the UN, 450,000 people are trapped in besieged parts of Syria, in areas controlled by the Assad government, Islamic State (IS) and other groups.

Aid deliveries to Madaya, between the Syrian capital Damascus and the Lebanese border, coincided with relief for Foua and Kefraya in the north west of the country.

Britain has joined the US, France and other countries in the bombing campaign against IS in Syria. Russia, an ally of Bashar al-Assad, has been carrying out air strikes against IS and rebel groups.

Malaysian police to step up social media scrutiny this year

Malaysia’s Inspector-General of Police Khalid Abu Bakar. Pic: AP.
by 15th January 2016

AMID concern from a number of Malaysian NGOs, Malaysia’s Inspector-General of Police Khalid Abu Bakar announced this week that “police have no choice but to beef up efforts to monitor social media as many internet users in the country abuse the platform by issuing insensitive comments”.

This comes at a time where reporters and opposition politicians are prosecuted on sedition charges, and arrest warrants sought through Interpol for the editor of the Sarawak Report, Clare Rewcastle-Brown.

Gaza’s children grow up with trauma

A Palestinian boy walks amid the ruins of homes destroyed by Israeli airstrikes in Gaza City, on 17 August 2014.Mohammed AsadAPA images



Isra Saleh el-Namey-14 January 2016

It has taken Mansour’s mother a long time to learn to cope with her 12-year-old son’s changing personality.

Once a top student, Mansour has become aggressive and disobedient. His grades are down, his mother says, and he suffers night terrors.

France clinical trial: 90 given drug, one man brain-dead

French Health Minister Marisol Touraine and Gilles Hedan, professor of clinical neurology, attend a news conference in Rennes, France, January 15, 2016The chief neuroscientist at the hospital in Rennes said there was no known antidote to the drug
BBC
14 January 2016
One man is brain-dead and another five people are in hospital after an experimental drug was administered to 90 people in a French clinical trial.
There is no known antidote to the drug, the chief neuroscientist at the hospital in Rennes said.
Of the five men in hospital, three could have permanent brain damage, Gilles Edan added.
Reports that the drug is a cannabis-based painkiller have been denied by the health ministry.
The trial, which involved taking the drug orally and has now been suspended, was conducted by a private laboratory in Rennes.
The experimental drug was manufactured by the Portuguese company Bial.
All those who volunteered for the trial have been recalled and the Paris prosecutor's office has opened an investigation.
Health Minister Marisol Touraine pledged to "get to the bottom... of this tragic accident".
"I was overwhelmed by their distress" she told reporters. "Their lives have been brutally turned upside down".

Analysis

By James Gallagher, health editor, BBC News website
This is the bitter price of the new medicines we take for granted. Testing such experimental drugs, at the cutting edge of science, can never be completely risk-free.
The safety and effectiveness of these drugs are rigorously tested in animals. The risks are low but there must still be a leap of faith when they are tried in people for the first time.
This trial has been taking place since July without such major events being reported. Generally in Phase I trials the dose is increased slowly over time, which could be why the side-effects are appearing now.
The hospitalised men started taking the drug regularly on 7 January and began showing severe side-effects three days later.
Three of the volunteers are now facing a lifetime of disability in this "accident of exceptional gravity".
It is a high price to pay, but thousands of people do safely take part in similar trials each year.

The trial was conducted by Biotrial, a French-based company with an international reputation which has carried out thousands of trials since it was set up in 1989.
In a message on its website, the company said that "serious adverse events related to the test drug" had occurred.
The company insisted that "international regulations and Biotrial's procedures were followed at every stage".
According to the health ministry, the adverse effects occurred on Thursday.

