CPA Deeply Concerned - Changes Proposed In 20a And Its Impact On Democracy

The changes proposed in the Bill will set in motion a process that will seriously undermine the separation of powers, the rule of law, and fundamental freedoms. The opportunity for citizens to challenge the executive actions of the President through fundamental rights applications has been removed.

The Centre for Policy Alternatives (CPA) is deeply concerned by the changes proposed by the Twentieth Amendment to the Constitution Bill gazetted on September 2, 2020 and its impact on constitutional democracy in Sri Lanka. CPA notes that the proposed amendment rolls back democratic reforms introduced by the Nineteenth Amendment in 2015 and are a return to unfettered executive power institutionalised by the Eighteenth Amendment introduced in 2010, save the retention of three aspects of the Nineteenth Amendment. We welcome the retention of five-year terms for President and Parliament, the two-term limit on presidential office, and the recognition of the right to information as a fundamental right. However, other changes proposed in the Bill will set in motion a process that will seriously undermine the separation of powers, the rule of law, and fundamental freedoms. CPA has prepared an initial and non-exhaustive comment on the provisions of the Bill in the annexed Table.