Implementation of 13th Amendment is a Guarantee of our National Security
by Dayan Jayatilleka
There are two types of people who assert that President Mahinda Rajapakse is against the 13th amendment or does not intend to or will not implement it. These are the Tamil ultranationalists, the Tamil hawks and their fellow-traveling Sinhala doves, who say that no devolution will emanate from the Rajapakse administration, and the Sinhala hardliners who oppose any kind of devolution and attempt to use President Rajapakse’s patriotic profile behind which to hide their extremism. Some even invoke Mahinda Chinthana, oblivious to the irony that Mahinda Rajapakse can be safely trusted to know the letter and spirit of Mahinda Chinthana better than anyone else.
My advocacy of the implementation of the 13th amendment is not contingent on the authenticity or otherwise of Presidential commitment, anymore than the commitment of the Israeli and Palestinian moderates and the USA to a two state solution is contingent upon an assumption of political sincerity of the current set of leaders. As Lenin once said “there is no such thing as a sincerometer in politics”. I think it is unfair to assume mendacity on the part of the President just as it is naïve to assume the opposite.
The Sinhala ultras oppose the 13th amendment precisely because there is something of substance in it. That is precisely why Tamil democrats must support it. The Tamil ultras (most notably Prabhakaran) opposed and still oppose the 13th amendment because it does not amount to nor is a fast track to separation, and indeed undercuts the separatist goal. That is precisely why the Sinhala centrists, moderates and progressives, and indeed enlightened Sinhala nationalists should support it.
The position of the President and Government of Sri Lanka on the 13th amendment is clearly set out in two contemporary documents, namely the joint statements of May 21st and 23rd issued at the conclusion of the visits of the high level Indian delegation and that of the UN Secretary General respectively. Both statements reiterated the Government’s commitment – indeed one referred to the President’s “firm resolve”-- to implement the 13th amendment. Both statements also indicated a political dialogue which would explore further possibilities. I quote:
“Both sides also emphasized the urgent necessity of arriving at a lasting political settlement in Sri Lanka. Towards this end, the Government of Sri Lanka indicated that it will proceed with implementation of the 13th Amendment. …Further, the Government of Sri Lanka also intends to begin a broader dialogue with all parties including, the Tamil parties in the new circumstances, for further enhancement of political arrangements to bring about lasting peace and reconciliation in Sri Lanka.” (May 21, 2009)
“President Rajapaksa expressed his firm resolve to proceed with the implementation of the 13th Amendment, as well as to begin a broader dialogue with all parties, including the Tamil parties in the new circumstances, to further enhance this process and to bring about lasting peace and development in Sri Lanka”. (May 23, 2009)
The statements carried in the Indian media following the reciprocal recent visit of a top level Sri Lankan delegation to New Delhi shed light on what GOSL means by going beyond the 13th amendment. Mention had been made of a second chamber which would contain and represent the provinces. The somewhat less authoritative APRC has also been the source of some newspaper reports of another possibility of movement beyond the 13th amendment by means of a restructuring of the concurrent list of powers held conjointly by the centre and the provinces. Since this is speculative at the moment, it need not detain us further.
One of the silliest arguments against the implementation of the 13th amendment is that it is a stepping stone to or somehow related to the Tamil separatist cause. If that were the case, Prabhakaran would have accepted it, not rejected it and gone to war against the Indian Peace-keeping Force, damaging his relations with India and culminating in the assassination of Rajiv Gandhi, an atrocious crime for which he paid this May. At the very least he would have abandoned or suspended the war against the IPKF that he began in October 1987 and negotiated for privileged entry into the provincial council. Prabhakaran took a grave risk and waged this war, his second war, precisely because he knew that provincial autonomy as envisaged in the Indo-Lanka Accord and contained in the 13th amendment a year later, was a death trap for Tamil secessionism. This is because authentic moderate reform is a death trap for extremism anywhere, anytime.
Why compromise on the basis of the 13th amendment, ask the extremists on both sides of the ethnic divide. The answer is that anything else would be too risky. Open up the issue again and the Sinhalese may offer less, the Tamils may ask for more and the world may see an even more divided island.
The confusion arises over three qualifying terms: “full” or “fully”, “minus” and “plus”, as in full implementation of the 13th amendment or not; 13th amendment minus or 13th amendment plus. What is forgotten is that we are already at 13th amendment minus and is likely to remain minus in that specific respect, namely the de-merger of the North and East. So even if we upgrade the 13th amendment in certain respects (second chamber, reduced concurrent list), it will never be an unambiguous plus. It will be plus something, minus merger.
