Professor Sellakapu S Upasiri de Silva

Indo -Sri lanka Accord (agreement) was signed by the President of the Democratic Socialist Republic of Sri Lanka His Excellency Mr. J. R. Jayewardene and the Prime Minister of the Republic of India his Excellency Mr. Rajiv Gandhi in Colombo on July 29, 1987, to establish peace and normalcy by resolving the ethnic problem for the safety, wellbeing and prosperity of people belonging to all communities of Sri lanka.

The text of the Accord included the following statement to prove that this Accord is a contract agreement between the two parties: Have this day entered into the following agreement to fulfil the objectives.

If this agreement is to form a contract it should meet the following legal requirements for the contract to be a legally binding contract:

· Offer & Acceptance
· Consideration
· Capacity to Contract
· Consent of parties
· Intention

A contract is simply an agreement which is enforceable at law. To be enforceable it must be clear that the parties intended the agreement to be legally binding. They can only be established if the requisite intention to be bound can be established. The test of intension is objective. The courts look at what was agreed, the circumstances surrounding the agreement, the words used by the parties, the effect of the agreement on the parties and whether their subsequent action indicate a belief on their part that the agreement was binding. Depending on the type of agreement a presumption may arise that either the requisite intention was present or that it was not.

If this is a social and domestic agreement there is a rebuttable presumption of law that the parties did not intend their agreement to be legally binding.

If this agreement is a business or commercial agreement there is a rebuttable presumption of law that parties did intend to be legally bound by their agreement.

As the parties intended that this agreement intend to be legally bound then this agreement will come under the business or commercial agreement and the parties are intending this agreement to be legally binding. Now the million dollar question is, is this agreement (contract) legally binding? With business or commercial agreements the presumption can be rebutted by the person who alleges lack of contractual intention proving that the agreement was not intended to be contractual.

So we are in a legal dilemma here as this agreement (contract) has not met the Acceptance, Consideration, Consent of Parties and Intention. This agreement entered between the Government of Sri Lanka and the Government of India has not met these legal requirements, any court of law may declare this agreement null & void or illegal.

The government of Republic of India, according to documented evidence, has never consulted the President of the Democratic Socialist Republic of Sri lanka or the Government of the Democratic Socialist Republic of Sri lanka to get the “consent of the Government of Sri lanka” before formulating this contract. This contract agreement failed to meet the intention of this contract agreement to resolve the ethnic problem for the safety, wellbeing and prosperity of people belonging to all communities of Sri Lanka and never fulfilled by this contract agreement.

The Republic of India has used Military Force to change the Capacity to contract of the President of the Democratic Socialist Republic of Sri lanka and the signature to this contract agreement was obtained under undue force. As such this contract agreement has violated the entire requirement to make this a legal contract.

Leaving aside the basic requirement to form a legal contract this contract agreement has breach the following Clauses of the agreement and as such a Court of law will set aside this agreement as invalid.

Clause 1.1 Desiring to preserve the unity, sovereignty and territorial integrity of Sri Lanka.

This Clause 1.1 is breach by inserting the Clause 1.2, 1.3 and 1.4 as these three Clauses contradicts the desire of this contract agreement to preserve the unity, sovereignty and territorial integrity of Sri lanka.

Clause 1.2 acknowledging that Sri Lanka is a “multi-ethnic and multi-lingual plural society consisting, inter-alia, of Sinhalese, Tamils, Muslims (Moors) and Burgers. This statement in this Clause is defective at law as Sri Lanka is not a multi-ethnic and multi lingual plural society as the majority community is Sinhalese and the Sinhalese in Sri Lanka consists 74% of the total population. This agreement has overlooked this important factor in formulating this clause.

Clause 1.3 recognising that each ethnic group has a distinct cultural and linguistic identity, which has to be carefully nurtured. This statement in this Clause is defective at law as Sri Lanka need not to nurture the linguistic identity of other minor ethnic groups as they should assimilate with the majority Sinhala population of 74% of the entire population.

Clause 1.4 Also recognising that the Northern and the Eastern provinces have been areas of historical habitation of Sri Lankan Tamil speaking people, who have at all, times hitherto lived together in this territory with other ethnic groups. This Clause is misconstrued and mis -representing the true facts. How can 12% Tamil population claim 1/3 of the land mass as their historical habitation? As this Clause comes under the unilateral mistakes the contract will be void if this can be proved in a court of law.

Fundamental Breach

Fundamental breach is the failure by one party to perform a primary obligation under the contract so that the other party is deprived of substantially the whole  benefit that he or she was to have received under the contract.

There are few fundamental breaches in this contract agreement as the Republic of India has failed to meet the primary obligation they promised under this agreement to resolving the ethnic problem of Sri lanka. Democratic Socialist Republic of Sri Lanka resolve this problem after 22 years of signing this agreement and as such due to the effect of this mistake the contract is VOID if the mistake is sufficiently FUNDAMENTAL at Common Law. In Equity the contract, if not void, can be set aside.

