SECURE SOCIO-ECONOMIC JUSTICE

AND RIGHTS THROUGH THE NEW

CONSTITUTION! -100 CSOS TELL GOVT
(Selling fish in Negambo fish market, Aug 2016 s.deshapriya)

15/09/2016
Open letter to the Constitutional Assembly on Securing SocioEconomic Justice and Rights through the new Constitution.
13 Sep. 2016
We, the undersigned organisations and individuals, call on all
members of the Constitutional Assembly, and in particular the
Steering Committee, to ensure that the new constitution of Sri
Lanka is underpinned by a substantive recognition of the
obligations of the state to further social and economic justice and
rights.

Firstly, we note that this will be in keeping with the large number
of submissions made in this regard to the Public Representations
Committee on Constitutional Reforms (PRC) from across the
country. This is clearly reflected in the PRCs own extensive
recommendations on social and economic justice, especially those
contained in the reports chapters on the Directive Principles of
State Policy, Fundamental Rights, Public Finance, and Land,
Development and Environment respectively.
Secondly, the new constitution must unequivocally crystallize Sri
Lankas own post-independence history of public provisioning in
areas such as health, education and social welfare. This is central
to ensure more effective safeguarding of basic entitlements and
rights central to freedom, dignity, well-being and human security.
This is also critical in the light of the social, economic and
environmental costs of monetary, fiscal and trade policies that are
widening inequality and precariousness, sharpening regional
imbalances, and weakening social policy; processes that have
been aggravated by the war as well as post-war approaches to
reconstruction and development.
Thirdly, we stress that the constitution must a) place obligations
on the state to ensure distributive justice through inclusive,
equitable, regionally balanced and sustainable development and
b) provide recourse to citizens to claim and enforce their rights in
regard to these obligations. This is in keeping with the letter and
spirit of Sri Lanka being not only a democratic but also a socialist
republic. Moreover, this is also in keeping with Sri Lankas
obligations as a state party to the International Covenant on
Economic Social and Cultural Rightsunder which it must take
deliberate and concrete steps towards meeting its obligationsas
well as its commitments to goals under the 2030 Agenda for
Sustainable Development.

Fourthly, we call on the Constitutional Assembly to ensure that

through their recognition in the Bill of Rights or as Fundamental
Rights, the constitution enables the judicial enforcement of
economic and social rights with respect to: education, health,
food, water, adequate housing, social security, a living wage,
decent and safe work, freedom from forced evictions, and a safe,
clean and healthy environment. A Bill of Rights or a Fundamental
Rights chapter that only recognises civil and political freedoms
not only undermines the indivisible and interdependent nature of
rights and entitlements but also seriously imperils the well-being
and security of a large section of the countrys population.
We also underline that there is no evidence suggesting that
judicial enforceability of economic and social rights inevitably
leads to excessive judicial encroachment on policy or
unreasonable constraints on the Executives or Legislatures
power to allocate and expend resources. On the contrary, it can
and does lead to greater accountability and checks and balances
on the objects and outcomes of social and economic policy.
Fifthly, we stress that a constitution that fails to address
deprivation, distributive injustice and inequality between and
across the peoples of Sri Lanka and its different regions will not
secure the foundations of justice or peace but sow the seeds of
future conflict. A constitutional order that formalizes a polity of
contradictions in which political equality sits alongside social and
economic inequality will eventually threaten the structure of
political democracy itself. The Constitutional Assembly and the
Steering Committee are duty-bound to guard against this by
ensuring a constitution that guarantees civil, political, economic
and social justice for all.
We note, finally, that an expectation reiterated time and again
during an inclusive and participatory PRC process was that the

new constitution would result in a fresh social contract between

citizens and the state. As is clear from PRCs report, central to this
expectation is the enshrining of social and economic justice and
rights, which are judicially enforceable, within the constitution. A
failure to do so will amount to a betrayal not only of this
expectation but also of the PRC process itself.
Indeed, we note with grave concern that the current post-PRC
phase of the constitutional reform process has been very nontransparent, whether with respect to the working of the Steering
Committee, the six Sub-Committees, and the Panel of Experts or
the overall time frame and process. Contrary to articles 4 and 11
of the resolution that converted Parliament into the Constitutional
Assembly, no meaningful attempt has been made to
institutionalise transparency and disseminate or broadcast such
information to the public.
The lack of transparency is almost certain to have adverse
consequences for the rights and interests of those on the
socio-economic margins of the polity. We therefore call on
the Constitutional Assembly and the Steering Committee
to also take immediate measures to ensure fullest levels
transparency in the process. This includes rendering all
submissions, reports and official record of deliberations
public and ensuring that sufficient time is set aside for
meaningful public scrutiny and discussion of the draft
constitution thus produced.
Endorsed (as of 13 Sep. 2016) by 99 organisations country wide
including social movements, trade unions, and organisations
working to protect the rights of women, minorities, farmers,
fishers, workers, teachers, persons with disabilities, sexual
minorities, and the environment. It has also been endorsed by 83
individuals including academics, scholars, lawyers, teachers,