This leaves the issue of the full implementation of the 13th amendment. Here too, the question does not arise in one sense because the de-merger has taken place and what would be implemented is not the 13th amendment in full. The discussion, to be frank, is about two other matters: police powers and land. Here too the fuss is less than warranted. Even Minister Muralidharan has said that the devolution of police powers is not a matter of urgency and Minister Devananda has made matters even simpler by saying that all he wants as an immediate step is for the Northern Province to enjoy the exact same powers as have been devolved to the other Provincial Councils in the island.
Therefore we do not have to agitate our society with the issue of Police powers at this moment. However the issue will not go away, and should be addressed in the interests of national security. It is one thing for an almost totally mono-ethnic military to defeat an equally mono-ethnic enemy militia in mid to high intensity warfare. It is another for a mono-ethnic military to maintain a necessary long term large scale presence in a territory almost totally inhabited by a different and disaffected ethnic community, without the benefit of a local, or should I say “home grown” intermediary. Unless and until it becomes ethnically integrated and representative of the island’s demographics as a whole, the Sri Lankan military must not be drawn into and bogged down in policing functions which bring them into possible relations of contradiction with the local inhabitants. Some commentators have upheld as example India’s military cantonments, forgetting that India’s is a highly multiethnic military at all levels. It is therefore in the interests of the Sri Lankan military to have a local intermediary or auxiliary force and it is equally necessary that this force work with accountability and discipline, within a regulatory framework.
The next issue is that of land, which is at the heart of most ethnic and civic conflicts. The land provisions of the 13th amendment were carefully worked out by India and Sri Lanka, as Dr Sarath Amunugama for one will testify – and it may be less than prudent to seek to unilaterally roll back that understanding.
There is nothing that our enemy, the Tiger international network and the pro-Tiger, pro-Tamil Eelam Tamil Diaspora would like better, than to see a gap open up in the partnership between Sri Lanka and India; a gap that they will seek to manipulate in consonance with their Western patrons and friends. The non-implementation of the 13th amendment will open up such a gap. The implementation of the 13th amendment is not a give away or dilution of our military gains. It is the necessary political accompaniment of them and the guarantee of the consolidation of our military victory. It is in our national interests and a guarantee of our national security.
Historically this is the best time to effect a political reconciliation between the Sinhala and Tamil communities in Sri Lanka. If we do not do so internally, space opens for external interference. If a minority anywhere in the world remains disaffected and domestic reconciliation is not forthcoming it is natural that it would look to co-ethnics elsewhere and to outside powers for support. Today is the best time to draw or re-draw our political contract in a way that brings us together. The Sri Lankan armed forces have reunited the entire territory of the island. The Tamil extremists are weakened to an unprecedented extent by the destruction of their vanguard the LTTE. They can no longer sustain hard-line positions. President Rajapakse has the trust of the Sinhalese to a degree that none of his predecessors had, thanks to his leadership of the liberation war against terrorism and separatism. He can therefore carry the Sinhalese with him into a settlement of the underlying and pre-existing issues. Thus this is the best time for a moderate compromise.
(These are the strictly personal views of the writer).
28 Comments
Yes, I hope those hawks/extremists/ultranationalists will diminish to negligible level, if MR stand straight as he is.
For the Record I am against the 13th Amendment but I do understand on a practical and "diplomatic" level how we have to do this to placate our neighbors and critics.
I can only hope that the government facilitates the reintegration of Sinhalese and Muslims back into the Northern and Eastern Provinces and thus balance out the Communalist Tamil Dominance of these provinces and thus negating the possibilities of a rise of this Homeland Fantasy Nonsense.
All Sri Lankan citizens should be encouraged to buy land in the north and migrate there as well as the east especially the Sinhalese. I certainly plan to do so. I have always wanted a Beach house on Kayt's Island.... We also have to be wary of the large number of Tamil Diaspora who will no doubtly return to Sri Lanka and buy land in the North and East and try to Change the Political Demographics in favor of their former Communalist and Separatist Agenda, they will no doubt have more money than most Sri Lankans so the challenge will be a financial one.
The only way to prevent the rise of Communalism despite the implementation of the 13th is to change the population Demographics in each province. Once Everyone is fully integrated and diverse and mixed up then we will never have to worry about another Tamil Insurgency or for that matter another Ethnic Insurgency. Everyone can embrace the National Identity and there will be no more fuss about Ethnic segregation.
