India shoots across the bows: In naval jargon we have to surrender.
Posted on May 21st, 2013
By garvin Karunaratne, Ph.D.
ƒÆ’-¡ƒ”š‚ The warning from India has come in the form of a message from the Indian Foreign Minister Kurshid to Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Foreign Minister G.L.Peris.
ƒÆ’-¡ƒ”š‚ The message is clear and firm : ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Sri Lanka is not to remove land and police powers from the Provinces prior to the election in the Northern ProvinceƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚Sri Lanka is not to take any steps in the light of its own commitments to the 13 th Amendment to the ConstitutionƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. It also cautioned Sri Lanka against land being acquired for the Army.
ƒÆ’-¡ƒ”š‚ It is a warning shot across the bows, which meansƒÆ’-¡ƒ”š‚ a firm message that one has to surrender. There is no option. The shot has gone through the bows of the ship which means that the ship can be sunk at will by the cannon being lowered a few degrees.
ƒÆ’-¡ƒ”š‚ India is entitled to send this warning message because the 13 th Amendment is IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s foray into our Constitution and India has to willy nilly support it to the hilt. This Amendment wasƒÆ’-¡ƒ”š‚ imposed onto our Constitution by the might of Prime Minister Rajiv Gandhi who sent a sortie of fighter jets to fly low over Colombo, made an Indian destroyer appear off the Port of Colombo and did a parippu drop over Jaffna, infringing the sovereign right of Sri Lanka. It was President Jayawardena who shivered in his boots and gave in meekly.
ƒÆ’-¡ƒ”š‚ Liitle does Foreign Minister Kurshid understand that his contender this time is not President Jayawardena. It is noneƒÆ’-¡ƒ”š‚ other than President Rajapaksa, a hardened politician, a person who stoodƒÆ’-¡ƒ”š‚ undeterred when all the Superpowers including the USA, France, Britain, France and many others told him repeatedly to stop totally annihilating the LTTEƒÆ’-¡ƒ”š‚ There is no doubt in my mind that President Rajapaksa is not going to take this shot across the bow lying down in the manner of President Jayawardena.
ƒÆ’-¡ƒ”š‚ One has to realize that the 13 th Amendment was not dictated or written by any Sri Lankan. Instead it was Rajiv Gandhi the Prime Minister of India that brought it down, lock stock and barrel, and made President Jayawardena gulp it down, in the manner of a baby being fed a medicine. If the baby resents the taste,ƒÆ’-¡ƒ”š‚ close shut the nostrils till the baby gulps it down.
ƒÆ’-¡ƒ”š‚ The mahestro ran down to the five star Hotel where he had kept all the Members of Parliament(Other than my friend and colleague Ronnie de Mel) incarcerated, took them under armed guard to the Houses of Parliament where they had to vote as he wished. The President also held in his pocket undated letters of resignation from all members of Parliament and he held them like a sword of Damocles on pain of dissolving parliament if they failed to adhere to his dictates.
ƒÆ’-¡ƒ”š‚ It is sad that decades have passed but yet we have miserably failed to understand the implications of the 13 th Amendment. To start with it imposed Provincial CouncilsƒÆ’-¡ƒ”š‚ and devolved legislative powers to them. Luckily land and police powers were not devolved, but even in education agriculture, social work, agriculture and such other unimportant subjects the Provincial Councils have miserably failed in administration No less a person than Dr C.S. Weeraratne has stated that the Provincial Councils have failed to implement the programs laid down to control CDKU, the kidney disease that has taken its toll of the peasants in Rajarata. This disease is killing the peasants in the thousands and the Provincial Council that is in charge of health and agriculture cannot be moved into action..
ƒÆ’-¡ƒ”š‚ Almost all the proponents of the 13 th Amendment do not understand the implications because most of them do not hold islandwide administrative experience. To most of them it is a political policy of devolving power and devolving power is easier said than done. It is supposed to be progressive therefore their liberal minds have gone to support it.
ƒÆ’-¡ƒ”š‚ It so happened that I have worked in a number of government departments where I have had to handle inter district and island wide activities.
ƒÆ’-¡ƒ”š‚ The problem in Sri Lanka is that it is a small country far smaller than the smallest State in India. However within its small size there is a variety of climates and thus production of crops is totally different from Province to Province. The largest river, the Mahaweli,ƒÆ’-¡ƒ”š‚ though its length is around 250 miles flows through a number of Provinces providing water for irrigation paddy land. Hydro Electricity is generatedƒÆ’-¡ƒ”š‚ in the Central Province but is distributed throughout all nine Provinces. Crop production is also diverse.ƒÆ’-¡ƒ”š‚ It means that while the production of a crop is mainly in a Province or two, the crop has to be sold in other provinces.