social activists, writers, human rights defenders, journalists, and

professionals from various backgrounds.
For more information please contact Sandun Thudugala
(sthudugala1980@gmail.com; 0773727271)
List of organisations and individuals who have endorsed the
statement as on date
Organizations
1. Ampara District Organic Farmers Society
2. Ape Shakthi Womens Organization, Polonnaruwa
3. Arthacharya Foundation, Galle
4. Batticaloa District Fisheries Solidarity Organization
5. Bio Diversity Research and Information Training Centre, Badulla
6. Centre for Environmental Justice (CEJ)
7. Centre for Human Rights and Community Development
(CHRCD), Kurunegala
8. Centre for Society and Religion (CSR)
9. Centre for Womens Research (CENWOR)
10. Ceylon Federation of Trade Unions (CFTU)
11. Ceylon Teachers Union (CTU)
12. Ceylon Workers Red Flag Union
13. Commercial and Industrial Workers Union (CIWU)
14. Dehena Participatory Foundation, Kandy
15. Devasarana Development Centre, Kurunegala
16. Diakonia
17. Digili United Farmers Organization, Matara
18. District Fisheries solidarity organization, Addalachenai,
Ampara
19. Domestic Workers Union
20. Ekabaddha Praja Sanwardhana Kantha Maha Sangamaya ,
Ratnapura
21. Environment Conservation Trust (ECT)
22. Environmental and Community Development Information
Centre, Rathnapura

23. Equal Ground

24. Food First Information and Action Network (FIAN) Sri Lanka
Chapter
25. Friends of the Earth, Sri Lanka
26. Future in Our Hands Development Fund, Badulla
27. Grameeya Swashakthi Athwela Organization, Galle
28. Grassroots Training Institute, Kegalle
29. Indigenous Seeds and Environmental Farmer Organization,
Anuradhapura
30. Isuru Jeewithodaya Foundation, Nuwaraeliya
31. Jaffna District Fisheries Solidarity Organization, Jaffna
32. Jana Vijaya Environmental Farmer Foundation, Rathnapura
33. Janawaboda Kendraya
34. Janothsa Development Foundation, Rathnapura
35. Kalewani Farmer Organization, Batticaloa
36. Kalutara District Fisheries Solidarity Organization, Beruwala
37. Kandurata Environmental Development Forum, Kandy
38. Kandurata Womens Foundation Kandy
39. Kilinochchi District Fisheries Solidarity organization, Poonagari
40. Law and Society Trust
41. Manawa Praboda Foundation, Anuradhapura
42. Mannar District Fisheries Solidarity organization, Mannar
43. Mannar Womens development Federation
44. Miridiya organization, Polonnaruwa
45. Motivation Sri Lanka
46. Movement for Land and Agricultural Reform (MONLAR)
47. Movement for the Defense of Democratic Rights
48. National Association of Trade Union Research and Education
(NATURE)
49. National Fisheries Solidarity Organization (NAFSO)
50. National Front for Good Governance (NFGG)
51. Negombo Lagoon Fisher Peoples organization, Negombo
52. NGO Consortium, Batticaloa
53. Nikasala Community Organization, Anuradhapura
54. Oxfam
55. Pahala Uva Community Development Institute, Monaragala