It is better Our President should make Srilanka as United Srilanka with the federal type solution as many part of the world. Briatan, India, Pakistan, China, Germany, france, USA,Canada and Rssia got federal type devolutions of power to the provinces because of the minority of the respective contries. I hope Mr. Mahinda Rajapakasha sovle the ethinic problems and to bring back our country prosporous as soon as possible.
I agree 100 %. I strongly believe, Mahinda Rajapakse will stand up for united Sri-Lanka and implement 13th amendment asap. This will definitely give minonity to trust Mahinda Rajapakse. Forget about hardliners. They too will realise later they were wrong.
Hello Dayan,
What we need is the Right to Life,Freedom and Security.If the state can not gurantee even the most fundamental of rights,the right to life,then I am afraid that there is no point in vexing eloquent about amendmant to the costitution.Further-more, the Right to Life should be absolute and should not depend on the whims and fancies of some of the gentlemen you have mentioned in your analysis.
Cheers,
Siva.
The problems of SL cannot be solved by the 13th amendment forced on the country by india. Problems of SL will only be solved when the sinhalese and the tamils address each others fears of domination. 13 th amendment and utilisation of India to achieve a homeland has created a suspicion among the sinhalese of ulterior motives of some of the tamils. Political leadership must address the fears of the sinhalese and the tamils.There is a tendency among the SL political leadership to ignore the fears and aspirations of the masses. JRJ forced the 13th amendment on the sinhalese at the behest of India. The result was 75000 sinhala youth lost there lives.This is very convieniently forgotten. This war is not over because the LTTE is defeated.This war will only be over when the Tamils and the sinhalese decide on a frame work to live with each other. Narrow nationalism and indian involvement only will make matters worse. MR would be wise to take heed of the sinhala opinion and the desire of the masses for good governance.Uptill now he has failed on the latter.
I have read an interesting reply by one P Abbey a sinhalese gentleman, to DJ and his advocacy for the 13th A plus. For reconcilliation we need better understanding of the mindset of people from both sides of the ethinic divide and should not treat this posting as a negetive comment. It depend on how people react ina civilised manner that matters and add value to this forum :
" Reply to DAYAN JAYATILLAKE -Tamil and Sinhala are not just two words, they are two different civilisations grown up in two different places.
Posted on July 3rd, 2009
P. Abbey
Without knowing who Sinhala and Tamil are and without knowing their true history, trying to offer solutions does mean nothing.
It is a fast time for some individuals to show off as Marxists and quoting from others to hide their on emptiness since they got nothing else to claim any association or an identity.
It is really disappointing to try to be the representative, the administrator and the final arbitrator on matters that are beyond your concern and capacity.
It is time for Sinhala people to stop tolerating interference from outsiders and affirm their ownership, rights and responsibilities. These silly arguments should not be entertained.
The 13th amendment got to do nothing with Sinhala people or even with Tamils for that matter. It is a Hindustani initiative in line with its ambition to annex Lanka imposed by terror. Hindustan (others wrongly call it India) seems to be very happy with your servile leaders for doing their bidding. Any one who does support this endeavour should receive what traitors deserve.
The truth is, VP rejected it when realised the game and slaughtered Rajiv to take revenge. Whatever utterances any one make, Lanka belongs to Sinhala people who are the oldest civilisation of modern humans and even the Buddhists are liars who misrepresent Sinhala people while working to their detriment over the last 2500 years.
If someone thinks Sinhala people should give up their rights and offer their country on a plate, there is nothing more to talk. We already have such other Eelaams around the world. This is a matter of survival of Sinhala civilisation...."
http://www.lankaweb.com/news/items/2009/07/03/reply-to-dayan-jayatillake-tamil-and-sinhala-are-not-just-two-words-they-are-two-different-civilisations-grown-up-in-two-different-places/
Hi Maithree:
use your real Tamil name. Stop pretending that your real name is "Maithree."
I would like to know precisely what Devinda Fernando, and others who comment in a similar vein, have against the 13th amendment. Dayan Jayatilleke presents a well reasoned argument for supporting this amendment to our constitution whereas, from what I hear, most of those against it have little more than the old communalist rhetoric based on stirring fears of separatism etc.
I don't think Sri Lanka can achieve a lasting peace by trying to placate regional neighbours by simply paying lip service to measures, such as the 13th amendment, that will provide at least a degree of autonomy to the provinces. Therefore immediate implementation of '13 amendment minus' in the North, as is currently operative in the rest of the country, will at least bring the whole of Sri Lanka under a common framework of governance. As Mr. Jayatilleke notes, this will not be the end of the story. But at least from this common starting point reform of the provincial councils can then be affected for the whole country under the democratic processes of the existing parlimentary system.
