A presentation to the Select Committee of Parliament to Recommend and Report on Political and Constitutional Measures.
Posted on July 13th, 2013

By Charles.S.Perera       

Mr.Neil Iddawala,

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,

SRI LANKA

Dear Sir,

Reference to the request made by the Select Committee of Parliament on the 10th July, 2013, to make representations with regard to (i) preserve and promote their respective identity and live with dignity and security as one Nation, (ii) enhance the unity of the people of Sri Lanka, and (iii)  empower the people and the country to promote social, economic, political and cultural development,  I make the following presentation.

The 13 Amendment to the Constitution of Sri Lanka should be completely and wholely removed for the following reasons.

The 13 th Amendment to the Constitution of Sri Lanka could be looked at  from two different points of view.

 (i)              as a part of the Constitution of Sri Lanka, without taking into account how and when it was introduced in to the Constitution, and

(ii)            as a  requirement under the Indo Sri Lanka Peace Accord  signed in  July,1987, to  include it  in the Constitution of Sri Lanka as the 13th Amendment in return for India to disarm the Militant groups and the LTTE terrorists, and establish peace.

Hence,  under item (i)  there is no problem in keeping or  removing the 13th Amendment considering it only as an Amendment to the Constitution.  Sri Lanka had three Constitutions since its Independence.  The Present Constitution was promulgated in September,1978. It has 18 Amendments.  If the circumstances necessitate,  the Parliament  could remove the 13 Amendment  by a mere two third majority in the Parliament  or  seek a mandate from the people to  remove it.

All promulgations of a Constitutions,  or amendments to the Constitution of Sri Lanka could be carried out by the Parliament of Sri Lanka accept where it is necessary to  call for a referendum of the people.  No foreign country has the right to intervene and dictate in the preparation of a Constitution, promulgation or bringing in Amendments to it.

Under such circumstances what we do with the 13 Amendment to the Constitution is the business of Sri Lanka and not that of any other country in the world.  The Parliament could modify the 13 Amendment, or remove it completely from the Constitution according to the powers vested in it.

But under item (ii) referred to above, if the 13th Amendment to the Constitution of Sri Lanka were to be considered a part of the Indo-Sri Lanka Peace Accord, then the question arises  as to whether there is a legal and a valuable reason to leave the 13 Amendment  in the Constitution of Sri Lanka after March, 1990, when the last IPKF contingent left Sri Lanka having lost 1155 of its cadre and having failed to settle the on going terrorism or disarm the LTTE and the  different Tamil  Militant groups under the terms of  the India Sri Lanka Peace Accord- without  giving satisfaction to the  Peace Accord by India.

The deployment of an Indian Peace Keeping Force to disarm the LTTE and the different Tamil militant Groups and establish peace by  India, in return for Sri Lanka to enter the 13 Amendment  into the Constitution of Sri Lanka  and establish Provincial Councils were the requirements  under the Peace Accord entered into by Rajiv Gandhi and JR Jayawardhana  signing the India Sri Lanka Peace Accord on the 29 July,1987.

Unfortunately when India withdrew its IPKF having failed to satisfy the  Indo Sri Lanka Peace Accord, Sri Lanka had already satisfied its part of the Peace Accord by introducing the 13 Amendment in to the Constitution and establishing Provincial Councils, believing that India would be able to disarm the LTTE and the Militant  Groups to end terrorism and establish peace.

However, Sri Lanka did the mistake of not making provisions in the Peace Accord to hold the insertion of the 13 Amendment into the Constitution of Sri Lanka until the IPKF showed to the satisfaction of Sri Lanka  that it was able to carry out its promise to disarm the LTTE and the Militant Groups and establish peace.  The result of that failure was that Sri Lanka satisfied its part of the Accord well before IPKF proved not only that it was incapable of disarming the LTTE, but also that the LTTE terrorists were a force far stronger than  it  expected.

The end result was that the Indo Sri Lanka Peace Accord was breached by India without giving satisfaction to the Accord , with Sri Lanka  having an unwanted 13 Amendment  left in its Constitution.

Therefore the Indo Sri Lanka Peace Accord entered into by Rajiv Gandhi and JR Jayawardhana was revoked in March, 1990, by one party to the Peace Accord-namely India having failed to give satisfaction. Therefore the Indo Sri Lanka Peace Accord signed in July,1987 is a defunct instrument without any legal value, and logically the 13th Amendment which is an off shoot of that Accord is now an illegal instrument which has no place in the Constitution of Sri Lanka.

