Sending Basil Rajapakse to India has srirred up a Hornet’s Nest.
Posted on July 10th, 2013

By Charles.S.Perera

In 1987 India illegally  forced into the airspace of Sri Lanka and thereafter forced Sri Lanka to enter in to an Agreement or an Accord.  An agreement , or an Accord is no different to a contract between two parties, whether it is between two persons, two Companies, or two Counties.  It has to have essential basic requirements to bind the parties legally to the agreement.  It should be voluntary.  It should have  one or more legal  obligations to be performed by one party to the other.  If any of the obligations is not performed by either one of the parties there would be a breach of the agreement and it could be rescinded without any legal effect.

India was from the beginning sympathetic towards the terrorists. They were trained by India and release in Sri Lanka to allow the Terrorists to form a separate Eelam State. The Indian Government has not denied the fact, as it cannot do so as there are enough evidence of their close involvements with the terrorists of Sri Lanka. In June,1987 when the terrorists were sieged in Jaffna and were about to be eliminated by the  Operation Liberation of the Sri Lanka Armed Forces, India sent  a convoy of armed battle ships to North of Sri Lanka for “humanitarian Assistant”. The Sri Lanka Navy intercepted the Indian convoy of armed ships and forced it to turn back.

India then decided to air drop of relief supplies to the terrorists besieged  in Jaffna, and the Indian Minister of External Affairs K.Natwar Singh summoned the Sri Lanka Ambassador in New Delhi to inform of the India’s decision to air drop relief supplies to the terrorists, and had threatened  if the Indian Operation was hindered in any way  that “India would launch a full-force military retaliation against Sri Lanka”.

It was after  that threat of the Indian  External Affairs Minister K.Natwar Singh the  militarily powerful India forced upon militarily powerless Sri Lanka to accept a Peace Accord on the understanding that  Sri Lanka would not proceed with its military offensive against  the terrorists.  The Accord was not among equally powerful parties and was not voluntary on the Part of Sri Lanka.

Now the Pact  entered into by JR Jayawardhana on behalf of Sri Lanka and Rajiv Gandhi on behalf Indian on the 29 July, 1987 was called Indo-Sri Lanka Peace Accord. It was an accord of necessity.

However the Indo-Sri Lanka Peace Accord was entered into on the acceptance by both parties, for India: (i) to resolve the on going terrorism, and (ii) to get the Tamil terrorists to surrender Arms and establish peace.

and  for Sri Lanka, (i)  to devolve power to the Provinces, and (ii) to withdraw its  troops to their barracks.

The Sri Lanka readily performed its part of the Accord by introducing the13Amendment prepared and demanded by India  to be included in the Constitution of Sri Lanka in terms of item (i) of its agreement under the Peace Accord to devolve power to the Provinces.  Sri Lanka also withdrew its armies to the Barracks under item (ii) of its agreement under the Indo Sri Lanka Peace Accord.

That means Sri Lanka had performed its obligations under the Indo Lanka Peace Accord.

Now for this Peace Accord to be legally binding India had to performs the two items it had agreed to perform under the Pact.

Now to make the Indo-Sri Lanka Peace Accord legally binding on the two parties, India had to perform its part of the Agreement under the Peace accord to the satisfaction of Sri Lanka the second party to the Peace Accord, which was to (i) to resolve the on going terrorism.

Did India perform  its part of the Agreement ?

No India failed in both counts, (i) to resolve the on going terrorism or, (ii) to get the terrorists to surrender their Arms. The terrorists initially agreed to surrender their arms, but later  declared they will continue their struggle until they set up an independent Eelam State and refused to surrender Arms.

In 1990 the Indian Army left with 1155 of its cadre lost,  without having performed either  part of their agreement under the Indo Sri Lanka Peace Accord, leaving Sri Lanka which had already performed its part of the Agreement, with the terrorists problem more aggravated after the Indian intervention with its Indo-Sri Lanka Peace Accord. And to make matters worse with a 13 Amendment which Sri Lanka had included post haste in to the Constitution in good faith.

In ordinary circumstances as it would happen in an ordinary contract the Party to the Agreement or Contract who fails to perform his part of the contract is legally bound to pay compensation to the other party,  who had in good faith performed his part of the contract.

 But what is happening to-day with regard to the Indo Sri Lanka Peace Accord is not normal ?

India which is legally responsible for the breach of the Peace Accord still remains the  Party that is dictating terms to Sri Lanka, which was made to suffer not only materially but  with the deaths of tens of thousands of its youthful soldiers and  even more wounded, and large numbers of dead and wounded civilians.

