Repeal 13A
Posted on June 15th, 2013

Michelle Alexander

July 29th marks the 26th anniversary of the Indo-Lanka peace accord.  The purpose of this accord was to end the war between the Sri Lankan armed forces and the terrorist outfit known as the LTTE. Further, this pact introduced the 13th amendment (13A) to the constitution of Sri Lanka, devolving power to Provincial Councils. It must be noted this was done so under duress as Sri Lanka faced the threat of Indian invasion. It must also be noted that every letter in the documents relating to the 13th amendment was drafted in Delhi. 

 What makes this even more galling is the fact that since the 80’s, successive Indian Governments have been directly or indirectly involved in LTTE activities.

  1. Training terrorists “”…” from the beginning of August 1983 to May 1987, India, through RAW   provided arms, training and financial aid to several militant groups such as the LTTE, TELO, PLOTE, EROS, EPRLF and TEAL. The rise of the LTTE is widely attributed to the initial backing it received.

During this four year period, upto 32 training camps were operated all over India to train these militants, yet this was denied by the then Prime Minister of India, Indira Gandhi. Contrary to her denials up to 3363 militants were given military training to fight against Sri Lankan armed forces during the succeeding years. What makes this ironic is Thenmozhi Rajaratnam alias Dhanu, who carried out the assassination of Rajiv Ghandi and Sivarasan, a key conspirator were among the militants trained by RAW in Nainital, North India

  1. Operation Poomalai “”…” on June 5, 1987, at a time when the Sri Lankan government stated that the armed forces were close to defeating the LTTE, the Indian airforce dropped 25 tons of food and medicine by parachute into areas held by the LTTE, which may have been in a direct move of support toward the rebels.
  2. In April 2013, Wikileaks released a copy of a cable sent from the US embassy in Sri Lanka on 05th April 1988, where they believe a sum of 50 lakhs was paid to the LTTE as compensation for the Indo-Lanka accord and the dispatch of Indian Peace Keeping Force (IPKF) to Sri Lanka. This was said to have been part a larger secret package of guarantees, which Prime Minister Rajiv Gandhi offered LTTE leader V Prabhakaran in July 1987 to get him to agree to the bilateral accord, said the cable.

If politicians from South India are so eager for Eelam, they are welcome have it, but in India itself. There is no place in Sri Lanka for separate a homeland. If there ever was one, all they have to do is to submit undisputable proof.   There is no use in kow-towing with western governments either. True, they provide aid to developing countries. But they have already created more problems than one can count in places such as Iraq, Afghanistan, Egypt, Libya and Syria. What good does it do to have international courts for human rights and war crimes when some of the biggest perpetrators go free? They spy on their own citizens, yet preach to others on freedom of expression, free speech and rights to privacy.  They keep military combatant prisoners without trial, or worse, ship them off to countries where torture is an accepted method of interrogation (some of these detainees have been proven to be innocent), yet turn around and preach to others about human rights and war crimes.  

There are also numerous organizations protesting the presence of the armed forces in the North. What they fail to realise is that due to the short distance between the southern tip of India and Sri Lanka, the presence of the armed forces and navy must be maintained along the coast line of the Jaffna peninsula and in key areas inland, to prevent any possible incursion from pro-LTTE groups in India. 

The time has come to repeal 13A, and gain back some of the hard won independence that gave this country its freedom from colonial rule. The security and safety of Sri Lanka and Sri Lankans must come first, something which the government must be aware of at all times.  

 

12 Responses to “Repeal 13A”

  1. Senevirath Says:

    when vellala politicians come in to power in jaffna they will suppress non vellalas and bring down more wealthy south indians. RICH WILL BE MORE RICH. most of non vellalas were sinhalese who were converted by force,.. so no wonder they are hated by vellalas.

    mahinda has given an assuarence that he will not allow anybody to divide sri lanka……….. now i think atleast he will try to dilute 13a

    WE HAVE TO PRESS MORE AND MORE

  2. Lorenzo Says:

    Well said Michelle.

