National Shoora Council, an umbrella body of several Muslim Civil Society organisations with a national reach and a number Muslim scholars, intellectuals and persons of eminence submits the following Memorandum on behalf of the Sri Lankan Muslim community to the
Presidential Candidates contesting the 21st of September 2024, Presidential Election of Sri
Lanka.
1. General Elections, Provincial Council Elections and Local Government Elections
should be held soon after the Presidential Election:
The Elected President shall ensure that General Elections should be held followed by the
Provincial Elections within the shortest possible period. This should be followed by the Local Government Elections.
All the above elections should be concluded within one year (2024-25) following the
announcement of the results of the 21st of September 2024 Presidential Election.
2. Abolishment of Executive Presidency:
In the event the Executive Presidential System is abolished, we propose the setting up of a
Bicameral Parliamentary Structure. The Lower Council/Chamber (LC) would be constituted
of elected Members of Parliament (MPs) while the Upper Council/ Chamber (UC) would be
composed of Appointed Representatives from all communities in equal numbers. This will
ensure that the interests of all communities are considered and addressed before any
Enactments and Regulations are passed by the Parliament.
3. The first 2 years after being Elected, should be dedicated by the President and the Government to expeditiously establish the Rule of Law and implement policies and efficient programs towards achieving self-sufficiency in staple food, promoting exports and seeking speedy economic recovery:
The first two years of the elected President’s term of office must be almost exclusively
dedicated by the President and his Government to making Sri Lanka achieve:-
a) Self-sufficiency in producing within Sri Lanka, all the essential food requirements of
the people,
b) A 30% increase in the Export of Agricultural produce and semi-industrial products
(indigenous and value added) from Sri Lanka, with incentives for exporters on receipt
of foreign exchange remitted to the country within three months of the date of export,
c) Minimizing on a quarterly basis the economic hardships already caused to the public
through the bankruptcy and eliminating its oppressive consequences on the country’s
citizens.
4. Prioritize National Unity, Peace and Harmony:
During the first 2 years of Office, priority must be given to unite the people as Sri Lankans,
defeating external and internal attempts to divide Sri Lankans on ethno-religious grounds
while ensuring the rights of all people to promote their Religion and Culture and all other
rights as guaranteed under the existing Constitution (Article 16(i)) and ensuring thereby
Peace, Harmony and the Economic Development of Sri Lanka.
All Personal laws, Territorial laws & Customary Laws should be preserved and developed
in accordance with their relativistic culturalism.
5. Comprehensive and innovative Educational Reformative system
To improve the existing educational system to pass on the benefits and gains to all citizens
by way of creating a new educational policy and formulating systems so that the citizens
from the grass-root level onwards will become energized to contribute to nation building.
6. Prioritize action to eliminate Abuse of Power, Hate Speech, Discriminatory Actions, Harassments, Bribery, Corruption, Torture, Inhuman or Degrading Treatment or Arbitrary Punishment.
Government must provide optimal relief for victims for the aforesaid and other similar
matters by strengthening the multi-ethnic composition of the Human Rights Commission of
Sri Lanka and its Staff.
Enhance the HRCSL’s powers with decentralized administration as practically as possible
to aid the due process of the Courts.
Acceptance of all communities as having the capacity of Nation in the solution making for
ethnic issues.
7. State Wealth Misappropriation:
Those assets which were taken away by the corrupt politicians and officials in the past should be recovered by way of appropriate legal and punitive measures against the culprits.
To achieve this, conduct transparent investigations into any misappropriation of state wealth and public property and hold accountable those responsible regardless of their position or status.
8. Foreign Relations, Tourism and Trade:
There should be a mechanism to identify the infiltration of some Foreign Nationals under
the pretext of Tourism and Trade, which is an emerging threat to both national as well as
communal security in the country, and preventive mechanisms need to be devised to address these threats, by way of proper and transparent investigation into such instances brought forward by the public.
The President shall initiate policies and programs to promote trade and tourism with non-
risky partners from all parts of the world, respecting the different cultures and religious beliefs of all Sri Lankans.
At the same time, our Foreign Relations, Tourism and Trade must be promoted to enhance
equitable and sustainable development. Proper infrastructure including laying of roads and
means of transport must be expeditiously initiated in-order to revive the country’s
downtrodden economy, respecting the different cultures and religious beliefs of all Sri
Lankans.
A proper Plan and Policy must be made to improve and protect the already in-flowing of
foreign currencies from the Middle Eastern Countries without risking National Security.
In light of growing tension in the Middle East, with the anticipation of the escalation of the
war in the region, nearly two million Sri Lankan workforce in the Middle East will not be
able to retain their jobs, which in-turn will affect the foreign currency remittances from them, which amounts to almost $6,000 Million. A similar situation was experienced in 2020 during the Covid-19 pandemic when a majority of the workforce inevitably happened to return to the country, leading to the loss of foreign remittances. The Country henceforth ended up in bankruptcy.