Under Section 2 Clauses 2.1, 2.2 and 2.3 are creates common mistakes as all these facts included in these Clauses are fraudulent misrepresentations and as there was no proposal by the government of Sri Lanka to permit adjoining provinces to join to form one administrative unit.. It was a unilateral decision by the Republic of India.

Clause 2.3 to hold a referendum on or before 31st December 1988 never took place and as such this clause was breach.

The amalgamation of the North and the East under Cl. 2.2 was set aside by the High Court of Sri Lanka. As there was no referendum to get the consent of the people of  the East. This decision by the High Court, if requested by the litigants should have extended to the whole contract.

Furthermore as the Indo-Sri lanka accord failed to function as designed and the Indian Government failed to meet the Clause 2.16 (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.

As the Republic of India failed to provide and meet the requirements under Clause 2.16 (a), and the other Clauses 2.16 (b), 2.16 (c), 2.16 (d), 2.16 (e). This contract agreement is breach and the above Fundamental Breaches has created this contract to be Voidable (In Equity) .

In my opinion the legal validity of this Indo-Sri lanka Accord will be set aside by the High Court of Sri Lanka if contested and if the Indo-Sri lanka Accord is declared VOID then the validity of the inclusion of Amendment 13+ into the Constitution and the establishment of Provincial councils are questionable.

Dilrook Kannangara

By Charles.S.Perera

No Constitution is sacrosanct and any clause that does not fit in the development process of the country could be amended either by a two third majority or a referendum. Therefore the 13 Amendment could be removed if the implementation of it could lead to political problems.

 There are those who see nothing objectionable in the implementation of the 13 Amendment and there are those who oppose it. In the context of the thirty years of suffering under a ruthless terrorism, it is time that all of us whether we are Sinhala, Tamil , Muslim or other, take a new look at what our future should be. In that perspective of change, it is normal for us to ask ourselves whether the implementation of the 13 Amendment would be an impediment for our progress as a Nation. Yes ! as a Nation , because it is in that light we should proceed to organise our future.

 Many writers had come out with very pertinent arguments in favour or against the implementation of the 13 Amendment. The question of the implementation of this now controversial Amendment, before being analysed from an intellectual point of view, should be looked at from the common man’s angle, with more common sense. An ordinary man may see the implementation of the 13 Amendment as a legal imposition of his separateness. A man belonging to an area and to an ethnic group. The 13 Amendment would not make him seem to belong to the entirety of the land which he calls his mother land.

 This despite the significant pronouncement the President Mahinda Rajapakse made in his important speech to the Parliament. He said that Sri Lanka has no more minorities. Those words said a lot, though the die hard Tamil separatists did not have the capacity make much of it. It means that the ethnic difference is over, and that if it would continue it would be in the minds of those who disdain unity. It also means that Sri Lanka would not speak in terms of the origin of its citizens but in terms of the individuals comprising the Nation of Sri Lankans.

 In such a situation the implementation of the 13 Amendment may seem as a means to continue the ethnic difference. And justify the fear instilled in the mind of an ordinary man of legalising his separateness.

 However, the President Mahainda Rajapakse has said, prompted by a statement made by the Minister Champika Ranawaka, that he should not be hindered to implement the 13 Amendment.

 Therefore, we have to respect the intention of the President, which is to implement the 13 Amendment even though our own personal views may be different. We have to respect the wish of the President because we now know from what we have seen, that the President Mahinda Rajapakse could be trusted to safeguard the interest of the country and its people.

 It was his determination, wisdom and foresight that made him prepare the ground before he took the terrorists by their “horns”. He subjugated and eliminated terrorism ,and he alone was responsible for that great achievement. It was he who selected the Army Commander Sarath Fonseka to launch the military operations, others to lead different security Forces, and appointed Gotabhaya Rajpakse as the Defence Secretary to coordinate the Armed Forces. Thereafter the President left the military operations against terrorism entirely in their hands without any interference. He was able to place his unshaken confidence in the people he selected to conduct the military operations to eliminate terrorism.

 Mahinda Rajapakse through out the military operations did not seek to antagonise any one. He either ignored impertinent and insolent statements of his opponents, or made his intentions clear at his meetings with the people.

 When his one time friend, and a Minister of his cabinet Mangala Smaraweera made wild accusations, of bribing the terrorists, and insulted him claiming that Mahinda Rajapakse had misappropriated tsunami funds by crediting them to his own bank account , the President did not make any statements. He did not directly or indirectly made reference to Mangala Samaraweera’s ill founded criticism.

 When Ranil Wickramasinghe accused the President for enriching the family, the President did not bother to reply him. Yet when ever he met Ranil Wickramasinghe he welcomed him as a friend.

 When Blakes, Chilcots and the rest of the representatives from the International Community kept on repeating that there is no military solution to the terrorist problem but a political solution, the President kept a “loud” silence. It was not his “business” any more, the military operations against the terrorists were the responsibility of the army.

 The President knew exactly what he was doing and how to reply to his interlocutors. Many were the delegations from the Indian Central government that came to discuss the military situation and request a respite in the military operations. All such delegations were well received by the President, and none of them showed signs of displeasure after meeting with him.

