It is a moment of great hope and some fear in Sri Lanka. As it takes the
first step towards drafting a new Constitution, there is renewed hope
that the island nation will be able to reinvent itself as a modern
state, one that brings economic prosperity and national unity. At the
same time, it is also difficult to ignore the fear that yet another
opportunity presented by history may fail owing to political opposition,
ethnic extremism and an entrenched, if not systemic, resistance to
change. President Maithripala Sirisena’s address to Parliament on the
occasion of the tabling of a motion to create a Constitutional Assembly
was bold in its invocation of past failures. His candid reference to
the failure to implement past agreements as the origin of the protracted
civil war showed deep understanding of his country’s situation. Laced
with justified apprehensions about the likely impediments, Mr. Sirisena
has warned his countrymen against attempts to raise the bogey of external pressure
and an alleged threat to the special status of Buddhism in Sri Lanka.
He is aware of the presence of extremists on both sides of the ethnic
divide. He has asserted that a constitutional solution will be
indigenous. The process of constituting the entire membership of the
current Parliament as a Constitutional Assembly has begun. A steering
committee will be tasked with drafting a new Constitution while inputs
from outside the parliamentary structure will be in the form of a
‘Public Representation Commission’.
For those familiar with the peace and reform processes
of the last quarter century, it may appear that all talk of national
unity and a non-discriminatory system is not new. It is a measure of how
much the events of the recent years had turned the clock back on the
discourse to resolve the national question that each time an incumbent
President or Prime Minister spells out a new vision, it is accompanied
by new hopes and fears. The broad contours of an alternative
constitutional framework are known. To many, it lies in abolishing the
executive presidency and reforming the electoral system. In recent
years, promoting good governance by strengthening democratic
institutions, a comprehensive rights regime and substantive
power-sharing arrangements involving all ethnic minorities have been
understood to be necessary elements. The path is clear, and the pitfalls
are known. The process may be long and the effort to secure a
two-thirds majority in the Assembly, followed by a similar special
majority in Parliament and approval in a referendum, will require
political will and hard work. The emergence of a new order since 2015
under President Sirisena and Prime Minister Wickremesinghe provides a
setting conducive for positive change, after the first few years in the
post-conflict phase were lost in triumphalist and nationalistic
rhetoric. It is a historic opportunity for all stake-holders, including
Tamils, Muslims and plantation Tamils, to participate in the process. It
is time all sides left their nationalist rhetoric of the past behind.
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