Dr Sudath Gunasekara: President Mahanuwara Sinhala Bauddha Jesta Puravesiyange Sanvidhanaya 18. June. 2011

It was reported in the press on 14th June 2011 that the government has decided to assign the Parliament the task of drafting a political solution to the so-called North-East crisis. Further it is learnt that President Mahinda Rajapaksa would make a request to the Speaker to appoint an All-Party Select Committee within this week to proceed with the task. It is also reported that the government has decided to have the political solution prepared by the Parliament Select Committee within a limited time frame and that will be implemented after approval by Parliament.  Apparently this entails the readiness on the part of the government to stick to and to go ahead with the externally manipulated and most controversial and dangerous piece of legislation in the history of this Island nation.
I do not propose to delve in detail on the 13th Amendment, its content and history and dangers on the Sri Lankan sovereign state as the subject has been already covered by many eminent lawyers, scholars and critics over the past twenty four years.  The object of this note is to ring alarm bells and draw the attention of the general public to the government’s decision to implement a “political solution prepared by the Parliament Select Committee within a limited time frame”. This attempt in my opinion should never be allowed to go through without the approval at a referendum for the reasons I give below in this paper. This is definitely not an issue for which solutions could be found “within a limited time” Nor should it be rushed into merely on a narrow political agenda prepared only by politicians. Because  it is going to decide the future destiny of this 2500 year old Island nation.                                                                                                                                                               Implementation of the 13th Amendment in full or part will definitely lay the foundation for the EELAM for which Chelvanayagam and Prabhakaran fought and all Tamils are still dreaming. It will completely alter the political map and the character of this 2500 years old nation.  As everybody knows the 13th A is only a monstrous design- to use a local parlor a huniyama- imposed on this little Island nation by force by India to divide this Island nation and keep its governance eternally destabilized to achieve her sinister political goals.  Already the Provincial Councils have done enough damage during its existence over the past 24 years. It has not only wasted billions of public funds but also has created more confusion than good governance and multiplied duplication and overlapping than economy in the affairs of the government. Over the years the only thing it has done in my opinion is strengthening the political base of the parties in the periphery and finding lucrative employment to party henchmen and thereby wasting public funds . Should the people of this country lie low and allow this historic national tragedy to continue and push this country from the prying pan to the hearth? This I think is the million dollar question all patriotic people of this country should immediately draw their attention to. The question of whether with or without land and police powers does not arise in this context. The whole amendment in my opinion should be dumped in to the dust bin of history hook, line and sinker. That is the only solution I can think of to get rid of this vexed riddle and save the country from this monstrous piece of legislation. Any attempt made to keep even a part of it will end up only in total disaster.
Going by the history of the dead All Party Conference and many a Select Committee Reports one might opine that this will also end up with the same fate at the end. Opponents also could argue that this move is also only another attempt to mark time by the government.  In a way marking time may be a wise political strategy as some times, time could heal what hasty decisions might fester. But such strategy also has its inherent dangers. In the context of contradicting statements issued by different ministers and sections even within the government itself at different times I am still to be convinced not only about the practicability but also the genuineness and the seriousness of the government on this issue. For example while the President was reported to have said that his government will not give land and police powers Ministers Keheliya and Vasu  say we should go even beyond the 13th Amendment. They remind me the story of the seven blind men who described the elephant. This situation clearly shows that there is no unanimity and clarity on this matter even within the government rank and file.  On the other hand already the UNP and the TNA have opposed this move. Of cause the TNA is very clear on this matter. They have not only opposed it but they are now asking for a re-merging of the two Provinces. They want to get all powers the LTTE could not get through the bullet and nothing less. The UNP as usual is sitting on the fence hoping to woo the Tamil vote as all opposition parties have done in the past. Meanwhile the government is also preparing for the Provincial and local government elections in the Northern Province. This reminds me of the famous kendaheliya of the seven Andi we have learned in the kindergarten. One must also not forget the fact that the people of this country have very little respect or regard or the caliber and character of our politicians. They seem to have lost their credibility as statesmen beyond repair. The common word “Magodis” used in the media to describe them aptly shows the appalling levels to which they have fallen. As it is the day they will rise against this Magodis culture may not be that far.
With regard to what the President has said, only he will know what he has in his mind? But even a man on the street will understand that others only cat out what comes to their mouths spontaneously without knowing what the drastic implications of the 13th Amendment are. This is quite understandable going by the quality and the nature of the present day politicians who are concerned only with political power and their own wellbeing.  Nevertheless I still have a ray of hope, though a bit difficult to fathom, on the President whom I hope will take the correct decision at the correct time.
The government’s decision to appoint a select Committee on this matter of cause marks a significant departure from the normal practice of our governments of imposing their will belligerently on the people without even listening to the opposition in Parliament, either making use of its majority in the House or by using state force under emergency as it had been amply demonstrated many a time in the past, particularly during the post-1987 period, killing all accepted democratic principles, justice and fair play. The present decision taken in isolation without any prejudice to its rather questionable rationality appears to be even more significant and more democratic as the government could have easily bulldozed its agenda through Parliament as it has a two third majority.
