A UNHRC 2013 Resolution May Force a Referendum in North-East as the Indian Imposed 13 Amendment
Posted on April 8th, 2012

– Kumar Moses

The Indo Lanka Peace Accord of July 1987 required Sri Lanka to hold a referendum only in the northern province and the eastern province by 31 December 1988. It was to decide whether these two provinces should permanently merge. However, according to the Constitution and the Referendum Act of 1982, only the President can call a referendum. Using this provision, Sri Lanka managed to evade the referendum that was forced upon the nation.

The danger of a referendum is imminent

A vital legal question is, has Sri Lanka abrogated the 1987 Indo-Lanka Peace Accord. Although the IPKF was sent back, there is no mentioning of formerly abrogating the Indo-Lanka Peace Accord. If it is still in force, Sri Lanka is still under the obligation to follow it though it was never beneficial to the island nation. No matter how trivial it may be, the Indo-Lanka Peace Accord must be abrogated if it not done so until now.

Assuming the Accord has ended and is not valid anymore, there is a very high likelihood India will once again set a date for a referendum in the north and the east. Having learnt the mistake of allowing the Sri Lankan Constitution to decide when to hold it, India and USA, via another UNHRC resolution, force Sri Lanka to hold a referendum in the north and the east. There is no law barring it. Although it seems grossly unfair and unwise to hold a referendum only in two out of nine provinces of the country, the law does not stop it. Half knowledge pundits claiming such a referendum cannot be held must think again. The government of Sri Lanka accepted and agreed to hold such a referendum in the north and the east in 1987! That means it is doable. Ultimately what matter is not what is righteous but what works.

Tamils Against Genocide, British Tamil Forum, Global Tamil Forum, Transitional Government of Tamil Elam and Tamils for Obama are strongly canvassing for a referendum to decide the future of the northern and eastern provinces. They go a step further; they want the referendum to decide on self-determination.

It is more than likely the 22nd session of the UNHRC when Sri Lanka is obliged to report back on the compliance with the 2012 March resolution will pass another resolution to hold an internationally monitored referendum in the north and the east to be held on to decide either on total self determination or their merger. Brushing aside this likelihood with logic, morality and other immature arguments is outright foolish. UNHRC does not operate on logic, morality, righteousness or balance. It is totally run by the concept “ƒ”¹…”might is right’.

The threat UNHRC poses to sovereignty, territorial integrity and the unitary status must be countered with a foolproof strategy.

Otherwise until Tamil Elam is created, they will come up with videos, documentaries, resolutions, etc.

How to avoid it or overcome it

There is no sense in struggling with 52 member contingents to Geneva, protests marches island-wide, pointing out to rampant double standards of the UNHRC and reconciliation achievements. They don’t stand a chance as can be seen from the March 2012 UNHRC session. Tamils for Obama would have scored another victory by then by supporting the upcoming US election, hiring more legal experts the government of Sri Lanka cannot even think of, creating more manipulative videos, buying more NGOs/politicians/activists, etc. and making further inroads into Tamil Nadu.

Interestingly the next Indian Parliamentary General Election is due around the same time the 22nd session of the UNHRC will be held! That means Tamil Nadu influence on India will be many times more then than in 2012.   

By 2013, more moderate nations would have fallen out to become pro-US puppet regimes. Like Libya did in 2012, they too will vote against Sri Lanka.

There is only one way to overcome it. Aggressive, state sponsored “colonization” (the word used by Hon DS Senanayake) of the north and the east with new non-Tamil settlements.

That is the only way this absurdity can be overcome sustainably. Going by the voting pattern, there is a deficit of 270,059 non-Tamil voters in the north and east to defeat any referendum. In other words, around 300,000 adults must be settled in the north and the east by mid next year.   

TNA, TULF, ACTC, ITAK, TMVP and part of EPDP voters will vote for separation or merger of the north and the east. Since the 2010 General Election had a low turnout (lower than the 2010 Presidential Election), the 2004 General Election data is used. LTTE rigged the vote in Vanni at that election. However, still the voter turnout was low compared to rest of the country. If a referendum is held in the north and the east only, Tamils from these areas living in Colombo will also vote. It is no secret they have registered in both districts’ election registers. Therefore it is safe to assume a higher number for them.

