India Cautions Lanka
Posted on May 19th, 2013

Ira de Silva London, Canada

The Editor
The Island
Colombo, Sri Lanka
 
Dear Sir:
 
The telephone call made by the External Affairs Minister Salman Khurshid to Minister G.L. Peiris has been reported in news media under different captions. The Island heading refers to India’s opposition to the army acquiring private land while the Indian Express headline reads “Don’t Dilute Autonomy India tells Sri Lanka”. The Indian version  illustrates the fact that India believes that it can dictate to Sri Lanka where to station the army, what to do with land in Sri Lanka,  how many service personnel to maintain and where. It reinforces the Indian perspective of 1987 that it can threaten and intimidate Sri Lanka which culminated in the Indo Lanka Agreement and the resulting 13th Amendment which India continues to use to bludgeon Sri Lanka.
 
Given that the Indo-Lanka Agreement and the 13th Amendment were forced on Sri Lanka by India with the threat of force – fighter jets flying over Sri Lanka and Indian gunships outside Colombo while the so-called international community was unconcerned with this aggression, it is time that the GOSL acknowledges the fact that Sri Lanka was forced to endure a further twenty two years of LTTE terrorism which the Indian dictated Accord was supposed to end. India continues to force the 13th Amendment on Sri Lanka because it was created by India. However, India did not live up to it’s own commitments under the Accord  which means that it has no right to expect or force Sri Lanka to accept the 13th Amendment. The time is now to amend/discard the 13th Amendment and replace it with a  “home grown” solution as promised by the President.
 
On the anniversary of the defeat of the terrorist LTTE created, promoted and supported by India to be used against Sri Lanka so that India could get votes in Tamil Nadu, it is not sufficient for the President to state at the Victory Day parade that there will be no room for separation.  If he recognises the fact that there have been many strategies by external forces to rule Sri Lanka, it is obvious that he is aware of Indian ambitions to dictate policy to Sri Lanka based on the 13th Amendment which was India’s contribution to give the LTTE it’s  Eelam. If the President recognises that the hidden agenda is the expectation of the breakup of the country and that this goal is being actively promoted from within by the TNA, externally by India to get votes in Tamil Nadu and in countries where the Tamil diaspora voting blocs are influential, the question is why the GOSL does not act once again to protect the sovereignty and territorial integrity of the country.
 
The time has come where speeches are insufficient.  The people of Sri Lanka believe that the current administration stood firm against foreign intervention and threats and were able to defeat the LTTE militarily to protect the country and it’s people. Today the same situation  faces the country politically. India once again is threatening the sovereignty of the country backed by the western countries supportive of the LTTE goals. Will the GOSL once again withstand this pressure as it did in 2009 or create the Eelam that so many died to prevent? Will the bravery of the thousands of service personnel who gave their lives to defeat Eelam have been in vain? The single driving force that gave this administration victory at the polls was the defeat of the LTTE. If the current administration merely pays lip service to these brave service personnel and permits the breakup of the country, does it believe that it will have the support of the majority of the people of Sri Lanka?   The fourth anniversary of May 19,2009 is the best time for all Sri Lankans to reflect on this.
 
It is unfortunate that the leader of Sri Lanka’s Opposition has always been ready to give the LTTE their Eelam in the useless hope that he will win elections. It is time that the Opposition  thought of the country rather than petty politics, learn from the mistakes they made during the war by giving the LTTE their Eelam in the Vanni,  belittling the Sri Lankan forces and trotting the globe to canvass opinion as to how to appease the LTTE.  
 
The LTTE is once again threatening to divide the country. The sacrifices made by the service personnel and ordinary Sri Lankans to defeat of the LTTE militarily will be in vain if the GOSL, the Opposition and any and all patriotic, national minded people do not act now to defeat the current threats and take immediate action to abrogate the 13th Amendment which is an Indian creation and therefore very important to India but detrimental to Sri Lanka. It will confirm to India and the international community that Sri Lanka is a sovereign country and will act only in the best interests of the Sri Lankan people.
 