Trying to engineer social integration through artificial inducements for land acquisition etc, will create more distrust and result in an 'economic arms race'. I have no problem with individuals deciding to move to/from the North/East of their own accord, but making this a matter of government policy will create more problems than it claims to solve. It would be better to make a concerted effort to create real and lasting links between the Sinhala, Tamil, Muslim and other communities through other mechanisms. Some ideas for this might be along the following:
1. Currently, most Sri Lankan schools have links to a brother/sister which is based nearby. Often the two schools organise shared events and there is a lot of interaction between the students of the two schools. It would be beneficial to extend this 'linking' across community boundaries. Sinhala, Tamil and Muslim schools across the country can be linked to each other and encouraged to organise common events that bring students together. Subjects such as English, Science and Mathematics could even be taught together where other factors (such as distance, availability of teachers etc.) allow. Problems of physical distance should be overcome through the innovative use of technology. Establishing the means for forging these connections amongst the young people of our currently disparate communities, will do far more for community integration than any migration of people.
2. Another potential use of technology is in the provision of translation services when accessing government services. Even in the short term, it should be possible for any government official, from the policeman on the beat, to the civil servant in Colombo to help a citizen irrespective of the 'native' language that they each know. One way to do this it to establish a 'Translation Bureau' that can be telephoned when there is a need for translation between Tamil, Sinhala and English.
I am sure people can find lots of problems with my ideas. Nevertheless I hope that there is acceptance of the idea that whatever peace dividend that might arise from the end of the conflict is better spent on measures that can help produce understanding between the communities.
Measures that involve moving people around the country without this understanding being established first are only likely to inflame emotions and lead to more sufferring.
The Sinhala Ultras should take Dayan's views into serious consideration. Peace-loving sections of the people should unite to bring pressure for the full implementation of the 13th Amendment which will set the basis for further constitutional provisions to bring-about a complete end to the conflict and tragedy the country has suffered for over three decades.
Devinda Fernando should understand that there would not have been any necessity for the 13th Amendment or even for the coming of a Prabakaran and his LTTE if there was no Sinhala Only 1956.The said act was as a result of the majority community giving a mandate to SWRD Bandaranaike.Will he admit that in spite of 1958 Prabakaran and the LTTE manifested only after 1972 because of the commissions and omissions of the predominantly Sinhala dominated governments that exercised power from 1948.It was the Tamils who have suffered the most because of the politics of the so called Tamil leaders who led that community up the garden path from 1948 onwards and left them in the lurch to the likes of Prabakaran's whims and fantasies... It is futile to go over all that now anyway.
But there is, nor there was, any law which prevents,or prevented people like him or Sinhalese purchasing land in the North.If he wants a beach front land for a house in Kayt's Island he could have done so before 1948,1956.He is welcome do so even now in 2009.He does not have to get permission from any one. Now perhaps only from the government for security reasons, if he wants land by the beach.A Tamil did not get government permission to buy land in the South or say Wellawatte.All he did was to find a seller who had a land to sell and if he could afford the price he paid it.
If the Sinhalese did not buy land in the North or Jaffna why blame Tamils.So all that talk about fighting separatism and the Politics of Demographics or Tamil Diaspora is sheer B.S.
I have no problem giving 13th full if the minority community is colombians or cubans or peruvians .... But, the minority in SL is the majority in that region 5:1 ration (65 tamilnadu tamils against 15 mil sinhalese). Eventhen it is no problem if that majority is not interfering .. It is not so. They, tamilnadu tamils, take polls on whether SL should have ealam or not. They want to come by boats to fight SL defence forces .... They are the most interfering communiy in other nations affairs without any respect to others. Other problem is tamils diospora. They are hell bent on destroying SL and adamant of having ealam by any means. Those are very powerful reasons not to give an opening for saparatims in SL. Full implemenataion of 13th is surely that opening ... Tamil diospora and tamilnadu is waiting for that. Mahinda/Gota/Sarath combination is not a thing we can expect to repeat in near future. When that separatism movement come through, what happens if Dayan like people are in power?