 He even received David Miliband and Bernard Kouchener, who thought they would “shake up” the Sinhala President and make him cede to their demands, but Mahinda Rajapakse proved that he had more diplomatic tactics in him than them with their “pseudo” International Standing.

 That is the calibre of the President fortune has given to Sri Lanka to lead the Nation in this most critical period of its history. His honesty and integrity is unquestionable. Therefore we know that his intentions are bona fides, he has nothing to gain and he is not self seeking. His devotion to his country and the people is greater, and he has put himself completely at the service of them.

 The President will do what is best for the Country and its people , and let us therefore leave the 13 Amendment in his hand .

Nimal Tissa Wijetunga

There is an article with headline ” Angry MR refuses to bow down to JHU Threat, which we read very carefully. The statement appears to be in response to recent threat of resignation by JHU i.e. one of the constituent of Governing Alliance of UPFA if the government try to implement 13th Amendment. Pls. publish this article as a suggestion for a way forward.

Now, it is increasingly clear as per President Mahinda Rajapakse’s response that government is determined to implement the 13th Amendment of the constitution as a political solution to so called Tamil problem in Sri Lanka under pressure from India.

 We would like to invite attention to the following points where it may provide some insight to the situation where we really need to enact 13th amendment as a solution.

 · He must realized that he himself declared in the victory speech in the Parliament on the 19th May 2009 that we do not have majority or minorities and we have people who love the country and who do not.

· Do we have very special grievances for Tamil people in Sri Lanka in order to consider special political package other than Sri Lankans as a whole or the problems faced by Tamils are as same problems as Sinhalese and other ethnic groups constitutes the people of Sri Lanka.

· Is there exist a Tamil Homeland in Sri Lanka as 13th Amendment recognized.

· Separate state concept emitted from so called Tamil Homeland for North & East. MR fought the war with whole hearted support of the people of Sri Lanka to defeat separatism and the terrorism used as a tool to make the Government of Sri Lanka in to submission where many politicians and military commanders of yester years yielded and dubbed the war against LTTE “Unwinnable”.

· 13TH Amendment is not passed by Sri Lanka Parliament willfully, as everybody knows it was forced on Sri Lanka by military might and other diplomatic terrorism solely by India. Besides, everybody knows that Sri Lanka was burning on that day as a protest by people of Sri Lanka opposing and dubbed it as invasion by India. Similarly, Rajiv Gandhi was beaten by a Naval Rating during the guard of honour as well.

· Stopping the annihilation of LTTE in 1987 by India made it to prolonged for another 20 plus years.

· The LTTE terrorism is unfortunately “Made in India” specifically by Indira Ghandi and well supported by Rajiv Ghandi. As a retribution, Indira Ghandi was killed by Sikh separatist terrorist and Rajiv Ghandi was blown-off by LTTE, very people funded, supported, nurtured, trained against the Government of Sri Lanka.

· In our view, India has done more damage to Sri Lanka than Portuguese, Dutch and British during their rule as imperialist. It is still doing so by making statements and putting pressure on us to accept 13th Amendment.

· Provincial councils or devolution of power is not successful in Sri Lanka considering the size of the country and enormous administrative cost it involves. Besides, it is only delaying all the development programmes due to unnecessary administrative procedures.

 In the midst of talks for and against the 13th Amendment to the constitution, we would like to remind the President of Sri Lanka that Tamils in Sri Lanka are undoubtedly remnants of Invaders from southern Indian dynasties of PANDYAN AND CHOLA. This the truth even though it is little bit bitter for some people. In the history of Sri Lanka, we have fought many epic battles with these invading forces and defeated them comprehensively. We are very much sure that the battle plans to defeat LTTE terrorism is certainly inspired by the battle plans and great leadership of King Vijayabahu 1 to defeat Kalinga Marga to retake Pollonnaruwa in the North Central Sri Lanka. Similarly, your Excellency has given great leadership to the nation to defeat LTTE terrorism in modern times, which is unparalleled in the history of fighting terrorism in the world. Following the victory, you said that up to now the Nation has moved forward with Panchmaha Balawegaya and now we have hayawana balawegaya i.e. the sixth force which is the Ranaviruvo i.e. Valiant soldiers. We salute to you for these visionary statements.

 In our view, it is time to put your visionary statements to the practice rather than allowing these becoming just political statement to the gallery as usually does by politicians. You may consider the sixth force may use align with the development program planned for the country with special reference to North & East and country as a whole together with civilian counterparts as country needs development which automatically pave the way for employment opportunities, better schools for education, good hospitals , which improves health care, good infrastructure where produces of both side reaching everybody where process of commodities automatically come down. If this achieved, the ill fated line of thinking marginalizing some sections of the population will disappear automatically because opportunities in galore will be opened for all Sri Lankans alike.

 Similarly, considering Sri Lanka has two section of people, who loves the motherland and who do not obviously taking out the concept of different ethnicities and easy to reach each other as Sri Lankans, which is extremely important.