Based on these results district-wise “NO” (NO to merger or self determination) and “YES” (YES to merger or self determination) votes percentages are as follows.

Batticaloa “”…” 17% NO; 83% YES

Digamadulla “”…” 81% NO; 19% YES

Jaffna “”…” 6% NO; 94% YES

Trincomalee “”…” 59% NO; 41% YES

Vanni “”…” 10% NO; 90% YES

Applying registered voters as below and a voter turnout of 80% for the east and 60% for the north,

Total NO vote “”…” 463,308

Total YES vote “”…” 733,367

Difference “”…” YES vote higher by 270,059.

This is the current ground reality. This must be changed by settling sufficient numbers of people to balance the ethnic composition in the north.

It is worth noting that had the Sinhala and Muslim people were not chased away from the north and the east, their numbers would have grown to an additional 161,979 applying average population growth rates to their populations in Jaffna in 1971 and 1990. That would have reduced the deficiency to only 108,080.

Sinhalisation of the north and east must start now aiming for the possibility of another UNHRC resolution that may force a partial resolution on Sri Lanka. UNHRC, India, USA and Norway (CFA) have already shown they can effectively circumvent to Constitution by either buying over or threatening politicians. The time to act is now, not in 2013. 

Providing housing facilities to security forces personnel and their families in the north is a good start. It can also overcome the UNHRC demand for demilitarisation. It is a quick way to change the ethnic composition of the north irrespective of the fact they live there or not. Timely action within Sri Lanka can make any external threat ineffective. 

18 Responses to “A UNHRC 2013 Resolution May Force a Referendum in North-East as the Indian Imposed 13 Amendment”

  1. Marco Says:

    Kumar Moses (aka May182009)
    I wonder if this is another one of those “lets bring in the Maldivians to Colonies the North and East of Sri Lanka”?
    Allow Maldivians to Settle in Sri Lanka If Rising Sea Levels Threaten the Atoll

    http://www.lankaweb.com/news/items/2011/04/12/allow-maldivians-to-settle-in-sri-lanka-if-rising-sea-levels-threaten-the-atoll/

    KM should know that UNHRC or any UN body cannot pass a “resolution” to hold a referendum or election against a democratically elected Govt. (exceptions being following an illegal “invasion”).

    If Rajapakse is not willing to implement recommendations from a home grown local Committee it will come as no surprise that the UN will recommend an independent “international” Committee at the next sitting.
    We know that, we can deny,threat to sovereignty, territorial integrity, unitary status and the usual rhetoric (heard it all before).
    Clock is ticking….

  2. AnuD Says:

    [If Rajapakse is not willing to implement recommendations from a home grown local Committee it will come as no surprise that the UN will recommend an independent “international” Committee at the next sitting. ]

    Marco; yousaid the important point.

    That is why Instead of implementing LLRC at all give US KKS harbour and some lands if that is what they are after.

  3. May182009 Says:

    Marco,

    1. “KM should know that UNHRC or any UN body cannot pass a “resolution” to hold a referendum or election against a democratically elected Govt.”

    2. “If Rajapakse is not willing to implement recommendations from a home grown local Committee it will come as no surprise that the UN will recommend an independent “international” Committee at the next sitting.”

    #2 contradicts #1.

    UN recommending an “independent” Committee is against the democratically elected government.

    India alone imposed a referendum in north and east to be held by 31 December 1988. It already happened.

    What you really fear is your favourite Ranil and his back-stabbing (pun intended) crowd languishing in the opposition forever.

  4. PRIYAN WIJEYERATNE Says:

    KM is quite correct. Whether it is legal or not to impose a referendum, settling Sinhalese in the North and East is a strategic plan that will have far reaching benefits to SL. It will open opportunities to all Sri Lankans and bring ethnic groups together. We must do it now, let the pundits argue to death.