ƒÆ’-¡ƒ”š‚ My experience is therefore valid. I am not hypothesizing and imagining. The problem is real. Activities in all provinces are interlinked. Thus my experiences will convince many who want the 13 th Amendment that it will lead to total chaos.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ In detail, when I covered the Southern Province as an Assistant Commissioner of Agrarian Services I was postedƒÆ’-¡ƒ”š‚ at the Rice Mill at Ambalantota, but during the harvesting season- for some five to six months in the year I had to clear around thirty wagon loads of paddy dispatched from Batticaloa and Polonnaruwa. If I failed the farmers in Batticaloa and Polonnaruwa will not be able to sell their paddy to the Government go downs. If I worked for a Provincial Minister of Agriculture in the Southern Province he may not be interested in clearing the wagons of paddy, because it was mainly to help the farmers in other Districts. Similarly other crops. I can quote of an incident that happened to me. This was regarding the marketing of Red Onions, which was grown in Jaffna and marketed throughout the country through the Marketing Department shops. We sold to retail customers as well as at a wholesale rate to traders. This too happened when I worked in the Southern Province. The Red Onion season was a nightmare to the Assistant Commissioner in Jaffna. The produce was purchased through cooperative societies and stored in our godowns. Daily around ten to twenty wagon loads were dispatched to other parts of the island. Around two wagon loads came to Galle and that was my distribution point to traders. One day I was in Galle and on my inspections I was satisfied with the availability of red onions in the MD shop and I also went around to the shops of private traders who were also selling red onions. Satisfied, I went back to Ambalantota by night. The next morning a telegram came to my office(That was in 1958 when even telephones hardly worked). It was from the Commissioner. It read. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Member of Parliament Dahanayake of Galle complains of lack of red onionsƒÆ’-¡ƒ”š‚ in Galle. Inspect immediately and reportƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. It hit hard on my administration. I had to be aware of the availability of all essential commodities and should have proper supervision to ensure that all essential goods are available both at MD shops as well as at private traderƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s shops. I hooked to Galle and reached there before dark. I was surprised to find red onions in plenty with traders, selling a few cents above the retail price at our MD shop. I went to my shop and inspected the stocks and everything was normal. There was no shortage whatsoever. Then armed with information I went to the residence of Mr Dahanayake and he was not in, I waited for him and he came in late in the night and was surprised to see me.ƒÆ’-¡ƒ”š‚ I showed him the telgram I received and told him point blank that there was no shortage. He looked hard at me for a few minutes. I knew him well, having met him at meetings. He spoke:ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-You know, Garvin, one of my supporters came to me and told me that there was a shortage and I sent a telegram to the Minister purely to satisfy himƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-But that also gives the wrong impression to my Commissioner that there is a shortage of red onions in Galle.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-I had to send that telegram to satisfy him. I will inform the Minister that there is no problem about the distribution of Red Onions tomorrow.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ I had to accept what he said and reported accordingly.
The distribution of red onions in all districts had to be done efficiently to enable the Red Onions to be purchased in Jaffna and the Ministry held usƒÆ’-¡ƒ”š‚ working in all other ProvincesƒÆ’-¡ƒ”š‚ responsible.
ƒÆ’-¡ƒ”š‚ This would be true of many other crops. ƒÆ’-¡ƒ”š‚ Tomatoes are grown plentiful at Hanguranketa and Kekirawa, but purchased and dispatched to Colombo and canned into Sauce and Juice in the Cannery in Colombo. Potatoes are mainly grown in Nuwara Eliya and Badulla. Hill country vegetables like cabbage, carrots, beetroot are all grown in the Bandarawela, Nuwara Eliya area and marketed in Colombo and Kandy. Take oranges- Bibile was the orange belt and produced enough oranges and it was made into juice in our cannery in Colombo and sold islandwide.
ƒÆ’-¡ƒ”š‚ Getting down to industries too one will find that due to raw materials being found in particular areas, manufacturing is centered there but the sales have to be island wide.ƒÆ’-¡ƒ”š‚ Coop Crayon, an industry set up under my direction in Deniyaya was sold islandwide during the period 1971 to 1978. If it could not find sales islandwide the coop crayon would have to close down.