If in June,1987 India did not intervene by dropping relief food supplies to the terrorists held in siege   by the Sri Lanka Armed Forces, the terrorists would have been defeated  and terrorism in Sri Lanka would have been terminated in 1987.

But because of the Indian intervention the terrorism continued its  destructive presence for 22 long years.  Therefore, the Indian Government is responsible for all those loss of  lives, wounded soldiers and civilians ,  damages to material and the economic  cost of war during that period.  Sri Lanka Government therefore has a legal right to claim compensation from India. 

It is clear that Since 1987 India had acted in bad faith vis ƒÆ’†’  vis Sri Lanka with an ulterior motive.  It is an open secret that India took an active role in the defence of terrorism in Sri Lanka. It was made evident when India sent  a convoy of unarmed ships in June, 1987 to Jaffna, followed by airdropping  relief supplies to terrorists in siege.

Sri Lanka should also not forget  that in NJune,1987, the Indian External Affairs Minister K.Natwar Singh had  summoned  the Sri Lanka High Commissioner in New Delhi to inform him of India’s decision to air drop relief supplies to the rebels(terrorists) and had  threatened that if the Indian Operation was hindered in any way India would launch a full force military retaliation against Sri Lanka.  It was after that Sri Lanka was forced to sign the Indo Sri Lanka Peace Accord on the 29 July, 1987.

Has India changed since then ?

But Sri Lanka had always acted in good faith despites India’s hidden motives.

India fooled Sri Lanka to accept the 13th  Amendment prepared by Indian legal Officers to facilitate the terrorist to  eventually establish a separate  Eelam State by strengthening their hold in the Provincial Council once established.  For that purpose North and the Eastern Provinces were merged into one under the so called Peace Accord.

Sri Lanka naively  included the 13th  Amendment into the Constitution in good faith in order to get the Indian Peace Keeping Force  to disarm the LTTE and the Tamil Militant Groups and  establish peace as India had agreed under the Peace Accord.  India however failed to keep its part of the agreement and abrogated it by pulling out the IPKF in 1990.

India cannot now  claim any legal right under the defunct Peace Accord to intervene to demand Sri Lanka to implement the 13th  Amendment.   The 13th  Amendment is an appendage that remain from an rescinded  accord and has no legal value.  The Sri Lanka Government need not  turn to India to have its consent to remove the unnecessary vulgar appendage-a symbol of shame, the 13th Amendment.

The government may get a legal opinion and remove it by a resolution in Parliament  failing which it may call for a referendum.

India has to stop its continued aggressive demands with regard to the 13th  Amendment as India has lost its right to make such demands as far back as in 1990,  and implementing or not implementing the 13th  Amendment is now a matter which has to be decided by Sri Lanka  alone, without India’s unnecessary interference.

However, Sri Lanka has the legal  right to  demand India to pay compensation for the breach of the Peace Accord through India’s failure to give satisfaction to the Accord, resulting in the loss of  human lives, disability to persons and damage to property caused from 1987 to 2009 through terrorism, plus the economic cost of the war  against terrorism to Sri Lanka which  is estimated  at USDollars 200 billion.

The 13th  Amendment has no relevance to Sri Lanka in its present context, therefore it has no reason to remain as an  Amendment to the Constitution of Sri Lanka. The Government of Sri Lanka is making considerable effort to reconcile the Communities eliminating even  the majority and minority concept of the people.  The Tamil people have to be made to accept themselves as a part of the Sri Lankan people and unite with the other Communities in a Unitary Sri Lanka.  That would not be possible under the Provincial Council System established under the 13th  Amendment which will only perpetuate separatism.

Sri Lanka should set up a system of Regional Administration in keeping with its own cultural and social background with a view to eliminate Communal Separatism.  Such a system of Administration should stretch  from village level to Government as the Centre.  In it  all Communities should be brought together preserving their respective identity and  assuring security from village level on wards.  Such a system will promote unity of the Communities that will be able to settle differences at village level. It will also pave the way  for the people of Sri Lanka as a whole  to promote and participate in  social, economic, political and inter cultural developments.

These positive developments will not be possible under the Provincial Council System which has created an  intermediate system of Administration which is akin to a Parliamentary System, distancing the Provincial Councillors from the ordinary mass of people , unable to integrate into the different social levels of the society because of a pseudo sense of a higher economic and social status. 

The 13th  Amendment should therefore be removed  completely from the Constitution of Sri Lanka, which would enhance the Independence of Sri Lanka as a Sovereign State without India claiming a right to intervene in view of a breached, and  now defunct Peace Accord to which  India was a party.

