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Last updated: 12 September, 2010 - Published 12:00 GMT
 
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Amendment 18 'undermines' democracy
 
US State Department
The amendment 'weakens checks and balances and thus undermines the principles of constitutional democracy,' says the US
The United States says that the latest amendment to Sri Lanka constitution which was passed with a huge majority by the Sri Lanka parliament has undermined the democracy in the island nation.

The amendment removed the two-term limit for executive president and paved the way for the president to contest elections as many times he or she wishes.

It also abolished the Constitutional Council (CC) established under the 17 amendment as an attempt to check and balance the sweeping powers granted to the executive presidency under 1978 constitution.

"The amendment eliminates term limits for the president and expands the power of the president over independent institutions, including the elections, police, and human rights commissions, as well as the judiciary," a statement issued by US State Department spokesman Philip J Crowley said.

Parliament's supremacy

The amendment was passed on 08 September with 161 MPs in support and 17 against. Although the government only has 144 seats, many opposition MPs supported the move, for reasons that were not explained, at the last moment.

President Rajapaksa after the amendment was passed (photo: Sudath Silva)
"This will ensure supremacy of Parliament and in fact the 18th Amendment will dilute some of the powers of the Executive President"

"The United States is concerned that this constitutional amendment weakens checks and balances and thus undermines the principles of constitutional democracy," the statement added.

Opposition parties, media and human rights activists have described the amendment as an attempt to move the country towards a dictatorship.

However, President Mahinda Rajapaksa has is of the opinion that the amendment improves the democracy in the country.

"This will ensure supremacy of Parliament and in fact the 18th Amendment will dilute some of the powers of the Executive President," he has told newspaper editors.

This will ensure supremacy of Parliament and in fact the proposed 18th Amendment will dilute some of the powers of the Executive President

The US has called upon the Sri Lanka government "to promote the principles of good governance, democracy, and independent State institutions."

The Sri Lankan government has repeatedly insisted of a political solution that involves constitutional amendment as a solution for the national question but the 18 amendment did not refer to any such solution.

 
 
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