Yours truly,
 
Ira de Silva
London, Canada

12 Responses to “India Cautions Lanka”

  1. Ben Silva Says:

    tIME TO IMMEDIATELY DUMP 13A. But the initiative need to come from the ordinary people and they need to show that they have a spine and can resists imperialists. Does the evidence show that we have a spine?

  2. Senevirath Says:

    MAY BE in 1932 J R JAYAWARDENA — the traitor— stated that sri lanka should be a part of india and further said that it is
    useless to dream about dutugemunu period.

    he did it in 50 years– 13A——-

    no wonder nowdia warning us

  3. Senevirath Says:

    correction ——-now india warning us

  4. mario_perera Says:

    India warns Sri Lanka about tampering with THEIR 13A

    This most recent nose sticking of India’s Foreign Minister into a matter that only concerns the Sri Lankan people and government is the perfect embodiment of what hogwash Sovereignty, Integrity and Independence of Nations mean. It shows what respect they have for democracy and self governance of Independent nations. It is nice to speak of values associated with good democratic governance. The much vaunted and highly flaunted values that go to make a nation Sovereign, Integral and Independent are juggling objects for their deformed immoral minds.
    Can Sri Lanka be a Sovereign, Independent State when everything is being manipulated by outside forces? Where is the supremacy of our parliament? We are democratic if we obey their dictates. We are free from their persecution if we toe their line. Our government’s role is to enforce their decisions in our regards. What voice has our people? They can be suppressed, oppressed, crushed even, if only foreign imperatives are followed.

    Democracy today is an immoral, farcical exercise with the strings being wielded from outside by the White marauders and their ‘other coloured’ lackeys blatantly intruding into our sacrosanct national precincts. What the West and their Lackeys call democracy is hypocrisy, double standards, immoral ideologies and all that smacks of evil. We are the prey of that axis of evil which is the USA- EU and the cohorts lead by India that lick their boots.

    Their message to us is clear as crystal: keeps the tags on, they are ours and it is we who stick them. You will continue with our labels “Sovereignty, Integrity and Independence”. Continue with your elections, but it is what We decide for you that is subject to endorsement by your people. If your people think otherwise, suppress them, deprive them of liberties, kill them, manipulate parliament with every undemocratic and fraudulent measure until they fall in line; or engage in cheating to make what they decide appear otherwise. In short, to hell with governments and people: the only thing you should remember is that you are under our jack boots. One phone call should be considered more decisive than national elections. One phone call is absolute and irremediable and washes away the most extravagant high flown parliament debates and votes to the contrary.

    Ours is a game of cat and mice. Engage in all your mice play, just remember your country and parliament are play pens of US the CATS.

    Mario Perera
    Kadawata

  5. Sunil Vijayapala Says:

    so long we have ponnayas in the external affairs who lack the ability to stand up to these threats this type of hegemony will continue. gota makes statements every 3 months or so and keep a low profile. there is no continued agitation.
    21st will be a turning point to this administration and aftermath of npc elections will be their death.

  6. Fran Diaz Says:

    India has two interests, i.e. first, to keep India intact especially with breakaway tendency Tamil Nadu. A top Indian Indian politico said recently that “Sri Lanka should help Tamil Nadu”, not vice versa !

    Second, if possible to make sure Sri Lanka stays obedient to India for all time.

    As outsiders go, proxies included, to whom does India listen ?

    USA, India & Sri Lanka were all British colonies.

  7. Marco Says:

    I believe its “India cautioning Pres Rajapakse on the “personal” undertakings given to India”.

  8. hela patriot Says:

    Joke , it has taken 25 years and still our rulers have no character to change the law. A bloody disgrace . These idiots have sold our sovereignty to India. we are now a colony

  9. Lorenzo Says:

    “The eldest daughter of the former JVP leader, Rohana Wijeweera was arrested by the police after a complaint was filed against her by her mother, Police Spokesman SP Buddhika Siriwardena stated.”

    -adaderana.lk

    Thank g~d the same problem will NOT come from Thalaivar’s sons or daughter!!

