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Enigmatic Journal by Yoeman is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Social media as the engine of revolution

The concept of social media started when humans begin to communicate. They express their ideas in cave paintings and ancient stone scripts.

The Plight of Modern Family; Gender Equality and contemporary changes

The human society is comprised of men and women. The society has given specific roles based on the gender which has now changed dramatically.

Sri Lankan Education System Needs an Overhaul

Education is a basic need for a human being. The right to education is recognized in the Universal Declaration of Human Rights. We get education until we die.

Climate Change and the Future of Mankind

Since the beginning of mankind, humans tried to master the environment around them. Now thousands of years later in the 21st century it seems that the humans have finally conquered the Mother Nature

Online Life; Is it safe?

Information and communication technology helps man to connect to one another in every aspect of life today from financial transactions to meeting friends. This interlinked world may appear to be fast and convenient but have we ever wondered whether our privacy and safety is ensured in it?

Wednesday, April 29, 2015

The Poor Little 19th Amendment !!!


The 19th amendment to the constitution is now debated in the parliament of Sri Lanka. At time of preparing this article it has passed the reading for the second time and at the stage of the committee debates on the changes to it. Anyway, the final outcome is still not visible. One thing is for sure; 
never before an amendment to the constitution has received public attention than the 19th amendment. while the pro and against parties engaged in bitter struggle to consolidate their views and they are willing to go to the extent of mass protests and ‘sathyagrahas’ it is better for a citizen of Sri Lanka to go into detail of the 19th amendment and analyze what the underlying principles of this amendment.

The amendment was brought to fulfill an election promise on curbing the powers of executive presidency and bringing independent councils. Although initially the president Sirisena lobbied for complete abolition of executive presidency later his stance was changed to removing large powers from that post. Important Sections of the amendment are briefly listed below

Article number
What shall be delivered
2
Right to information as a fundamental right
3
Reduction of presidential term to 5 years
4
Limiting the number of times for election for presidency to 2
5
Presidential duties are listed. President is considered as a symbol of national unity
6
President’s responsibility towards parliament. but how to enforce if president has breached his responsibility is not listed here. It should be only through the impossible impeachment process
7
Changes to presidential immunity. Although he cannot be brought to court, his conduct can be questioned on suing attorney general. This can be used to build a public opinion against a president who is violating his duties
10
A new chapter is added on constitutional council who gives advices on how to appoint people for important positions and the president deemed to follow it.
41A(6) – the president is compelled to make appointments to the constitutional council. If he failed to do so the council members shall be deemed to be appointed. This removed the problem in the 17th amendment.
11
Changes to the executive.
42(3) – the PM is head of the cabinet
43(1) determination of ministerial positions by PM
44 – non cabinet ministers,
46 – limiting the cabinet to 30 and other ministerial positions to 40
12
Public service commission
16
Appointing AG and IGP shall be done on the recommendations of the constitutional council
17
Limiting the parliament to 5 years
20
Every bill shall be given 14 days for the public to protest. The word every bill shall include emergency bill is questionable
21
President is prevented from going to a referendum for bills that are rejected by parliament.
23
Minimum age for contesting for presidency is 35 years
25
Election commission
26
Election commissioner’s power to control media organizations both state and private  

The Supreme Court has determined that some provisions need not only the 2/3 majority but also people’s consent by referendum. Those sections are
Section 11 – 42(3), 43(1), 43(3), 44(2), 44(3), 44(5) and
Section 26 – 104B and 104(5)c changes to articles.

On the basis of these changes are contrary to the executive power of the president which is defined in article 4 which is deemed to be read with article 3 which is and entrenched provision in article 83 requiring both the super majority and referendum consent. Prime minister Wicramasinghe wanted to somehow pass the 19th amendment so he decided to pass it on by removing the above provisions.

When the bill is put up for debated again the political party members divided them up for battle. Some wanted more and more changes to this. Composition of the constitutional council is one of such. The government agreed to grant 7 parliamentarians with 3 non-MPs to be appointed to it. It seems that they have resolved all the disputes and came to an agreement to somehow pass this on. Only one vote opposing to it has been casted in its second time reading. After third reading is passed once it ratified by the speaker, the 19th amendment shall be officially operational.