ƒÆ’-¡ƒ”š‚ Once I was in charge of fertilizer distribution in the entire island. Our stores in the districts had to be full of stocks and loans were given by our department to the cooperatives to enable them to buy fertilizers and sell them to the farmers. It was my Department that sent out the first circular detailing the variety of fertilizer to be used and at what stage and administratively this was enforced through the cultivation committees island wide. There was no question of any Provincial Minister or Provincial officer not cooperating. Our district officers had to carry out instructions otherwise they would have been shown the door by me. Earlier I have stated that Dr C.S.Weeraratne had complained that the provincial Council at Northern Central Province had not taken any action to stop the spread of CDKU the kidney disease that is taking toll of the Rajarata peasanty in the thousands.
ƒÆ’-¡ƒ”š‚ That demise will also be the unfortunate plight of Sri Lanka if the Provinces are given powers. The Provincial Councils and the 13 th Amendment should abolished in the national interest.
ƒÆ’-¡ƒ”š‚ Another important aspect that has to be stated in this connection is that today Sri Lanka depends on India for Aid and many other areas. It uses Indian Credit for various purchases. India is the second biggest donor of Aid. The Northern Province railway lines are being built by India. Sampur Coal depends on India. Thus it is no surprise that India is treating our country as a subservient State. My thoughts are that we should not have accepted Indian Aid to build anything. We should have doneƒÆ’-¡ƒ”š‚ what we can and be satisfied. With debt comes subservience and that is definite. .
ƒÆ’-¡ƒ”š‚ It is necessary that Sri Lanka asserts itself in industry and does development tasks of its own without assistance from India. Many are the small industrial goods that we import from India and many other countries costing us valuable foreign exchange. Yesterday it was stated that we even imported beer from India and Vietnam. Our oranges are imported from India.ƒÆ’-¡ƒ”š‚ This list of imports from India will be vast. What is important is to make things local. During the pre-UNP days of Prime Minister Sirimavo we made many things on our own. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The experience of the Divisional Development Councils(DDCP) 1970- 1977 is currently of great importance to those handling economic development.ƒÆ’-¡ƒ”š‚ The DDCP included all the elements of vocational training in an on the job manner and active guidance, ending in the trainee being cooperatively employed in production.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚(From my book:ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚Papers on the Economic Development of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, Godages)
ƒÆ’-¡ƒ”š‚ My experience ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” talking from sheer practice- what we did tells me that we can move ahead. At Matara we found the art of making crayons in the science lab at Rahula College and Member of Parliament at Deniyaya Sumanapala Dahanayake with his youths got cracking- an industry that made crayons of superb quality established within a mere three months and produced a tenth of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s requirements. Again we established a Mechanized Boatyard a cooperative boatyard making 40 foot sea worthy boats- established within six months- from planning to seeing the first boat onto the sea. Many are the similar industries set byƒÆ’-¡ƒ”š‚ the Government Agents at that time. A similarƒÆ’-¡ƒ”š‚ move into import substitution will be a feather in the cap of the Ministry of Economic Development today.ƒÆ’-¡ƒ”š‚ In bothƒÆ’-¡ƒ”š‚ Coop Crayon and the Coop Boatyard, the leaders were raw graduates. Both acquitted themselves great,ƒÆ’-¡ƒ”š‚ Paliakkara ending as a Deputy Director of Planning and Kumarasiri as a Secretary of a leading Ministry. I am proud of their achievement. They worked under my direction but I had a hundred other things to do.ƒÆ’-¡ƒ”š‚ Today we keep complaining about education- all graduates being arts graduates. My statement is give them a chance. They will do it. Tissa Devendra of administrative fame was a graduate in English. Of other great administrators- M.S.Perera was a graduate in History and J.V. Fonseka read classics. Today we keep talking, finding excuses, depending on the private sector in our complying with IMF directives. We can make everything we require. It is a question of finding the expertise, the method of doing something and a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Sumanapala DahanayakeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, a politician cum leader to whom ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-No, it cannot be doneƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚ was a forbidden word.
ƒÆ’-¡ƒ”š‚ There is also another aspect to this. Where is the Aid, Where are the funds? Many will say there is no fund. The answer to this comes from the Youth Self Employment Programme of Bangladesh which IƒÆ’-¡ƒ”š‚ established in 1982, which is the premier employment creation programme in the world today, having guided 2 million youthsƒÆ’-¡ƒ”š‚ self employed by February 2011, When I sought and got approval no funds were allocated because the Government thought that it was impossibleƒÆ’-¡ƒ”š‚ as the ILO had failed after spending millions in the earlier years. The Secretary was given the approval to use already approved vocational education funds to guide youths to establish industries and asked to add self employment guidance to the duties of the lecturers.ƒÆ’-¡ƒ”š‚ The Bangladeshi administrators worked pell mell, like in our DDCP days. Today Sri lanka has a massive work force and it is up to make use of them in an innovative manner.
