Yes, we need a change!

Butwith reforms
Civil Society Proposals for Reforms
Foreword
Today, all people in Sri Lanka are a discriminated and a marginalized population.
They have lost their rights socially, economically as well as politically. The
Countrys rulers are in continuous exploitation of all resources, to accomplish
their comforts. They make the poverty-stricken country to accept the distorted
statistics they provide on individual income. They have gone to the extent of
widening the chasm between haves and have nots. They cheat the people
showing mega developmental plans which are detrimental in many ways. Their
mega developmental projects have thrust the complete nation into debt. These
projects have caused irreparable damage to the natural environment and
countrys resources. Presently, the country is experiencing a great risk due to
these projects.
We are also aware of the innumerable hardships the workers of all fields undergo,
especially, the women whose living standards show a drastic fall. Every struggle to
secure the fundamental human rights are crushed under the iron boots or
increasingly suppressed by manipulating the laws. It is noted that the plantation
workers who toiled for the country for more than 200 years are still in need of
recognition as citizens of this country.
The dangers that the education sector has faced is horrendous. There is a large
number schools being closed. Children discontinue their education due to social
and economic pressures. Facilities for higher education are curtailed
unreasonably. The health sector, too, is a failure. The right to enjoy the health
facilities under the laws, in an equal and reasonable manner, is threatened due to
widened differences in the socio-economic strata, making people to face utter
difficulties.
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Rights of the marginalized communities are threatened as viable interventions are

not, especially, through devolution of power. Issues pertaining to the
marginalized can be reasonably resolved by devolving power, which is hampered
to a great extent by the chauvinist tendencies. Chauvinism has debarred the
inclusivity of all marginalized and displaced communities, thereby hindering the
progress of the whole nation. It is necessary to have a systematic process to
address the issues of the marginalized people, and we see that devolution of
power as a sound process in resolving their grievances. Also such devolution of
power will ensure coexistence of all communities. The Constitution requires a
drastic change to facilitate devolution of power.
The change is a possibility by adhering to the International Conventions on
Human Rights. Upholding the values of good governance and human rights can
cause a change in the socio-economic environment to make everyone to enjoy an
equal status. We as a civil society organization produce these reforms after
listening to the voice of the people at the grass-root level.
During the past 6 months we engaged in diverse fields, conducted seminars and
discussions, and finally, present these core points to effect reforms. The dialogue
we commenced is not concluded yet. This proposal is submitted to support the
effort of the political parties, to create a healthy socio-economic and political
surrounding. We place these proposals before the public and vouch for the
implementation of same.
Constitutional Amendments
To revoke the Executive Presidency.
To devolve power, beyond the periphery of the 13th Amendment, in a meaningful
way.
To establish a strong Parliamentary system.
To make use of the proposed Constitutional Reforms in August 2000, to establish
a new Constitution, representing all communities.
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Good Governance
To ensure that every person is treated equally before the law.
To make necessary amendments to the law to enable the public to access the
data related to earnings and expenses.
To establish independent Commissions to scrutiny the public institutions.
Formation of a Constitutional Board inclusive of members from the civil society
and political parties will ensure the smooth and independent functioning of these
institutions.
Militarization
To avoid placement of servicemen for civil administration. All such appointments
should be made null and void. At times of emergency, all interventions should be
made by the civil administrator in the area.
Revocation of all suppressive laws
All suppressive laws, including the PTA should be revoked.
Those under detention should be either released or Cases against them must be
filed.
All illegal detention camps should be dissolved.
The government is required to furnish all data related to disappearances and if
such data is not furnished, then the government should take responsibility for the
disappearances.
To Respect the Universal Declaration of Human Rights and make New Laws.
The right to live and right to information should be established as fundamental
rights.
Disappearances should be regarded as a criminal act.
The Act to Protect witnesses should be legalized.
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To stop torture, the government should be a partner to all International

Conventions.
Laws should be implemented according to the ICCPR and ICESR laws.

Civil Society Responsibility

It is essential to accept the role played by the Civil Society to protect
human rights. All impediments to the free functioning of the Civil
Society should be removed and the government should extend every
support to the Civil Society to secure Human rights. Also the rights of all
human rights workers should be secured.
Protecting human rights and establishing law and order
The State should consider all disappearances, extrajudicial killings and
torture are savage and criminal acts.
Illegal methods should not be employed to extract information from
the suspects when interrogating on crimes.
To implement the Act against Torture
The cases should not be delayed, and the environment should be
established for the Law Courts, police, Attorney general, Coroner to
expedite matters.
Human Rights Commission Act should be amended and a system should
be made to implement the recommendations therein. A reasonable
fine should be imposed to encourage the victims.
Investigations of the Commission should be expedited.

