Editorial
International treaties not placed in JS!
A continuing betrayal of public trust
Ever since 1979, no international treaties have been placed in our national parliament in spite of a provision embodied in the Constitution in 1978 making it mandatory for governments to do this. An amending clause in 1991 however, required treaty involving national security to be placed in a secret session of parliament. This somewhat diluted the original provision, yet the operative necessity for tabling it in the JS has remained intact. Although even the definition of secrecy is debatable, the overarching need for an elected democracy is to subject a treaty to perusal, discussion and scrutiny in the House of the people. Because such a government is obliged to let the people know what it had signed up to.
What is at issue here is a sweeping non-compliance with a constitutional provision of fundamental importance by successive governments. This amounted to not only undermining the constitution but also denigrating the parliament. The constitutional guarantee for accountability and transparency in matters of safeguarding national interest relating to vital inter-state and even multilateral treaties or agreements has been sorely neglected or deliberately ignored.
Actually, this was outright denial of opportunity and right to parliamentary or public debates. Even from purely informational point of view, this constitutes shameful trampling of people's right to know the details of any treaty.
There is hardly any worse example of denying a legitimate public right by people coming to power on public mandate. This is breach of public trust. Besides public ownership of a treaty is non-existent with the result that a government may be unable to secure people's cooperation in the implementation of covenants and treaties.
Only dictators and authoritarian rulers have secrets to keep as they enter into treaties and agreements that are arbitrary, dubious, expedient and self-serving. They have no need to be answerable to the people because they rule by force and not on popular mandate.
But how on earth can elected democratic governments feel no qualm in keeping the people, on whose vote they came to power, in the dark about matters of vital national interest which treaties impact one way or the other?
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