13th Amendment – Time to end analysis paralysis – Time for agitation!
Posted on July 23rd, 2013

Sarath Bulathsinghala Auckland  New Zealand

In the US a teenager was murdered and those who think that justice has not been served are agitating nationwide. When issues of national importance surface and the politicians sit on the comfort of their bottoms it is time for the people to rise and agitate,  albeit peacefully as they are doing in the US for Trayvon Martin.

All peaceful means to expressing antipathy towards the 13th Amendment have been expressed, told and retold. There is hardly any nook or corner of the infamous 13th Amendment that has been left un-scrutinized or unattended by the legal luminaries. Time for analysis paralysis and endless legalese should end now as these actions seem to be getting nowhere. It is time for the jury “”…” the people of Sri Lanka to issue their verdict on the 13th Amendment as well as on the efficacy of the Provincial Council system of devolving powers to the people.

This can either come through a referendum held as per the provisions of the Constitution or at the hands of the people including the Ranaviruwoes agitating peacefully island wide to repeal India imposed 13th Amendment to the Constitution of Sri Lanka. It is obvious that politicians alone cannot do this without a helping hand from the people.

However it looks as if the elections will go ahead for the Northern Province to establish the Northern Provincial Council “”…” an action mainly to placate the region’s bully India and the so called International Community “”…” the godfathers and funders of terrorism.

There are further reasons for agitation as there are thousands of Sinhalese and Muslims who were forcibly evicted from the Northern Province who are yet to be re-settled. Although Sri Lankan government has done enough and more to re- settle hundreds of thousands of supposed to be internally displaced people many of dubious citizenship, little has been done to resettle those Sinhalese and Muslims who were forcibly evicted. Some of these people still remain as IDPs unseen, unsung and utterly neglected. In actual fact it is they who should have been re-settled as were the first to face the terrorism related atrocities.

Democracy will not be served by having an election in the absence of these people in their place of dwelling and there in no validity of the September elections if a section of the population remains disenfranchised. It is a violation of their fundamental rights. The President has no right to promise neither the Indians nor the International Community elections in the Northern Province until such time these injustices have been righted, remedied and all who were displaced due to terrorism resettled back in their homes “”…” not only Tamils!

Secondly it is necessary to determine whether the entire current population of the Northern Province is in fact actual Sri Lankans. There are wide disparities and unbelievable statistics coming from the latest census in Northern Province. There is the likely hood that a considerable number of Indian illegal immigrants Tamils are among the Tamil population. President when asked about

the elections in the Northern Province should have pointed these aspects to the Indian authorities before agreeing to have elections in September. It is of the highest importance that only Sri Lankan citizens vote at these elections and not illegal immigrants “”…” Kallathonis- from South India!

Statistic

During the period 1971 to 1981,  the Sirima “”…” Shastri Indian Tamil Repatriation pact was in force. It is now known that Eelamists retained some of the Indian Tamils on repatriation and settled in  the Vanni instead. This is clearly shown by the above graph, which shows clearly the Sri Lankan Tamil population increasing above normal growth, while there was  a corresponding decline in the Indian Tamil population due to repatriation.

Moreover it is also time for the GOSL to remind India of some of the provisions  in the accord that they have conveniently allowed to lapse.

Peaceful agitation is the way to help  the politicians  take people friendly decisions. There is no time to hesitate as the fate of our motherland is at stake.

19 Responses to “13th Amendment – Time to end analysis paralysis – Time for agitation!”

  1. Susantha Wijesinghe Says:

    Dear Sarath,

    It is true what you have stated. It is time for action. The Ranviruwoes cannot agitate as it is against Military Discipline. If they raise a finger, they can be fired, without Pension Rights. So they have to bite their tongues and wait in agony, watching the drama unfold. All their sacrifices with life and limb will be completely negated. It appears that President cares Two Hoots now for the Ranviruwoes. He is sadistically appeasing an Indian Rapist. It was highlighted in the media, then by WW, and concurred by Sampantha, that two foreign Embassies have got into the Political fray, to nominate the Wigless as a prospective Chief Minister of the North. Sri Lanka is burning, while our Nero is fiddling. People are frustrated. The President is a state of mortal fear. Perhaps, he may be having something formidable up his sleeve. It is a matter for conjecture.

    I fear a Sinhalese Blood Bath. To quote the LTTE Barbers magic phrase, Blood Bath.

  2. Lorenzo Says:

    The chart shows how bad the kallathoni problem really is.

    MASSIVE GROWTH in Tamilians in SL by kallathoni migration from TN. Then they become “SL Tamils” but the LANGUAGE is the same as the kallathoni language!!

  3. Lorenzo Says:

    “the Sri Lankan Tamil population increasing above normal growth, while there was a corresponding decline in the Indian Tamil population due to repatriation.”

    What happened was “Endian Tamils” became SL Tamils in 1981 onwards out of fear of another pact. NONE of them left SL. They refused to leave SL like in a morning at the loo after a heavy dose of coffee the previous day!!!

  4. Dr.K Says:

    Dear Sarath;

    You are absolutely right. Now it’s the time for Sri Lankans who wish every good to Sri Lanka to launch their massive protest against this ‘Tumour,’ the 13th constitutional amendment that was planted by Indians.

    Now, this tumour has rooted through the selfish provincial politicians throughout the country so that they resist to demolish the amendment thinking that they will loose their personal gains if the provincial councils become non-exist.