But India which lost only 1155 of its soldiers cannot demand any thing from Sri Lanka, sighting the Indo Sri Lanka which had been legally rescinded by India itself as a Party to the Peace Accord having failed to perform its part of the Accord.

Now it is for Sri Lanka to demand India to pay compensation, and India to accept that the India-Sri Lanka Peace Accord  has failed and that Sri Lanka is not bound any more by the Peace Accord to  respect the inclusion of the 13Amendment forced into the Constitution of Sri  Lanka,  which Sri Lanka had  accepted to do in good faith, expecting India to honour its part of the Accord.

Sri Lanka political leadership now  behaves  like thieves who have been caught stealing some thing from India and indebted to it.

Sri Lanka has one thing to do , and that is to remove the 13Amendment without consulting or informing India as if Sri Lanka is a Vassal State of India.       

 There was no necessity for Sri Lanka to have sent the Minister Basil Rajapakse to India to inform India of its proposal to hold the PSC with regard to removing certain parts of the 13Amerndment and requesting that the TNA be requested to be a part of the PSC.

The removal or keeping of the 13 Amendment is a matter for Sri Lanka.  The Indo Sri Lanka Pact through which the 13Amendment had been introduced  has been rescinded by India’s failure to abide by its  promise to perform its part of the Agreement.   India-Sri Lanka Peace Accord has no legal value any more, no  court would  deny it.

It is the Sri Lanka Government Leadership that is keeping the Indo-Sri Lanka Peace Accord alive binding Sri Lanka to honour its pledge (which it had already done). It is India that has not honoured its pledge.

It is time that the President Mahinda Rajapakse awakens to that fact and go ahead with the removal of the 13 Amendment and be bold to face consequences.   If  the President cannot get the 13 Amendment Removed by PSC or using his executive powers, he should then go to the people, to have the 13 Amendment removed by a referendum of the people.

The Minister Basisl Rajapakse, the emissary of the President who was sent to inform the Indian Minister of External Affairs Salman Khurshid and the  Indian National Security  Adviser Shiv Sankar Menon that  the Government of Sri Lanka is proposing small changes to the 13 Amendment, came back like a  kicked dog lapping his wounds  having achieved nothing and keeping mum about his visit.

Only thing  Basil Rajapakse’s visit to India has done is that Sri Lanka has made giants of not only Salman Kurshid and Shiv Sankar Menon, but also TNA which is now asking the Government of Sri Lanka  to confine the soldiers to their barracks.  And the Government of Sri Lanka seems to be acting as if it cannot to do any thing without the assent of TNA.

It is a shame that Sri Lanka is unable to assert its right to do what it thinks is the best by its country and by its people.  We are not at all indebted to India.  India had always been an enemy of Sri Lanka and will continue to be so.  It is only the President and his Government that seem to be assiduously licking the posterior of India.

It was reported that the the President  Mahinda Rajapaksa had told visiting Indian National Security Adviser Shiv Shankar Menon, “”¦”¦. that most of the points in the 13th Amendment will be implemented”.  And , “”¦that there were issues in the clause dealing with land and police powers to the provinces and that needs to be addressed by the Parliament Select Committee.”

The President had also requested Menon to “”¦.Convince the TNA to join the Committee.”

Is it really necessary that  India be informed that only small things in the 13Amendment will be removed ?

Why does not the President realise that we have nothing to ask  India about what we are doing with our constitution ?

Does it really matter whether TNA joins the PSC or not ?

It is a Parliamentary requirement that every member of the Parliament should respect the Parliamentary procedures, if any member fails to respect those democratic Parliamentary procedures they are in breach of the constitution and should be impeached.

Basil Rajapakse’s visit to India to inform the affairs of our country to the Indian Leader Ship has only stirred a hornet’s nest.  Only statement Basil Rajapakse had made since his return from India is that , “Some things can be said openly and some things cannot be said openly in diplomatic business between governments. They [India] gave us some of their views, we expressed our views. That is what usually happens .”

If that is any thing to go by, both the Government of Sri Lanka and that of India, share secrets of which the people are allowed only the right to guess hoping that such secrets are in their interest and that of the country.

 

17 Responses to “Sending Basil Rajapakse to India has srirred up a Hornet’s Nest.”

  1. jayasiri Says:

    Thanks very much Mr. Charles Perera!………….It is time our President realize that we are a Sovereign State, & independent of India.

    IF we at least at this juncture, take a STRONG stand against India, IF NOT she will continue to DOMINATE our livelyhood, politics, and how we conduct our foreign relations.