9. Right to Complain & Right to Seek Remedy:
In Sri Lanka, the Right to Complain and the Right to Seek Remedy should be established
through a New Legislation that ensures the addressing of grievances meted out to the public and appropriate remedial measures. This law must enhance transparency and accountability by providing a clear framework for addressing complaints and securing justice for affected individuals.
To make this function more effective, a dedicated Ministry to identify and address problems
within government departments and private sectors must be formed and a proper formal
mechanism for transparent recording of complaints and providing remedies ensuring
effective solutions need to be established.
10. Human Rights and Anti-Discrimination Measures:
Abolition of the Prevention of Terrorism Act (PTA), Implementation of the International
Covenant on Civil and Political Rights (ICCPR) Act without discrimination, and
introduction of safety measures to prevent abuse and victimization under the Online Safety
Bill are urgently needed measures.
Human Rights and Anti-Discrimination Measures in Sri Lanka should prioritize the abolition
of the Prevention of Terrorism Act (PTA) to safeguard civil liberties without replacing it
with more oppressive legislation. The full implementation of the International Covenant on
Civil and Political Rights (ICCPR) without discrimination is essential to uphold fundamental
rights. Additionally, the introduction of safety measures under the Online Safety Bill is
crucial to prevent abuse and victimization in digital spaces.
11. Compensation and Justice for Covid-19 Cremation Victims:
Appoint a sincere fact-finding Presidential Commission to investigate and find out the
perpetrators in the incidents and to bring them to book and the victims should be provided
reasonable compensation and justice. Ensure that such discriminatory instances are not
repeated.
12. Independent Commission on Easter Attack:
As the previous investigations conducted by the then regimes did not serve the interest of
justice, appoint a new Commission comprising equivalent numbers of members representing the all ethno-religious groups to,
a) Initiate an Independent and Transparent Investigation of the Easter attack on the 21st of
April 2019 to identify the real ‘Mastermind’ and those who failed to take steps to
prevent the attacks after the state received several reliable and reasonably accurate
information of the impending attacks.
b) Empower and recommend fair compensation and justice to all the victims of all
communities and to all persons whose human rights had been violated.
c) Determine whether the Easter Attacks led to targeting and harassment of persons or
institutions that were directly or indirectly victimized in the aftermath of the commission
of offences related to the Easter Attacks.
d) Expedite the inquiries against the detainees within the shortest possible period and grant
justice to all.
e) Identify the culprits, and recommend punitive action through the legal procedures.
13. Appoint a Presidential Commission to Investigate Past Incidents:
a) Appoint a separate Presidential Commission of Inquiry to investigate into racial violence
in areas such as Aluthgama, Digana, Gintota, Ampara, Minuwangoda and Kurunegala,
with a focus on delivering justice and providing appropriate compensation to the victims.
b) Ensure justice to the Victims of North-East and other parts of the country where incidents including those who were killed, forcibly displaced and victimized during various
uprisings and separatist wars (1970 onwards).
14. Administration of Religious Institutions
Matters which come under the State in respect of any Religion or Culture must be assigned
to the respective community appointing a Minister from each one of them.
15. Muslim Personal Laws
a. MMDA (Muslim Marriage and Divorce Act) and Muslim Mosques or Wakf Act.
These and related Acts must be suitably amended taking into consideration the
requirements of the Muslim community and strengthened to ensure justice according to
the Islamic edicts.
b. Quazi Court Standards:
Quazi Judges should be upgraded as Additional Magistrates and the facilities provided
to the Courts should be enhanced – this will help to enforce maintenance, orders,
alimony, etc., and eradicate delays and corruption.
c. Wakf Act Amendment:
Prescription should not be applied on Waqf properties (like in the Crown Lands
Ordinance) which should be implemented with retrospective effect.
d. Religious and Cultural Rights:
Affirm the Constitutional Guarantees of Religious and Cultural Rights in a specific
legislative format to protect all aspects. (e.g.: dress codes and beard growing etc.) (Refer
Constitution Article16 (i)).
16. Infrastructure Development:
Ensure a fair distribution of the Local Government Budget for Infrastructure Development
across all regions of Sri Lanka. Guarantee an equitable and consistent supply of water for
both households and agricultural use. Implement sanitation and drainage systems in every
town nationwide. Provide sufficient Heavy Earth-Moving Equipment and Agricultural
Machinery for all areas. Establish Cooperative Societies equipped with Machinery,
Workshops, and Training Centers to support the large-scale mobilization and production of
agricultural produce.
17. Health and welfare of all communities:
Health Rights and welfare of all communities should be enhanced with proper mechanisms.
Easy access to quality Healthcare aiming at reducing health disparities and strengthening
community health must become part of a compulsory health care policy in Sri Lanka.
We Propose the implementation of a National Health Insurance Scheme as a priority.
18. Unani Medical Standard Upliftment
a. Enhance the Unani system of medicine by improving the appointment process for Unani
Medical Officers and elevating the standards of Unani Departments to the level of a
Faculty. Ensure adequate representation of Unani Graduates on the Ayurveda Committee,
Council, and Boards.
b. Increase the number of positions for Unani Consultants, expand the number of Unani
Hospitals and Academic Units, and ensure that each Hospital Ward has at least 20 beds.