I have my doubts about Rajapakse implementing the 13th amendment. He was one of the vociferous oponent to it when it was passed like the late Premadasa. It is history how Premadasa sabotaged the devolution though informing India that he will implement it. Rajapakse has the same mindset as Premadasa and will follow suit unless forced by India. At the last all party meeting he is supposed have said that he has no objection for any IDP to seek refuge in a western country. There are already IDPs dying of starvation and disease, and there are plans to settle IDPs in other provinces.These acts clearly show that he does not want the IDPs to be settled back in their home lands. One of the grievances of the Tamils is deliberate changing of demographic pattern mainly in the Eastern province and now in the Northern province. Demographic pattern in these provinces should depict what was at the time of independence. Government accepted the protest of the Sinhala people about the change of demographic pattern in the upcountry by the British and expelled one million Tamils of Indian origin to satisfy them. This is the reason why the Tamils demanded the North-east merger and both land and Police powers in order to rectify this injustice perpetrated on them by successive Srilankan governments. Is Rajapakse going to listen to Douglas and Karuna or the opinion of the bulk of the Tamil people. If Rajapakse tries to force a solution which majority of the Tamils refuse to accept, then there will be no option but to demand for Independance. I am sure if a referandum is held in a fair manner under UN supervision where Tamils will be allowed to vote without fear of repercussions, they will overwhelmingly vote for independance.
Devinda,
I agree with your point. Tamil should stop talking tamil homeland. Tamil Diaspora have a lot of foreign currency and they have to buy lands in the south in mass scale ....
Dear Devinda,
You sound more communalist than most Tamils I know. There are better beaches in Karainagar than Kayts. It is easily accessible and it used to be a tourist attraction. As you are well aware, there are nice beaches in Arugamba and in most of the south-east corner of the country. These places have better access than North and it close proximity to Colombo add value to the property. The point I want to make here is that your decision to buy a beach house should be based on property value, market conditions and future prospectus. Not based on your hidden agenda. Most of the Sri Lankan Tamils(and Sinhalese) living outside of Sri Lanka are still struggling with their on financial problems. They are not in a position to alter the demographics of Sri Lanka. In addition, the number game is always in favour of the majority people. Please, please, enough, do not scare people like this type of messages. There is a historic opportunity to move forward together
Devolution of power based on a provincial council system is the best way to implement a permanent solution. We have already wasted 30 years, no more, please
There are two groups of extremists: one group supports the 13th amendment, but for the other group, the 13th amendment is not extremist enough. Here we see a new facet of Southern Sri Lankan fundamentalism: every political solution must come from within. Any political solution from the "outside" is somehow linked to seperatism. It does not matter that Rajiv Gandhi, architect of the 13 amendment, was himself assassinated by the LTTE. The extremist view is one of "us" and "them," where "them" includes everyone outside the island.
The Provincial Council system in SL is a white elephant.It is just another place for corrupted politicians.The 80% of income and the resources wasted on salaries and maintainance. Just to please India or IC do we need to keep this system?
Can't we find a better solution or power sharing system which support development? The politicians knew that PC system is a failure. But they reluctant to accept it.CAN'T WE FIND AN ANOTHER SYSTEM OR WE ARE LACK OF POLICY MAKERS?
Dayan,
I appreciate your persistent efforts for the implementation of the 13th Amendment for the resolution of the ethnic problem.
But it should not be for the appeasement of Indian ruling classesor as a security measure.
If you are genuinely interested then it is a welcome endeavor!
Remember!
Constitution is the supreme law of the land.
The 13th Amendment is part of the constitution
The President when he assumed office had pledged to uphold the constitution and he cannot be selective. He has to uphold the whole Constitution irrespective of his personal preferences.
Not some parts!
He or any other citizen cannot play with the constitution. Constitution is a venerated document!.
If he believes that any provision in the constitution is not in the interest of the country he has to go for the repeal of that provision, he could do it constitutionally rather than not implementing which is unconstitutional!
Mahinda chinthanaya is irrelevant when interpretation of the constitutional provisions is concerned.
The expert commentators including Dayan before interpreting the 13A must read, study, understand and assimilate rather than misrepresenting.
Dayan speaks about 13A,13A plus,13Aminus and according to him 13A has become 13A minus permanently due to de-merger of NEP into Northern and Eastern Provinces,
But Dauan you are wrong!
Nowhere in the 13A merger or de merger is mentioned.
The article155a (3) of 13A provides for two or more adjoining Provincial Councils forming a single Provincial Council.
it does not mention anything about North East or merger.
Actually the Northern and Eastern Provincial Councils were merged in 1988 in terms of provisions in the Provincial Council Act No 42 of 1987 where the modalities for merger and de-merger were extensively provided.
The 13Amendment to the Constitution and the Provincial Council act No 42 of 1987 were certified by the speaker on the same day-14th November 1987.
The 13A is silent on the merger and de merger. The de merger has not affected the 13A in any manner.