 Thirdly , your leadership can eliminate the notion that any area of Sri LANKA does not belong to any group of people and any area of the country belonging to all Sri Lankans. In this context, Jaffna, Kilinochchiya, Batticalo, Mullativu, KKS to name a few are not Tamil cities as all cities, towns, villages are to be developed as places for all Sri Lankans.

 Instead of doing the above with the help of the Sixth force i.e. Ranaviru Balavegaya and the masses of Sri Lanka, if you are going to be entangled in the 13th Amendment, you may destroy all the gains by the heroic security forces, Sri Lankan masses by sacrificing lives, limbs, blood and all sort of economic difficulties in the process. In turn, it may tantamount to give in to the interest of India and the so called International Community in the West whom want to see the division of Sri Lanka on ethnic lines against the wishes of all Sri Lankans.

 Yourselves, your party, your government blamed all along the UNP and its leader i.e. Ranil Wickremasinghe for giving the North & East on a platter by signing the Ceasefire Agreement in the year 2003 and now yourselves favouring 13th Amendment as a political solution to Tamil Problem one which is non existing in the reality is going to do the same in a different way. Since you got the wisdom to lead a fight against terrorism and as a leader who got the leadership and courage, which we have not seen by a Sri Lankan leader since Independence from British imperialist to tell Mr. David Milliband and Bernard Kouchner mind your business and do not try to give Oxygen to TERRORIST in the name of civilian casualties when they called over you to stop the fight against LTTE as they were cornered in a silver of a land of 100 sq. meters.

 In view of the above, the need of the hour is rallying around masses of Sri Lanka to accelerate the development program of Sri LANKA in order to get rid of destructive line of thinking of 13th Amendment rather than getting angry with the people opposing to it . We know very well this is equally a huge task possibly more than defeating LTTE MILITARILY. However, we as patriotic Sri Lankans look forward to your great patriotism as you have shown in many difficult situations during the past (05) five years as the president of Sri Lanka.

 Firstly, Mother Lanka
Secondly, Mother Lanka
Thirdly, Mother Lanka

 Sincerely,

Nimal Tissa Wijetunga.

By Walter Jayawardhana

Detectives of the Metropolitan Police of London released the e-fit image of an Asian looking man they believe is the killer of the Sri Lankan woman Michelle Samaraweera (35), and who is also believed to have raped two other women in the area .Because the serial rapist is liable to strike again the Police are appealing to probable witnesses to come forward who could tell any information about the man that would help lead to his arrest.
At the end of May Samaraweera was found strangled and raped in a small children’s park in Walthamstow, a very run down area of the city of London.

The DNA from the attack on Samaraweera led the criminal to be attached to two other sexual attacks on women in the area.

There was a pattern , as all attacks were committed at the end of a month.in the Waltham Forest area.
As the crime on Michelle was shown on BBC’s Crime Watch on Monday more possible witnesses are expected to come forward , according to some initial calls.

Police also has conducted a house to house search visiting 9000 homes in the area collecting DNA samples of men.

The attack on Michelle took place on May 30 after 1 a.m. The same rapist attacked another woman of 46 years on April 22 at 1 a.m. The same man committed the crime on a 59 year old woman on March 24.
Detective Inspector Vic Rae said, “Michelle was wearing a very distinctive black jacket with white parallel lines down the sleeves.

“We know she was in Somerfield’s (super market) between 01:00 and approx 01:15 but we have no other sightings of her between 22:00 on Friday 29 May and the time her body was found at around 05:50 on Saturday. We need to hear from anyone who saw Michelle or who has any information which could help.”

Police are keen to hear from anyone who may have been approached by a man matching the description of the suspect. The police said, “The suspect has been described as being of Asian appearance, or with dark skin, and is aged between 30 and 45 years”

Anyone with information should call the incident room on 020 8345 3715; if you wish to remain anonymous call Crimestoppers on 0800 555 111.

P. Abbey

 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.

Those who take it as a joke should return to their Eelaams somewhere else.

If you call people like me a hardliner, chauvinist or what ever, I see it as a blessing because I am standing for the future of my people, my children and their future.

 If you think I am wrong go and tell that to many people who lost their own land to invaders and now have become no bodies in their own native lands.

 If it is a crime to protect my people, then I love to be a criminal, even the worst of all.

But one thing you should remember is that Sinhala people do not go after other ethnic groups and subjugate them like your English-speaking ilk.

Please do not try to tell us the greatness of westerners or their concerns. We do care very little about mass murderers when it comes to our own survival.

 Your ilk is selling out the country for your own sake and Sinhala people got nothing to do with it.

They lived without your masters for many more years than you can imagine.

 In fact, Lanka really deserves a western economic and aid embargo to get rid of your ilk that depends on them because we, Sinhala people, can never be subjugated.

Let me tell you that Tamil and Sinhala are not just two words, they are two different civilisations grown up in two different places.

By trying to appease migrants who came during occupation, at the expense of Sinhala people, the reward you seek is their revenge, which will not be as sweet as you think. Neither, it will be good for the very Tamils you want to share you booty with.