  10. Ananda-USA Says:

    ARREST, PROSECUTE, CONVICT & PUNISH these UNREPENTANT SERIAL TRAITORS immediately!

    FINE them in CASH, CONFISCATE their PROPERTY, take away their CIVIC RIGHTS including the right to VOTE & ENGAGE in POLITICS, IMPRISON them at HARD LABOR, and ENACT a THREE-STRIKES-AND-OUT law that mandates COMPULSORY LIFE IMPRISONMENT for REPEAT OFFENDERS.

    Make the PUNISHMENT RETROACTIVE to PRIOR un-prosecuted TREASONOUS ACTIVITIES over the last 30 years!

    The GOSL has the laws on the books against TREASON … USE them …. for God’s Sake! Laws UNENFORCED are Laws NON-EXISTENT and VIOLATED with IMPUNITY!

    The US prosecutes ALL TREASONOUS activity by its citizens withoin the US and abroad. For example, the American Taliban who trained in Pakistan is now serving a Life Sentence in Maximum Security Prison. Why should Sri Lanka’s Security be less Valuable? Why?

    Failure to DISCOURAGE TREASON will guarantees the resurrection of Tamil separatist terrorism in the future!

    HAVE WE LEARNED NOTHING from the SUPINE PASSIVITY of OUR RECENT PAST?

    Do not APE Nero by playing the Harp AGAIN while Si Lanka BURNS!

    ACT NOW before it is TOO LATE!

    ………….
    >CID questions Sri Lanka Tamil parliamentarian over war victim commemoration

    ColomboPage News Desk, Sri Lanka.

    May 22, Colombo: The Criminal Investigation Department (CID) of Sri Lanka Police has interrogated the Vanni District Tamil National Alliance (TNA) Parliamentarian Sivasakthi Anandan yesterday in Colombo over his involvement in a function held last week to commemorate the Tamil victims of war.

    The Tamil MP has organized the commemoration in Vavuniya Town Hall on May 18 and the CID has questioned him on why he organized the function.

    Anandan has told the BBC Sandeshaya Service that he was also interrogated over four hours on a mobile phone conversation he had with the Tamil detainees in the Vavuniya Prison when the riots broke out in the prison last year.

    He has told the CID that the fasting Tamil detainees called him to mediate a solution for their grievances with the prison authorities and the MP with another TNA MP Selvan Adaikalanathan visited the prison to resolve the issue.

    Anandan was reportedly questioned on how he has developed mobile phone connections with the Tamil detainees and on the hunger strike staged last year by the prisoners which resulted in a riot at the prison.

    Tamil MPs Suresh Premachandran and M.A. Sumanthiran have accompanied Anandan to the CID office in Colombo.

    Mano Ganeshan, the leader of People’s Democratic Front has meanwhile has said that ordering Sivasakthi Anandan to report to CID is a violation of public’s right to commemorate the dead and the provisions in Lessons Learnt and Reconciliation Committee (LLRC) report clearly indicates that the public must be provided with an opportunity to commemorate dead.

  11. Ananda-USA Says:

    Finally, a CONCRETE MOVE to REPEAL the 13th Amendment!

    Bravo, Jathika Hela Urumaya!

    ………………………………………
    Sri Lanka Buddhist party reveals its constitutional amendment

    ColomboPage News Desk, Sri Lanka.

    May 22, Colombo: Sri Lanka’s Sinhala Buddhist political party Jathika Hela Urumaya (JHU) Wednesday revealed the 19th Amendment to the Constitution proposed by them.

    Legal adviser of JHU Udaya Gammanpila, Member of Western Provincial Council, briefed the content of the proposition today at a press conference held in Colombo.

    JHU Gampaha district MP Ven. Athuraliye Rathana Thero said the party expects to bring in the proposal to the parliament as a private member’s motion.

    Full Text of the Amendment:

    The proposition named as An Act to amend the Constitution of the Democratic Socialist Republic of Sri Lanka aims primarily to repeal the 13th amendment to the constitution which paved way for the power devolving Provincial Council system in the island.