Therefore, it is my opinion that in the interest of our people  who should live in dignity and in security amoung  their fellow country men in peace and harmony,  the 13th  Amendment to the Constitution of Sri Lanka should be removed  wholely and completely leaving no  trace of it by a  two third majority in Parliament,  or  by a referendum of the people.

In conclusion I would like to remind the Select Committee of the Parliament that the President since his election, without the support of the UNP and the rest of the Opposition, had determined and carried out under immense difficulties tasks that none other political leader of Sri Lanka had dared even attempted, and achieved success. 

Therefore, in the removal of the 13th Amendment from the Constitution too he need not depend  on the support of the UNP, the TNA and  other Political Parties which have only restricted self interests. The President should without hesitation do what has to be done in the interest of the people and the country as he has already proved he is capable of doing, and remove the 13th Amendment to the Constitution and face boldly any consequences for which he will have the support of the people. 

 I pray for the President, the people and the Country the blessings of the Triple Gem

 

Yours Sincerely ,

 

18 Responses to “A presentation to the Select Committee of Parliament to Recommend and Report on Political and Constitutional Measures.”

  1. Dilrook Says:

    A very good start Charles.

    We should all follow Charles and make our little contribution to the nation when it is required. Our pen is mightier than the Indian sword, provided we use it.

  2. Mr. Bernard Wijeyasingha Says:

    Quoting the article: “as a requirement under the Indo Sri Lanka Peace Accord signed in July,1987, to include it in the Constitution of Sri Lanka as the 13th Amendment in return for India to disarm the Militant groups and the LTTE terrorists, and establish peace”. That alone is sufficient reason enough to remove the 13th amendment and demand that India have no say in this defunct amendment as for one it is none of her business and two she is only concerned in empowering the Tamils and not her excuse of seeking peace in Sri Lanka.

  3. Susantha Wijesinghe Says:

    CHARLES !! Somebody must file this Petition in the Supreme Court for a ruling. I do hope that the contents of this will be clearly understood by the members of the Select Committee. They should consider three things, vis-à-vis, :-

    a…Removal of the 13th Amendment
    b…File a Compensation Claim for willful destruction of Sri Lanka for 30 long years. Estimated loss, USD 200 Billion.
    c…Take India to the International Criminal Court, for training Terrorists to destroy life and property of Sri Lanka.

    Blessings of the Noble Triple Gem to prevail wise counsel in the PSC.

  4. stanley perera Says:

    Charles, I support your move whole heartedly. Is there a brave patriot to carry Susantha’s proposal to the Supreme court? In that scenario, I take my hat off to Sarath Silva for the ruling to de-merge North and East. Ruhunu, Maya, Pihiti kingdoms is the best solution to replace the white elephant.

  5. S de Silva Says:

    Thank you Charles – Excellent! – One more clear negative of 13A is the costs when the cost against benefits of 13A is assessed. The biggest disbenefit of 13A in the long term for Sri Lanka I could foresee is the encouragement for eventual separation of communities instead of integration. The Lankaweb Editor should again include the PSC Notice on the RH panel of the Webpage so that the ‘Terms of Reference’ etc continue to be visible to the readers to help those intending to write in to the PSC – S de Silva – London

  6. Lorenzo Says:

    Well done SL. Really proud of you.

    This is why SOME PUNDI-TS are WRONG about the govt.

    “In an apparent tit for tat, Sri Lanka is moving in the direction of a nuclear pact with Pakistan after India voted against it at the UN this year.

    At the same time, it is dragging its feet on a similar pact with India by not scheduling talks despite Delhi’s keenness to conclude the agreement soon.

    India had offered Sri Lanka a comprehensive nuclear pact that would deal with all aspects of civil nuclear cooperation, including safety and training of professionals. One round of talks was held in October last year, and India also sent the southern country a draft pact.

    But since then, Delhi has been waiting for a Lankan response on dates for further talks. Official sources said, “We are yet to hear from them,” despite offering a “comprehensive pact”.

    Meanwhile, sources said foreign secretary-level talks between Sri Lanka and Pakistan have identified civil nuclear technology as a major area of cooperation.

    Statements made by Lankan authorities show their intent to negotiate nuclear deals with both India and Pakistan, sources said.

    Sri Lanka’s overtures to Pakistan are of concern to India, which sees its western neighbour as a country “with dubious non-proliferation records”. It also has issues with Colombo overlooking its intention to give it the best possible deal. The second vote against Sri Lanka on the Tamil issue at the UN human rights council in March this year upset the country.