Dr Victor Gunasekara

http://www.uq.net.au/slsoc/vicpic.htm  This is a comment on the posts given below by Wimal Ediriwira and Ravi Randeniya. They both deal, amongst other things, with the recognition of the NP and the EP as a traditional homeland of the Tamils. As we know Mahinda Rajapaksa is committed to implement the Indo-SL agreement of 1987 which led to 13A “in full” and even go beyond. Implementing 13A implies recognizing the NP and EP as the homeland of the Tamils which was part of the Indo-SL agreement.

Wimal, who has set himself as an authority on homelands, has posed some questions for the Forum to answer. But there is a simple answer to all these questions: There is no such thing as a homeland!

Can Wimal give any international or national law which defines a homeland and assigns various pieces of territory to various racial, religious or ethnic groups as their homeland? He says that France is the homeland of the French, Germany of the Germans, Italy of the Italians, etc. But the Constitutions of these countries do not make this claim. What right has Wimal to award these territories as the homelands of the people he has assigned them to? A country like Switzerland has French, German and Italians living in the country. Whose homeland is Switzerland? Do the Swiss French have a homeland of their own in addition to the territory of France which Wimal has awarded as the homeland of the French? Similarly for the Germans and Italians in Switzerland. This is the kind of quagmire which this notion of homeland leads to.

In Sri Lanka the Homeland theory has been espouced by two groups of people. One is those Helas who claim that the whole island is their exclusive homeland. The other are those Tamils, including the LTTE, who claim that the North and East are their “traditional homeland”, which is acknowledged by 13A. This is why we need to know what exactly a homeland is so has to settle this dispute. We have seen a war fought on this but the issue has not been resolved.
I would like to pose the following issues to Wimal in connection with his Homeland theory:

Can Wimal give a definition of a ‘Homeland’ and can he tell us where this notion is recognized in international law?

Wimal says that on a “legal basis” Tamils can have ONLY ONE Homeland. What law is he referring to? For that matter is there any law that states that the Tamils can have even ONE homeland?

How does he justify his claim that the Island of SL is the homeland of the Helas?

One of Wimal’s claims is that minorities living in someone else’s homeland have lesser rights than the “owners” of the land. But Mahinda Rajapaksa has recently declared that in SL there are no minorities! Does Wimal support this latest gem of Mahinda chintanaya, and if not why has he not taken issue with MR?

Suppose that a SL Hela migrates to the UK, there marries an Italian or French lady, and has children who by birth-right become British citizens. Can Wimal state what the homeland of the Hela who migrated, his wife and his children are?
Etc

If Wimal cannot answer these questions he has no right to pose those questions on Homelands that he has posed for this Forum to answer.

On Ravi’s post, where he reproduces clauses from the 13A law what he does not seem to understand is that this law completely negates the status of SL as a unitary state. Just as 17A was passed to please the Indians so the promise to implement it now is not because the people of the country want it but to keep MR’s promise to India, Japan, the US, etc. that he will solve the “ethnic problem” by implementing 13A. See my article Great Betrayal of Sri Lanka if Ravi is to understand the political underpinnings and constitutional consequences of 13A.

A short note from Chand Wije is also included in which he refers to his recent article on “Sinhala Bushism”. I have refuted this theory of Sinhela Bushism, just as I have refuted Wije’s earlier theories like the River Basin Devolution and the Karuna Paradigm. But I have not seen a reply from Wije on this.

VG
——————————————————————————–

From : Wimal Ediriwira
Date: Wed, Jul-1-2009 10:54 PM
Subject: RE: Implementing the 13th on fear of Indian invasion

1. On WHAT basis is such a “Tamil homeland” to be recognised in Sinhale’?

2. Every nation in the world has only ONE homeland. For example, The English have only England, the French France, the Germany etc. On what legal basis should Tamils only be able to have MORE THAN ONE Tamil homeland.

3. Will Tamils, then, also be entitled to have “Tamil homelands” in the US, UK, France, Germany etc

4. What about recognising similar Sinhela homelands for Sinhela minorities in ALL the Western countries?

5. Etc.

The problems about the Sinhelas is that we only think from the perspective of this Island. As a result, the minorities exploit this weakness to try to demand non-existent “rights” using this limited vision of the Sinhelas. If we compare with the situations in OTHER countries, we can get more rational veiwpoints.

Wimal Ediriwira
The Sinhela Centre
===============
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From: cwije7@
Subject: RE: Implementing the 13th on fear of Indian invasion
Date: Tuesday, 30 June, 2009, 10:55 PM

Ravi Randeniya,

What you do not understand is that the official recognition of a Tamil homeland in Sri Lanka (13-A) is the germ to a separate state. The president cannot control outside powers like Tamil nad and world tiger Tamils.

For details read today’s Island Midweek Review on Bushims and 13-A.
http://www.island.lk/2009/07/01/midweek1.html

 ——————————————————————————–

Subject: RE: Implementing the 13th on fear of Indian invasion
From: “Ravi Randeniya”
Date: Tue, June 30, 2009 1:49 pm

This is what the fuss is all about. Here are the key elements of our constitution that will prevent cessation by Eelamists. However, my issue with PCs is that they are a drain on our economy.