ƒÆ’-¡ƒ”š‚ To me there is a way ahead. No to the International Community, No to the IMF to whom we are subservient now due to the United National Party accepting their Structural Adjustment Programme and making our country indebted, requiring to raise more loans to service the existing loans, and No to India and its antics of ruling us through their 13 th Amendment imposed on us by force of arms.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ I am certain that our current leaders will be up to this task.
ƒÆ’-¡ƒ”š‚ Garvin Karunaratne
Former Government Agent, matara District
May 21st, 2013 at 2:33 pm
President visits China next week.
Bring down Chinese navy for a permanent base in SL. THEN SCRAP 13 amendment.
Endia will NOT make even a statement against us or the Chinese.
May 21st, 2013 at 2:35 pm
BBS is getting STRONGER by the day because MR listens to Endia and NOT the people.
May 21st, 2013 at 5:37 pm
J V P WAS AGAINST PROVINCIAL COUNCILS IF THE GOVT SCRAP IT J.V P HAS TO SUPPORT IT AS A POLICY. WE CAN JUST IGNORE U N P TRAITORS AND MARXISTS
IS MAHINDA GOING TO CHINA TO BORROW SOME MORE MONEY to develope north OR TO GeT HELP TO SCRAP 13 A?
May 21st, 2013 at 6:09 pm
beginning of the end of mahinda’s regime will begin the day after elections of npc. yes bbs must enter politics although up to now they haven’t , which is a blatant error. get the armed forces on their side, and capture power eventually, through peoples power. no democratic means through vote can end this corrupt regime.
deterrence is important – so the answer is china and russia sharing bases in the island. if ussr was in existence usa wouldn’t have dared to attack Iraq – as there was no deterrence they just walked in. india should be attacked from all sides china from north Pakistan from west Bangladesh from east and a coalition force from sri lanka. this anglo saxon back licking bastard should be taught a lesson.
May 21st, 2013 at 10:08 pm
THE TAURUS IS ENTERING THE CHINA SHOP.AS SEEN on the Horizon. Miss SALMAN KHURSHID should find a way for a quick Exit.
THE BULL FROM HAMBANTHOTA, IS A Formidable specimen’. He had the capacity to keep ” FUKUS” OUT OF RADAR. Keeping India out of our Magnetic field is childs play. GL~~BULL BULL, MUST TELL MISS SALMAN BLUNTLY, THAT HE HAS NO FEELINGS FOR HER JUST NOW, and is not yet ready for dating. Also GL Bull Bull should advice her not to be a virago, and not act as a Seductress.
There are Government invertebrates (Clowns ) who hop to India, and pleadingly, supplicate Indians to come to Sri Lanka and a start Business ventures , for very Big Profits. Little do these hopping imbeciles, know that the Indians are brining their families as Employees in their business, and SRI LANKA IS FLOODING WITH INDIAN, Labour.. They have very high Salaries , and the are duplicating our Sri Lankan Labour, who are paid very much less.
It is time to stop Government clowns stop laying RED Carpets for Sakkili Indians, to fit into Sri Lankan Jobs. It is a very sad state that our Sri Lankan Males and Females, are sent to Saudi Arabia, and end up living under Bridges, by the thousands. The Government Ministers and MPs should initiate to help the Helpless. Those under the Bridge has no food and water, WAKE UP MINISTERS AND MPs. PLEASE DO WHAT YOU HAVE TO DO RIGHT. FOR A START, GIVE A HAND TO PARLIAMENT. THANKS. SUSANTHA.
May 22nd, 2013 at 1:47 am
It is time that the Sinhala people start developing some self respect and self esteem and stop being slaves to foreigners. We should stop blindly following dangerous Indian suicidal cults that even Indians do not believe.. If we give up desires we will end up as nobodies. But of course respect Buddhism as it is a part of our heritage . But we need to learn, adapt intelligently and move on rather than be stuck in an ancient hole. It is all in the mind and brains – need to start thinking, learn critical thinking skills, instead of sticking to the ‘modaya’ label.
May 22nd, 2013 at 3:13 am
UNP and JVP should help the president to overcome this problem by scrapping 13A. Othervise they too will be history.
