STATEMENT
ON
THE
CONTINUING
VIOLATION
OF
THE
17TH
AMENDMENT
OF
THE
CONSTITUTION
11th
February
2008,
Colombo,
Sri
Lanka: The Centre for Policy Alterna4ves (CPA) strongly condemns the con4nuing viola4on of the 17th Amendment of the Cons4tu4on by the Government. The fact that today, aBer the par4es other than those to which the Prime Minister and the Leader of the Opposi4on belong have agreed on a nominee the Cons4tu4onal Council, the President and the Government con4nue to obstruct the reestablishment of the Cons4tu4onal Council supports the posi4on that CPA has adopted consistently since 2005 ‐ the present Government is deliberately and inten4onally undermining cons4tu4onal provisions to promote the depoli4cisa4on of key democra4c ins4tu4ons, good governance and the Rule of Law. Recent statements by Cabinet Ministers offering flimsy and unconvincing arguments for the delay in accep4ng Mr. S.B. Mayadunne’s nomina4on, the President’s failure to announce his nominee to the Cons4tu4onal Council, and the appalling lack of urgency to re‐ac4vate the Council so that it can in turn nominate and approve members to the independent Commissions as per the 17th Amendment to the Cons4tu4on, raise serious concerns about the President’s and the Government’s commitment to the supremacy of the Cons4tu4on and the Rule of Law. Since the 17th Amendment plays a pivotal role in ensuring the independence of the judiciary, the Human Rights Commission and other important Commissions dealing with elec4ons, the police and the public service, its non‐implementa4on has a vital impact on human rights in the country. At a 4me when Sri Lanka is focusing on obtaining much needed preferen4al trade facili4es from the European Union under GSP + and seeking to demonstrate its commitment to various human rights standards and full and effec4ve implementa4on of such standards, the ac4ons of the Government will not only undermine the Rule of Law and principles of good governance, but also place in jeopardy the employment of thousands of workers and the economic well being on the tex4le industry in the country. The Centre for Policy Alterna4ves calls upon the President and the Government to implement the provisions of the 17th Amendment immediately. It renews its call to all sec4ons of civil society including professional organiza4ons, trade unions, the business 1 community , religious leaders and poli4cal par4es commi[ed to the Rule of Law, both within the Government and in the opposi4on, to take concerted and urgent ac4on to ensure the full implementa4on of the 17th Amendment to the Cons4tu4on. CPA also calls upon all members appointed in viola4on of the Cons4tu4on to Commissions recognized under the 17th Amendment, to resign from their posi4ons forthwith to support the ini4a4ve to ensure that this important cons4tu4onal amendment is reac4vated in accordance with both the le[er and the spirit of the Cons4tu4on. 2