Clinical trials

Trials typically have three phases to assess a new medicine for safety and effectiveness
  • Phase I tests for safety. A small number of people, sometimes healthy, and sometimes with a medical condition, are given a tiny dose of the drug under careful supervision, not to test if the drug works, but in order to check for any side effects
  • Phase II sees the drug given to people who have a medical condition to see if it does indeed help them
  • Phase III trials are only for medicines or devices that have already passed the first two stages, and involve them being compared to existing treatments or a placebo. The trials often last a year or more, involving several thousand patients

The study was a Phase I clinical trial, in which healthy volunteers take the medication to evaluate the safety of its use, the ministry said.
Before any new medicine can be given to patients, detailed information about how it works and how safe it is must be collected.
Hospital in Rennes, France (file photo)Health Minister Marisol Touraine travelled to Rennes to monitor the incident
Clinical trials are the key to getting that data - and without volunteers to take part in the trials, there would be no new treatments for serious diseases such as cancer, multiple sclerosis and arthritis.
Every year around the world thousands of people take part in clinical trials but incidents like this are very rare, the BBC's Hugh Schofield reports from Paris.
New EU regulations to speed up clinical drug trials and streamline testing procedures across the 28-nation bloc are due to take effect in 2018.

Thursday, January 14, 2016

Army Has Dumped Garbage in Wells in the Occupied Lands


Sri Lanka Brief15/01/2016
A large amount of garbage has been dumped in the wells of the Valikamam north and east areas that were recently released for resettlement from High Security Zones (HSZ), Villagers complained.
Several wells found in the lands now settled by the public are currently damaged and the water is not fit for consumption, villagers complained.
701.5 acres of land were released on 29 December 2015 in Valikamam north and east from the HSZ.
It is now noted that many of the wells people used in these areas were used as a garbage dump-yard by the army and closed, thus causing inconvenience to the people who are preparing to resettle in their villages.
Villagers have complained about their damaged wells to the Tamil National Alliance(TNA) parliamentarian Mavai Senathiraja when he visited the areas recently.
“We went searching for our wells and suddenly we came across garbage pits that used to be our wells which we used for nearly three decades for water consumption,” villagers added.
Meanwhile, speaking to the villagers Senathirajah said that he hopes the government would release 600 acres of land in Jaffna to their rightful owners before the Thaipongal Festival.
During the visit to the recently released areas in Valikamam north in the district of Jaffna on Monday(11) he stated that releasing the land and resettlement in the area had already been discussed with President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe.
He further stated that 5,048 acres of land belonging to the public are still under the control of the security forces in the peninsula.
Meanwhile, it is learnt that the district and divisional secretariats that are in-charge of Valikamam are taking necessary steps to refurbish the damaged and missing wells in the lands that have been released for resettlement from the HSZ.
BY S.S. Sakthi / CT

Now No Demand for a Separate State; Consensus Constitution Is Need of the Hour – R.Sampanthan