May 22nd, 2013 at 5:27 am
@ Susantha Wijesinghe : So dude , all the Indians are Sakkiliyas – is it ? That means all the Sinhalese are Pariah’s, is it ?? Is that your logic ? This is a public forum , and I warn you , use decent words. You are a cardboard chandiyaa , sitting inside a rat hole somewhere and insulting other communities . Do you have the courage to land at an Indian Airport and call us Sakkiliya’s ?? If your ministers are bending over backwards to please the Indian leaders, then that is your problem – not ours !!!!
May 22nd, 2013 at 11:35 am
JR USED HIS TWO THIRD + TO DESTRY THE COUNTRY
WHAT IS MAHINDA GOING TO DO WITH IT? will he betray the mojority by not using this power to scrap 13 a . referendom will say “SHUT UP TO THE REST OF THE WORLD”” go for that mahinda
May 22nd, 2013 at 1:02 pm
Finally, a CONCRETE MOVE to REPEAL the 13th Amendment!
Bravo, Jathika Hela Urumaya!
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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.
May 22nd, 2013 at 1:41 pm
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!
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>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.
May 22nd, 2013 at 1:42 pm
BREAKING NEWS
“London (CNN) — A man thought to be a serving British soldier was killed by two armed men in a frenzied attack on a London street Wednesday, in what the government is treating as a suspected act of terrorism.
Witnesses told of a gruesome scene in which the man was hit by a car, then hacked with cleavers and his body dumped in the middle of the road in Woolwich, southeast London.
The two suspects in the killing were injured in a confrontation with police and have been taken to two hospitals, where they are being treated.
CNN affiliate ITN aired a video showing a man with bloody hands and holding a meat cleaver, who says, “We swear by almighty Allah we will never stop fighting you.””
This is what will happen in SL if we don’t have BBS.
Just a month ago SL born JIHAD terrorists in London threatened SL. UK govt. should send them to Guantanamo Bay.
May 22nd, 2013 at 2:02 pm
Yes, Bravo JHU !
Long live Lanka, United & Undivided !
May 22nd, 2013 at 3:33 pm
@sridaran: Yes, I really think so. The Sihalayas never came from any country,so they are pure breds born in Sri Lanka. Only people who come from foreign countries are known as Pariahs. For example, Indians in Sri Lanka are Pariahs. Very logical. This is a public forum no doubt, and the editor will so decide. Find another sucker to warn.
“this Anglo Saxon back licking bastard should be taught a lesson ” are the most decent words used on an Indian Interloper, on this same page. Iam so happy that you think so. You do not need to warn him.
I love to be a cardboard chandiya once in a way. Yes I live in a rat hole, but what I said was not an insult to other communities, other than Sakkiliyas.
Oh no!! I do not want to land at an Indian Airport, to call Sakkiliyas, “Sakkiliyas. I have landed at much better Airports, while living in what you call a rat hole, all of which I name here, vis-à-vis Narita, Amsterdam, Dubai, Frankfurt, Atlanta, Reno, Nevada, BIA, Heathrowe, France, Zurich etc, just to name a few.
You will never get a Visa to come anywhere near the rat hole that I live in, if that is your idea of luxury living. If you call luxurious living, a rat hole, so be it.
May 24th, 2013 at 12:33 pm
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.
May 25th, 2013 at 4:45 pm
Sridaran, many Westerners describe Indians in far worse terms than “back-lickers” (usually spoken behind your backs). Another slavish tendency of some Indians is to denigrate non-western people and cultures, such as ours, using Anglo Saxon yardsticks. You see the problem is you are frustrated that most people in your country are forced to live with the rats. This has to be, to propogate the Indian way of life where the poor are purpetually forced to live without dignity, in abject poverty in filthy conditions so the rich can feel priviled and smart. So you try the same thing on lankans. You come to lankaweb to insult all Sri Lankans but if a white man calls you a “congenital, stinky, opportunistic, two-faced, corrupt, ill-mannered, dowry grabbing, rapist” you will quietly listen, smile, stand up and reply “yes sahib, very very bad Sri Lankans, very very very bad and cheeky Chinese sahib, let me kiss sahibs backside please sir”. Sahibs cant stand you either. But they are making use of you.
May 25th, 2013 at 11:00 pm
@ Voice123, first of all remove your colored glasses. I never visit Lankaweb to heap insults on Sri Lankans . But I swiftly register my response in your same tenor when a debate sinks to just insults and racism against the Indians. I am wearing two hats – as a Sri Lankan born , I am a Sri Lankan. As a Tamil of Indian origin – I am proud of my mother and mother tongue. My point is – I don’t consider you souls to be from a superior race or DNA than my race . I never will. You can shout yourself hoarse that your race is the best in the universe . The point, are your fellow inhabitants listening ?? Your indulgence in self satisfaction is not worth 2 cents to us !!! When I was in London, I know how ALL Sri Lankans , whether Tamil or Sinhala , were refered to by the skin heads. You are free to bury your head in the desert sands and pretend not to see or hear the reality around you . The more you speak of race superiority , the more humorous it becomes to all of us dude !!!!!!!!!!!!!!!