Thirteenth Amendment to the Constitution

http://www.priu.gov.lk/Cons/1978Constitution/Introduction.htm

Certified on: 14.11.1987

Objectives:

To make provisions for the establishment of a Provincial Council for each Province; for the establishment of a High Court for each Province; and to make Tamil an official language and English the link language.

 CHAPTER XIII – THE REFERENDUM

 Submission of Bills to People by Referendum.

 85. (1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present).
(2) The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament.
(3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum:
Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors.

Submission of matters of national importance to People by Referendum.

 86. The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance.
46[CHAPTER XVIIA]
Establishment of Provincial Councils.

154A. (1) Subject to the provisions of the Constitution, a Provincial Council shall be established for every Province specified in the Eighth Schedule with effect from such date or dates as the President may appoint by Order published in the Gazette. Different dates may be appointed in respect of different Provinces.

(2) Every Provincial Council established under paragraph (1) shall be constituted upon the election of the members of such Council in accordance with the law relating to Provincial Council elections.

(3) Notwithstanding anything in the preceding provisions of this Article, Parliament may by, or under, any law provide for two or three adjoining Provinces to form one administrative unit with one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers and for the manner of determining whether such Provinces should continue to be administered as one administrative unit or whether each such Province should constitute a separate administrative unit with its own Provincial Council, and a separate Governor, Chief Minister and Board of Ministers.
Public Security .

154J. (1) Upon the making of a Proclamation under the Public Security Ordinance or the law for the time being in force relating to public security, bringing the provisions of such Ordinance or law into operation on the ground that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka is threatened by war or external aggression or armed rebellion, the President may give directions to any Governor as to the manner in which the executive power exercisable by the Governor is to be exercised. The direction so given shall be in relation to the grounds specified in such Proclamation for the making thereof.

Explanation: A Proclamation under the Public Security Ordinance declaring that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka or any part of the territory thereof is threatened by war, or by external aggression, or by armed rebellion may be made before the actual breakdown of supplies and services, or the actual occurrence of war, or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof:

Provided that where such Proclamation is in operation only in any part of Sri Lanka, the power of the President to give directions under this Article, shall also extend to any Province other than the Province in which the Proclamation is in operation if, and in so far as it is expedient so to do for ensuring the maintenance of essential supplies and services or the security of Sri Lanka.

(2) A Proclamation under the Public Security Ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this Article.

Failure to comply with directions .

154K. Where the Governor or any Provincial Council has failed to comply with, or give effect to, any directions given to such Governor or such Council under this Chapter of the Constitution, it shall be lawful for the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution.

Have fun.

Ravi R.

by Gomin Dayasri

All those in Colombo are not Colombians. It is only the superficial superlatives; some Colombians have sprung like jack in the box to become ardent Mahindians. There are still many in Colombo who stand on principle, refined to the core, constructively critical, tolerating no nonsense. Colombians come -lately with giddy minds, in search of upward mobility proselytized in their hunt to be associated with the winner looking for possible advancement in silence or in secret, have made the over night crossing. It is a passing phenomenon. They will soon return to base.

 Yet Colombo at large is out of place in Sri Lanka. Out of Colombo, for them, is a mere place for a week end, for fun and relaxation. They go out to the sea and safari, cooler climes and green fairways, cut price hotels and country homes. They fail to understand the mood and temperament of the rest of the country and still more, of its people. Like those marketing executives given a product to sell, reaches only the urban markets – due to infinite lack of local insight. Or enter a theatre to watch a comedy but cannot laugh if the joke is on them-fail to realise they are the laughing stock.

 “Times are a changing” sang Bobby Dylan. So is with the Colombo Man. Far worse is the Colombo Woman. Not only is she looking at changing times, hopeful more of changing fortunes. Many of the Hundred Sisters that singed the petition are observing an oath of silence or hoping for a place for their husbands. Doves of Peace have become Men of War. Those who alleged human rights violations before the end of the war speak of the gallantry of the Forces after the war. Many who searched for NGO types or embassy sort to rub shoulders at functions reach for uniformed kind in service or in retirement.

 Fortunes favour those in retirement from the services in the Forces more than those in active service. Without restrictions or responsibilities they can spin more yarns. An anthology of war stories- fact or fiction- is a crowd puller. Suddenly there is much demand for ex- military men for conversation, to entertain guests and to pick supposedly sensitive fantasy material for onward transmission by the Colombians to display their own importance.

 Everybody knows somebody in the Forces, especially the society ladies. (”I know a Major, who told me how Prabha was hunted down. He was in that group, child!”) Indeed some know more of the war than those who fought it to entertain Colombo society. The moment has come for recruitment as consultant-entertainer for old soldiers. No longer ago are they deemed violators of human rights, worse than the dirty dozen because the Colombians carry purification packs for instant cleansing, to suit their laundering. They need it more than any other.