19. Land Issues
a. Lost Lands in the North-East and All Other Parts of the Island: All land and
properties forcibly dispossessed should be restored to the legitimate owners. We also
propose to expeditiously appoint Regional Commissions to investigate land issues.
b. Koralai Patru Central Land: Enforce the Gazette Notice issued on the recommendation
of the Pannampalana Commission in 2000 with Delimitation Allocated to Koralai Patru
Cnentral DS Division to restore the land distributed to Koralai Patru West DS Division.
c. Nurachcholai Tsunami Housing: Immediate allocation of the houses in the
Nurachcholai Tsunami Housing project in terms of the intended purpose of the project.
d. Thoppur DS Division: Enable the implementation of Thoppur DS Division as gazetted
in 1994 replacing the ongoing Sub-Divisional office and help establish a separate LG
body for Thoppur DS Divisional Area.
e. Kalmunai Tamil Sub DS Division: Disband the unauthorized Kalmunai Tamil Sub DS
Division, which was established in Kalmunai in 1989 under LTTE control without official
proclamation. This subdivision was created arbitrarily and unlawfully, and there are
demands to upgrade it to a full DS division. Such demands aim to unfairly deprive the
Muslim community in the Kalmunai region of their land.
f. Issuing Deeds to Kalmunai Town Land Permit Holders : Take necessary steps to
ensure that land deeds in Kalmunai Town are promptly conferred to permit holders under
the URUMAYA program.
20. Issues related to the Environment:
a. Sea Erosion all over the Island:
To pay necessary attention to prevent sea erosion throughout the coastal belt of the Island
with special reference in Ampara district involving Oluvil Harbour area, Unawatuna,
Wadduwa, Polhena, etc., through effective remedial measures.
b. Reforestation and Conservation of Vegetation:
Take necessary steps to plant fresh vegetation and greeneries to improve the forest cover
and to ensure zero carbon emissions with the aim to gain positive carbon credit (through
analogous reforestation).
21. Specific Laws and Cultural Rights:
Enact clear Statutory Provisions to regulate the practice of Religious and Cultural Traditions
and ensure adherence to established Laws. Individuals or entities that violate these laws and regulations should face strict penalties or appropriate sanctions to maintain law and order and uphold justice for all. This regulation must be consistent with Article 16(1) of the
Constitution, which addresses such matters.
22. Administrative Issues:
a. GA Appointments:
Appoint District Secretaries/Government Agents to all districts in Sri Lanka based on
fair and equitable policies, ensuring that no community interests are compromised.
Appointments should provide balanced representation, considering individuals from
diverse communities, including minorities. This approach should follow principles akin
to those in the Singaporean Equality Rights Bills.
b. Proportional Appointments:
Ensure ethnic proportionality ratios implemented in the key positions such as DIGs
(Police), Ministry Secretaries, and Chairpersons to reflect the diversity of the population
under the Equality and Social Justice Principle.
c. Do away with the Discriminatory Appointments:
In Sri Lanka, rightful Senior Administrative Positions are denied on discriminatory basis
which should be rectified on equitable basis and purely on merit.
d. Practicing Religious Ritual at the Workplaces:
Ensure that Muslims in the Police, Army, and Navy etc. have the right to practice their
religious obligations and that proper facilities are provided.
23. Minority Safeguard Mechanism:
a. Community Policing System:
Establish a Community Policing System that reflects Ethnic Proportions related to every
Police Division and ensures fair treatment to Minority Communities. A modified
community policing system needs to be formed for all districts separately with regional
ethnic proportionate appointments to it from among the respective community members.
b. Regional Policing System:
Develop a Regional Policing System that balances ethnic representation and improves
trust between law enforcement authorities and communities.
c. Enactment of necessary laws:
Enact necessary laws to fill the statutory lacuna of a comprehensive legal system so that
issues of all communities and matters could be optimized without any gaps in the law.
24. Election Criteria:
Develop clear, fair, and equitable criteria for candidates contesting elections at
Parliamentary, Provincial, and Local Government levels to ensure transparency. For
example minimum educational qualification, good character, performance certificate as in
developed countries.
25. Fair Representation in Local Government, Provincial Council and the Parliament
Ensure adequate and proportional representation in Local Government, Provincial Councils,
and Parliament to accurately reflect community interests and demographics. Address issues
related to delimitation, demarcation, and gerrymandering, and guarantee at least 5%
Representation in General Elections. Amendments to Local Government Bodies should be
revised to ensure a fair number of Grama Niladhari (GN) Divisions for All Communities
across Sri Lanka, with Gender Representation considered.
26. Media Discrimination and Communalism:
Enable systems to combat media discrimination and eradicate communalism, promoting
balanced reporting.
27. Research-Based Problem Identification
All issues and problems should be identified and resolved via scientifically directed
research-based mechanisms incorporating all relevant stakeholders.