    REPEAL 13 is the call.

  3. Sunil Vijayapala Says:

    beginning of the end of a corrupt regime posing as clean will begin the day after npc elections. a peoples movement to bring down a regime and all corrupt politicians, is the only answer to repeal 13a.

  4. Susantha Wijesinghe Says:

    THE RANVIRUVOS ARE SILENTLY OBSERVING THE UNFOLDING SCENARIO.

    In all probability, they will not hesitate to take all those who used them, as a stepping stone to live in luxurious comfort, and jeopardize their sacrifices, to a place called Nandikadal.

  5. Lorenzo Says:

    “In all probability, they will not hesitate to take all those who used them, as a stepping stone to live in luxurious comfort, and jeopardize their sacrifices, to a place called Nandikadal.”

    Now SOME in the govt. PROTECT 13 amendment and other Tamil RACIST stuff without regard to the sacrifices of 26,500 soldiers and 5,000 Sinhalese civilians.

    These jokers are ALIVE thanks to those sacrifices. Some soldiers don’t even have even 1 perch of land after liberating 10,000 sq km of land for the nation.

  6. Lorenzo Says:

    Govt. has 165 seats.

    But these 24 clowns will NOT support changing 13 amendment.

    Jeyaratnam, Sri Ranga
    Ganesan, Praba
    Digambaran, Palani
    Ali, Hasen
    Aslam, M. S. M.
    Dawood, Basheer Segu
    Faizal, Cassim
    Hakeem, Rauff
    Harees, H. M. M.
    Mashoor, Noordeen
    Thowfeek, M. S.
    Gajadeera, Chandrasiri
    Gunasekera, D. E. W.
    Radhakrishnan, Velusami
    Rajadore, Perumal
    Sivalingam, Muthu
    Thondaman, Arumugan
    Nanayakkara, Vasudeva
    Alantine, Silvestri
    Chandrakumar, Murugesu
    Devananda, Douglas
    Padmasiri, Y. G.
    Vitharana, Tissa
    Farook, Muthali Bawa

    That brings the govt. total down to 141.
    9 seats shy of 150 (two thirds).

    DNA has 8 seats. If those jokers can be taken onboard with another one either from the 24 clowns above or from the UNP, then it is a done deal.

    DNA will not support it.

    So the govt. FAILS to get two thirds.

    Only ONE way out – REFERENDUM.

    If a referendum is held 70% will vote to SCRAP 13 amendment.

  7. Senevirath Says:

    SOME RANAVIRUVOS ARE NOW ANGRY WITH SINHALA POLITICIANS WHO ARE AGAINST TO SCRAP 13A”

    THESE TRAITORS WILL GET A SUITABLE PUNISHMENT LATER FROM RANAVIRUVO

    RAJITHA AND DILAN ARE INTHE TOP LIST

  8. Senevirath Says:

    PARENTS WANT GOTA TO HANDLE DENGU MENACE

    SEE HOW PEOPLE LIKE HIM. THEY KNOW THAT HE IS GOOD

    IF MAHINDA SCRAP 13 A HE TOO WILL BE TREATED THE SAME WAY AGAIN.. OTHER WISE…..?

  9. Ananda-USA Says:

    Patriots are caught between the DEVIL and the DEEP BLUE SEA:

    1. The DEVIL: If the JHU stays in the GOSL …. NPC elections may go ahead without the 13A being REPEALED or SIGNIFICANTLY modified to protect the Nation.

    2. THE DEEP BLUE SEA: If the JHU withdraws from the GOSL, the SLMC and other Anti-National Elements now straddling the fence within the UPFA may withdraw too, if that would BRING DOWN the UPFA GOSL. That would be disastrous and lead to the UNP cheered on by its Anti-National allies taking over the GOSL, and IMMEDIATELY GIFTING the Northern and Eastern Provinces to the Eelamists!

    I am PUZZLED why our Patriotic President has STILL NOT DONE THE RIGHT THING and called for a simple UP or DOWN vote in a NATIONWIDE REFERENDUM to REPEAL the 13th Amendment. That seems to be the most OBVIOUS & SAFEST route to take.