    Of the 25 countries that voted against Sri Lanka, only India and South Korea were from Asia. Thirteen members, including Pakistan and China, voted against the resolution and eight abstained. India had voted against Sri Lanka in 2012 as well.” – Hindustan Times

  7. Fran Diaz Says:

    Charles,

    Good points evoking good responses too. Many thanks.

    ————

    We like Susantha’s spirited comment :

    a…Removal of the 13th Amendment
    b…File a Compensation Claim for willful destruction of Sri Lanka for 30 long years. Estimated loss, USD 200 Billion.
    c…Take India to the International Criminal Court, for training Terrorists to destroy life and property of Sri Lanka.

    ————–

    Sri Lanka must now take note never to import TAMIL OR INDIAN LABOR. They are ‘food’ for the Tamil leaders here bent on Separatism. Do not depend overly on existing Tamil Labor either.

    Those Sita temples for tourism in the pipeline ought to be put aside. Myth will be turned into Land Claims by Indians if Sri Lanka authorities do not watch their step.
    Casinos, if any, ought to be for tourists ONLY.

  8. Susantha Wijesinghe Says:

    FRAN ! Yes, I agree, the Sita Temples is a PLOY. It can be equated to the ‘ CAMEL PUTING HIS HEAD FIRST INTO THE TENT ‘. Our Politicians are morons. They are idiots of a kind. THE JACKASS FAILS TO SEE INDIAN STRATEGIES.

  9. mario_perera Says:

    Dear Charles,

    Your patriotism and enthusiasm are contagious as seen from the comments.
    However I have a question for you.

    (1) Did you receive an acknowledgment of receipt of your petition? How would you know it has got into the right hands and been documented?
    If you did, I presume you would have made it public.

    (2) Even if receipt is acknowledged, how would you ever know if it was eventually presented to the deliberating Committee for its attention?

    Without these assurances and guarantees what worth has this petition except galvanizing the emotions of readers?

    Would you please answer?

    Mario Perera
    Kadawata

  10. Charles Says:

    Mario,

    I sent one letter under registered cover and another by ordinary mail. They will acknowledge receipt. I sent a similar letter to LLRC and they acknowledge receipt and I think included in the report the naame of the communicants.

    It does not matter whether they will take action or not what is necessary is for as many of us to write, it will be received by the Secretariat and the number of letters received count, in taking a decision,looking at it optimistically.

    Better do something, rather than do nothing at all.

  11. Lorenzo Says:

    Allow me to copy and past this DISGUSTING poem that appeared in Tamilnet. This is how they generate HATRED out of NOTHING.

    TOO BAD this is the Tamil culture.

    TOTALLY disgusting.

    “Full text of the article titled ‘Rape: Sri Lanka’s Weapon of Genocide’ jointly authored by Dr. N. Malathy and RM Karthick follows:

    My fellow Tamil women
    What have you done for peace in the isle?
    Take off your clothes and open up your vagina
    For the Sinhala warriors of the land of Buddha

    – Poem by an Angry Tamil Woman

  12. Charles Says:

    Lorenzo, I think it was a, TNA MP who had accused at a meeting In Canada that the Sinhala Army had attempted to rape 200 Tamil women and he stopped it.

  13. Fran Diaz Says:

    At the time of the Indo/Lanka Accord (we can call it Indo/Lanka ‘Discord’), the CJ & AG of Lanka under the JR Govt. were Sivapasupath & Sharvananda. They have obviously turned a blind eye to this part : “Unfortunately when India withdrew its IPKF having failed to satisfy the Indo Sri Lanka Peace Accord, Sri Lanka had already satisfied its part of the Peace Accord by introducing the 13 Amendment in to the Constitution and establishing Provincial Councils, believing that India would be able to disarm the LTTE and the Militant Groups to end terrorism and establish peace”.

    Mario, we like your Questions. What assurance has the general public that the letters to the PSC go to the correct hands ? We the Public demand receipts and we want to know who is going to read and assess these letters.

    Lorenzo, that Angry Tamil Woman’s poem is a concoction to get rid of the Armed Forces from the North.

  14. jayasiri Says:

    Thanks again Charles………I agree with your suggestions & only way we could get anything done in Sri Lanka, is to get to THE RIGHT people who make decisions..& NOT to procrastinate & dwell about what INDIA MIGHT DO?

    WHEN WILL WE EVER LEARN, if India wants to do something they would have done that by now. The game plan is changed NOW, we have China & Russia at least to pay some form of lip service, which is welcomed news. India has said that SRI LANKA will be isolated by the Int. Communiy…..that means India. It is time to do EVRYTHING THAT INDIA disagrees with.