    I can remember, when our late Prime Minister, went to Bandoung in Indonesia for an Asian conference, both India & Sri Lanka, were NEWLY INDEPENDENT states. Once Sir John Kotelawala, made his speech, Nehru STILL thinking that they can control a person like Sir John has asked, why didn’t you show me the speech before you making it.. Sir John has asked Nehru………DID YOU SHOW me your speech before you made it.. or something to that effect.

    People may not agree with Sir John at least he let India know that BULLYING even in the international arena is NOT acceptable to Lanka. He said when asked what is this menace of Indian Tamils & Tamils in general in Lanka, and he snapped and said, he will send them back to India.

    I know after that episode India took back some Tamils & Indians, BUT now everything is reversed. Our President waiting for Commonwelth Conference to be over to take action. What a way to present our policies & politics with respect to India.

    Everybody is saying India might Invade or will do this or that…….LET THHEM COME~ if Indians couldn’t dis-arm or WOULD’NT do that……after having the 4tth largest army in the world..Seriously does anyone in Sri Lankan, think that even invade Lanka, will they keep it. Beacuse if we faught the multi-national oil companies, when Mr Illangarathna was the Minister, YET we survived..Next LTTE we defeated which was India’s Problem & a huge cost to our people.

    Those alone will show what Sinhalese in particuar & other Sri Lankans as well, will reply to India in many wyas, I know a book worm has published another article, FRIGHTENING our President, if we do not do what India or USA says, face the consequemces.

    IS HE AN ANTI — LANKAN has been, trying to be mouth peice of India. These people have to be punished for uttering ANTI-Lanka statements. Is he paid by India ? I wonder. Most Colombo area people thinlk that by be littleing Lanka, they feel good. This is NOT THE CASE, Colombo is NOT Sri Lanka. It is time Colombo people realize an act accordingly.

    Deara Mr. Charles Perera, I feel statemebts by you & other legal advisors, will be a great help to President, as he is surounded by YES men. I saw someone mentioning that 38 cabinet Ministers are FOR 13 A amendment.

    The guy who just visited Lanka from India has said HE WANTS FULL POUND OF FLESH. Is this diplomacy, is this the way he treats our head of State?

    INDIA OWES US BILLIONS for a fighting a war, INDIA created. WHY NOT ALL LANKAANS ask compensation for what LTTE did, NOT from LTTE, BUT FROM INDIA.

    Glad that you wrote this article, at least some of HE President;s advisors might read it & follow up.

    Another expat…..expressing his anger abut India & our politicians…….Thank you all…..~ J

  2. Susantha Wijesinghe Says:

    Basraj emissariated to Endia
    Pretending to be hell of a Chandiya
    to lick cursed salmons, on his knees he fell
    While Shiv-erring sang Amen on 13th with yell

    Back like a kicked dog,tail between the legs
    Barked by Big Dogs, yet rolls and begs
    Mentuwa dog house, with dogs Servile
    Efforts of masses to abrogate 13th Futile.

    Famous sayings:-
    A dog is a man’s best friend.
    The more I come to know about people, the more I love dogs.

  3. Lorenzo Says:

    SW,

    I made several attempts to copy your poetic expression but failed each time.

    You bloody genius!

  4. Susantha Wijesinghe Says:

    LORENZO !

    Just put your ideas on paper. Then try to make it rhyme. I have seen your excellent ambiguity of expression. You will succeed.

    Everybody has innate poetic talent. It is a matter of bringing it out. You, Lorenzo, will be a great Poet someday. Good luck.

  5. Lorenzo Says:

    BR said it is like husband and wife.

    This is an ABUSIVE husband but the wife is not capable of taking a DIVORCE. ANY attempt to take a divorce leads to domestic violence.

    The wife LOVES China but only in her dreams. She is too scared to engage with her lover for fear of the abusive husband. World policeman is the BEST PAL of the abusive husband. No point going to the police either.

    Without the wife’s consent the husband gave her a child in 1987 (13 amendment).
    Now he is trying to give her TWINS!!

    This is the TRUTH and there is NOTHING SL can do I’m afraid UNLESS SL joins China.

    BUT she can poison the abusive husband little by little until one day he dies. She can dispose his valuables little by little. Destroy little by little what he protects. Secretly help his enemies destroy him. etc.

    This is what SL should do. Destroy secretly what Endia tries to protect (TNA, SLMC, UPF, Mano Gonason voters). Asylum boats that sink in mid sea is just ONE of a hundred ways to skin a cat. Drug addiction spreading among TNA voters and govt owned police dept does nothing to stop it.

    That can save the SL identity too in the long run as a by-product.