index
Sri Lanka Brief14/01/2016
Hon. Deputy Speaker, before I commence my speech on this historic Resolution that has been brought to Parliament by the Hon. Prime Minister, may I extend to you my warm congratulations on your election as the Chairman of Sri Lanka Cricket – quite a prestigious position held by important persons of this country in the past. May I as a Colleague of yours in this Parliament wish you the best in the conduct of your duties as the Chairman of Sri Lanka Cricket.
Sir, this country has had three Constitutions thus far. The first has been the Soulbury Constitution enacted by our colonial rulers. We had the first Republican Constitution in 1972, which brought about several radical changes to the Soulbury Constitution. I will not go into the details of those changes. It would be sufficient for me to state that the main flaw in the 1972 Constitution was that it removed the safeguards provided to minority peoples in the Soulbury Constitution and entrenched majoritarianism.
It was enacted without the consent of the minority people. My Leader, the late Mr. S.J.V. Chelvanayakam – the acknowledged leader of the Tamil people – did not accept the 1972 Constitution. He resigned his Seat in Parliament and wanted a verdict pronounced by the Tamil people on whether the 1972 Constitution was acceptable to them or not. The verdict of the people was overwhelmingly clear. They rejected the 1972 Constitution.
I might say that it was the enactment of the 1972 Constitution that paved the way for the demand for a separate State. It was not long before the 1972 Constitution was replaced by the second Republican Constitution of 1978. This too was enacted without the consensus of the Tamil people. The 1978 Constitution too entrenched majoritarianism.
The main objectives of the 1978 Constitution were the installation of the Executive Presidency and the introduction of a new electoral system – the Proportional Representation System.
Both in 1972 and 1978 the Governments of the day were able to muster a two-thirds majority on their own and were able to enact the Constitutions, as desired exclusively by them without the need to look for a national consensus. Effective democracy and the making of a Constitution in keeping with the consensus of the whole nation were subverted by majoritarianism. The views of the distinct peoples who constituted the nation were regarded as irrelevant.
This is precisely why, Mr. Deputy Speaker, that even almost seven decades after Independence, we have failed to evolve into a single Sri Lankan nation. This country has had the unfortunate experience of being ruled under Constitutions which did not have the consensus or the consent of all its people. If all the peoples in this country are to evolve into a single nation, the Sri Lankan nation, this grave error needs to be corrected.
Over the past several decades, we have experienced several dire consequences of this failure to evolve a Constitution based on consensus. There has even been a demand for a separate State. We have had a war that has raged for over two-and-a-half decades. The war went through various phases.
I do not think there is a need to state too much about the war, Sir, except to state that this vicious war pushed the country backwards at least a further 50 years and caused immense suffering to all its people, particularly the Tamil people. The war has come to an end and more importantly, there is no longer a demand for a separate State. The demand for a separate State was given up even before the war came to an end. The Tamil people have at successive elections – Parliamentary, provincial and local authority elections – after 1987 clearly confirmed and democratically endorsed that definite policy. And it is in this background that there is no longer a demand for a separate State and it is also in this background that we are seeking to resolve the national issue within the framework of a united, undivided and indivisible Sri Lanka. It is within this framework that we are looking at a new Constitution that will also resolve the national question.
I might read the relevant paragraphs of this Resolution, Sir, which state, I quote:
“AND WHEREAS the People have at the Presidential Election held on 08th January, 2015 given a clear mandate for establishing a political culture that respects the rule of law and strengthens democracy;
AND WHEREAS His Excellency Maithripala Sirisena, President of the Democratic Socialist Republic of Sri Lanka has clearly expressed his desire to give effect to the will of the People expressed at the aforesaid Presidential Election by enacting a new Constitution that, inter alia, abolishing the Executive Presidency;
AND WHEREAS it has become necessary to enact a new Constitution that, inter alia, abolishes the Executive Presidency, ensures a fair and representative Electoral System which eliminates preferential voting, strengthens the democratic rights of all citizens, provides a Constitutional Resolution of the national issue, promotes national reconciliation, establishes a political culture that respects the rule of law, guarantees to the People’s fundamental rights and freedom that assure human dignity and promotes responsible and accountable government.”
There can be, surely, no dispute, Sir, of the urgent necessity to fulfil these needs and there can also be no question that the people of this country have given to President Maithripala Sirisena and to Prime Minister Ranil Wickremesinghe a mandate to fulfil these urgent needs. That position, Sir, is abundantly clear.
All the Members of this House are going to come together, discuss every issue and devise a new Constitution that will achieve the total or maximum consensus in this House, which, after Cabinet approval, will have to be approved by Parliament by a two-thirds majority – which is achievable only by cutting across party divisions – and which must also be approved by the people at a Referendum cutting across ethnic, linguistic or any other divisions.
Then, this country will, for the first time, have a Constitution based upon not merely consensus within this House, but also consensus amongst the people in this country based upon the sovereignty vested in the people. That, Sir, would be the greatest day in this country’s history, the day on which all the people in this country would have come together to form the Sri Lankan nation – where and in which country every citizen has a sense of belonging to Sri Lanka and a sense that Sri Lanka belongs to him or her together with his or her fellow citizens.
I would very earnestly urge all Hon. Members of this House to wholeheartedly participate and support this initiative across party or other divisions in keeping with universal values and constitutional arrangements that prevail in several countries the world over in circumstances and conditions similar to what prevails in Sri Lanka, so that this country can march towards genuine reconciliation, peace and prosperity with a better and brighter future for all our people.
I want to make a special appeal to former President Mahinda Rajapaksa – unfortunately he is not here now. He has the stature of a national leader and his support in this national endeavour is important. The country, all its people and the nation need his support. It would be my submission, Sir,that he needs to place the interests and the well-being of the country before anything else and positively contribute to this initiative. He himself has taken steps towards remaking the Constitution so as to address the national question. There have also been instances when he did the right thing. He would pave for himself a new future if he now did the right thing by being positive in the making of a new, just and equitable Constitution that also resolves the national issue and serves the country.
Prime Minister Ranil Wickremesinghe and President Maithripala Sirisena have referred to many matters, many missed opportunities in the course of their speeches. President Maithripala Sirisena referred to the Bandaranaike-Chelvanayakam Pact, the Dudley Senanayake – Chelvanayakam Pact and the Indo-Sri Lanka Accord. The said three documents contained vitally important commitments made by national leaders of the greatest stature.
Leaders such as the much-respected Hon. S.W.R.D. Bandaranaike, the much-respected Hon. Dudley Senanayake and the much-respected President J. R. Jayewardene made very positive contributions through their commitments in those three documents to the resolution of the national question.
As pointed out by President Maithripala Sirisena, many things have happened since the enactment of the Thirteenth Amendment to the Constitution. Much work has been done towards framing a new Constitution under different Governments, under different leaders, starting with President Ranasinghe Premadasa, President Chandrika Bandaranaike Kumaratunga, Prime Minister Ranil Wickremesinghe and President Mahinda Rajapaksa. Much work has been done. Let us come together, Mr. Deputy Speaker, to give our country a new future. Let us all rise to the stature required of us at this crucial moment in this country’s history.
I thank you, Sir.
( The speech made by Hon. R. Sampanthan in parliament on the 12th of January 2016)

