Posts Categorized: Government

Kelsen’s ‘Theory of Necessity’

To amend the constitution with a simple majority By Wakeley Paul, Esq., August 14, 2004 If, in a democratic setting, the element of ‘necessity’ warrants the change of a constitution with a simple Parliamentary majority, then constitutions with the usual requirement of a 2/3 majority to amend or replace them become meaningless. Any party with… Read more »

The Constitution is Illegal

by Wakeley Paul; published April 20, 2004 To Ponna Wignaraja & Shiva Pasupati [former Attorney General], I am glad to note that Nihal Jayawickrema, part architect of the 1972 Constituent Assembly, of all people, recognizes what I have been trumpeting for some time, to wit, the illegality of the concept of the Constituent Assembly. His effort… Read more »

‘No Legal Basis for a Constituent Assembly’

by Romesh Abeywickrema; The Sunday Leader, Colombo, April 18, 2004 For the constitution to be amended or replaced a consensus or in other words a two third majority in parliament is an essential requirement says Dr. Nihal Jayawickrama, an expert on constitutional law. By taking part in a constituent assembly, opposition parties are being party to… Read more »

UN Commission on Human Rights

INTERFAITH INTERNATIONAL A non-government organisation with ‘consultative status’ at the United Nations * * * * * * United Nations Commission on Human Rights – 60th session Item 5 – Right to Self-determination Intervention by Visuvalingam KIRUPAHARAN March, 2004 In 1918, President W Wilson used the term ‘self-determination’ in his speeches to Congress. He stated… Read more »

Tamils Health Organization-USA AGM May 1

originally published February 23, 2004 It’s peacetime in the North-East of Sri Lanka THO-USA is a non–political, non-profit organization Our goal is to help rebuild the Healthcare infrastructure of the North-East of Sri Lanka We need your help and support Now, is the time for you to help and support! Event : Annual General Meeting of… Read more »

Blood Bank of Jaffna Hospital

originally published February 22, 2004 Dear fellow friends, family, and community members, I hope you are all well and enjoying the new year. As you well know, the situation in Sri Lanka is tenuous at best and the recent political upheaval lends very little hope for such a dire situation. And yet the Tamil population… Read more »

Letter to Jehan Perera

by Rajan Sriskandarajah; originally published February 11, 2004 Jehan Perera Media Director National Peace Council Sri Lanka. Dear Jehan, I read your latest Press Release in the Tamil Circle. This is a good analysis. However, I beg to disagree with your statement that, “… the LTTE’s own proposals for an interim self governing authority exceed those… Read more »

Barriers to Equality of Educational Opportunity in Sri Lanka

by Meera Pathmarajah; originally published February 5, 2004 Meera Pathmarajah is a graduate student at Harvard University Graduate School of Education, pursuing a Master of Education Degree in International Education Policy. This paper was written for her final project in a class titled ‘Education Policy Analysis and Research in Developing Countries’, taught by Professor Fernando Reimers…. Read more »

Fiscal Federalism

by Taraki; Daily Mirror, Colombo, January 7, 2004 Lankan leaders providing political building blocks for the LTTE? Money and resources are at the bottom of almost all problems and conflicts of humanity. The conflict in Sri Lanka too can be explained from this perspective. The LTTE negotiators did not understand the nature of this fundamental problem… Read more »

Re-evaluating Concepts of Sovereignty

by Ana Pararajasingam; South Asia Analysis Group paper No. 879, January 1, 2004 India’s former Prime Minister, Nehru and Sri Lanka’s former Prime Minister Bandaranaike shared a common Westernised background and an education at Oxford and Cambridge respectively- England’s oldest and prestigious universities. But, the similarities ended right there. By heeding the sentiments that led to… Read more »

Bloody Past – The ‘Disappeared’ Remain a Fundamental Issue

by Tamil Guardian editorial; originally published December 18, 2003 Bloody Past -The ‘disappeared’ remain a fundamental issue Though guns in Sri Lanka’s protracted ethnic conflict have been silent for over two years, the legacy of many bloody years remains. Last Wednesday the issue of ‘disappearances’ was highlighted yet again when a human rights organisation held a… Read more »

Status of Healthcare in the Vanni

by a Sangam member; originally published December 14, 2003 Many of my friends and colleagues have traveled to NorthEast of the island of Sri Lanka since the ceasefire agreement was signed between the LTTE and the government of Sri Lanka. There have been extensive reports of the destruction of 20 years of war, but none to… Read more »

A Reply to ‘TE Proposals and Beyond’

by Wakeley Paul, Esq.; originally published December 10, 2003 A REPLY TO ‘TE PROPOSALS AND BEYOND’ ANOTHER CHANCE TO JETTISON TALKS AND RESUME WAR?Mr. Mahanama Prematilaka’s article entitled “TE proposals and beyond” published December 8, reminds us of that famous saying ‘We had to destroy the Town to save it.’ Prematilaka’s suggestions for dealing with the… Read more »

Examining the ISGA Proposal

by A. Sri-Jayantha; originally published December 10, 2003 The proposal for an Interim Self-Governing Authority (ISGA) for the NorthEast of Sri Lanka was made public by the LTTE on Nov.1, 2003. The constitutional crisis in the South precipitated by Pres. Kumaratunge on Nov. 4 has allowed us to mull on this proposal and to react to… Read more »

Worldwide Comments on the ISGA

by M. Nadarajan; originally published December 8, 2003 Worldwide Comments on the ISGA of the LTTEComments have been made from around the world on the proposals for an Interim Self Governing Authority (ISGA) submitted by the LTTE. Only a few have been written dispassionately without taking sides. Most have been written either with pre-conceived ideas, or… Read more »

The “Wisdom” of Mr. H.L. de Silva

by Shan Suntharam; originally published November 26, 2003 Ostensibly, it was an address to mark the 50th anniversary of his call to the Bar by Mr. H. L. de Silva, who was described as a constitutional “luminary.” Thus, the expectation was of feast of constitutional wisdom distilled from fifty years of immersion in the law. However,… Read more »

It’s the Constitution, Stupid

by M. Nadarajan; originally published November 21, 2003 When the current US president’s father, the first President Bush, tried to get re-elected the catch phrase “It’s The Economy, Stupid” was used effectively to defeat him, blaming the state of the country’s economy on him. The current problems in Sri Lanka are being blamed on the Constitution…. Read more »

Power Unchecked

Tamil Guardian editorial, London, November 19, 2003 Power Unchecked – Peace is jeopardised in the name of power The constitutional deadlock in Sri Lanka continued this week as President Chandrika Kumaratunga, now comfortably entrenched in her usurped positions at the head of the ministries of defence, interior and media, stood firm against Premier Ranil Wickremesinghe’s toothless… Read more »

Promises to Keep

by Anne Henry; Daily Mirror, Colombo, November 18, 2003 A report released by UNICEF last week on catch-up education for children in the North and East makes for uncomfortable reading. While the Board of Investment trumpets Sri Lanka’s achievements in “lead[ing] the South Asian region… with its high literacy rate of 91% placing it way ahead… Read more »

The ISGA Compared to the B-C Pact

by Wakeley Paul, Esq.; originally published November 18, 2003 THE INTERIM SELF-GOVERNING AUTHORITY COMPARED TO THE BANDARANAIKE-CHELVANAYAGAM PACT A modest set of demands by Wakeley Paul The unimplemented B-C PACT was the closest we came to achieving a Federal Constitution. Under Section 29 of the Soulbury Constitution, Parliament was the sole legislative organ of the nation…. Read more »