Dr. Sudath Gunasekara President Mahanuwara Sinhala Bauddha Sanvidhanaya 14.7.2011.
The ugly and awesome ghost that is the 13th Amendment that was based on the Indo-Sri Lankan Agreement of July 29th 1987 which I would call a veritable symbol of Indian imperialism, expansionism and naked diplomatic “ƒ”¹…”invasion’ has again begun to hover all over the skies of our beloved Motherland echoing fear, terror and disaster.
In the wake of this dreadful threat it had been reported in the press that the President has decided to go for a Select Committee of Parliament to evolve out a political solution to the so-called ethnic problem that is supposed to exist in the North and the East. It was also stated that the Select Committee is expected to come out with a solution within a limited time frame that will be implemented after approval by the Parliament. This could be the confused reaction of a helpless government in front of the Indian bullying and the so-called “International” threats.
Does this means the present government also, like what JR did treacherously in 1987, is preparing to offer a Dolapideni with the flesh and blood of the whole nation on a platter to appease the Indian and the so-called International Community in order to remain in power and go down in history as another pack of treacherous politicians? It was under pain of “ƒ”¹…”death’ threat J.R. Jayawardhana was compelled to sign the Indo-Sri Lanka Pact amidst island wide protest organized by the main opposition parties of the day like SLFP, MEP and JVP. More than 1/3 of his own Cabinet including the Prime Minister Premadasa, Defense Minister Atulathmudali and majority of prominent Ministers like Gamni Jayasuriya and Cyril Mathew, MPP and most intellectuals of the day were also against it. What is more is majority of the mahasangha who are called the guardian gods of the Sri Lankan nation led by the Mahanayaka Theras of the Three Nikayas were also against this Pact. But J.R. signed the pact under emergency law with the protection of the Indian government. Thereby he betrayed the sovereignty, integrity and the freedom of the country under Indian pressure as a hostage of the Indian government. However extant evidence shows that he had done so against his will. His decision to establish provincial Councils for the other seven Provinces and to give citizenship to all Indian labour on the estates outside the Indo “”…”Sri Lanka Pact may have been a device to counter any future threats from the Northern and Eastern Provincial councils and also to consolidate his power in the other parts of the country, though it also has been disastrous to the country.
Although he signed the Pact he did not implement all the provisions found therein. Probably he knew the provisions of the pact will kill the spirit of his own Constitution and further bring disaster to the country politically, economically as well as socially. Even after 24 years have gone by since the Pact was signed on July 29th in 1987 the devil that is the 13th
Amendment is not yet fully born. Mother Lanka had been struggling of unbearable pain of child birth. The warm blood that overflowed from her body over the past 24 years has soaked the length and breadth of the good earth of this Island nation. The illegitimate child stuck half way is also still-born and the mother Lanka is on the verge of death. Therefore I reiterate that it is the onerous duty of the present government to save mother Lanka before she dies, without any further delay, by a clinical operation of prudent statecraft that will finally remove the corpse that is the 13th Amendment which threats imminent death to both mother and child. This I think is the greatest expectation of the nation placed before the present government.
The communal Tamil political parties are only trying to fish in trouble waters. Their aim is to get by conspiracy what Pirapaharan failed to get by the bullet. Jayalalitha, Vaiko, Karunanidhi and the so-called Tamil diaspora are trying to get the EELAM on Sri Lankan soil what they could not in India. The Indian government is trying to get the support of the Tamilnadu for survival at the centre and also to consolidate her dominating position in south Asian region. Other political parties in Sri Lanka like the UNP and the JVP are also aiming to woo the Tamils voters to come to power. Those Ministers within the government who cry for 13 plus are only trying to get in to the good books of the President, very often without knowing the head or tail of the 13th A.
One might surmise that finally the President also will be compelled to give in to Indian Pressure to get out of this extremely complicated current political Tsunami just as J.R.J. did in 1987. That will bring to an end all the kudos he had won from the masses by defeating the LTTE terrorists and once again bringing this country under one parasol in 2009. Such a decision will end up as if he had broken the pot in the evening that fetched water from morning. Therefore I think he should think very deeply and act cautiously with prudence in order to save Mother Lanka and its 2500 year old civilization from this imminent disaster. In this regard I would like to remind him to ponder over the true meaning of the epithet “Thri Sinhaladhiiswara” conferred on him by the Supreme Sangha Council of the Malwatta Chapter. It is also important to remember that he is the only leader in modern history of this country, who had been honored with this high all time honor. The whole nation expects him to stand solidly just like an Indrakeela in the same manner he did when he was confronted with various threats during the war against the LTTE from 2006 to 2009.
