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TISL Presents 12 Proposals to Constitutional Reforms Committee

TISL made a verbal presentation to the Public Representation Committee on Constitutional Reforms and presented 12 proposals on the 04th March 2016. TISL is to hand over its written submissions within two weeks.

One of the proposals is to amend the composition of the Constitutional Council by having more civil society representations to make it more independent. At present the Constitutional Council consists of seven Members of Parliament and only three representatives from the civil society.

“This composition is inadequate to maintain the independence of the Council as by its very composition it is predisposed to politicization. It is proposed that political representation is minimized to no more than four Members of Parliament and that the independence of the Constitutional Council is ensured by a majority civil society representation” said Asoka Obeysekara Executive Director of the TISL.

He further said as one of the leading organizations working on governance issues, both nationally and regionally, TISL has a sound understanding of citizen’s concerns and priorities in terms of governance and the structural changes required for a stronger integrity system. “The recommendations proposed have been developed in consultation with TISL’s core stakeholders taking into consideration the wealth of knowledge and experience accumulated by TISL since its inception” he said.

TISL also suggested that the Commission to Investigate Bribery and Corruption (CIABOC) to probe instances of bribery and corruption in the private sector as well.

Following are the other proposals handed over to the committee by TISL.

Recommendation 3: The grievance redress mechanism of the Right to Information (RTI) framework to be established within the Right to Information Commission
• No. 12. Constitutional Council and Independent Commissions

Recommendation 4: Implementing a Mixed Member Proportional electoral system, with a dual ballot paper
• No. 14. Electoral reforms

Recommendation 5: Introducing a fixed election calendar
• No. 14. Electoral reforms

Recommendation 6: Prohibiting crossovers
• No.5. Legislature (unicameral / bicameral)

Recommendation 7: Prescribing detailed procedures for the removal of judges
• No.8. Independence of the Judiciary and the Courts Structure

Recommendation 8: Allowing for post enactment judicial review
• No. 15. Judicial review of legislation

Recommendation 9: Executive to be outside of the Legislature (assuming EP)
• No. 16. Powers of President under Parliamentary system

Recommendation 10: Enshrining the supremacy of the Constitution
• No. 6. Supremacy of Constitution of Parliament

Recommendation 11: Recognition of the Right to Information
• No. 4. Citizenship, religion, fundamental rights and duties, language rights, individual and group rights, directive principles on State policy.

Recommendation 12: Upholding Gender quality
• No. 4. Citizenship, religion, fundamental rights and duties, language rights, individual and group rights, directive principles on State policy.

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