  5. aravinda Says:

    What will happen to Tamils living in Upcountry? With the same token, will India demand that they should be sent back to “traditional homeland”? ( India?). Will Tamils in other parts of the country, against their will, be pushed to North and East? One can’t have the cake and eat it. Is TNA planning for an another backlash and another war? Everything points out to TNA and foreign LTTE leftovers are aiming at maximum communal disharmony in Sri Lanka.

    Few days ago, NGO PAKI was gloating, “we will fix you up in another years time.” We must act now. All displaced and ethnically cleansed Sinhala and Muslims should vote as residents of North and East. The stolen lands of Muslims should be returned or they should be allocated crown land in North and East. And resettlement must start now.

  6. Dilrook Says:

    Although I disagree on the suggested remedy because it is a long process, I agree with the problem.

    Tamils for Obama have already started this.

    Another recent article in Lankaweb discussed this recently.

    With 2012 being an election year, this merits some consideration. Not that Tamils can change the US election outcome but they play a vital role in the US geopolitical game in South Asia. Otherwise Clinton won’t travel half way round the world to meet a worthless Tamil politician in Tamil Nadu and Blake would not frequently travel to Sri Lanka.

    This is circulated widely in the internet.

    http://www.tamilsforobama.com/Referendum2011/english.asp

    While settling and resettling people in the north and east, harmony building work (I don’t call them reconciliation) must go ahead.

    Aravinda:

    Even the government is against resettling Muslims and Sinhalese in the north. Government minister Douglas Devananda skilfully evicted displaced Sinhalese from Jaffna in 2011. However, resettlement must happen at least now.

  7. Ananda-USA Says:

    Lord Naseby, we are sorry to say, is DEAD WRONG!

    NO POWER SHOULD BE DEVOLVED ON ETHNIC BASIS to ANY COMMUNITY.

    DEVOLUTION of Power to Ethnic Separatists is a RECIPE FOR SUICIDE for Sri Lanka.

    Just Say NO!

    REPEAL the 13th Amendment from the Constitution,

    DISSOLVE Provincial Councils,

    ADOPT Districts DIRECTLY ADMINISTERED by the National GOVT to

    PRESERVE the INTEGRITY and SECURITY of all of Sri Lanka’s people, irrespective of community.

    Please DO NOT Create a PATCWORK QUILT of Apartheid Ethnic Bantustans in Sri Lanka!

    ONE Nation, of ONE People, sharing ONE Destiny should be our GOAL.

    That GOAL is NOT SERVED by Devolution of Power to Separatists, no matter WHAT FOREIGNERS and demonstrated TRAITORS of the UNP and the TNA say!

    NO WAY, JOSE’!
    …………..
    Naseby urges proceeding with devolution process; UNP and TNA confirms support for 13A

    By Shamindra Ferdinando
    Island.lk
    April 7, 2012

    The Sri Lankan government should carry out devolution process without any further delay to ensure post-LTTE national reconciliation, declared Lord Naseby PC.

  8. Umberto Gui Says:

    A very powerful statement by Kumar.

    What he fails to mention is that East is more moderate than the north today.It didn’t happen automatically.

    It is the fruit of tireless efforts by all successive governments to settle Sinhalese in the east. We must continue.

    I wish the government takes note.

    We need more people who love Sri Lanka in the north and east.

    Turn Tamil homelands into Sinhala homelands. These are the cradle of Sinhala civilisation. We must protect them.

  9. Umberto Gui Says:

    Ananda

    Even our friends talk gobbledygook sometimes. We have to handle the matter internally.

    Our friends are facing enormous pressure from USA and India. How long can they bear our weight?

    We have to do what KM says. No other way.

  10. AnuD Says:

    Sri Lankan upcountry colonization had caused lot of soil erosions and floods down the stream of the rivers. Upcountry colonization is a recent event which happened during the British time. Govt should relocate people settled inside the river catchment areas in upcountry. I suppose long ago, even the elephants lived in the upcountry where there was lof of Kithul trees.