I do not propose to delve in detail on the 13th Amendment here as many eminent lawyers, administrators, intellectuals and patriots both clergy and lay persons have written extensively on it over the past two and half decades. I will only attempt to state briefly its background and imminent dangers arising from its implementation either in full or parts and finally to propose a long term solution to resolve this cancerous issue.
Now first let me give the salient features of the Indo-Sri Lankan Agreement signed in 1987 by Rajiv Ghandhi and J.R. Jayawardhana
Extracts from the Indo-Lanka Peace Accord, 29 July 1987
1.1 Desiring to preserve the unity, sovereignty and territorial integrity of Sri Lanka;
1.2 Acknowledging that Sri Lanka is a “multi-ethnic and a multi-lingual plural society” consisting, inter alia, of Sinhalese, Tamils, Muslims (Moors) and Burghers;
1.3 Recognizing that each ethnic group has a distinct cultural and linguistic identity which has to be carefully nurtured;
1.4 Also recognizing that the Northern and the Eastern Provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples, who have at all times hitherto lived together in this territory with other ethnic groups;
1.5 Conscious of the necessity of strengthening the forces contributing to the unity, sovereignty and territorial integrity of Sri Lanka, and preserving its character as a multi ethnic, multi lingual and multi religious plural society in which all citizens can live in equality, safety and harmony, and prosper and fulfill their aspirations;
2. Resolve that
2.1 Since the government of Sri Lanka proposes to permit adjoining provinces to join to form one administrative unit and also by a referendum to separate as may be permitted to the Northern and Eastern Provinces as outlined below:
2.2 During the period, which shall be considered an interim period (i.e. from the date of the elections to the Provincial Council, as specified in para 2.b to the date of the referendum as specified in para 2.3) the Northern and Eastern Provinces as now constituted, will form one administrative unit, having one elected Provincial Council. Such a unit will have one Governor, one Chief Minister and one Board of Ministers.
2.3 There will be a referendum on or before 31st of December 1988 to enable the people of the Eastern Province to decide whether:
a) The Eastern Province should remain linked with the Northern Province as one administrative unit, and continue to be governed together with the Northern Province as specified in para 2.2 or:
b) The Eastern Province should constitute a separate administrative unit having its own distinct Provincial Council with a separate Governor, Chief Minister and Board of Ministers
The President may, at his discretion, decide to postpone such a referendum.
2.4 All persons who have been displaced due to ethnic violence or other reasons, will have the right to vote in such a referendum. “¦
2.6 A simple majority will be sufficient to determine the result of the referendum. “¦
2.9 The Emergency will be lifted in the Eastern and Northern Provinces by August 15, 1987. A cessation of hostilities will come into effect all over the Island within 48 hours of the signing of this Agreement. All arms presently held by Militant Groups will be surrendered in accordance with an agreed procedure to authorities to be designated by the government of Sri Lanka. “¦
The process of surrendering of arms and the confining of security personnel and moving back to barracks shall be completed within 72 hours of the cessation of hostilities coming into effect. “¦
2.11 The President of Sri Lanka will grant a general amnesty to political and other prisoners now held in custody under the Prevention of Terrorism Act and other Emergency Laws, and to Combatants, as well as to those persons accused, charged and/or convicted under these Laws. “¦
2.14 The government of India will underwrite and guarantee the resolutions, and co- operate in the implementation of these proposals. “¦
2.16 These proposals are also conditional to the government of India taking the following actions if any Militant Groups operating in Sri Lanka do not accept this framework of proposals for a settlement, namely,
a) India will take all necessary steps to ensure that Indian territory is not used for activities prejudicial to the unity, integrity and security of Sri Lanka.
b) The Indian Navy/Coastguard will co-operate with the Sri Lanka Navy in preventing Tamil Militant activities from affecting Sri Lanka.
c) In the event that the government of Sri Lanka requests the government of India to afford military assistance to implement these proposals the government of India will co-operate by giving to the government of Sri Lanka such military assistance as and when requested.
d) The government of India will expedite repatriation from Sri Lanka of Indian citizens to India who are resident here, concurrently with the repatriation of Sri Lankan refugees from Tamil Nadu.
e) The government of Sri Lanka and India will co-operate in ensuring the physical security and safety of all communities inhabiting the Northern and Eastern Provinces. “¦
2.18 The official language of Sri Lanka shall be Sinhala. Tamil and English will also be official languages.
Annexure to the Indo-Sri Lanka Agreement
2. Similarly, both Heads of Government agree that the elections to the Provincial Council mentioned in paragraph 2.8 of the Agreement will be observed and all para military personnel will be withdrawn from the Eastern and Northern Provinces with a view to creating conditions conducive to fair elections to the Council.
