Dr. Sudath Gunasekara President, Senior Citizens Movement Mahanuwara 4.1.2012                      

Although we have defeated the 30 year old LTTE curse, once again the agitation for a de-facto EEAM in the North and the East by the communal Tamil politicians appear to be raising its ugly head as the TNA and its allies are clamouring for land and police powers to the PCC and their agitation for a re-merger of the North and East. As its latest move the TNA has threatened to resort to civil disobedience movements if the government fails to devolve police and land powers to the north and East. Their claim is also supported by the Colombo based Democratic People’s Front (DPF) leader Mano Ganeshan who has challenged the UNP dissident group to state its stand and yesterday accused the government of failing to address the legitimate grievances of Tamil speaking people. He also has said that the government has failed to devolve powers to the provinces in line with the 13th Amendment to the Constitution. UNP and several other factions like Wickramabahu’s NLSSP and the Sri Lanka Muslim Congress also support devolution under the13th A. The dream of the Muslim Congress is a separate autonomous Muslim unit (Kalisthan) in the eastern Province. They think by supporting Tamils for a separate unit in the north their own claim would be made easier.

Besides these external elements one has also to be mindful of the strong pro-devolution elements within the government itself. The bankrupt and senile leftists, the Muslim Congress and some of those who have migrated from the UNP for greener pastures including portfolios and privileges who continue to dig tunnels under the Presidents very feet are the most dangerous among them. The President may have to be even more careful of these elements who get their private agendas fulfilled on the sly by being in the government singing the Mahinda chintanaya song day and night. It would be advisable to be cautious of them more than the external forces, as they are invisible like snakes under grass.

Although none of these protagonists of devolution clearly say as to what they mean by legitimate grievances of Tamils are and what powers should be devolved, obviously they all agitate in unison for independent autonomous Tamil and Muslim political entities for these two provinces while claiming equal rights for them in all other parts of the Island. In short that is the substance of these vociferous arguments. Their number one priority for the establishment of the EELAM and Khalisthan is territory. That is why they ask for land power. The fact that land and police powers are devolved powers under the 1978 Constitution makes this claim stronger in legal terms as well as in international circles. President Mahinda Rajapaksa in a recent meeting with newspaper editors has said that the government was not willing to devolve land and police powers to the Provinces, in line with the 13 amendment to the constitution. Perhaps as a person who is concerned with territorial integrity for sustaining the Sri Lankan State he may be fully aware of the dangers and long term implications of giving these powers to any PC. Also it may be that he knows devolution of land and Police powers to N &E PCC is the first step for the EELAM. So far he is the only Head of any political party, even among the constituent parties within the government (may be with the exception of JHU) who had said no to such devolution. But one has to remember that it is a very moot point as it clearly contravenes the existing Constitution.  
Under this scenario Jayalath Jayawardhanas challenge to the government to either devolve land and police powers to the Provincial Councils or abolish the 13th Amendment to the Constitution appears to make lot of sense.
As such I do not think his challenge could be so easily dismissed as a joke as Keheliya Rambukwella has lightly said. Jayawardanas comment also has to be taken more seriously as it comes from the Deputy Secretary General of the UNP that is supposed to be the main opposition party in Parliament. Meanwhile running contrary to Rambukwellas comment Nimal Siripala de Silva who leads the govt’s delegation is reported to have said (ST Jan 1) that the govt is now ready to discuss with the TNA how to implement limited land powers enshrined in the 13th Amendment to the Constitution. He also has further stated “Not only land, but we will also discuss a number of other issues.” Again the following news statement contradicts what he had said earlier. (Jan 2 BBC). “Neither India nor other country can dictate how our country is governed,” he said in response to a question by BBC Sandesaya. This shows that none of these politicians know what they are talking about.
Tamil politicians talk loud to deceive the Tamil people; leftists and intruders within the government talk and sing the Mahinda chintanaya song to deceive the President and the SLFP politicians also do the same thing in order safeguard their own positions.  They all know that survival in their positions is entirely dependent on the Presidents pleasure.  