Some Initial Proposals for a ‘New Constitution’

people_TRAIN_SLG






by Laksiri Fernando
( January 14, 2016, Sydney, Sri Lanka Guardian) Proposal 1: There can be a Preamble to the Constitution other than the Official Proclamation under ‘SVASTI’ such as the following before operational articles and Chapter 1.
PREAMBLE  
We the People of Sri Lanka,

The fabrications of Yahapalanaya: 65,000 metal houses for the North & East

Photograph courtesy Reuters
    Groundviews
In late December 2014, the Ministry of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs opened bids from various contractors to build 65,000 houses in the Northern and Eastern Provinces over the next four years.  A statement (available here) issued by a group of civil society organisations raises important concerns about this project but there are some additional ones to consider.
There are unconfirmed reports that the project, about which not much is known either by the provincial or district officials, is set to be awarded to Arcelor Mittal. The global steel-manufacturing giant is reportedly vying to supply and install pre-fabricated metal houses to which it appears the Minister has taken a strong liking.
Curiously, it is also reported that officials from the company had visited Sri Lanka even before the tendering process was initiated in early October (it was concluded in late December with the bids being opened). There are many serious issues that arise:
  • It would be an understatement to say that prefabricated steel houses are alien to the North and East.  No consultations have been undertaken with the concerned communities or even local government officials on any aspect of the project. The suitability and appropriateness of these supplier-driven solutions and designs have not been pilot-tested and nor does there seem to be any obligation on the contractor to do so.
  • Using imported inputs and services rather than local materials and expertise will not only undermine the local economy but also negate any positive spin-offs for the national and local economy a large housing project of this nature can be expected to generate.
  • The houses are expected to cost around 2 million Sri Lankan rupees, which is three to four times more than in other recent housing projects in the same region.  While profiting the contractor, it will only lead to a further expansion of an already inflated public national debt.
Why is the Government privileging a contractor-driven approach when decades of experience in Sri Lanka, including with the initial phase of the Indian Housing Programme, indicates that owner-driven approaches are cheaper, more adaptable, and have more positive social benefits?
Yes, recent owner-driven projects including the Indian Housing Project, had many problems, especially indebtedness. But rather than address these why is the government embracing a contractor-friendly approach? In fact, it appears these problems are being used to justify an approach that is contractor-friendly and is totally non-participatory and is coming at significant cost to the local and national economy. Why are supplier-driven solutions being privileged over people-centred and participatory housing programmes? Whom is this programme really benefitting?
Sri Lanka has an extraordinarily rich history and experience with large-scale public housing. But just the like previous regime ignored all that in forcing Colombo’s poor into badly designed high-rises with little thought for the social or economic dimensions, including the longer terms costs to the state, the Yahapalanaya regime is doing the exact same thing.