    SL MUST match the evils of Endia-TNA voters secretly. Or perish. “itha onda gaani emathaama budding”.

  6. Lorenzo Says:

    Thanks SW.

    I leave poems to poets. Keep up your good work SW.

    Poems are not for me as I try to use OTHER (LESS beautiful) skills that are also needed in society.

    e.g. a society also needs a funeral parlor and someone has to do it
    e.g. a society also needs a secret demolition agency and some sinful person has to do it (so that the innocents can survive)

  7. Ananda-USA Says:

    When THIEVES FALL OUT ….. it becomes a CIRCUS … just sit back and ENJOY the SHOW!

    The GOSL should DO NOT HELP Norway DODGE its DAY IN COURT and have its DIRTY LINEN of SUPPORT FOR TERRORISM EXPOSED for all the world to see by its formerly willing puppet Kumar Rupasinghe.

    Let Kumar Rupasinghe file his suit to recover the money Norway promised him to UNDERMINE & DESTABILIZE Sri Lanka in collusion with the Norwegian surrogates in the Sri Lankan Tamil Separatist movement. Let more EVIDENCE of Norway’s role SPILL OUT in the TESTIMONY.

    Even NOW, Norway collaborates in ORCHESTRATING Sri Lanka’s agony on fabricated “War Crimes” charges on the global stage. Let us return that favor now and let Norway dangle enmeshed in thecoils of its own Machiavellian tentacles.

    It is truly AMAZING how Sri Lanka’s Foreign Tormentors are brought down, one by one, by their own terrorist surrogates: India and Rajiv Gandhi by the LTTE and Vellupillai Prabhakaran, and now Norway by Kumar Rupasinghe!

    Lovely! Who denies the existence of the Hatarawaran Deviyo protecting our Ratna Dvipaya? Who?

    Rs. 98 mn NGO law suit: Norway seeks immunity

    By Shamindra Ferdinando
    Island.lk
    July 9, 2013

    Norway has told Sri Lanka to prevent several senior Norwegian government representatives from being hauled up before the Colombo District Court in a case filed by NGO activist Dr. Kumar Rupesinghe or face the consequences.

    Well informed sources told The Island that Norway had told the government to take tangible action in this regard before the case resumed on August 2 at the District Court of Colombo.

    The case was last heard on April 30 before Additional District Judge Mrs. Amali Ranaweera.

    Responding to a query, sources said that one-time Norwegian ambassador to Sri Lanka Tore Hattram, also cited as a respondent, inquired about the government’s position vis-a-vis the Vienna Convention on diplomatic relations. Hattram had sent a missive to the External Affairs Ministry through the Sri Lankan embassy in Oslo close after Dr. Rupesinghe had moved Court demanding compensation to the tune of Rs. 98 million from Norway.

    Dr. Rupesinghe has, on behalf of the Foundation for Co – Existence, alleged that Norway terminated a three-year contract for a special project aimed at improving relations among communities living in the Eastern Province. The project covered the period from 2008-2011.

    Although the British government, too, was a party to the agreement finalised at the height of the conflict, Dr. Rupesinghe opted to move Court against Norway on the basis the British had fulfilled its financial obligations in terms of the tripartite agreement.

    A veteran diplomat yesterday told The Island that there hadn’t been a similar case involving Norway or any other country since Independence.

    Asked whether former Ambassador Tore Hattram had written to the External Affairs Ministry regarding the ongoing Court case, a Norwegian Embassy spokesperson said: “Norway’s position has always been that we do expect Sri Lanka to comply with well-established international rules on immunity, including those contained in the Vienna Convention on Diplomatic relations to which Sri Lanka is a party. Diplomats and state officials from Sri Lanka are enjoying the same privileges overseas when serving their government.”

    The spokesperson emphasized that Norwegian position had been communicated to the Sri Lankan government.

  8. Senevirath Says:

    If Basil can hide things from the voters Ranil was correct in signing the agreement with Prabhakaran without telling any body

    ALL ARE IN THE SAME BOAT. GOTA ! ARE U NOT ASHAMED OF YOUR BROTHERS?

  9. S.Gonsalkorale Says:

    Lets wait for the poem version to Lorenzo’s wonderful analogy.
    Looks like we all a v——- putthu , since wife is having the extra marital affair with China.
    I don’t like Mother Lanka to be painted this way. In the first place the which wife want to marry the rapist Endia ?
    Definitely not Lanka. Tamil Nadu is the wife, getting raped every day by Seeman,Vaiko etc.

