The Lanka Academic

 
MARCH 18, 2005 EST, USA
 
A NEWSPAPER PUBLISHED BY LACNET
 
VOL. 5, NO. 346

TLA FEATURE CORNER
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Headline Summary
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“President can be PM without changing the constitution, so why do it illegally?’’ – Choksy
Charles Pathirana in Colombo, March 18 2005 Friday 12.24 pm SLT. Former Constitutional Affairs Minister K. N. Choksy said there is no rationale and a need for the President to go through a much bandied about idea of a Referendum in order to return to Parliament as Prime Minster when “all she has to do is to ask a nominated member to resign – and have an Executive President appoint her as Prime Minister.’’ That is of course assuming that a candidate from her party wins the next Presidential election.

However, asked whether she can decide to go for a non binding referendum on the question whether the Executive Presidency should be abolished, and convene a constituent assembly thereafter to change the constitution if she wins that referendum, he said “using the persuasive power of a non biding referendum as a rationale to convene a constituent assembly is illegal -- as it will interfere with the rights of franchise of the people.’’

“Any act done under powers of a constitution enacted in this way will not have the force of law,’’ he said. However, asked what the opposition can do if things come to such a pass he added “their only recourse will be the courts of law.’’ Asked further whether the courts of law in his opinion will be favourable to the opposition in any judgment that is returned in such an eventuality, he said “on that, you can only consult an astrologer.’’

No amendment to the constitution can be made under article 82 without a 2/3rds majority in Parliament – and a 2/3rds majority and a referendum in certain instances. Therefore any attempt to abolish the Executive Presidency without such a vote in parliament, will contravene the rights of franchise (…for election a President) granted in article 30, and in article 3 of the constitution read with article 4(e) which says that people shall exercise the right of franchise for election of the President of the Republic of Sri Lanka. Asked also whether two questions can be asked in one referendum he said that this can only be done if they are two separate questions for which the people can answer ‘yes’ or ‘no’ separately. Sources say that one possible plan of the government is to have two questions tied together in one referendum to be posed as one question such as ‘’Are you in favour of the abolition of the Executive Presidency and a Federal solution to the North East conflict?’’ According to Mr Choksy such a question will be illegal – unless it is broken into two parts for which the people can separately answer ‘yes’ or ‘no.’
Published: Fri Mar 18 01:34:52 EST 2005


No faith in UPFA government - IUSF
BBC, Fri 18th Mar 09:27GMT. Inter University Students Federation (IUSF) says that they have no faith in the United Peoples Front Alliance (UPFA) government pledge of not privatising higher education.

Addressing a large number of Buddhist monks and youth at the end of a march protesting government moves to reform education, the IUSF convener Duminda Nagomuwa said that the UGC has given permission to the Aquinas institution to award degrees.

He claimed that this decision was taken "even before a year elapsed since the government promised not to privatise universities". More...
Published: Fri Mar 18 04:35:39 EST 2005 Back to the top

Related News Stories
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Lankan students oppose end to free education  - Dawn

Sri Lankan foreign minister urges British tourists to visit
Associated Press, Fri March 18, 2005 10:44 EST . Sri Lanka's foreign minister urged British tourists Friday to return to the tsunami-hit nation and thanked Britain for the aid it had provided.

Sri Lanka was hit hard by the Dec. 26 tsunami, which killed more than 174,000 people in 11 countries. Hundreds of thousands more were displaced and entire communities were washed away.

As part of the relief effort, the British government has offered to pay 10 percent of Sri Lanka's multilateral debts over the next 10 years, an amount estimated at US$80 million (euro60 million).

``This is a huge thing for a developing country,'' Sri Lankan Foreign Minister Lakshman Kadirgamar said during a London visit. ``I am here very positively to thank, on behalf of the president of Sri Lanka and our people, the British government and the people of the U.K. for the immense assistance that they have given us over the tsunami.''

``The spontaneous outpouring of sympathy, grief and generosity is something quite phenomenal,'' he said.

Kadirgamar said the government is working closely with aid groups to ensure all donations are used appropriately.

Auditors have been hired to ensure government money is spent properly, but fraud and embezzlement cases have already appeared in Sri Lanka during the relief effort, the foreign minister said.