May 26th, 2013 at 1:39 pm
“…My point is – I don’t consider you souls to be from a superior race or DNA than my race . I never will. You can shout yourself hoarse that your race is the best in the universe”
Sridaran learn to read properly before responding. The only people claiming racial superiority on this forum are your fellow-Eelamists (talking of mono cultural enclaves and mythical homelands) and some Indians. Certainly not I. I was giving an example of some of the things regularly said about Indians by Anglo Saxons. Why are you coming to lankaweb to fight us when theres bigger fish to fry? Why are so many of your people perpetually kissing the backsides of the Anglo Saxon for special favours? This is all that SV and SW were stating earlier before you took offence. (not all Indians, only the retarded type that come to lankaweb to insult Lankans). But why are so many of your countrymen doing this? Is this furthering your collective “dignity”, that your politicians are always lecturing Sri Lanka about? Dont live in denial. Face up to it.
Sridaran, even an Indian doctor friend of mine agrees that Indians as a whole need to have more self respect and thinks you have a particular problem. I sincerely hope you can overcome this problem and stop coming to lankaweb to insult Sri Lankans.
May 26th, 2013 at 3:23 pm
Geez Sridaran you have got a nerve. The entire premise of India’s interference or special “concern” for Tamils only in Sri Lanka is based on the genetic superiority or “specialness” if the Tamils over the Sinhalese. Why else is India building houses and colonies in the north only for people of Indian origin? You wont answer my question because you cant. You’re living in denial. Its much easier for you to insult Sri Lankans instead, our diversity, our democracy, our politics, everything you can disparage you will. Doesnt certain branches of Hinduism, which also originated in India misinterpret Hindu teachings to say that Brahmins are genetically superior to dalits? Buddhism tried to correct these errors but was attacked by your “genetically superior” crowd from India. So are you saying it was correct for the Brahmins to torch Buddhist temples and places of learning and kill monks etc? Keep your misguided ideas to yourself. Dont project it onto Sri Lankans.
May 27th, 2013 at 12:46 am
@Voice123 : Are you really sleeping OR are you pretending to be asleep ?? If you belong to the second category, then I can’t help you . Otherwise, let me try to make you understand some stark facts :
1. I don’t come to Lankaweb to insult or castigate any particular community . I have been at the receiving end of racial slander when I was living in SL. I know the pain . I will never ever inflict the same pain on another community .
2. I am not an Eelamist. I have been a strong opponent of this Eelam theory all along , and I want SL to be one great undivided nation. You have no right to stick labels of convenience on your opponents . I am against terrorism . I am also against racism and racists like you. I decide who I am and what I do – no help needed dude !!
3. You talk of ” genetic superiority or “specialness” of the Tamils over the Sinhalese ” . I don’t agree. As far as I am concerned , all humans are genetically equal. When I was in School, I selected Sinhala as a special subject because I wanted to speak Sinhala fluently. I did not consider it a disgrace.
4. You say ” Why else is India building houses and colonies in the north only for people of Indian origin? You wont answer my question because you cant.” You misjudged me machan !! However idiotic your utterences may be – I will answer them. First – India is NOT building houses and colonies in the north for people of Indian Origin. Sri Lankans of Indian origin are living in the upcountry tea and rubber plantation areas and also Colombo. India is not building houses in Hatton or Nuwara Eliya . I actually want the Indian Govt. to do this , since you people are still extracting the sweat and labour of these voice less community and making them live in rat holes called Line Rooms. They need housing very badly. But the Indian govt. allocates crores to house people displaced by the war in the north. This too is a humanitarian need .
5. Lastly, you advise ” Keep your misguided ideas to yourself ” . Wrong point again Noise 123 ! I only come online when you misguided racists spew venom on my community . Otherwise, I choose to be silent .
May 27th, 2013 at 12:59 am
Bravo, Mr. Defense Secretary!
Indeed Sri Lanka cannot change its system of Governance to suit a Foreign Country; a Foreign Country that Rammed the 13th Amendment down Sri Lanka’s throat while it was Militarily Occupying a large part of Sri Lanka.