SRI LANKA: AHRC’s Submission to the Constitutional Reforms Committee


January 14, 2016
AHRC Logo
We are producing today a submission made by the Asian Human Rights Commission to the Constitutional Reforms Committee.
In our submission among other things , we have made the following argument.
That the state of the law enforcement agencies, particularly the policing service, and other branches of the administration of justice, the Attorney General’s Department, and the judiciary in Sri Lanka is in a state of serious collapse;
So long as this state of collapse remains, it would not be possible to implement any constitution within the framework of the rule of law under the principles of the Supremacy of law;
What this implies is the very status of the concept of legality is under serious threat in Sri Lanka due to constitutional experiments of 1972 and 1978, in particular;

Therefore, it is futile to create a constitution that cannot be implemented;
It is thereby imperative that those engaged in the drafting of the newly proposed constitution should address the matter of enforceability of the constitution through the law enforcement agencies and the institutions of the administration of justice as an issue of paramount importance;
This implies that:
A. The Constitution must provide conceptual and a practical programme for revitalising the law enforcement agencies, particularly the policing service and other branches of administration of justice such as the Attorney General’s Department and the judiciary.
B. That such conceptual and practical measures should address the issues of providing funding for a functional system of law enforcement and judiciary, whereby the dysfunctional state that it is in now could be brought to an end; A constitution does not provide a conceptual framework for adequately funded institutions of justice, which is a dead letter from the very start.
C. There are other measures, that should also be made to ensure the establishment of the rule of law through a functioning law enforcement and judicial institutions.
D. Among other things, this conceptual framework can be made through a clear and a strong statement of the basic structure of the state of which a functional law enforcement agencies , in particular the police and the judiciary as an integral part; this basic doctrine can be derived from the series of Indian cases known as the Judge’s cases beginning with 1) The KesavanandaBharati v State of Kerala and 2) the case of Supreme Court Advocates on record Association and another ( Petitioners) versus The Union of India, decided at the end of the year 2015.
E. The authority of the courts which has been seriously undermined should be reinstated to a position where the courts could function as a separate branch of government, functioning under the separation of powers principles and the checks and balances as developed in the constitutional theory (vide The Federalist Papers); The issue of the impeachment of the Superior Court judges should be finally dealt with in terms of the internationally accepted standards. Regarding the appointment of the Superior Court judges the phrase, ‘in consultation with the Chief Justice” should be interpreted in the same manner as it is being done in India in a series of judges cases mentioned above, to mean that primacy in selection must be in the hands of the Chief Justice and a collegium of senior Supreme Court judges.
F. At the same time, the meaning of the authority of courts, should include adequate funding for functional system of justice so that adequate number of judges, court building and all other things that go with it, and adequately funded criminal investigations branch should be included.
G. The issue of the Commission against Bribery and Corruption must also be dealt with as part of the obligation of the state to use its coercive power to ensure that all those who work as its officials abide by law – meaning that a corrupt system is a lawless system and lawlessness and constitutionality is incompatible.
H. In drafting the section on human rights, the right to life, right to a fair trial without undue delay and an effective remedy for violations of rights which go far beyond the Article 126 of the 1978 Constitution should be envisaged. Mere declarations by the Supreme Court and mere symbolic compensation has not contributed to the ending of serious human rights violations. Therefore, this constitutional remedy must be strengthened to be in keeping with Article 2 of the International Covenant on Civil and Political Rights (ICCPR).
I. Eliminating extra judicial killings should be carefully drafted to avoid the repetition of mass killings that have taken place in Sri Lanka over several decades after their arrests have been secured. In the same manner, elimination of torture and ill treatment, with an effective remedy to prevent it should become an integral part of the constitution, given the extremely bad record Sri Lanka has had regarding this matter.
J. Delays in adjudication including delays in investigations in filing of prosecutions and adjudication in the courts, should be made into a violation of a fundamental rights to justice and should justiciable both under fundamental rights and other legal remedies.