 Society Colombo is the noisy local Barmy Army or Wavy Navy as they are now, so ‘in’ with the Forces. Not long ago, calling themselves “Sri Lanka First” they held hands on the streets of Colombo, to stop the War and smoke peace pipes with Prabhakaran. Times are indeed changing -Prabhakaran is no longer in the talking vocabulary and the glories of the LTTE are a self imposed prohibition. How did these household phrases for 20 years extolled at length, fade so fast? That is Colombo. From mantelpiece to dustbin the distance is short and the memory still shorter.

 The Old Boys in the boardrooms with their hang over colonial neurosis, indoctrinated by the BBC wave length, converted after listening to the gospel of the peace missionaries who preached for their own benefit, aping the phrases of passing western humanitarians never imagined the end of the LTTE. These opinion makers who change their tune according to the weather vane from the chambers of the private sector, merchants of fame and fortune, professionals of repute and standing convinced themselves, it is a war that cannot be won and the LTTE has to be appeased by talking peace. That was the manufactured public opinion of Colombo which percolated to the influential politicians they sponsored, like those in Chandrika’s celebrated diners club.

 Their misplaced philosophy delayed the defeat of LTTE by 25 years. Colombians have to take the blame for having lived with a nightmare they fabricated, by being disoriented and perplexed; misleading and misinforming themselves. Worse, make it infectious like swine flu. Those captains lived in a strange planet among themselves by themselves. Their junior bimbos were compelled to follow suit. If industry or commerce suffered blame thyself more than another. It is time the private sector despatches those old boys and birds to a sin bin wearing caps titled dunce and for an emerging enlightened intelligentsia with social consciousness take the helm, alive to the mood of the nation and not only of the capital. Colombo badly needs a new coat of paint and a breath of fresh air.

 So many had to pay a heavy price; of so few being silly and stupid. Many watched in aghast at the antics of their superiors or contemporaries. They were compelled to be the silent minority. To oppose was to incur wrath and dubbed a ‘nationalist’ or ‘extremist’ or ‘patriot’ or ‘war monger’. It was the Bush Principle: You are with us or against us! Bush was better- the ‘us’ he meant was his country; for the Colombians it was not the country or city but their silly selves.

 Colombians deemed they were living in a Failed State because the International Community so said; local NGO intellectuals so preached. These Failed Fellows worshipped any alter or followed any gospel that ridiculed the country. In mind and soul for style and show they portrayed themselves as a white man with a black name. They failed to pass the reality test that the so called Failed State has performed better than the so called Successful States in dealing with terrorism. A country that lived on the grandeur of the past is now living on the glory of its present but celebrating beyond limits of tolerance and indulging in thanksgivings beyond forbearance.

 Not only are Times changing, as said in the song, changes must come with Time. If the old firm of disgraced dignitaries cannot walk hand with hand with the rest of the country and still desire Britannica to rule over our waves, they must be despatched to their drinking clubs or be nominated as candidates to the Constitutional Council – both comfortable homes for the aged to while their time. They have let the country down and let them walk the plank of shame. It is take-over time for the emerging young after the last generation had led them astray.

 The finest hour of Sri Lanka was reached by the sweat toil and blood of the state sector by the children in the wilderness. Colombians contribution has been the participation in the celebrations or talking loud after the event; Colombians cannot show any other input or effort. Did any die fighting the war coming from an International School? There were yet many as individuals in personal capacity that did much within their might but away from the knowledge of their principals who listened more to their foreign principals. Listen to the Colombian talk; during the war and after the war- to learn of the twist and turns of the flexible Colombo doctrine.

By L. Jayasooriya

There is an identity of opinion between Mr. Prasanna Ranathunge the Western Province Chief Minister and the Island Newspaper when they both say that the 13 th amendment was an act that was passed in parliament and therefore it has to be implemented. The Island editorial of 01/07/2009 says that the 13th amendment is very much part of the basic law of this country and Mr. Ranathunge says that except for a handful the whole country has endorsed this. How can the latter be sure of that? Let me quote the Asian Tribune on what the President has told the delegation of Wimal Weerawansa and Champika Ranawaka. The quotation says “He went on to tell them that the people of Sri Lanka had voted him to bring about a decent solution to the Tamil problem and that he had vowed to bring about an ‘acceptable’ and ‘sustainable’ solution.” To the best of my knowledge the President had the full support of the Sinhalese except the traitors and the full support of the genuine Tamils in the North and in the East to finish off with the LTTE. Neither the Sinhalese nor the Tamils referred to above ever saw a ‘Tamil Problem’ except the LTTE Diaspora abroad and the English speaking Colombo Tamils that never joined Prabakaran to fight for the ‘Tamil Cause’.

The readership of the Island today is limited to the intellectual national patriots but if the Island newspaper is perceived to be pro-separatist then it will lose that readership and no Tamils will read it either. Readers of the Island must have noticed that its editor is the only patriot in this country who used to write good editorials until the end of last month and that was because he never permitted others to express their patriotic feelings. I who had unhindered access to the Island newspaper when Gamini Weerakone was the editor today cannot get anything published in the Island unless what I write promotes what the editor has already written about. The only place where I could get anything published is in the Asian Tribune. It is a pity that Asian Tribune has no print media.