    Does he have DEMOGRAPHIC DATA that shows beyond reasonable doubt that such a NATIONWIDE REFERENDUM to REPEAL the 13th Amendment may LOSE? I VERY MUCH DOUBT THAT WOULD HAPPEN!

    ……………………….
    Coalition party of Sri Lankan government warns of outcome of Northern PC election

    ColomboPage News Desk, Sri Lanka.

    June 17, Colombo: The Sinhala Buddhist coalition party of the Sri Lankan government Jathika Hela Urumaya (JHU) today warned of a possible outcome detrimental to the country’s unity from the Northern Provincial Council election.

    Layman leader of JHU, Minister Patali Champika Ranawaka said that all who were loyal to the 13th Amendment to the Constitution would be answerable to the situation that might arise in case the Northern Provincial Council election is held without amending the Constitution.

    Addressing a press conference, he said that the Tamil separatists might use this election as a referendum for their cause.

    Ranawaka focused his argument on police and land powers vested in the Provincial Councils.

    However, he declined to comment the actions the JHU would take if the Northern Provincial Council election is held without amending the Constitution.

    When a journalist inquired if the JHU would withdraw the support to the government, Minister Ranawaka said in a subdued tone that political context could change at any moment.

    Meanwhile, the Western Provincial Council JHU Minister Udaya Gammanpila challenged Minister Rajitha Senaratne for a debate in regard of the police and land powers of Provincial Councils. He said that he would prove the danger of granting land and police powers to the Provincial Councils.

  10. Ananda-USA Says:

    A Petition to STRIP LAND & POLICE POWERS from the PCS is GOOD, but a Petition to STRIP the 13th Amendment from Sri Lanka’s Constitution is ESSENTIAL & MUCH BETTER!
    …………………..
    Petition with million signatures to strip land and police powers to PCs handed over to Sri Lankan President

    ColomboPage News Desk, Sri Lanka.

    June 18, Colombo: A petition with signatures of million people against holding the Northern Provincial Council election without amending the land and police powers was handed over to the Sri Lankan President today.

    The National Freedom Front led by Minister Wimal Weerawansa earlier this month launched an island wide campaign to collect million signatures against vesting land and police powers to the provincial councils under the 13th Amendment to the Constitution.

    The campaign began in Anuradhapura on June 6th and traversed the country collecting signatures.

    Minister Wimal Weerawansa, Deputy Minister Weerakumara Dissanayake, Politburo Member Piyasiri Wijenayake and other members of the NFF were present at the occasion.

    (Photos by Sudath Silva)

  11. Ananda-USA Says:

    PATRIOTS! …. HERE it is …..JHU’s PETITION to REPEAL the 13th Amendment!

    Jayawewa!

    Ratna Deepa, Janma Bhumi
    Lanka Deepa, Vijaya Bhumi
    Mey Apey, Udaarawu
    Maathru Bhumi-yayi
    Maathru Bhumi-yayi …….

    Aadi Sinhaley Aey Weera Meemathun Layin
    Saarawu, Udaarawu
    Maathru Bhumi-yayi
    Maathru Bhumi-yayi …….

    …………………………..
    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:

    Sri Lanka nationalist party introduces bill to abolish PC system

    Tue, Jun 18, 2013, 08:46 pm SL Time, ColomboPage News Desk, Sri Lanka.

    June 18, Colombo: An ally of Sri Lanka’s governing party, the Jathika Hela Urumaya (JHU) today introduced a bill to abolish the provincial council system enacted by the 13th Amendment to the Constitution in 1987.

    JHU leader and Gampaha district parliamentarian, Ven. Athuraliye Rathana Thero was granted leave to introduce the Bill, entitled “Bill to amend the Constitution of the Democratic Socialist Republic of Sri Lanka”

    The JHU motion aims primarily to repeal the 13th Amendment to the Constitution which paved way for the power devolving Provincial Council system in the island.

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