If a suspect dies or undergo torture while in custody, the responsibility

of such acts should be vested on the Officer in Charge or the
Superintendant of Police in the area.
The Attorney General should act, without delay, on the
recommendations given by the Supreme Court or Human Rights
Commission, regarding torture, and cases must be filed. The cases must
be heard in a short period of time.
To implement reforms in the Attorney Generals department.
Economy
The neo-liberal economy that is based on profit and exploitation should
see an end. Economy should bring social equality. It should secure the
existence of all human beings, other living beings and the earth. Equal
share of the profits should be distributed among everyone.
Health
Health is connected with social, economic and political issues. The
government should take responsibility to resolve issues pertaining to
the health sector. As included in Alma Ata Declaration in 1978, on
universal principles, facilities pertaining to health should be supplied.
These principles should be taken into account when making Health
related policies. There should be public participation in resolving
matters related to health.
To develop Agriculture and fishing
to protect food producers and consumers

To protect land, water and forests to ensure the livelihood of the fisher
folk and farmers. This can be done by managing the natural resources
and handing over the right to continue their livelihoods.
To direct the farmers to engage in cultivation that does not harm the
soil and the environment. In the same manner the fisher folk should be
encouraged to engage in a sustainable fishing industry.
Environmental friendly fishing and agriculture should be promoted to
stop damage to water, soil and environment.
The food production should be according to the fundamental principles
of free choice of food.
Rights of the Small scale farmers, fisher folk and other food producers
should be secured through a fair distribution of resources, and their
right to have a fair price in the market is to be established.
To establish the right for all people to purchase food that is culturally
acceptable, nutritious, protective and fair in price.
To ensure that food production does not harm the existence of natural
resources and their regenerating capacity The developmental plans
should be according to this need and laws and policies should be
amended to fit the fishing and agriculture.
Plantation sector
All rights of the persons in the plantation sector should be recognized.
Documentation related to their identity should be resolved. They
should enjoy equal rights as citizens in the country.

Those live in volatile environmental conditions have the right to live in

suitable lands and houses. They should be provided with land.
Land
There should be a National Land Policy to accept owning land as a right.
The independent Land Commission should be established. When land is
to be acquired for national security, developmental projects and for
human consumption, the existing laws should be adhered to.
Also the laws established by the World Food and Agriculture
Organization should be consulted when making laws pertaining to land.
The use of land and decisions pertaining to such land should be
implemented protecting the rights of the occupants of such land. Also
the regenerating capacity of the land should be secured.
Those who lost their land due to the war should be given land. When
land is taken for Developmental projects, complete consent of the
occupants of such land should be obtained. The acquisitions should
occur according to the International laws and Conventions.
Those without land in the plantation, rural and urban sectors must be
given land and houses. The existing laws should be amended to bestow
such rights on the people.
Women
In all spheres, women must enjoy equal rights. It is necessary to ensure
that all policies should be implemented taking sexuality into
consideration.

To provide equal opportunities for women, as well as men, when

receiving education and training.
At the decision taking level, there should be 50% representation of
women.
Women must have equal status in the services connected with social
security, and special services should be established on the basis of
maternal conditions.
Womans contribution to the production as well as livelihood should be
recognized. They must have equal and fair share on owning property,
participation and distribution of profits.
Workers
The workers rights should be established in line with international
labour laws. Proper working conditions should be ensured.
A Declaration on Labour Rights should be introduced.
Transparency should be established when managing the Employees
Trust Fund.
Environmental
The environmental rights of the people should be established. All
natural resources, inclusive of air, water and soil should be preserved
for the consumption of the future generations. All resources, not only
on land but at sea should be protected.
Transparency should be established when
implementing
developmental plans. The respective communities should participate in
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such planning and their proposals should be taken into account at all
times.
The right to traditional livelihood of those in close proximity to forests
or other natural environment should be secured. There should be
policies and systems formed with proper coordination between public
institutions to formalize such rights.
Power plants should be established in a way to regenerate such power.
The facilities for same should be developed. There should be a policy
with regard to the power usage and proper systematic and efficient
work plan should be established to have regeneration of such power
sources.