3. The President, in his discretion, shall absorb such para military forces, which came into being due to the ethnic violence, into the regular security forces of Sri Lanka. “¦
5. The President of Sri Lanka and the Prime Minister of India agree that a Joint Indo Sri Lankan Observer Group consisting of qualified representatives of the government of Sri Lanka and the government of India would monitor the cessation of hostilities from 31 July 1987.
6. The President of Sri Lanka and the Prime Minister of India also agree that in terms of paragraph 2.14 and paragraph 2.16 (C) of the Agreement, an Indian Peace Keeping Contingent may be invited by the President of Sri Lanka to guarantee and enforce the cessation of hostilities, if so required. Source: University of Western Sydney Library
These extracts clearly show how Sri Lankan government has succumbed to Indian bullying and pressure and become subservient to Indian dictation.
The 13th A to the Constitution was bases on the spirit of this pact, though JR has even gone beyond its provisions in providing for Provincial Councils and citizenships to Indian Estate Labour. Therefore the 13th A should be seriously and carefully viewed in the backdrop of Rajiv-JR Pact and subsequent additions by JR, without just scratching the surface of the 13th A as most people do, in order to understand the true and sinister Indian intentions and the cunningness of our own politicians behind it.
The Indian government has acted very vindictively ever since the JR government came in to power in 1987. The policies pursued by the Indian Government towards this country and the public statements made at various times by Indian leaders amply prove this. Providing military training for LTTE cadres within the Indian soil, proving them with arms, Rajiv’s famous statement at Chennai where he said that he will bring Sri Lanka also within its radar like Bhutan, gifting Rajive’s bullet proof jacket to Pirapaharan, dropping food and arms to LTTE cadre in Jaffna violating our territorial rights, invading our territorial waters and bullying and exerting pressure through Dixith on the Sri Lankan government and terrorizing old JRJ were some highlights of their aggressive attitude. The Indo-Lanka Pact 1987 was the culmination of this military and constitutional aggression.
What the Indian Government did through the 13th A was therefore amending and shaping the Constitution of Sri Lanka to suit its own malicious political agenda. This was a stupid and naked invasion of Sri Lanka by India violating all accepted and civilized international norms. Of course Rajive had to pay dearly with his life before long for the crimes he committed against us. Had he listened to the warning we gave him few months before regarding his decision to support the LTTE, he could have been among the living even today. Even those Sri Lankan leaders who supported the Pact also faced similar consequences in due course.
I am surprised and lost to understand as to how and why the present political leadership of the same patriotic forces who represented such a volatile and aggressive policy against the Rajiv JR pact in 1987 is now blindly trying to pursue with the 13th A as a solution to the so-called North””…”East problem.
Acceptance of the 13th A with or without amendments by this government or any in the future will definitely be tantamount to,
1 The acceptance of the 13th A as a feasible solution to current problems
2 Giving in to Indian bullying, expansionism and invasion, not only in political, economic and social terms but also in legal terms.
3 Giving legal teeth to it once again even though legal experts have declared is illegal even in 1987
4 Betraying all what the patriotic forces have won at the expense of thousands of lives and billions of rupees under the leadership of the President and paving the way for the EELAm and fulfilling the aspirations of the Tamil communalists and
5 Drawing the curtain down for the 2500 old Sinhala civilization
Now let us draw our attention to the proposed Parliamentary Select Committee
In my opinion no further discussions at all should be had on the 13th A at any level. I think it had been debated and discussed enough over a period of a quarter century now. It should be repealed forth with and a new Constitution based on the traditions of the country should be the answer for this problem. Therefore the question of a Parliamentary Select Committee does not and should not arise at all at this stage. In whatever form it comes, finally it will open the doors to EELAM. The majority of Tamils live among the Sinhalese, in the south of the country. Not only they but even the ordinary Tamils and the educated Tamils in this country are not concerned in the form of the government. They want to live amicably with the majority community as they had been living here for centuries as citizens of this country. It is the communal minded Tamil politicians who want the EELAM. It is their bread and butter. They know they cannot survive politically without such communal rhetoric. They are the people who run to India all the time even for a call of nature and drive the communal wedge and set the flame burning for their narrow and selfish political survival. They have one leg in India and the other in Sri Lanka, perhaps with their head always in India.