Moreover in spite of the fact that it had been pointed out by Wanasundra and others as unconstitutional before it was adopted by the then government in 1987 13th amendment is already a constituent part of our law. Therefore the Presidents statement on land and police powers to the Provincial Councils contravenes the present Constitution.  Tamil political parties will also vote against any such solution that does not include land and police powers.  Already UNP MP R.Yogarajan has (June 16 DM) declared the government’s decision to appoint a Parliamentary Select Committee to work out a political solution to the national question as a ploy adopted to overcome international pressure. The TNA, TULF and the likes will definitely follow suit. As such in any case the Parliamentary select Committee want be able to come to a common consensus on this issue. In the light of this background the option open for the government is to pass its own package in Parliament by using its majority.  One can imagine the situation that would arise in the country thereafter.
Even if an all party Select Committee comes to a consensus and the Parliament passes it there are even more serious reasons why such a package that is aimed at finally deciding the political fate of this nation should not be implemented merely by passing it by the Parliament. In my opinion any such changes has firstly to be carefully studied by a group of expert constitutional lawyers, competent patriotic statesmen and administrators. Even after that it should be made mandatory to be approved by the people of the whole country at a referendum before it becomes law. Because, under the present Constitution sovereignty is in the people and is inalienable.
Although members of parliament are said to be the representatives of the people we all know that in reality after the introduction of the proportional representation system they are no longer our representatives. They only represent their own interests. Today they have virtually ceased to be people’s representatives. In fact a large number of former electorates today do not have representatives in parliament to represent them. (In Kandy district alone there are eight electorates that do not have representatives in Parliament). Once they go to Parliament they make laws only to consolidate and perpetuate their own power base. The best example is the 1978 Constitution and its amendments which were carefully designed to achieve these political and personal goals.
On the other hand a select Committee will comprise only of elected members belonging to different political parties in Parliament. They do not have a national vision or a long term strategy to steer the country towards long term economic and social prosperity. As prisoners and slaves of narrow party politics and hostages of party leadership (in this regard Tamils have only communal interests) one cannot expect them to work with a broad national agenda. Although technically they are supposed to be representing the people who have elected them in this country none of them represent the interests of the people after they are elected. They only look after their own private interests by meekly cowing and bowing down to party leadership who always place their own agenda with least regard for the good of the people. None of these parties have a far reaching political vision or a national policy that could take the country forward. This is the biggest tragedy that has marred all the political parties in this country since 1948. Their main concern is political power. They want to consolidate the power they have manipulated and remain in power as long as possible and then pass it on to members of their own families as a hereditary heirloom.
Of cause there may be one or two exceptions. But in a country where political power is finally dependent on the number of votes you get and more particularly the swing of the minority vote political decisions are always manipulated to enable to collect the votes.  Even the constitutions are made with these objectives in mind. This is why I say that no proposed political solution to the present crisis should be made law without approval at a national referendum.
 The tragedy is that none of our politicians or political parties is bold enough to say that this country has only one nation (jatin). You listen to any politician down from the President to the Pradesiya Sabha member and perhaps all media sources they always use the word jatin to identify the different communities (Sinhala,Tamil and Muslimm etc) in this country. It is a tragedy that these people don’t realize that any given country has only one nation. Very often we also hear terms like bahujatika and bahu agamika to describe the Sri Lankan nation. This Island has been called Lankadeepa or Sinhaladweepa from the very inception of history (at least from the advent of Vijaya in the 543 BC) although there were people belonging to different communities like Tamil and Muslim in varying numbers all over the country. Buddhism had been the State religion from 307BC. Sinhalese are the people who founded the civilization on this Island. Therefore, as a country, historically this Island belonged to the Sinhala Buddhists as much as Tamilnadu belongs to the Tamils. Buddhism had been the State religion from the 4th century BC up to 1815. What do our politicians demonstrate by not boldly stating these facts and resorting to such false strategies? Is it hypocrisy or naked ignorance or both?
What the country needs today in my opinion is not political patchwork. It needs a new and solid constitution based on its own traditions, a vision and a philosophy, a government with a long term national plan and a political map- a framework on ground where the policies could be implemented that will do away with the colonial legacy of provinces- the bane of divisive politics in this country an independent public service and a Judiciary independent from politics where rule of law will prevail. Even after 63 years of Independence we are still groping in the dark fighting among ourselves being unable to find our alignment as a free nation. I can vouch that no government within the present political culture with or without the 13th amendment can take the country out of the present mess with the present Constitution.  Therefore the urgent need for a new constitution based on the time tested traditions and history of the country and that guarantees an undivided country with one nation that owes allegiance only to this country.
The new Constitution must get rid of not only the Provincial councils but also the very concept of the Province in governance- the curse that was imposed on us by the British to achieve their sinister goals of divide and rule policy and ruin this Island nation. In this context I strongly suggest that we go for a complete new political system based on a new philosophy and vision and a new political map for this country.  The philosophy must be based on the principle “The wheel of power has to turn in dependence on the wheel of righteousness” and further it should be guided by the Dasaraja Dharma as enunciated in Buddhist teaching. The political map I propose is the time tested Tun Rata that has been the basis of the Sri Lankan State for 2242 years from 427 BC to 1815 AD. This ground plan is the most suitable basis for Sri Lanka for managing all its physical s well as human resources. Incidentally ours is the only country in the world that has sustained such a geopolitical map for such a long period in history. ( I have written more than 10-15 articles giving full details on this proposal over the past 15 years though no politician has taken it up seriously at any forum) Once the Tun Rata is adopted the terms North and East like the West and the South will connote only a geographical meaning.  No one can then claim proprietorial rights over these areas on an ethnic basis thereafter.