    Now, kithul is a rare commodity and elephants are fighting for their lives.

    Sri Lanka has a good excuse to relocate people

  11. Marco Says:

    KM
    You should know the difference between a UN resolution appointing an independent committee and a referendum held with the agreement (imposed maybe but agreed) by the Sri Lankan Govt.

  12. Ananda-USA Says:

    Kumar Moses,

    Totally agree with you that settlement of people of all communities, IN PROPORTION TO THE DEMOGRAPHICS OF THE NATION AS A WHOLE, should be undertaken NOW!

    Since Tamils are already the majority in the North, the FOCUS SHOULD BE on restoring the ethnically cleansed Sinhala and Muslim residents to the North and East. Until that resettlement is COMPLETED, those ethnically cleansed residents of the North & East should IMMEDIATELY be given VOTING RIGHTS in those areas.

    Furthermore, an overarching Policy of Ethnic Integration with the Goal of Homogenizing the population of the ENTIRE NATION, and ELIMINATING REGIONAL ETHNIC CONCENTRATIONS that give rise to SEPARATIST DEMANDS, should be implemented IMMEDIATELY.

    As Dilrook Kannagara suggested above, let the GOSL begin this process by GRANTING CROWN LAND in the North, and the necessary FUNDS to settle and develop, to Defence Forces Personnel who BORE THE BRUNT OF THE WAR of LIBERATION of Our Motherland.

    There is NO TIME to Dilly-Dally; the FACTS must be established ON THE GROUND.

    Let us ENDOW & ENFORCE the Same Right of Free Movement and Settlement on ALL Sri Lankan citizens, that the Tamils enjoy throughout Sri Lanka, but which THEY DENY to non-Tamils in the North & East.

    Let us LEVEL THE PLAYING FIELD!

  13. Dilrook Says:

    Ananda-USA:

    It was Aravinda who made that comment not me.

    I agree with you in principle but practically what you and Kumar proposes is almost impossible to do. A half hearted approach will do more bad than good.

    Tamils don’t like Sinhalese and Muslims settling down in the north in large numbers. They say they don’t mind but when it actually happens they find various clumsy excuses.

    Ever wondered why there are racist phrases are there like “Sinhala colonisation” but there aren’t phrases like “Tamil colonisation”?

    Even the ancient Buddhist shrines (93 of them) cannot be reinstated due to public protests and Tamil intellectuals protesting. Only a handful have been reinstated so far. At least repair and reinstate all of them first.

    Three years have passed and Sinhalese and Muslims have not voluntarily settled in the north in numbers close to Tamils in Colombo. Nor have the government taken any action.

  14. Dilrook Says:

    Government hasn’t taken any action to scrap the highly racist Thesawalamei Law either!

    In this context, how can people (other than Malabar immigrants) settle in the north?

    As per the law itself, it is applicable only to Malabar immigrants. Locals have been marginalised for 3 centuries in the north.

  15. Dham Says:

    Dilrook,
    Sad to say that the Government has not done ANYTHING to mend our constitutional issues. MR has vasted the blood shed by our sons and daughters while his children enjoy the freedom brought by them.
    This is a crime need punishment by “seven lightenings”.
    Also sad to say even people like Lorenzo cannot see that DD eveicted Sinhal people and is the biggest supported of 13 ++ and is greedily waiting to take over Prabhakaran’s rein.
    Whether there is a referndem or not 300,00 settlemt is long over due and the governement MUST act now.
    Not sure how practicle it is and who are willing to settle there though.
    Even if you ask forces families it will be a handful.

  16. May182009 Says:

    Dilrook,

    You have mixed 2 things.

    Government has not done so far is different to it cannot be done.

    It can be done as DS Senanayke showed.

    Ceylon Tamils will be against it. Never mind. 90% of the population are non Ceylon Tamils anyway. They were against the war. What happened?

    UNHRC demands demilitarisation. We turn HSZs and surrounding areas into Sinhala civilian settlements. So SLDF camps will DOUBLE as civilian areas! While protecting them from any threats. Demilitarised!

