Solutions based on 13th Amendment – Have we taken for a ride?

"Indo-Lanka relations fell to its lowest level after 1977, mainly due to the short-sighted policies adopted by the UNP government, and Indian cargo planes invaded Sri Lanka territory challenging the sovereignty of our country, and almost forced JR to ‘invite’ Rajiv Gandhi to Sri Lanka to sign the agreement and to ‘invite’ IPKF."File Image: President Rajapakse with Indian Premier
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by Dharmasena Liyanage

(February 01, Melbourne, Sri Lanka Guardian) The so-called All Party Representative Committee (or quite rightly called Fourteen Party Representative Committee), in its interim report, has recommended strengthening the 13th amendment made to the constitution and is expected to provide maximum devolution to the Northern and Eastern Provinces in due course.

As per Section 1.1 of the report, the devolution proposals are yet to come and implementation of those proposals will require amendment of the present Constitution, and in respect of some Articles, approval by the people at a referendum. Hence, no doubt, the proposals, not yet reviled, are expected to go beyond the 13th amendment.

As per section 1.2 of the report, it is said that the emphasis would be on meeting the ‘aspirations of the Tamil speaking people, especially in the North and East’.

It is truly unbelievable that political parties like JHU and MEP, which we considered as nationalist, have accepted that there are aspirations of Tamil speaking people in Northern and Eastern Provinces and the best solution is to strengthen the Provincial Councils initiated as per the Indo-Lanka pact signed in 1987, in contrary to their own preaching for decades. All of a sudden, their theory of ‘Grama Rajgaya’ has gone underground. The JHU monks and the MEP gurus have taken 20 years to become ‘enlighten’ in their attempt to find the course of conflict and to find a noble path to ‘permanent peace’. How strange!

As per section 3.3, an Interim Council is to be established reflecting the ethnic character of the Northern Province. Since almost all Sinhalese have been chased away from the Northern Province by the Tamil racist groups and the subsequent governments have failed to keep any records and have completely ignored the issue of displaced Sinhalese, it is interesting to see how this interim council will be established reflecting the ethnicity in the Province and how many Sinhala people are going to benefit by the proposal under the current situation prevailing in the province.

Indo-Lanka relations fell to its lowest level after 1977, mainly due to the short-sighted policies adopted by the UNP government, and Indian cargo planes invaded Sri Lanka territory challenging the sovereignty of our country, and almost forced JR to ‘invite’ Rajiv Gandhi to Sri Lanka to sign the agreement and to ‘invite’ IPKF. The Government of Sri Lanka had no other alternative but to ‘surrender’ to the India’s demands and signed the hurriedly prepared document without a proper consent from the people of the country. The JR-Rajiv Pact was signed amidst curfew and the function was boycotted by the then Prime Minister R. Premadasa and cabinet ministers including Lalith Athulathmudali who was in-charged of the Defence. Political parties such as, SLFP, JVP, MEP, including a section of the UNP, were against the agreement and the opposition to the treacherous agreement was notable when a sailor attacked the Indian PM when the latter was receiving the guard of honour.

The 13th amendment to the constitution was made as a condition of the JR-Rajiv agreement and those UNP parliamentarians who opposed the agreement had no other alternative but to vote for the amendment since JR had already made them his ‘political hostages’ by keeping undated resignation letters signed by MPs in his custody. The only gentleman parliamentarian who had the backbone to resign in protest and leave politics was late Mr Gamini Jayasooriya. Even the Supreme Court was divisive when making its decision on the constitutionality of the amendment and was passed with a marginal majority of one

It is under this background that the parties opposed to the Provincial Councils, boycotted the first elections of the Provincial Councils. The very first North-East Provincial Council ended up after its Chief Minister Vardarajah Perumal declared Unilateral Independence prior to his departure to Indian hideout, all that have been forgotten by our short-sighted power hungry politicians with time.

The so-called UNP (D) group, which is made up of hardcore campaigners of a Federal system for a quite long time and who were vociferous critics of ’ Mahinda Chinthanaya’ at the last presidential election is gradually achieving their ulterior motives by entering the government through the backdoor. People like G.L Peiris, Rajitha Senarathne appear to be back in the driving seat, promoting the APRC report, after a brief silence.

Although there are 14 signatories to the APRC report, some of the parties are only name board parties with no real public representation. Since UNP (D) is not a registered political party and appeared as one of the political parties, one could argue that the APRC document itself is not a legally valid document.

The JR-Rajiv agreement accepted the theory of Tamil Homelands which is an absolute treachery and many argued that the Provincial Council system, if implemented in full, will lead to a Federal system. Since the APRC solutions are said to be based on the JR-Rajiv agreement, the SLFP, JHU and MEP who are signatories to the report must clarify their latest policy towards the claim of the existence of Tamil Homelands.

It is shocking that a party which preached and pretend to stand for our National Heritage called ‘Jathika Hela Urumaya’ and we supported from its formative years, could have descended to such a low level to betray the whole patriotic movement and our heritage just for a ministerial position. In fact, the statements made by the SLFP, JHU and MEP heavyweights as to why the parties changed their instance and agreed to find ‘solution’ through the existing law or 13th amendment are incredibly ridiculous and an insult to the ordinary citizens who genuinely followed their party leaderships up to now, believing them as our national heroes.
Jayasingha said...

A reply to Mr. D. Liyanage:

Mr. D. Liyanage’s contentions against the implementation of the 13 Amendment and related Auxiliary enactments, on the face of it, appear to be well justified. He assumes that the acceptance of the ‘homeland concept’ and the implementation of the 13 Amendment will lead to a federal system and perhaps, eventually to a separate State. But unfortunately he has not relied on, or put forward any valid, if not sound, argument to substantiate his contentions.

Mr. Liyanage contents that the implementation of 13 Amendment empowers the PCs which could eventually lead to a Federal State. From my point of view the purported powers to be devolved to the PCs, whatever they may be, finally rests with the executive presidents and the National Parliament.

Art. 4(b) of the 13 Amendment empowers the executive president with unlimited powers in the functions of Provincial Councils. It is not necessary to go into detail analysis to grasp this point as the dissolution of the NCP and Sabragamuwa PCs are clear evidence of the presidential powers exercised through the Provincial governors. The Supreme Court, which remains as the highest judicial institution has confirmed this point by dismissing the fundamental rights petition filed by the opposition.

In addition, Art 154(q) of the 13 amendment empowers the Parliament to repeal, revoke and amend the laws related to provincial council with simple majority. It may be argued that simple majority could not be obtained as the Singhalese are divided amongst themselves with different party symbols. It may be a valid argument provided the issue in question is related to Singhalese interests alone or the overall interests which may affect all ethnic groups as a whole. However if it is an issue related to Tamils that could be viewed as against the interests of Singhalese, obviously the parliament will secure an absolute majority as almost all Singhala dominated parties will stand as one against any reforms beneficial to Tamils.

As the President’s and the Parliament’s powers remain the ultimate source of any powers delegated to PCs, the homeland concept has no real practical value.

It may be surprising for Mr. Liyanage to note all the Nationalist parties, which opposed the Indo-Lanka pact in 1987, are now collectively propagating in favour of implementing the 13 Amendment. There is no secret in the change of their heart. If there is any, it could only be attributed to lack of understanding of the 13 Amendment which they then believed to be beneficial to the Tamils. Now they understand the hollowness of it.

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