    Full text of the draft constitutional amendment is as follows: Whereas the 13th Amendment to the Constitution was purportedly enacted, consequent to the Indo- Sri Lanka Accord being entered into between the President of Sri Lanka and the Prime Minister of India in 1987 under duress in defiance of the sovereignty of the people of Sri Lanka and,

    Whereas the Supreme Court of the Democratic Socialist Republic of Sri Lanka did not approve the provisions of the 13th amendment Bill as being consistent with the Constitution in as much as only four judges of the Supreme Court out of nine held that the approval of the people at a referendum was not required to enact the 13th Amendment whilst five judges held that at least one or more of the provisions of the Bill was in violation of the Constitution and therefore required the approval of the people at a referendum and,

    Whereas in terms of Article 80(2) of the Constitution “where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the people at a referendum” such bill or such provision shall become law only upon the same being approved by the people at a referendum and the President certifies that the Bill or any Provision thereof has been so approved in the manner as set out in the said Article.

    Whereas the majority of the Judges that constituted the bench of the Supreme Court had determined that the Bill or any one or more of the provisions thereof requires the approval of the people at a referendum, such Bill can become law only if complied with Article 80(2) upon being approved by the people at a referendum and therefore the purported certificate of the Speaker endorsed on the Bill purportedly under Articles 79 and 80(1) of the Constitution is invalid and unconstitutional and,

    Whereas the Supreme Court has determined that any Bill or any Provision thereof requires the approval at a referendum the only cause of action available under the law is to comply with the process set out in Article 80(2) and the purported Amendment made to Clause 154G(2)(b) and 154G(3)(b) of the 13th Amendment Bill in Parliament without a further determination by the Supreme Court is unconstitutional and unlawful and,

    Whereas the 13th Amendment in Article 154A(3) provides for the establishment of one administrative unit for two or more Provinces, to accommodate the unlawful undertaking given by the then President of Sri Lanka in the Indo-Sri Lanka Accord to establish one administrative unit for the Northern and Eastern Provinces of Sri Lanka on the erroneous and false basis that the Northern and Eastern Provinces form part of the homeland of one single ethnic and /or linguistic community as claimed by the separatist forces and,

    Whereas the 13th Amendment has sought to abdicate the legislative power vested in Parliament and the Executive power vested in the President by the division of governmental power and restricted the Parliament and the President respectively exercising the legislative and executive power of the people and thereby offended the unitary character of the State, Whereas the 13th Amendment has vested inter alia police powers (including powers in relation to maintenance of public order) in Provincial Councils which was hitherto exercise by the Government of Sri Lanka, which will be a serious threat to national security concerns of the Republic in as much as, ,

    (a) the 13th Amendment provides for the Chief Minister of a Province to directly control the Head of the Provincial Police Force and thereby all Police Officers of the said Force and even national police units operating in any province. (vide Item 11 of the Appendix of List 1 of the 9th Schedule) thereby effectively taking away the powers of the Inspector General of Police and the Government of Sri Lanka exercising any authority over such police force, ,

    (b) the 13th Amendment entrusts the responsibility of prevention, detection, investigation of all offences (except the offences specified in the Schedule therein) and institution of prosecutions (subject to the powers of the Attorney General) to Provincial Councils and to enact any law on any such matter and further empower any Provincial Council to prevent any Police Officers of another Province entering such Province (vide the limitations contained in sub paragraph (k) of the 2nd item of List II of the 9th Schedule) and thereby jeopardizing the management of law and order and the national security of the Republic.

    (c) the 13th Amendment even restricts police officers of the national police force from being in uniform compelling them to be in plain clothes even when performing the limited responsibilities allowed within a province such as when engaging in prevention, detection and investigation of a scheduled offence (vide Item 10:1 read with 12:1 of the relevant Appendix of the 9th Schedule).

    Whereas the 13th Amendment, though based on the Constitutional structure of India, denies the Government of Sri Lanka to intervene in the event of a Province acting against the interests of the Republic, although the Central government of India is empowered to intervene in similar situations. (Vide Article 256 and 257 of the Constitution of India).