A Parliamentary Committee consisting of members belonging to different political parties with diametrically opposed agendas whose main aim is political power and personal gain rather than public good can never reach agreement on this issue. Not only they don’t have the expertise required to handle such a delicate issue. What is more is actually present day MPP are not true representatives of the people. They only represent the Chintanayas of their party leaders and the policy of the party. Under the present proportional representation system most former electorates do not have any representative in Parliament. Kandy district alone has eight such electorates which have no representatives in the present Parliament. As such representative democracy today in this country has become a mockery and a big joke. What is more is it is the self seeking power-hungry politicians who have created these problems. Therefore it is definitely not the best forum to evolve a rational solution to such a crucial issue that decides the fate of the nation. At this point it reminds me of the famous Sinhala story of “Ibbangen pihatu balaporottuviima”. As such it should never be left only in their hands. It will be like putting a poultry yard in charge of a pack of foxes. If the government thinks that the recommendations already available are not enough it may go for a committee of patriotic experts in Law, Administration, Statecraft, History and Customs of this country and bring their recommendations before the Parliament. The government also has the required 2/3 to get such laws passed before it is presented for national referendum.
Now let me tell you how the setting up of PCC under the 13th A, perhaps the only implemented part there off, though partially, has affected the country and why the 13th A should not be pursued any longer in the interest of the country. The Provincial Councils are based on the administrative divisions called provinces invented, more or less on an ethnic basis, by the British to implement their divide and rule policies in 1833. This is a perpetuation of the same strategy of course with added ethnic dynamics to it by India through the 1987 Indo-Sri Lanka Pact. It had led to unprecedented Political and administrative disunity, chaos, corruption and multiplication of administrative and political institutions beyond the means of this country. Proliferation of political and administrative institutions that has led to an increase of politicians and public servants whose maintenance has become a big headache to the national budget. Strengthening the base of political parties and finding employment to petty and corrupt politicians and making them rich at the expense of the country is the only plus factor witnessed in this change. 95% of the allocations to Provincial Councils is said to be spent on maintenance of new creations without which the country can be government better by saving all that money for development.
Here again I reiterate the crying need for a new constitution for this country that could fulfill the aspirations of all its citizens and make this country once again a paradise on earth. The proposed state will have no ethnic, religious or linguistic conflicts; there will be no quarrelling on allocation of resources or devolution of political power. That is the time tested Tunrata system (Ruhunu, Pihiti and Maya) that has governed this country for 2242 years (247 BC to 1815 AD), perhaps the only country which can boast of such a stable system for such a long time in the whole world.
This will be governed by a people friendly central government, three Rata Sabhas and a network of Gamsabhas. The colonial legacy of the concept Provinces will vanish under this system. A President elected by the people, a lean Cabinet of Ministers, three Governors and three Chief Ministers assisted by a Parliament at national level, 3 Rata Sabhas in the periphery and an appropriate state machinery will run the country. Under this system it is expected to bring down the present number of nearly 99 politicians in the Parliament and the Provincial Councils to about 280 thereby reducing government expenditure by 2/3 the present. The enormous savings could be used for the development of the country.
Furthermore statesmen of high integrity and character, of course with some education and means, dedicated for the service of the people, an independent judiciary and equality before the law and an Independent public service will be the hallmarks of this system. Everyone here from the President to the beggar in the street will be equal before the law. There want be a privilege of impunity for anybody. Decisions will be taken at national level by general consensus (mahasammata) and in the periphery according to the wishes of the people at the village council level.
As I have spelled out the details of this proposal many a time before over the past two decades I do not propose to strain my readers here by loading them with details.
In the new system of governance the power of Dhamma will supersede the power of the state and it will be dedicated for the good of the people unlike in the present system where the government is called the government by the politicians, for the politicians and of the politicians. All ghosts of western imperialism and Indian interference in our internal matters will vanish with the new system in office. The words North and East like the South and West will connote only a geographical location thereafter. Then the South Indian and Sri Lankan communal Tamil politicians and the so-called Tamil diaspora, throughout the world will have no land base within Sri Lanka to talk about an EELAM “”…”a traditional Home Land of Tamils. There want be an Ilankai either for anyone to talk about. One can only see one country called the resplendent Sri Lanka and also one nation called Sri Lankan.
Thereafter you want be able to see ‘Sri Lankan citizens’ who show allegiance to either South India or the Arab world. All EELAMists both here and abroad can establish the EELAM on the soil of their true historical Motherland- that is Tamilnadu in South India. Thereafter they can go for the World Federation of Greater EELAM encompassing India, Madagascar, Mauritius, Male, Andaman Isles, Malaysia and Fiji Isles the dreamland of Appadorai and Chelvanayakam from 1947. Then they need not crave or fight to establish EELAM in this country. Incidentally in any case the EELAM had been already here from the advent of Vijaya. EELAM in Tamil actually means the “ƒ”¹…”land of the Sinhalese’ that great land dedicated thrice to Lord Buddha. So this country will ever remain the “ƒ”¹…”Land of the Sinhalese’ and the Land of the Buddha forever thereafter, until the sun and the moon shall shine over its skies.