Overall the progress on the new regime is extremely commendable given that 4 months before none of these have a mere change of passing let alone conceiving in someone’s mind.  But in the drama following the inception of this amendment, the hypocrisy of the politicians and activists, the greed for power and the reluctance to give away their powers is compellingly clear in Sri Lankan politics.  Everyone needs their share in this new amendment. Some wanted this dead on it tracks. Politicians are never going to change. Our people shall always appoint those without remorse next time also.

On the 8th of January, the people had not expected a mere change of a regime but a change of this present vicious system. They've even sacrificed the political stability (under which people have some sort of security) for a better future and a better, more civilized political system. They can shed tears of joy.

It is pretty sure that the joy of the 19th amendment is temporary. There are serious questions about its affectivity on curbing the powers of the president. President’s powers are not limited, he still the head of the government. Only silver line is that independent commissions. Believe me, the pessimism will surely come. There is a strong possibility that the 19th amendment being just a carbon copy of 17th amendment and even its operation be neglected by the successive governments.   


We have a long way to go in making a civilized political society in Sri Lanka. This amendment is just a one small step for politicians which should become one giant leap for the politically civilized society. We need another amendment to change the electoral system and probably a brand new constitution as well. As I always say we can’t celebrate this because threats are looming everywhere. Brace yourself for impact; expect disappointments along the way. My friend, we have long long way to go…

Thursday, April 16, 2015

New Year; New Beginning? (Sinhala and Tamil New Year Special)



Sinhala and Tamil New Year have arrived. The whole country is in a festive mood despite of the economic decline and political instability. People are celebrating the New Year with enthusiasm optimism never seen before. Indeed a lot have changed since last year, but is this all worth the celebration?

What is a New Year? I believe that it is just an astrological phenomenon in which changes to the celestial cycles happen. Those cycles kept changing even before the emergence of the mankind. It is the man who had interpreted the natural events according to his belief. Almost all of the civilizations regardless of the geographical boundaries have cultural events resembling the Sinhala-Tamil New Year Festival. The main characteristic of any such festival is the celebration of the upcoming year. The time for that year can vary thus making difference in calendars.

People have divided the time into cycles, a considerable amount of time in which the changes in the environment happens. It can be seasonal changes where four seasons rotate or changes in the rain patterns. In Sri Lanka, it is mainly based on the agricultural seasons. When the paddy cultivating season is over, people have nothing to do besides enjoying the harvest. Cultural development intervened and mixed with religious beliefs making the present New Year festival.

Everything connected with New Year is about a new beginning, setting aside old possessions and acquiring new.  Although material can be set aside, what about our thoughts? It is correct to say that our thoughts change rapidly but some remains with us for a long time buried in to our mind like scares. All the heartbreaks, sorrows and demeaning thoughts can never be erased easily. If our house gets untidy, it can be cleaned for the coming of the New Year. Most of us have a habit of doing so. It is applicable for our thoughts also? I hardly agree with it.

Human mind is hardwired in the way that only the unpleasant experiences remain in the mind. Our insecurities, rejections and helplessness remain as the constant companion with us reminding us although how strong we are from the outside, we are prone to shattering. It acts like a safety mechanism preventing us from dangerous situations.

Setting old thoughts and moving on is very hard if not impossible.  Anyway a New Year is not a new beginning at all, it is just an indication of a continuous time period spanning unknown to eternity. People only allocate chunks of that vast time period for their living and further make cycles of time and call them the fancy word ‘Year’.


I’ve written this short submission not to discourage anyone or not to make anyone pessimistic but to make everyone understand that the mental baggage cannot be easily set aside and if anyone thinks the New Year as a portal for a complete transformation physically and mentally, he is utterly mistaken. Thoughts remain the same and people remain as they are with all the feelings. Only time will make the long-term difference even that is highly questionable so let’s not fall in to the pessimistic or optimistic bandwagon but think realistically.