    May I correct the real version of you saying,
    Hitha ( not itha)
    Honda ( not Onda )
    Hemadema ( not emathaama)

  10. S.Gonsalkorale Says:

    “Sri Lanka political leadership now behaves like thieves who have been caught stealing some thing from India and indebted to it.”

    Well said!

    Our top rank should behave like men with pride, the pride of the nation earned by sacrificing many sons and daughters, that enable them a prosperous life to live without fear of being blown out. DO NOT BETRAY THEM.

  11. Lorenzo Says:

    Thanks SG.

    I will use them instead.

  12. S de Silva Says:

    The PSC is calling for representations from the public – News item Derana 11/07/13. My Response to that was: “Can you please include the PSC postal address in Sri Lanka to receive representations from the public. In my opinion and that of many the VERY FIRST THING on the PSC agenda should be to carry out a retrospective legal test on the legality of 13 A and establish the LEGAL VALIDITY or otherwise of the 13A which SL, was COERCED to sign up to under duress.. However long ago an agreement was signed, if it was illegal at the time of signing it continues as an ILLEGAL Agreement. On this basis if the agreement was illegal that is the very end of this saga – and I pray that it be so! – S de Silva – London

  13. NAK Says:

    If minister Basil had the oppotunity to make a ststement regarding his Indian expedition, it would have read like this…
    “Sri Lanka agreed to with hold any changes to the 13A until the Indian elections so that this issue is not used against the ruling UPA” “on the sidelines Sri Lanka also agreed that India should make some noices to please the stupid TN voters”

  14. Dilrook Says:

    PSC’s postal address.

    The Secretary to the Select Committee of Parliament to Recommend and Report on Political and Constitutional Measures to Empower the People of Sri Lanka to Live as One Nation
    Parliament of Sri Lanka
    Sri Jayawardenepura, Kotte

    Please write as many letters as everyone can.

    Our LLRC submission was included in the LLRC report though much smaller in scale compared to separatist demands. However, PSC is made up of politicians who must face the voters in 2 years and there is better chance of them recording and presenting our submissions for decision making.

    Please do the national duty when given the opportunity that must not be missed.

  15. Mr. Bernard Wijeyasingha Says:

    Quoting the article: “Sri Lanka has one thing to do , and that is to remove the 13Amendment without consulting or informing India as if Sri Lanka is a Vassal State of India.” That sums it up especially now that Sri Lanka has a policy with China that has created a “cooperative strategic partnership” between these two nations.

  16. Fran Diaz Says:

    During the Cold War India was pushed by the Soviet bloc and Lanka ended up with the Indo/Lanka Accord & 13-A. Now India is being pushed by the other side plus Tamil Nadu politicos capitalising on Indian elections that are due. If Lanka “listens” any more to India plus others, Lanka is going to end up losing it all.

    The Accord is already dead as a dodo. As for the 13-A, just remove it. Almost all in Sri Lanka are with it, except for a some estranged citizens. Lanka Economics and real well being of citizens may have to be attended with more innovation rather than putting up casinos or Sita temples for tourists. Put it to the People on how to improve the Economy & wellbeing.

  17. Ananda-USA Says:

    Let me SAY IT AGAIN: When THIEVES FALL OUT ….. it becomes a CIRCUS … just sit back and ENJOY the SHOW!

    It is truly AMAZING how Sri Lanka’s Foreign Tormentors are brought down, one by one, by their own terrorist surrogates: India and Rajiv Gandhi by the LTTE and Vellupillai Prabhakaran, and now Norway by Kumar Rupasinghe, and NOW the PARENTS of 16,000 Tamil Children being converted to Evangelical Christians by the Governmen of Norway …. which likes to preen itself as the “The Champion of Global Human Rights”!

    Lovely! Who denies the existence of the Hatarawaran Deviyo protecting our Ratna Dvipaya? … Not ME!

    ………………………….
    Norway is illegally holding Sri Lankan Tamil children – report

    ColomboPage News Desk, Sri Lanka.

    July 11, Colombo: A group of Tamil speaking Sri Lankans living in Norway has accused Norway for illegally holding Sri Lankan children.

    The group has requested the Sri Lankan government intervention to secure the release of their children held illegally and against the consent of their parents at children’s homes run by the Norwegian government, a local media report said.

    These Sri Lankans living in Norway held a protest near the Parliament at Sri Jayewardenepura yesterday.

    A spokesperson for the group said that there were about 16,000 such children, including those of Sri Lankan origin held in Norwegian state custody against the wishes of their parents.

    The spokesperson accused the Norwegian government of turning a blind eye to the affected families’ call for the release of their children.

Leave a Reply

You must be logged in to post a comment.

 

 


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