    Re: NP elections INDIA has said one candidate is NOT acceptable to India, WHY IS THIS stupid Tamils & some Sinhalese politicians, think that THEY NEED TO HAVE BLESSSINGS of India for anything & everything?

    Going to Russia & Pakistan is the language India undrstands.. SO LETS DO MORE of this, ISOLTE INDIA and enhace relations with Africa & OUR ASIAN neighbours EXCEPT INDIA.

    I also AGREE WHOLE HEARTEDLY with “doing somethig is better than doing nothing”. At least you have got 13 responses so far….and that in itself is a wake up call for our SILENT MAJORITY in SRI LANKA & abroad.

    Thanks so much for your valuable contribution….Sure we can do much development with US200.00 billion. That is a good start, an appropriate PUNNISHEMENT for interefering in a SOVEREIGN STATE of Sri Lanka.

    May the noble Triple gems guard you & others in Sri Lanka in these tough times…….Thanks again….~ J

  15. Fran Diaz Says:

    Lorenzo, that Angry Tamil Woman’s poem is a concoction to get rid of the Armed Forces from the North, is similar to the Lies, Cheat & Deceit pattern of the Tamil Nadu fishermen claiming to be injured & harrassed by the Lanka Navy, when what the SL Navy does in reality is to go around rescuing these very same TN fishermen caught up in bad weather seas ! Kali Yuga continues, indeed so for Lanka !

    What is the legacy left behind by Tamil leaders for their children – to continue with Lies, Cheat & Deceit ?

  16. Charles Says:

    Jayasiri,

    Thank you . I hope you will send a letter to the Select Committee to be received before 9th August. Something short as follows might do:
    ______________________________________
    Mr.Neil Iddawala,

    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,
    SRI LANKA

    Dear Sir,

    Reference to the request made by the Select Committee of Parliament on the 10th July, 2013, to make representations with regard to (i) preserve and promote their respective identity and live with dignity and security as one Nation, (ii) enhance the unity of the people of Sri Lanka, and (iii) empower the people and the country to promote social, economic, political and cultural development, I make the following presentation.

    The 13 Amendment to the Constitution of Sri Lanka should be completely and wholely removed for the following reasons.

    The 13 th Amendment to the Constitution of Sri Lanka is a part of the Indo Sri Lanka Accord entered into by Sri Lanka with India. According to the Accord India was to disarm the LTTE and the militant groups and establish peace, in return Sri Lanka was to include the 13 Amendment and establish Provincial Councils.

    Sri Lanka hoping that India will honour its part of the Accord introduced the 13 Amendment in to the Constitution of Sri Lanka and Established Provincial Councils. But India was unable to disarm the LTTE or the militant groups. The Prime Minister V.P.Singh ordered the withdrawal of the IPKF and Indian Peace Keeping Force left the Island in March,1990. Therefore the Indo Sri Lanka Accord was breached by India withdrawing the IPKF without carrying out its part of the agreement.

    Hence the 13th Amendment introduced to the Constitution of Sri Lanka as a part of the agreement on the Indo Sri Lanka Accord becomes null and void. Therefore it has to be removed from the Constitution of Sri Lanka.

    But because of the Indian intervention in June, 1987 and forcing the Government of Sri Lanka to accept the Indo Sri Lanka Accord, which was finally breached by India, the terrorism continued its destructive presence for 22 long years. Therefore, the Indian Government is responsible for all those loss of lives, wounded soldiers and civilians , damages to material and the economic cost of war during that period amounting to US$ 200Billion. Sri Lanka Government therefore has a legal right to claim compensation from India.

    India cannot now claim any legal right under the defunct Peace Accord to intervene to demand Sri Lanka to implement the 13th Amendment.

    Therefore, it is my opinion that in the interest of our people who should live in dignity and in security amoung their fellow country men in peace and harmony, the 13th Amendment to the Constitution of Sri Lanka should be removed wholely and completely leaving no trace of it by a two third majority in Parliament, or by a referendum of the people.

    Yours Sincerely ,

  17. Lorenzo Says:

    Charles and Fran,

    For sure.

    HATE is their weapon and they are winning it. TNA candidate is FORMER supreme court judge Vigneswaran!!

    ANOTHER example of the SL justice system GONE to Tamil Tiger TERRORISTS!!

    He was a SC judge in CRUCIAL 2001 – 2004. CFA time!!

    No wonder SC did NOTHING to stop the CFA!!

  18. Fran Diaz Says:

    The JVP has made a statement (see LankPage, July 15, 2013) that the PSC verdict is to be delivered SIX MONTHS from now, i.e. after CHOGM. Is this true ?

Leave a Reply

You must be logged in to post a comment.

 

 


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