However the 13A has become 13A minus due to non implementation of Land and Police Powers and many more unconstitutionally
Therefore despite de merger the full implementation of 13A is still possible.
Now let us look at some more provisions of the present constitution- those were brought in through the 16th Amendment to the constitution.
It was certified by the speaker on 17th December 1988.
According to 16A Sinhala and Tamil were made Languages of Administrations
while Sinhala was made the Language of Administration in the 07 Provinces. Tamil was made the Language of Administration in the other two provinces- the Northern and Eastern Provinces.
Further Tamil was given minority status in the seven provinces and similar minority status was given to Sinhala in the Northern and Eastern Provinces.
This means Sinhala and Tamil now enjoys parity of status in the Constitution.
Remember in the 50sand 60s how much blood was shed in the name of Language.
But by 1988 the problem was satisfactorily resolved to the satisfaction of every community concerned.
Today we hear a lot about Patriotism, Unitary Status of the Country, National Flag, National Anthem – the symbols of Nationalism and Sovereignty.
But alas the Constitution is in the cold!
It is not given the due respect.
It is being treated like a piece of paper!
The prerequisite for the resolution of all our ethnic problems is the adherence of Rule of Law beginning with the full implementation of the constitution. Not Constitution minus!
This means the implementation of 13Amendment, 16 Amendment and the 17th Amendment and provisions regarding human rights and fundamental rights without any minuses.
Then and then we may not have any problems to solve!
.
Dayan -Think out of the Box!
Dayan,
The plus could me more than what we think.It could be far fetched and resolve all fundamental flaws of the current constitution. I am sure you would have seen the video interview of Tissa Vitharana and Somawansa Amarasinghe on groundviews.Some comments made by viewers including me adds credence to APC's proposal if implemeted.
The ethnic enclaves should be avoided inside the island under any other significant solution confined only to Sri Lanka as what the President committed in the parliament. 13th amendement is a Indian creation and it is doubtful the outcome would support in a small country like Sri Lanka and undoubtedly it will further harrase Sinhalese and Muslims.
This is only possible by mixing all the nationalities, especially Sinhalese to move in to North and East.
Devinda Fernando's posting clearly shows that his objective is to dilute the ethnic composition of the minorities in the North and East. One of the main reasons for the ethnic tensions and deep divisions in the country has been this type of narrow thinking. I hope we have learnt a sufficient lession from 50 years of conflict to steer away from the likes of Devinda for the betterment of the Sri Lanka. We do not want another 50 years of conflict, misery and poverty. We deserve better!
Devinda,
I am sure Tamils in the North-East will have no objections to Sinhalese buying up land there with their own funds, work and live with them. But not for the purpose you specify – to overwhelm them and render them into a minority - to alter the demographic pattern. I can see no wrong in the Tamils from the diaspora doing the same thing. Well! Those from the Sinhala diaspora too are welcome.
ISS
Dayan,
I appreciate your persistent efforts for the implementation of the 13th Amendment for the resolution of the ethnic problem.
But it should not be for the appeasement of Indian ruling classes or as a sucurity measure.
If you are genuinely interested then it is a welcome endeavor!
Remember!
Constitution is the supreme law of the land.
The 13th Amendment is part of the constitution
The President when he assumed office had pledged to uphold the constitution and he cannot be selective.
He has to uphold the whole Constitution as it is irrespective of his personal preferences.
Not some parts!
He or any other citizen cannot play with the constitution. Constitution is a venerated document!.
If he believes that any provision in the constitution is not in the interest of the country he has to go for the repeal of that provision, he could do it constitutionally.
Mahinda chinthanaya is irrelevant when interpretation of the constitutional provisions are concerned.
The expert commentators including Dayan before interpreting the 13A must read, study,assimilate and understand rather than misrepresenting.
Dayan speaks about 13A,13A plus,13A minus and according to him 13A has become 13A minus permanently due to de-merger of NEP into Northern and Eastern Provinces,
Dayan You are wrong!
Nowhere in the 13A merger or de merger is mentioned.
The article155a (3) of 13A provides for two or more adjoining Provincial Councils forming a single Provincial Council.
It does not mention anything about North East or merger.
Actually the Northern and Eastern Provincial Councils were merged in 1988 in terms of provisions in the Provincial Council Act No 42 of 1987 where the modalities for merger and de-merger were extensively provided.
The 13Amendment to the Constitution and the Provincial Council act No 42 of 1987 were certified by the speaker on the same day-14th November 1987.