    At last the government is doing things. Read Tamilnet. Way to go!

    Don’t I love it when Tamilnet moans Sinhala governments, Sinhala cantonments, Sinhala colonization and Sinhalisation. It means we are moving in the right direction. At least after Geneva (before Geneva 2013).

    At the very least we can bargain with the Tamil Diaspora (not the criminal LTTE RUMP) on colonization.

    If you want us to stop Sinhala colonization, drop war crimes nonsense. Otherwise we change the entire north in ways you can’t even figure out.

    For them, no point framing MR or GR for war crimes if the Tamilness of the north is violated. So they agree to the deal.

    When they are tamed, we start again. If they want us to stop, we tell them, stop demanding Obama for this and that. Otherwise we change the entire north in ways you can’t even figure out.

    Why do you think we bombed the LTTE on April 25, 2006 after 5 years later? What’s special? There were 1,825 days for SLAF to bomb them but why EXACTLY on April 25, 2006? Because they bombed SF. We retaliated. It created an IMPLICIT understanding between GOSL and LTTE. You do things we don’t like, get ready for things you don’t like.

    Same strategy to TAME the LTTE Diaspora. You do things we don’t like; we do things you don’t like. We can mutually stop or continue.

    I agree with your economics suggestions.

    If Sinhalese have more land under them their economy will automatically grow. Land is the MAIN ingredient in economic activities!

    I agree with Ananda. We extensively argued on a foolproof solution to this problem even before the war ended. At last we came up with one foolproof solution – changing the ethnic composition of the north. make Tamil a minority.

  17. Ananda-USA Says:

    Dilrook,

    Agreed … my apologies to you and to aravinda who made those two valuable suggestions: of granting voting rights and resettling the ethnically cleansed in the North & East immediately, which I STRONGLY endorse. NO ONE can say that is “colonization”; it is simply restoration of lost rights of the victims of ethnic cleansing.

    On the other hand, as May182009 said, the fact that the Government has not yet adopted a formal Policy of Ethnic Integration and Settlement geared to homogenization of the ethnic population distribution of Sri Lanka, DOES NOT MEAN, it cannot, or should not be done.

    In fact, it is simply the only solution to maintaining the integrity of Sri Lanka and future communal harmony. We note that communal disturbances ALWAYS AROSE in Sri Lanka when SEPARATIST DEMANDS were raised that threatened the INTEGRITY of the Nation.

    The reason why Ethnic Integration can be implemented and Foreign Powers can be made to UNDERSTAND & ACCEPT it… is that it is DEMONSTRABLY FAIR & JUST. Let me explain.

    We all know that the MAJORITY of Tamils live OUTSIDE the North & East among the Sinhala Majority, which they do by exercising their right as citizens of Sri Lanka to settle wherever they choose to live, without let or hindrance either by other communities, or the laws of the land.

    Likewise, Sri Lankan citizens of EVERY OTHER COMMUNITY have the inalienable right by law to settle ANYWHERE in the country, a right that the GOSL is duty bound to UPHOLD. To do otherwise would be to DISCRIMINATE against non-Tamil communities on the basis of their race. Therefore, the GOSL should IMMEDIATELY ACT TO ENFORCE THE LAWS AGAINST RACIAL DISCRIMINATION by ENABLING such settlement. In particular, they should dismantle the Thesawalamai laws that are inherently racial, and provide PROTECTION to those who settle in those areas with a preponderant presence of security forces.

    No Foreign Power that is for “democracy” or “human rights” can LEGALLY argue against and oppose Ethnic Integration and Settlement based upon STRICT NON-DISCRIMINATION on the basis of RACE.

    Note that this kind of Ethnic Integration is FUNDAMENTALLY DIFFERENT from the “colonization” activity practiced by the Israelis in the West Bank. The Israelis do not allow Palestinians from the West Bank to settle within the boundaries of Israel, or to become Israeli citizens, while simultaneously insisting on a right to settle Jewish people within the territory of the West Bank. That kind of one-sided settlement activity is inherently discriminatory, whereas Ethnic Integration and settlement by ALL CITIZENS of Sri Lanka in ANY PART OF THEIR COUNTRY exercising THEIR EQUAL RIGHTS under the law is INHERENTLY JUST & FAIR and is NON-DISCRIMINATORY.