Now please allow me to say what I have to say. One iota of devolution, I mean just one iota of it will institutionalize a difference between the various inhabitants of this country germinating the seeds of disunity.

Once that is institutionalized the natural tendency of ‘those of the minority groups’ would be to accentuate the difference paving the way for the English educated upper class characterless men and women of the ‘minorities’ to exploit the environment for the division of the country and Ponnambalam and Chelvanayagam will be re-born.

All this was forced on us by India through JR Jayawardene at a time when we could not defend ourselves against her aggression or even against JR Jayawardene. Today it is different. She won’t dare invade us again to impose her will. So why are we so afraid of India?

This 13th amendment is something that is very highly charged with emotion where the political stakes are at the highest and the harvest will be bountiful for those who will reap. Both the Island editorial and Western Province Chief Minister blame Champika Ranawake for not agreeing to the implementation of the so-called 13 th amendment as if these two have the sole right to decide what is good for the country.

The Island editorial says that the JHU among others are mere political creepers that need either the SLFP or the UNP to rise above ground but the facts are that the JHU campaigning within a period of around four weeks after the formation of the party won 11 seats a feat which no nation on earth has achieved before.

 Champika Ranaswake was nowhere in the original leadership. He was I believe brought in by Ratana Thera at a later stage. Having come in, Champika Ranawake hijacked the JHU and chucked out Wijemuni who attempted to kill Gandhi the invader. Wijemuni risked his life in the process. Under Champika Ranawake the leadership of the JHU became so arrogant that everybody who supported the JHU has now dropped out. If the JHU were to come on their own now they will not get a single seat. That is not because of the Saffrons a term the Island editor uses to refer to the Buddhist monks. Contrary to what the Island Editorial says if the JHU were to contest with the UPFA under the banner of devolution then also there will be no votes for their candidates.

 If the JHU could find a good leadership that is not arrogant and is prepared to implement the original agenda for which they were elected and the people have faith in the new leadership then I think they can come back on their own and even double what they originally had especially because of the talk of the 13 th amendment.

 The 13th amendment is hated so much by the national patriots that the JVP will at least eat into the UPFA votes in two ways. One, by some people voting for the JVP and the other which will be more significant will be that the national patriots will not be voting at the election thus helping the UNP.

 Whom are we going to please with this Hara Kiri when we fully well know that we have no friends in America and her allies with their two front men Solheim and Akashi?

by L. Jayasooriya

In an article in the Daily News of Friday July 03, 2009 Dayan Jayatillake says “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”.

He then provided proof for his statement in the next sentence by saying “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”.

Let me comment on his second statement first and say to him that India trained and equipped Prabakaran to create conditions for the IPKF to come in making Prabakaran believe that India would establish Eelam by force of arms and then go back. The relationship between India and Prabakaran would have been at the very best during the years of planning and preparation.

 When the infamous IPKF arrived humiliating Sri Lanka Prabakaran would have thought that his dream had come true but when Rajiv Gandhi ordered Prabakaran to surrender his arms he knew that he had been taken for a ride and made use of for India to occupy and then annex Sri Lanka. Those were the days when Viceroy Dixit was ruling Sri Lanka and the people of Sri Lanka were kept in the dark but the rest of the world knew what was going on in Sri Lanka. I saw and heard Rajiv Gandhi say on television referring to Prabakaran in measured tones taking so much of time between two consecutive words and say that he hoped wisdom would prevail. When somebody asked what if Prabakaran did not comply he said again in very measured tones that he will then have to face the Indian army. The rest is history. Most people in Sri Lanka still do not know this.

 This was also the time when both the LTTE and the Sinhalese were lobbying the American government at every possible level and America was helpful may be because America had other plans. I myself lobbied the office of Senator Vic Soares and the officer told me that he would interview both ambassadors. Our ambassador was Mr. Alwis who died recently. After the interview the officer who interviewed both told me that India had no intention of leaving and came there to stay. This is common knowledge to everybody concerned who lived outside Sri Lanka.

 The readers can now see how irrelevant Dayan Jayatillake’s ‘proof’ is.

 Let me now reply to Dayan Jayatillake with regard to his silliest argument referred to in his first sentence. One iota of devolution, I mean just one iota of it will institutionalize a difference between the various ethic groups of this country germinating the seeds of disunity just at a time when the relationship between the Tamils in the North and in the East with the Sinhalese are at their warmest.

 Once that is institutionalized the natural tendency of ‘those of the minority groups’ would be to accentuate the difference paving the way for the English educated wealthy characterless men and women of the ‘minorities’ to exploit the environment for the division of the country and Ponnambalam and Chelvanayagam and Ashraff will be re-born.

 If land powers are given no Sinhalese will be able to own property in the North and East and if police powers are given the Police will harass the Sinhalese to such an extent that the Sinhalese will leave on their own thus making the cleanest ethnic cleansing ever done. The Sinhalese will be voluntary IDPs with no support from the government and Eelam would be firmly established. How can you do this to us Dayan Jayatillake?