19th A is my legitimate, abused child: Sirisena

• President compares 19th Amendment to a child birthed by him
• But says it has not served the purpose of improved governance
• Rejects explanations given by CC for denying promotions to judges   
• Charges CC is overstepping its mandate
• Insists CC and independent commissions have taken wrong turn
• Recalls he voluntarily gave up powers to clear path for 19th A
  
   

By Ashwin Hemmathagama – Our Lobby Correspondent

Taking his battle with the Constitutional Council for rejecting the promotion of 14 judges up a notch, President Maithripala Sirisena yesterday challenged the legitimacy of the 19th Amendment and the purposes it was passed for in Parliament in April 2015, describing it as a “legitimate child that has been abused.”

Referring to the 19th Amendment as his child, the President blasted the Government and the Constitutional Council along with the members of independent Committees for allegedly failing to uphold its purpose for the betterment of the people. “The 19th Amendment is a child I brought to this world. A legitimate child. I had many expectations for this child for better governance. But this legitimate child was born differently abled. But it is sad to say that my legitimate child has been raped. I have reasons to prove it,” said President Sirisena.

Listing his concerns, Sirisena went on to say that his statements in Parliament were interpreted to give the wrong impression to the public. “A recent statement I made with regards to the independent Commissions was taken up in this House, at various press conferences, forums and stages. The Prime Minister has replied on a few occasions, and the Speaker has sent me his reply in writing on the following day. Some lawmakers who took part in the debate gave a wrong interpretation to my understanding of this matter, leading them to criticise me. I reject all explanations you have given. But some take efforts to give a wrong picture to the country by overturning the issue. I am not a Member of Parliament, but address this House making use of the Constitutional provisions available for the President to address it,” he said.

However, Sirisena agrees with the Constitutional Council’s nominations for the appointment of judges to the Supreme Court and the Court of Appeal. “The Constitutional Council has rejected 14 judges their promotion. I have presented some names three times to ensure their grievances are heard. The Constitutional Council should inform the reasons for the refusal of the promotion to the respective judges working in different courts,” said President.

Explaining the background to establish the 19th Amendment, Sirisena reminded the United National Party (UNP) lawmakers of the joint efforts put in for the January 2015 Presidential Election to topple the corrupt Rajapaksa regime.

“A political manifesto was agreed and signed by the participants in January 2015 to face the Presidential Election with a Common Candidate. Many of the Government MPs and some in the Opposition lawmakers will remember that 49 civil society organisations signed that at the Viharamahadevi Park. It was an international document prepared based on the good governance principles of the United Nations. The 19th Amendment was a promise we gave. Until the August 2015 General Elections, there were 142 seats for the United Peoples Freedom Alliance (UPFA) that includes the Sri Lanka Freedom Party. Unless mistaken, the United National Party had only 41 or 47 seats in Parliament, despite Ranil Wickremesinghe being appointed Prime Minister,” he said.

According to Sirisena, the responsibility of the Constitutional Assembly is clearly given in the 19th Amendment, but it has failed to follow them. “We should realign the Constitutional Council and the independent Commissions that have taken a wrong route. As a result the dangerous criminals, now in custody but still difficult to control, get the mercy of the Human Rights Commission compared to millions of other Sri Lankans. It is a question whether the Human Rights Commission appears for the rights of the wrongdoers. None of those human rights apply on criminals in other countries and in their prisons,” he charged.

Bringing in the concept of donation practiced in all religions, Sirisena held that he could be the only person to give up power for lesser authority. “After I was appointed President and was awarded the Chairmanship of the Sri Lanka Freedom Party, we had no difference in the Parliament be it the Government or the Opposition. We received the majority to work as the new Government. All parties supported the Government, and as a result we were able to pass the 19th Amendment with 215 voting in favour. The 19th Amendment curtailed the limitless powers of the Executive President for the first time in history. I have donated food, clothes, money, and blood during my youth. I gave up these powers as part of the worldly principle of donation. Could be the first time in the world to give up powers. This was my contribution to this Government,” said President Sirisena.