    Please note that I do not wish to argue for, or against, the Israeli policies in the West Bank; that is not Sri Lanka’s situation or our responsibility to solve. My purpose here is to CLEARLY IDENTIFY the NON-DISCRIMINATORY nature of Settlement of the North & East by Sri Lankan citizens of every community as I propose under a Policy of Ethnic Integration, because the words “colonization” and “settlement” have historical negative connotations.

    Finally, the question of why the GOSL should promote such NONDISCRIMINATORY settlement of citizens within its own territory arises.

    The answer is that IT IS NECESSARY TO FORESTALL FUTURE SECESSION & PRESERVE THE INTEGRITY of Sri Lanka, communal harmony, and the RIGHTS of ALL citizens of Sri Lanka to enjoy the benefits and resources of their country EQUALLY, not PART BY PART, but as a WHOLE.

    That there is such a threat is NOW EMINENTLY CLEAR: There STILL exist RACIST Eelamist Tamils in Sri Lanka who want to impose A DISCRIMINATORY PARTITION OF THE COUNTRY, claiming an EXCLUSIVE Tamils-only area in the North & East, while HAPPILY DEMANDING an EQUAL SHARE outside the North & East as CITIZENS of Sri Lanka. That is INHERENTLY UNFAIR & UNJUST. That if allowed to continue and grow leads to a SEPARATISM which in time, with the aid of equally racist Tamils in India, will lead to SECESSION of the North & EAST of Sri Lanka, and UNION with Tamil Nadu.

    Therefore, there is a FUNDAMENTAL NATIONAL SECURITY ISSUE at stake here. The best, most permanent, and feasible way to PREVENT those threats to the INTEGRITY of Sri Lanka in a COMPLETELY DEFENSIBLE, PEACEFUL, and NON-DISCRIMINATORY WAY is to ADOPT and IMMEDIATELY IMPLEMENT a National Policy of Ethnic Integration with Settlement of the North & East by non-Tamil citizens of Sri Lanka as its MAIN component of IMMEDIATE RELEVANCE.

    While Ethnic Integration is ADOPTED as LAW, and IMPLEMENTED, by the Nation, a DIPLOMATIC and LEGAL OFFENSIVE should be LAUNCHED to defend it and to convince Foreign Powers how & why it is NON-DISCRIMINATORY, and how it SERVES the TOP NATIONAL PRIORITY of preserving and protecting the RIGHTS, LIVES & PROPERTY of ALL citizens of Sri Lanka.

    The Leaders of Sri Lanka, and all Patriotic Citizens, must now take the time to LEARN & UNDERSTAND why and how a Policy of Ethnic Integration can be a viable and permanent Solution to Sri Lanka’s communal difficulties, and join together to CREATE A POPULAR MOVEMENT TO DEMAND that the GOSL take the necessary steps to implement it IMMEDIATELY.

  18. Ananda-USA Says:

    A Sri Lankan Patriot just proposed a BRILLIANT idea.

    Many of us, including me, have been demanding that the GOSL REPEAL the 13th Amendment.

    His idea is that any demand by the Tamil Diaspora for a referendum on the 13th Amendment to be held ONLY in the North & East at the UNHRC, can be FORESTALLED & DEMOLISHED by the GOSL by holding an ISLAND-WIDE referendum to REPEAL the 13th Amendment.

    If the Island-Wide referendum to REPEAL is PASSED by a majority of citizens of Sri Lanka, as it surely will be, there is NO WAY a proposal for a referendum to APPROVE the 13th Amendment in the NORTH & EAST ONLY can prevail either within Sri Lanka, or be accepted in a any international forum, for it is against the democratic will of the majority of the people of Sri Lanka.

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