Of Course the Indo Sri Lanka Agreement of 1987 signed by Rajiv and JR has thes provisions for merger prominantly and JR cunningly included it in the Provincial Council Act rather than in the 13A and thereby made matters easy for manipulation!
The 13A is silent on the merger and de merger.
The de merger has not affected the 13A in any manner and due to de merger 13A has not become 13Aminus it ramains as 13A
However the 13A has become 13A minus due to non implementation of Land and Police Powers and many more provisions in13A unconstitutionally
Therefore even with de merger the full implementation of 13A is still possible.
Now let us look at some more provisions of the present constitution- those were brought in through the 16th Amendment to the constitution.
These provisions in the form of another amendment 16A was brought in to give effect to the language provisions in the 13A
It was certified by the speaker on 17 December 1988.
The effect of these provisions made Sinhala and Tamil as Language of Administration -while Sinhala was made the Language of Administration in the 07 Provinces. Tamil was made the Language of Administration in the other two provinces- the Northern and Eastern Provinces.
Further Tamil was given minority status in the seven provinces and similar minority status was given to Sinhala in the Northern and Eastern Provinces.
constitutionally Sinhala and Tamil now enjoys parity of status in the Constitution.
Remember in the 50s and 60s how much blood was shed in the name of Language.
But by 1988 the problem was satisfactorily resolved to the satisfaction of all communities.
Today we hear a lot about Patriotism, Unitary Status of the Country, National Flag, National Anthem – the symbols of Nationalism and Sovereignty.
But alas the Constitution is not given the due respect it deserves!
It is being treated like a piece of paper!
The prerequisite for the resolution of all our ethnic problems is the adherence of Rule of Law beginning with the full implementation of the constitution.
Not Constitution minus!
This means the implementation of 13Amendment, 16 Amendment and the 17th Amendment and provisions regarding human rights and fundamental rights without any minuses.
Then and then we may not have any problems to solve!
.
Dayan -Think out of the Box
I refer to the comment by “Rana”
“The Provincial Council system in SL is a white elephant. It is just another place for corrupted politicians. The 80% of income and the resources wasted on salaries and maintenance”
This statement is not backed by facts.
Who are the Provincial Council staff?
Do you know that 90%of the Provincial Council staff is Teachers and Doctors.
Even if there are no Provincial Councils, salaries of teachers and doctors have to be paid- Of course by the government at the Centre.
Do you mean to say that the Schools, Hospitals, Irrigation Tanks and Roads need not be maintained?
Do you still call the Provincial Councils a white elephant?
Some of the Politicians in the Provincial Councils are corrupt so are those at the centre.
There is Auditor General mandated by the constitution to ensure corruption free administration.There are Parliamentary Committees like PAC and COPE and to enforce Judiciary.
If your objection to the Provincial Council system is only because it is a white elephant or corrupt, your arguments are not backed by facts
Dear Dayan,
"Implementation of 13th Amendment is a Guarantee of our National Security"
Look at the pathetic situation which we are facing. Even the law passed by a legitimate government hasn't been implemented. I am not going into the argument that it (13th amendment) will work or not.
My view is that the sinhaleese majority is fear of even their own shadows when it comes to deal with this kind of amendments. Therefore, substance in it or not is irrelevant here.
Good luck!!!.
It comes as No Surprise that my first Post would ruffle the Feathers of you Tamil Communalists here. If you poke a Tiger enough he will eventually Growl (No pun intended). Looks like they are all Growling at me now...
So let me respond to my adoring fans.
Arosha,
I don't agree philosophically or Politically that allowing Ethnic Segregation is the path to lasting peace. While you are correct that the 13th Amendment is not in Favor of any particular Race it will be Used as a Tool to foster Separation and Keep those Tamil Communalists(and Sinhala Commies in the South) in power. After so many of our young men and women have laid down their lives for this country the last thing I will stand for is to allow the Rabble Rousers who put us in this mess continue to remain in power. This country needs a Clean Slate... The TNA should be done away with, any remnants of Tamil Communalism must be Destroyed Completely. No Mechanism should be left in place to allow this to happen again. The Only way that will happen is via complete Integration and Mixing of the ethnic groups in Sri Lanka. As Sri Lanka progresses economically, the Attitudes of our youth will change to be more metropolitan and inclusive. We cannot allow the Older Generation of Tamils to continue to Breed Hate and Divide in their children. And Yes.... The only way is Social Integration and while it may painful at the beginning it will Guarantee Lasting peace in the future.
