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Rethinking on defence reforms necessary
A roundtable discussion to review the first stage of recommendations presented by the Defence Reforms Committee has raised concern about possible implications of the proposals on the Constitution, which if not reconsidered, can fall flat like the 19th Amendment.

According to Defence Secretary Austin Fernando, the Defence Reforms Committee (DFC) is reconsidering some of the recommendations that could have constitutional implications.

Mr. Rohan Edrisinha who made a presentation on the legal implications of the DRC recommendations said that the Committee may have to revamp it, taking into account the reality of the Supreme Court's judgment on the 19th Amendment . He urged the DRC to exercise caution in respect of some of the constitutional implications of the programme.

"The Supreme Court judgment is very significant and we need to scrutinise it, in that it has strengthened the powers of the President. It was a very clever judgment" he said.

Elaborating further on the subject he said that if the defence reforms are considered as permanent legislation and do not have any constitutional implications, they can be passed with a simple majority. If they are inconsistent with some of the general provisions of the Constitution they will need a two-thirds majority in Parliament and if they are inconsistent with some of the specially entrenched constitutional provisions, they will not only require a two thirds majority in Parliament, but also the approval of the people at a referendum.

With the time till December 5 ticking away and the present stability of the government, questions were raised about the viability of gaining a two-thirds majority in Parliament.

"We are introducing this reform at a time when the government is struggling to maintain a simple majority in Parliament - that is the political context in which these reforms are being contemplated," Mr. Edrisinha said. However, he said, the government was being extremely careful, that the 'extremely unfortunate' situation that arose with respect to the 19th Amendment is not repeated.

"For better or for worse, the present Constitution gives enormous powers to the President in the area of defence. The crucial section is Article 4b of the Constitution, which says the executive power of the people including the defence of Sri Lanka is vested with the President," Mr. Edrisinha said, adding that the Supreme Court judgment further strengthened the power of the President.

He reiterated that the members of the DRC look at the judgment of the Supreme Court on the issue of the 19th Amendment.He said after this judgment he was of the opinion that it will be more difficult to introduce anything, which affects even marginally, the executive powers of the President.

Other areas that were discussed at the review meeting held on Thursday at the Hotel Lanka Oberoi included civil society engagement and governance and security.
Mr. Phil Wilkinson of the International Policy Institute, Kings College, University of

London who has been involved in providing advice on defence transformation in many countries spoke on the role of civil society. He encouraged the need to be transparent and involve civil society in the review process.

The Defence Reforms Committee was established to undertake a comprehensive review of the defence establishment and the armed forces. The DRC, headed by Mr. Austin Fernando includes Treasury Secretary Charitha Ratwatte, a former Army Commander, Lt. Gen. Denis Perera, and Major General Asoka Jayawardhana.

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