``Wherever there is money, there is fraud,'' Kadirgamar said. ``There have been one or two cases of fraud already stamped on in Sri Lanka. We must be accountable all the time.''
Published: Fri Mar 18 11:51:14 EST 2005 Back to the top


United States issues travel warning against Sri Lanka’s East
Munza Mushtaq in Colombo, March 18, 2005, 3.00 p.m.. The United States Embassy today issued a travel warning to its citizens cautioning and urging them to exercise increased caution when travelling or working in the Eastern region of the country... Back to the top

“Recent Muslim slayings; Government responsible,” declares main Muslim ally
Munza Mushtaq in Colombo, March 18, 2005, 1.00 p.m.. The Alliance Government’s main Muslim ally, the National Unity Alliance (NUA) today declared that the Government was responsible for the recent slayings of Muslim civilians in the East which were allegedly carried out by the LTTE... Back to the top

Defence authorities’ instructs police to mete out severe punishment against tsunami pranksters
Munza Mushtaq in Colombo, March 18, 2005, 9.06 a.m.. Defence authorities have issued strict orders to all police stations in the North East instructing the officers in charge of the stations to mete out the strictest punishment upon any individual or group who had been involved in the recent bogus tsunami warnings... Back to the top

Federalism Will Not be Forced on Anybody- Foreign Minister
Bandula Jayasekara in Colombo, LT 10.00 P.M Thursday 17 March 2005. By Bandula Jayasekara in London-Foreign Minister Lakshman Kadirgamar said today that Federalism will not be forced on anybody in Sri Lanka and it must be acceptable by the people of Sri Lanka... Back to the top

Suspected myocarditis in Sri Lanka
who.int, Fri 18th Mar 15:27GMT. The Ministry of Health, Sri Lanka, has reported that suspected cases of myocarditis of unknown aetiology in Badulla and Monaragala districts, Uva province, continue to be detected, although there appears to be a decline in the number of cases recorded in recent weeks... Back to the top

India, Sri Lanka Need $4.22 Billion More Tsunami Aid
bloomberg.com, Fri 18th Mar 09:27GMT. India, Sri Lanka, Indonesia and the Maldives still need $4.2 billion for reconstruction after the December tsunami that killed more than 270,000 people in 12 Indian Ocean countries, the Asian Development Bank said... Back to the top

Asian Development Bank hosts meeting on coordinating tsunami relief, says transparency crucial
Associated Press, Fri March 18, 2005 07:47 EST . OLIVER TEVES: Two former U.S. presidents and the Asian Development Bank's chief told delegates at an international tsunami relief meeting Friday that aid money surging into the region must be handled responsibly and effectively... Back to the top

Sri Lankan deal with Tamil Tigers is near
guardian.co.uk, Fri 18th Mar 09:27GMT. Under pressure from foreign donors, the Sri Lankan government and Tamil Tiger guerrilla leaders are close to signing their first agreement since peace talks stalled 18 months ago... Back to the top

After the tsunami: Latest from Sri Lanka
reliefweb.int, Fri 18th Mar 09:27GMT. Kalmunai is a beautiful fishing town in Ampara district, on the eastern shores of Sri Lanka... Back to the top

Japan, Sri Lanka discuss warning system against tsunami
reliefweb.int, Fri 18th Mar 15:27GMT. A Japanese team of natural hazard management experts called on Sri Lankan President Chandrika Kumaratunga Thursday to discuss the establishment of an early warning system (EWS) for the region... Back to the top

New Zealand's cold climate may prove 'difficult,' Sri Lankan coach says
Associated Press, Fri March 18, 2005 09:37 EST . KRISHAN FRANCIS : New Zealand's current cold spell could give tropical Sri Lankan cricketers ``a difficult time'' as they cope with freezing rain and soft pitch conditions on their tour next month, their coach said Friday... Back to the top

Sri Lanka to make limited-overs tour of India in April
Yahoo, Fri 18th Mar 09:27GMT. Sri Lanka will play five one-day internationals during a hurriedly-arranged tour of India next month, officials said... Back to the top

Sri Lanka name rookie opener for NZ tour
com, Fri 18th Mar 10:27GMT. Untested opening batsman Shanta Kalavitigoda has been picked in a 14-man Sri Lanka team to play two Test matches in New Zealand next month, Sri Lanka Cricket said on Friday... Back to the top

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