R.S. Ganesan,
I cannot help the past, nor you… Sinhala Only Act was done away with Decades before I was even born. Those past injustices have been long since rectified… Sinhala Only act was repealed in 1959. So what is your grievance today? And lets not omit the fact that Tamil Politicians were equally responsible for the ethnic problems of the past… Afterall when they rode Side-Saddle to the British, above the Sinhalese, and never cared about Equality as long as they enjoyed a disproportionate amount of privileges,.. how do you think that effected the Sinhalese? Did you not expect a Backlash? So don’t bring up irrelevant events of past in this discussion.
My point here is the 13th Amendment will not help solve anything. To solve this there has to be a full scale Demolition of the Communalist walls that keep Tamils wanting to be Segregated from the Sinhalese and other Sri Lankans. The problem is in the Mindset of Tamils. This is the truth of the matter and everyone knows it.
Karuna,
Tamils can and should buy land ANYWHERE in Sri Lanka they like. As Equal citizens that is their prerogative, and conversely Sinhalese and Muslims and any other Sri Lankan citizen can do the same. The North or East do not belong to Tamils, it is not Reserved for Tamils, or even Entitled to them. This is the simple Fact of the matter.
Arul,
The beached of Trinco and Batty are better than Jaffna, that is not why I want to buy a Beach house there… Thanks for the tip though. My decision to buy land is not for economics, and I find it interesting you seem to try and tell me the reasons I should buy in the North? Last I checked my Financial Planner is still alive and well, soon as he kicks the bucket, I’ll be sure to call you.
And please, please, please look up the word “Communalist” before trying to use it in a sentence… You will find I am the opposite of that word in every shape and form.
Raf,
Wow! Now you get it! Well done… If Ethnic groups are indeed mixed and integrated then there won’t be Ethnic and Communalistic Infighting! LOL! Well Done Machan! I’m glad someone here understands what I have been advocating. You speak as though it is a bad thing? How is it BAD that Sri Lankan citizens of all Ethnicities integrate, inter-marry, and live in the same neighborhood? It seems to be what Tamils do whenever they move to White countries.. no complaints there? You see Raf,.. it is precisely this Ethnic Segregation – especially practiced by the Tamils that has caused and perpetuated this conflict. If we are to move away then the obvious and logical answer is integration,… not the 13th amendment which will only foster and aid Ethnic segregation.
And finally Senguttavan,
NEWSFLASH: Tamils are a Minority! Did you know that? No matter how your Communalist little mind tries to Slice and Dice it, that is what you are…It does not make you less of a Sri Lankan unless of course you have conditioned your Mind to think and Feel that way. No one is trying to Render Tamils powerless, least not me…I am trying to Render the Communalist Mindset Useless as I believe it is POISON and RACIST. Like I said, the difference between you and I is that I actually believe that on an individual level All people are Equal… I don’t subscribe to this Ethnic Divide nonsense which is what is in your Heart of Hearts as can be seen by your long winded scribblings. Whatever the reason I buy Land in the north is my own, Tamils, nor anyone else have a say in the matter, nor do I care.
E-mail me at devindaf@yahoo.com if you Disagree.
Devinda,
Your postings in these columns make it perfectly clear what your mind-set is.
The many readers' comments to your insensitive interventions is further proof
of what others think of your totally anti-Tamil bias. I am aware we are a minority in the island. 3-4 is much less than 15-16 tells my basic arithmetic.
My comments to you here was based on your oblique slant Sinhalese cannot buy land in the Tamil Homeland in the North. As to the rest of your comments here and before, it looks to me like you are holed somewhere in the US where you are emotionally upset. I don't know if you are in a ReHab. But, if not, for your own sake, do give it a try. But let me tell this you, younger buddy. You write well and your English is far superior to Jaliya W's, Lakshman Hulugalle's and all 3 Rajapakse's put together. Add 90% of our Cabinet as well. I am not suggesting one has to know good English to be in politics or run the country. But I figure you get the point like the pseudo-Sinhala patriots here who insist the boy who they seek as a match for their daughter's must know good English - not ingireesi. Once you are through the ReHab process you'll be a lovely lad to down a beer with. You can bring your Tamil doll along too provided she has her grey matter where it should be.
ISS
Devinda,
I following your verbage, you are dangerous for a society. Your kind of thinking never going to work in our mother land. Tamils need a respect not let them feel like second class citizens. I know how they feel living in south. They never feel secure in south, after 2 weeks thamasas go and find how they feel. if you want a peaceful silanka let them rule themselves. You and me know how these ruthless babaric bothers going to ruin our motheland,just wait and see. I hope you stay where you are dont come back. if you want buy a beach house buy in south before world class phedofiles ruin our motherland.