Sri Lanka is NOT BOUND BY AGREEMENTS FORCED UPON IT UNDER DURESS. Under International Law, no Country is bound to honor agreements entered into under blackmail.
Sri Lanka did what it had to agree to do then … in order to survive … just as a KIDNAPPED PERSON would sign over his property when a gun is held at his head. But, it is the duty of that victim to regain his freedom and to recover his assets and rights at the earliest possible opportunity.
There are many PRECEDENTS in International Law of NULLIFICATION OF AGREEMENTS ENTERED INTO UNDER DURESS. For example, Hitler forced Czechoslovakia to give up the Sudetenland to Nazi Germany under the threat of invasion by Nazi Germany, and abandonment by the Allied Powers. As soon as Nazi Germany was defeated, Czechoslovakia ABROGATED the Munich Agreement, and reconstituted itself in full regaining the Sudetenland.
The Rape of Sri Lanka by India, and the attempt to partition Sri Lanka by IMPOSING BY FORCE the 13th Amendment upon Sri Lanka, are CRIMES under International Law just as much as the Rape of Czechoslovakia by Nazi Germany was a CRIME.
It is the DUTY of ALL PATRIOTIC Sri Lankans to help FREE Sri Lanka of this CHAIN OF BONDAGE to India’s internal and regional political needs.
Sri Lanka MUST NEVER FORGET this CRIME which our own ethnic relatives in India, and our collaborators in the struggle for independence from Western Colonialists, INFLICTED upon us.
Sri Lanka must ALWAYS be PREPARED to DEFEND and PROTECT Sri Lanka’s TERRITORIAL INTEGRITY, Sri Lanka’s unique CULTURE that has DEVELOPED INDEPENDENTLY over many millenia from its early Indian origins, and the FREEDOM to GROW and PROSPER in the FUTURE as we Sri Lankans see fit.
There is AMPLE EVIDENCE in the MISSTEPS India has taken since independence, in governance, foreign relations, maintenance of internal security, and the assurance of equity to all of its citizens, that India has little to offer Sri Lanka in the way of SOUND ADVICE. India is travelling on a fast path to disintegration; Sri Lanka would be well advised to avoid all self-serving advice given by India and to protect itself in every way from contamination by India’s self-inflicted social diseases.
Rise Up …. O Patriots of Mother Lanka …. to GET RID OF the 13th Amendment and the Provincial Council System designed to create a Patchwork Quilt of Racist Apartheid Bantustans in Sri Lanka.
Let Sri Lanka move CONFIDENTLY towards the goal of ONE Indivisible Nation, of ONE Inseparable People, sharing ONE Indomitable Destiny!
……………………
Lanka can’t toe India line on 13th Amendment: Gotabaya
By P K Balachandran
NewIndianExpress.com
May 27, 2013
The influential Sri Lankan Defence Secretary, Gotabaya Rajapaksa, has said Sri Lanka should jettison the system of devolution contained in the India-inspired 13th Amendment of the country’s constitution, irrespective of India’s reaction.
“Just because India or some other country will get angry, we cannot stop doing what is good for our country,” Gotabaya told the Tamil daily Sudar Oli on Sunday.
He was asked if his statements against the devolution of power to the provinces would not irk India, which was responsible for the promulgation of the existing devolution system through the India-Sri Lanka Accord of 1987 and the 13th constitutional amendment which followed it. Indian Foreign Minister Salman Khurshid had recently expressed displeasure over Lanka’s attempts to prune the 13th amendment to deny the provinces powers over land and police.
Gotabaya expressed the fear that if the Tamil majority Northern Province went into the hands of the pro-LTTE Tamil National Alliance (TNA) following the September 2013 elections to the Northern Provincial Council (NPC), that province would demand power over land and police and jeopardize national integrity and security.
He recalled that the 13th amendment did not have the people’s support when it was enacted in 1987. The Janatha Vimukthi Peramuna had “set fire to the whole country,” and the LTTE leader Prabhakaran had rejected it, he pointed out.
“Why should we implement it merely because it meets India’s needs?” Gotabaya asked.
According to him some forces were trying to weaken Lanka’s Central Executive by divesting it of powers of land and the police; demanding independent commissions to make official appointments; and promoting an independent judiciary. Gotabaya, who is President Mahinda Rajapaksa’s sibling, suggested that Tamils, Sinhalese and Muslims, should all “forget” about the 13th amendment and think about a “reasonable” solution to the ethnic question.