One thing I note in Jayalath’s challenge is the confidence with which he had thrown the gauntlet. I think he must be harping on the constitutional provision under the 13th A. Knowing the man as he is, he will next take it to the international forum and perhaps even to the court, which will makes things still more complicated. Further responding to Rambukwella, according to Shamindra Ferdinando, UNP Deputy General Secretary, says that UPFA spokesman Media Minister Keheliya Rambukwelle is obviously ignorant of a recent statement issued by India reiterating its commitment for the implementation of the 13th Amendment to Sri Lanka’s Constitution and the responsibility on the part of the government of Sri Lanka to go even beyond that. This also confirms what I guess on his thinking. He appears to talk on the presumption as if Sri Lanka has already ceased to be an independent, sovereign State. Meanwhile the Indian Foreign Minister is also due to be in the Island this week for negotiations. Is it not a classical “ƒ”¹…”Antojata bahijata’ situation in the Island’s political climate?
In all these arguments and cross arguments there are few common and prominent words that surface above all others. For example Devolution of power to the Northern and Eastern Provinces, granting legitimate grievances of Tamil speaking people, the 13th Amendment, a political solution/settlement, reconciliation, pressing needs of the people in the North and the East, land and police powers to the North and East Provincial councils and re-merger of the North and East. Further it should be clearly noted that in all these instances the geographical unit of proposed devolution is the  re-merged N&E Province; the legal basis  highlighted is the 13th amendment,  the ethnic basis is Tamil and finally the political basis is a separate Independent self governing Tamil ethnic unit that will finally lead to separation from the Sri Lankan State which will ultimately merge with the Tamilnadu in south India that will take away 1/3 of the total land area and 2/3 of the coastal and marine territory of this Island nation. This is the stepping stone to their dream EELAM which Pirapaharan and  Chelvanayakam fought for and Sampandan, Mano Ganeshan and all other  communal Tamil politicians, both here and across the Palk Straight in South India are dreaming. This is exactly for what the LTTE had been fighting for 30 years. From this you will see that although Prabhakaran and most of his local lieutenants are gone the Tami Communalists both at home and abroad, like venomous snakes under grass are still active as a dangerous separatist force.  Meanwhile the recently concluded LLRC has further complicated this issue by making generalized and sweeping statements like “that the present situation provides a great window of opportunity to forge a consensual way forward towards reconciliation through a political settlement based on devolution of power. We recognize that is imperative to addressing the root cause of the conflict and notes that the Government should provide leadership to a political process which must be pursued for the purpose of establishing a framework for ensuring sustainable peace and security in the post-conflict environment”. I hold the view that the LLRC has exceeded its mandate by making this kind of unwanted sweeping statements outside their mandate and thereby added more fuel to the burning communal fire.
On the other hand although the President had said that he will not devolve these two powers to the PCC, it is highly debatable as it forms a part of the existing law. Therefore in my view as a first step, the government should amend the Constitution removing these powers as devolved subjects if it intends to not to devolve land and police powers before it make such public state.Those who are conversant with the far reaching disastrous implications of the 13th A will know that lad and police powers are only the tip of the ice berg that is destined to wreck and sink the Sri Lankan ship. Although one can argue that the 13th A is already a defunct document in view of non-implementation of some of its provisions like those pertaining to devolution, merger of north and east and setting up of PCC in all other Provinces outside its mandate, we should not forget that it still forms a part of the Sri Lankan Constitution.
Under this scenario it is futile to expect to reach consensus by all stakeholders at the proposed Parliamentary Select Committee (PSC). Therefore appointing a PSC comprising the above elements with extremely divergent views on this issue will only be a waste of time. The PSC will only die a natural death like the proverbial kendaheliya of the seven Andis. Therefore as we have consistently reiterated over the past 30 odd years that use of military force is the only way to defeat the LTTE and no negotiation will ever take us anywhere, similarly the only way to get over the present political impasse and to eliminate the remnants of Tamil Communal and separatist politics is the removal of the root cause and mattes connected therewith or incidental thereto communal politics from the soil of this country. Neither negotiations nor 1000 PSC will be able to solve this problem.
