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by S. Jeganayagam

The new Government has given priority to the resolution of the ethnic conflict. Underlying the resolution of the conflict is the formulation of a new constitution which centres primarily around the question of power. The essence of the new constitutional framework appears to consist of the transfer of power of a substantial degree from the centre to the regions.

The politics of power is one thing and civil administration is another. The game of power politics is over. What has to be done now is to ensure that civil administration is restored in full measure to all areas of the North and East so as to bring these areas within the ambit of the democratic framework, whilst restoring meaningful autonomy to these regions.

The people of these areas must feel free and at liberty to live their lives in the best manner they choose as citizens of Sri Lanka.

Catchword

Freedom is the catchword and without freedom life has no meaning. Freedom for the individual is the highest political and social ideal and is the prime condition for progress. To secure this freedom for all citizens of Sri Lanka should be the main objective of the new constitution. With freedom comes equality and dignity so very essential for a peaceful Sri Lanka.

Thomas Paine who wrote the classic "Rights of Man" by way of reply to Edmund Burke's "Revolution in France" states "Government is not a trade which any man or body of men has a right to set up and exercise for his own emolument, but is altogether a trust, in right of those by whom that trust is delegated and by whom that trust is delegated and by whom it is always resumable. It has of it self no rights, they are altogether duties."

Property

"A constitution is the property of a nation and not of those who exercise the government. A nation can have no interest in being wrong."

"Government is nothing more than a national association and the object of this association is the good of all. Every man wishes to pursue his occupation and to enjoy the fruits of his labours and the produce of his prosperity in peace and in safety. When these things are established all the objects for which government ought to be established are answered".

It may be observed that the essence of constitution making is that the makers must be prepared to judge each question as it arises in cold reason with objectivity and intellectual integrity. When so done the resultant determination will ensure justice to all communities.

Testament

A constitution is not a mere legal document. It is the testament of the will and faith of a people, who want nothing more than freedom, equality, justice and dignity.

The constitution makers of the day may derive some guidance and inspiration from the Declaration of Independence written by Thomas Jefferson and adopted by the people of America on 4th July 1776 as the declaration of the rights of Man.

It reads thus in part:-

"We hold these truths to be self-evident that all men are created equal and they are endowed by their creator with certain, inalienable rights that among these are Life, Liberty and the pursuit of happiness.

Jefferson went on to say, "That to secure these rights, governments are constituted among men deriving their just powers from the consent of the governed."

Creator

"Men do not acquire rights from the government. Man gets his rights from the creator. They come to him because of the divine spark in every human being." (Quoted from "The Anatomy of Liberty by William Douglas, Judge of the Supreme Court of America).

This then is the credo of the free world of which Sri Lanka must find its rightful place. Towards this end, then let the nation embark remembering at all times that man needs the guiding hand of the creator to achieve justice, freedom, equality and liberty. Towards this end let the nation march.

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