    Whereas the power of the Government of Sri Lanka to give directions with regard to the manner of exercising executive power by a Province is restricted to a situation where 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 (vide Article 154J and 154K) no such limitation is placed under the Constitution on the Government of India and,

    Whereas the 13th Amendment seeks to weaken the Government of Sri Lanka whilst strengthening the Provincial Councils and thereby destroying the unitary character of the State, territorial integrity of Sri Lanka and the sovereignty of its people and,

    Whereas Sri Lanka is a Free, sovereign, independent and unitary State and it is the duty of the State to safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka and the provisions of the 13th Amendment are a threat to the independence, sovereignty, unity and the territorial integrity of Sri Lanka.

    BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:- 1. This Act may be cited as the Nineteenth Amendment to the Constitution. 2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the “Constitution”) is hereby amended by the repeal of ; ,

    (a) Chapter XVIIA

    (b) Article 155(3A)

    (c) Ninth Schedule

    3. Article 170 of the Constitution is hereby amended by the substitution, in the definition of “written law” for the words “and includes statutes made by Provincial Councils, orders” of the words “and include orders”.

    4. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

  12. Ananda-USA Says:

    The Opportunity to Revive the Sovereignty of Sri Lanka to its Full Resplendent Status is HERE!

    RISE UP …. O Patriots of Mother Lanka …. and EXPUNGE the 13th Amendment from Sri Lanka’s Constitution!

    ……………………….
    Sri Lanka coalition partner calls to mobilize public against 13th Amendment to Constitution

    ColomboPage News Desk, Sri Lanka.

    May 24, Colombo: The Jathika Hela Urumaya (JHU), a coalition party of Sri Lanka’ ruling United People’s Freedom Alliance (UPFA), said it will take measures to mobilize the public to urge the government to abolish the 13th Amendment to the Constitution.

    JHU parliamentarian Ven. Athuraliye Ratana Thero said the public must be mobilized to urge the government to change its stance on the 13th Amendment.

    The Thero’s call to abolish the 13th Amendment came in response to the statement by Cabinet Spokesperson Minister Anura Priyadarshana Yapa that the government would not abolish the 13th Amendment.

    At the cabinet press briefing Thursday Minister Yapa said the government has no intention whatsoever to postpone the Northern Provincial Cunicl polls, repeal the 13th Amendment or introduce amendments to the Constitution to remove police and land powers to the provinces.

    Ven. Ratana Thero has observed that the JHU’s proposed motion to amend the Constitution to abolish the provincial council system in the country is to be presented to parliament next week.

    The coalition party Wednesday revealed party’s proposed 19th Amendment to the Constitution primarily to repeal the 13th Amendment to the Constitution which paved way for the power devolving Provincial Council system in the island.

    The party says 13th Amendment to the Constitution was enacted consequent to the Indo- Sri Lanka Accord being entered into between the President of Sri Lanka and the Prime Minister of India in 1987 under duress in defiance of the sovereignty of the people of Sri Lanka,

    The JHU is vehemently against the land and police powers given to the provinces under the 13th Amendment and calls for amending the Constitution to take away those powers from the provinces before holding the elections to the Northern Provincial Council scheduled for September.

    Their call is supported by Sri Lanka’s Defence Secretary Gotabhaya Rajapaksa, who says that he would never agree to granting police powers to provincial councils according to the 13th Amendment to the Constitution.

    The Defence Secretary is of the view that granting police powers to provincial councils in future could pose a serious threat to national security and lead to a dangerous situation.

    Minister Yapa said if the government introduces the Constitution or amendments to the Constitution it would be through a consensus by all stakeholders.

    The government would resort to a power devolution process or introduce constitutional changes only through an extensive political interaction with all political parties and other stakeholders and that is why the government took measures to constitute a Parliamentary Select Committee (PSC) to discuss all these issues related to power devolution, police and land powers to PCs and security issues of the provinces, the Minister said.

Leave a Reply

You must be logged in to post a comment.

 

 


Copyright © 2018 LankaWeb.com. All Rights Reserved. Powered by Wordpress