If we go on talking indefinitely like this one can vouch that it will finally end up with the setting up of de-facto EELAM in these two Provinces by these communal elements with the assistance of the so-called Tamil Diaspora, Tamilnadu and the pro-LTTE international lobbies Therefore the need of the hour is quick action before it is too late and definitely not time wasting talks.
If you carefully analyze all these ramifications you will find that the root cause of this mess is the anachronistic colonial political division of the country, the 179 year old Provincial system, introduced by the British to keep the nation divided and eternally quarrelling. This artificial division facilitated ethnic segregation and polarization. Added to this is the 13th Amendment (1987) imposed on us by the Indian government. These two banes together provide the fertile ground for communal politicians and international conspirators and their agents to sow the seeds of separatism and communal politics in this country. So if these two causes are removed their effects too will cease to exist. Had we gone back to the pre-1815 position of the political map (the Tun Rata) that was there from 427 BC and re-established that time tested geopolitical map along with appropriate constitutional measures in 1948, I think none of the present day communal and ethnic problems would have ever emerged. 
In my opinion this is the best time in our history to rectify this historical blunder and restore that 2260 old time tested homemade political system and effect the necessary constitutional changes by promulgating a new Constitution to consolidate political stability, territorial integrity and bring about economic social and cultural prosperity and resurgence to make this Island nation the pride of Asia as the government  has already declared.
The following factors I think have set the favourable environment in support of my above argument.
1 The incumbent President has clearly declared that he is committed to safeguard the territorial integrity and sovereignty this Island nation at any cost on the basis of one country one nation concept. He also has said he iscommitted to a no devolution stance to PCC on land and police powers.
2 He also enjoys enough executive power to t implement such changes
3 He has the 2/3 majority in Parliament
4 He also has public support to make such far reaching changes
It is very unlikely that a combination of all these powers and positive factors will ever be present in any foreseeable future date as it had never been there even before, since the fall of the Rajarata civilization in the 13th century.
Such a historic decision taken at this time will also help him to mend any lapses on the part of his government during the immediate past and he will definitely go down in history as a leader   who ushered in a turning point in the history of this country.
Until such concrete measures are taken, first I think the President should not allow every Dick, Tom and Harry to make irresponsible statements and give interviews to the media at home or abroad on this issue. It is advisable to have one official spokesman who knows the subject and the government policy to do so. Second amend the constitution removing land and police powers and then go for removing all the other undesirable elements like the PR system, the provinces and Provincial Councils that constitute a white elephant and a dead weight and replace them with  District as the basic administrative units in the periphery in order to effectively implement and consolidate this  new system and thereafter finally go for a new Constitution and install the Tun Rata as the basic administrative structure of this country.
After all I do not know whether there is a 1978 Constitution at all to be amended or replaced as it exists today.
It has already been now amended 18 times, starting with the Rajadurei (1) and Pilapitya (2) amendments and ending with the 18th Amendment in 2011. The 1978 Constitution as many people see now is virtually a dead letter. In my opinion as a layman, it has ceased to function as an instrument of public good in practice. High sounding words like sovereignty of the people, rule of law, independence of the judiciary and representative democracy, fundamental rights and free elections and good governance also have ceased to have any conceivable meaning. A Constitution of a country is supposed to be the supreme document that embodies the highest law of the land that upholds and guarantees these high principles and rights and makes the government “ƒ”¹…”a form of government  by the people, for the people and of the people’. In this country today both the Constitution and the government have virtually become “ƒ”¹…”things of the politicians, by the politicians and of the politicians’. A total reversion of this situation for the good of the people and the good of the country is what the people want today.
It is my considered opinion that this ground plan is the most suitable basis for Sri Lanka for managing all its physical as well as human resources most effectively and economically. The new system will also drastically reduce the political and administrative costs almost by 2/3 as a result of reduced number of politicians, and public servant and allied institutions as I have pointed out many a time before in these columns.
Incidentally ours is the only country in the world that has sustained a single geopolitical map of this nature 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 that connotes a given location or direction.  No one can then claim exclusive rights over any region in this Island on an ethnic basis thereafter.