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Confrontation inhibits the emergence of sensible solutions - Prof. G.L. Peiris

Minister of Enterprise Development, Industrial Policy and Investment Promotion Minister of Constitutional Affairs Prof. G.L. Peiris acknowledged the document presented to him on the SAARC Charter on Social and Economic Rights. He commended some of its features, its regional content and character, social and economic rights, the threefold classifications incorporating inputs of various organisations and individuals.

The Minister commented on some elements incorporated in the Charter with reference made to considerations on public policy. He remarked that the focus on women and children is entirely appropriate,and expressed the appreciation of the government on the role played in this regard by the UN system, especially the vigorous involvement of UNICEF, UNDP, in regaining Sri Lanka.

Also commenting on some of the policy issues that emanate from the document prepared, on safeguards to be incorporated into written instruments to which the government is giving serious thought.

Certain fiscal responsibilities like incorporating into the law certain fixed norms have been intensely debated upon in Parliament.

The importance of identifying the areas that need to be concentrated upon in the national interest, judicial intervention, legal aid, informal forms of dispute resolution such as the Ombudsman, investigative journalism with approach to contemporary issues, etc., were briefly explained by the Minister.

The importance of actual implementation on the ground in order to avoid a deep sense of skepticism that it would attract, as it would raise expectations to a high level and complete failure of delivery would bring immense harm, was also highlighted by the Minister.

The Minister said that laws of most SAARC countries are inadequate and is insufficient to protect confidentially in respect of sources of information.

He referred to the Whistle Blower doctrine developed by the Supreme Court of the USA and also to the former Chief Justice of India Justice Bhagwathi who has done yeomen service to the jurisprudence of South Asia by developing the concept of public interest litigation, which is important in order to achieve the objectives as listed out in the charter.

It is important that we get away from the tradition of confrontational attitudes. This is a phenomenon which inhibits the emergence of sensible solutions to the problems we see in South Asia, Prof. Peiris said. The Prime Minister is making a very determined effort to try to inculcate a different political culture towards strengthening the other mechanisms which hopefully would make a difference. Equally important is the integrity of public institutions such as the Bribery Commission, Elections Commission, Human Rights Commission, the idea is to take these away from the arena of political conflict. Ensure participation by civil society by making provision for civil society to be adequately consulted before formulation of public policy.

"The government of Sri Lanka and the LTTE is trying to develop a brand new constitution. We have taken the first steps to form a Constitutional Commission, which will go to every part of Sri Lanka to consult opinion and ensure the active participation of the civil society before a formulation of constitution. Power sharing involves empowerment of local communities. In this the local government is very important", the Minister said.

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