56. Pahatharata Community Organization Forum, Matara

57. Passara Citizens Forum, Badulla
58. Peasant Information Centre, Kurunegala
59. People to People Dialogue on Peace and Sustainable
development, Negombo
60. Peoples Movement for Community Awareness, Vavuniya
61. Plantation Community Development Forum, Badulla
62. Plantation Social Development Institute, Nuwaraeliya
63. Praja Abilasha Land rights Network, Negombo.
64. Praja Sahayogitha Sanvidanaya, Polpithigama, Kurunegala
65. Praja Shakthi Development organization, Karuwalagaswewa,
66. Program for Womens Economic Social Cultural Rights
(PWESCR)
67. Progressive Farmers Assembly, Polonnaruwa
68. Puttalam District Fisheries Solidarity Organization, Thoduwawa
69. Red Flag Womens Movement
70. Rural Womens Front, Galle
71. Rural Workers Organization, Urumpirai
72. Samadanam, Kandy
73. Savisthri
74. Senarathgama Environmental Farmer Organization, Kandy
75. Shramabhimani Kendraya, Negombo
76. Siriliya Women Farmer organization, Mahiyanganaya
77. Small Farmers Organic Produce Production and Collection
Society, Kandy
78. Southern Fisheries Organization, Galle
79. Southern Fisheries Organization, Matara
80. Sri Lanka Nature Group (SLNG)
81. Sri Vimukthi Fisher Women Organization, Negombo
82. Suriya Womens Development Centre Batticaloa
83. Suwashakthi Sanwardana Parshadaya, Mahiyanganaya
84. Swami Nadaraja Nandaji Child Rehabilitation Centre,
Batticaloa
85. Tissa Jaya Child Welfare Foundation, Kandy
86. Trincomalee district fisheries solidarity organization
87. United Farmer Federation, Anuradhpura

88.
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United Federation of Labour

United General Employees Union
Uva Community Development Centre (UCDC)
Uva Paranagama Suwashakthi Parshadaya, Badulla
Uva Rural Development Foundation, Monaragala
Uva Wellassa Womens Organization, Badulla
Vishwa Shakthi Sanasa Organization, Nuwaraeliya
Womens Resource Centre, Kurunegala
Womens Rural Development Society, Ampara
Womens Action Network
Womens Coalition for Disaster Management Batticaloa
Womens Development Centre, Kandy

Individuals
1. Ahilan Kadirgamar
2. Ajanee Casinadar
3. Ananda Galappatti
4. Anuratha Rajaratnam
5. Athula Samarakoon
6. Athula Kumara
7. Balachandran Gowthaman
8. Balasingham Skanthakumar
9. Bishop Duleep de Chickera
10. Buddhima Padmasiri
11. Chandra Jayaratne
12. Chulani Kodikara
13. Dr Danesh Karunanayake
14. Deanne Uyangoda
15. Dhanushka Rajaratnam
16. Dileepa Witharana
17. Dr. Dinesha Samararatne
18. Dinushika Dissanayake
19. Elangeswary Arunasalam
20. Ermiza Tegal
21. Gamini Kulatunga
22. Halik Azeez
23. Hans Billimoria

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Dr. Harini Amarasuriya

Dr. Harshana Rambukwella
Harean Hettiarachchi
Herman Kumara
Hilmy Ahamed
Dr. Jayadeva Uyangoda
Jayantha Dhanapala
Jeyashanthini Winifred
Kalyani Suntharalingam
Karthiyayini Sathiyaseelan
Kayathri Thangarajah
Krishantha Fredricks
Kumudini Samuel
Dr. Kumudu Kusum Kumara
Lakshman Gunasekara
Dr. Liyanage Amarakeerthi
Madhava Meegaskumbura
Mahalaxumi Kurushanthan
Mahinda Hattaka
Marisa De Silva
Mirak Raheem
Muhammed Muzzammil Cader
Dr. Muttukrishna Sarvananthan
Nalini Ratnarajah
Dr. Nimalka Fernando
Dr. Nirmal Ranjith Dewasiri
Padmini Weerasooriya
Pavithra Kailasapathy
Dr. Pradeep Peiris
Prabhath Jayasinghe
Primal Fernando
Rajaletchumi Kandiah
Dr. Rajan Hoole
Rashmini de Silva
Prof. Rohan Fernando
Ruki Fernando

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Dr. Dr Ruvan Weerasinghe

S. Arivalzahan
S.C.C.Elankovan
Sanjeeva Mathripala
Sarala Emmanuel
Dr. Sepali Kottegoda
Setheeswary Yogathas
Shenali De Silva
Shreen Abdul Saroor
Silma Ahamed
Dr. Sitralega Maunaguru
Stella Phillips
Prof. Sumathy Sivamohan
T.M. Premawardhana
Tehani Ariyaratne
Thyagi Ruwanpathirana
Upul Kumarapperuma
Dr. Vagisha Gunasekara
Velayudan Jeyachithra
Vernusri Puvanedran
Viola Perera
Wasanthakala Piradeepan
Zahabia Adamaly
Zainab Ibrahim

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