However, according to “The Sunday Times” President Rajapaksa had told the cabinet that the NPC elections should be held as scheduled in September, and under the existing constitutional arrangement. Perhaps, Rajapaksa does not want to ruffle feathers in India and the West ahead of the Commonwealth summit scheduled to be held in Colombo in November.
May 27th, 2013 at 8:22 pm
“Why else is India building houses and colonies in the north only for people of Indian origin? You wont answer my question because you cant.”
Sridaran, most Tamil speaking people including Jaffna are Indian origin. India doesnt care about upcountry Tamils (Tamil, Malayalee etc) because they are considered low-caste. That is why India is helping only “Sri Lanka” Tamils. They are a political instrument. Is this selective behaviour not racist? Indian government behaves the same way in South Africa, Mauritius and Fiji, with special “concern” for Indian origin people only. They tried this tactic in Malaysia until that government stopped it. If you are honest, you will admit this. Some other Indians I know condemn their governments racist behaviour. Decent governments in India is needed.
May 28th, 2013 at 3:20 am
@Voice123 : THE TAMIL SPEAKING PEOPLE OF JAFFNA ARE NOT OF INDIAN ORIGIN. These people have NEVER identified themselves with my Indian Tamil community . They maintain their seperate identity and keep the Indian Tamils at arms length . Their Tamil Dialect is also so different from our Indian Dialect . I am a Tamil, and I know better than you – pls understand .
And the up country Tamils are a mixture of Thevars, Vanniars, Mudaliyars, Vellaalaas, Chettiars, Agamudiyars, Nadars, Gounders, Maravars, Reddiyaars etc. etc. These are not ‘low castes’ according to your classification. The Indian Govt. has banned the usage of the word ‘low caste ‘ to refer to the other castes ( Parayars, Sakkiliyars etc) which are now refered to as Dalits or Scheduled Castes. Of course these people also form a percentage of the Indian Tamil population now living in SL. Therefore Voice , you are making a big mistake by making a sweeping statement that ALL Indian Tamils living in SL are Dalits ! They form only a percentage. And the Indian Govt. has enacted so many laws in India to uplift these less fortunate citizens . They are given special quotas in schools and universities and also govt. jobs , and slowly this section of the community is joining the mainstream. Therefore , it is preposterous for you to let your imagination run wild and presume that India is not building houses in Hatton , Nuwara Eliya or Badulla because these people are Dalits !!!! Answer my question Voice – are there NO Dalits in Jaffna ?? Is it a 100% High Caste area ???
May 28th, 2013 at 11:32 am
JHU to hand over private member’s motion on abolishing 13 A tomorrow
by Ranil Dharmasena
Island.lk
May 27, 2013
The Jathika Hela Urumaya would hand over a private member’s motion to the Secretary General of Parliament tomorrow, seeking to repeal the 13th Amendment to the Constitution, which established the Provincial Councils, Western Provincial Council Minister Udaya Gamanpila said yesterday.
Gamanpila told The Island that the Sinhala and English versions of the proposed draft bill were ready and the Tamil translation too would be ready by today.
After handing over the bill, they would meet all political parties represented in Parliament, including the Tamil National Alliance, to apprise them of the importance of abolishing the 13th Amendment.
May 29th, 2013 at 4:22 pm
“THE TAMIL SPEAKING PEOPLE OF JAFFNA ARE NOT OF INDIAN ORIGIN. These people have NEVER identified themselves with my Indian Tamil community .”
Sridaran, yes Jaffna Tamils are of Indian origin. The fact they did not identify with recent Indian origin Tamils does not change this. The fact that they want to treat fellow Tamils in SL differently is further evidence of their Indianness. It is historically documented they came from India and were encouraged to settle there by the Dutch. Also most of them meet the key test of SL Tamil’s loyalty to India is that the so called Sri Lanka Tamils appoint and tolerate politicians that go running to India for intervention on their behalf. This alone proves they ARE Indian. If they are genuine Sri Lankan Tamils, they will initiate direct talks with the Sinhalese without asking India to interfere. The evidence is overwhelming. There are a few notable exceptions but most TNA Tamils, etc are best described as Indian. In fact, I wouldn’t use the label Sri Lankan at all in association with them. They themselves dislike the association.
Pardon my ignorance on caste. I think caste is nonsense (even those Sinhalese practicing caste for marriage, snobbery or patronage purposes, etc. is just the same). Up country Tamils may be from various castes, but they were all from poor backgrounds, that’s why the British took them around the world to exploit them on estates. Indian government does not respect or assist the poor in any real way – apart from politicians for their own power hungry purposes. Clean up the Indian government and it benefits the whole region.