    Therefore, everybody who does not like the 13th amendment any more has to come forward with suitable strategies for another war.

  5. Piyadigama Says:

    එනු ඉදිරියට පුත පැරකුම් දුටුගැමුණු
    දස මහ යෝධයන් පිරිවර යන ගැමුණු
    එළරයා මරු කට තුල එබූ ගැමුණු
    ප්‍රභාකරන් උල තබ්බන රජ නඳණු

    This beautiful writing is not mine. It was written by someone else in 2008. How true. With due respect to Tibet monk Rev. Mahinda.

  6. Fran Diaz Says:

    Sarath,

    Totally agree with you that : ” It is of the highest importance that only Sri Lankan citizens vote at these elections and not illegal immigrants – Kallathonis- from South India!”

    Sri Lankan authorities should POSTPONE the Northern elections till the illegal migrant issue is sorted out and proper biometric ID cards issued to the true born Northern voters.

  7. Mr. Bernard Wijeyasingha Says:

    Since the Tamil National Alliance is in constant touch with both Chennai and New Delhi regarding domestic issues I fully believe that Indian Tamils would come to the Jaffna province in order to increase the votes. This has to be taken seriously enough to set up a system as quickly as possible to identify those who are truly qualified to vote. A few days ago this newspaper reported that voters have to sign a pledge of allegiance to the nation before voting.
    That is a good start but it is imperative to root out those not qualified and even worse maybe foreigners. If this is the case then the Tamil National Alliance must take full responsibility and they should be warned ahead of time of actions taken if the TNA knowingly allows Tamils from India to vote in the Sri Lankan elections.
    The TNA should be warned of being charged with treason and dismantled if this is the case. and those who are caught are get as much public attention so that India and the world knows that India is deliberately interfering into the voting process of Sri Lanka.
    As far as the Singhalese they must get equal treatment in be settled anywhere they once were and that includes Tamil dominated areas. Finally the military must continue its presence as the nations that accused Sri Lanka of human rights violations also want the removal of these military posts. Never rule of enacting emergency powers to rectify India’s interference and the effects of it on Sri Lanka.

  8. Fran Diaz Says:

    TNA is not a registered political party and its member MPs AFTER TAKING THE OATH to uphold the Constitution of Sri Lanka
    is breaking the Constitutional laws with impunity. Northern Tamil voters taking a pledge of allegiance to the nation doesn’t mean much either – they will just obey their masters, the TNA !

    As for TNA taking responsibility – Ha ! they have only one law and that is to fool the GoSL and the people of Lanka, to form whatever state they want in the North. Let us not be fooled again and again.

    Not learning from the past is called stupidity.

    I feel sorry that a group of people who has done much for this country is having much trouble in governing Lanka due to past incidents due to inept governance by prior governments and also the last war itself which has brought international interference, not to mention internal divisions for various reasons plus monetary problems.

    It is best to POSTPONE the elections till the illegal migrant issue is sorted out once and for all in a proper manner. If voting is allowed, then these people have to be accepted as citizens of Sri Lanka – there is no going back. There are probably tens of thousands of illegal migrants. The LankaPage reported some weeks ago that around 100,000 people were without IDs.

  9. Lorenzo Says:

    Agree with Fran in the first part.

    It is NOT the fault of previous govt.s It is the fault of THIS govt.

    They messed it up. 13 amendment should have been scrapped in 2009.
    Sinhalese and Muslim displaced MUST have been resettled in the north BY NOW.

    They MAINLY served Tamils after winning the war and now they are going to pay for it BADLY.
    Rajiv did, Premathasa did, Chandirikka did. BR will.

  10. Fran Diaz Says:

    Lorenzo,

    The 13-A is the ugly child of the Cold War > set up Riots of 1983.

    For many reasons, it was impossible to scrap the 13-A right after the last war with the ltte. For one thing, stock had not been taken of the ground situation at all to just jump in and remove the 13-A. Who had the powers to do so, right after the war, without the proper facts and figures to justify their action ? Nobody !

    It is only now since various concerned people have written in with the facts and figures and the general pubic has a good idea of what really went on all those years since Independence, that removal of the 13-A is possible. Now is the time for a Referendum to remove the 13-A. Right after CHOGM will be the right time. Also ‘postpone’ the Northern Elections till a new method is devised to govern all areas properly without allowing Separatism.

  11. Ratanapala Says:

    It is time that those who have been chased out of the Northern Province are paraded around the country highlighting their predicament as well as the violations of their fundamental rights. All governments since Independence from British Colonialists have continued to violate the fundamental rights of the majority Sinhalese simply by making them believe it is them who are in power. From the time of Independence it is Colombians and mainly Christian Colombians or their bottom kissing Colombian Buddhists who have been running the country in various guises.

    The current situation with those displaced from the Northern Province is a classic case not forgetting the Sinhalese who lost their land to an immigrant population from South India in the estate sector.

    This government has no legitimate right to hold elections without settling all those who have been displaced. Now it is only the people who can do this. It is time now for the so called patriotic parties – the JHU, Bodu Bala Sena and others to given leadership to this protest and agitation.

    It is also time for the Mahanayakes to give credence to the injustice that is going to be perpetrated before their very eyes. One Mahanayake said he is willing to protest in the streets to stop casinos. Here is a much worthy cause for these worthies – at least the issue is about the continuation of Sri Lanka as a unitary political entity.

    The big powers are on the warpath. They know they are now exposed all around the world for their hypocrisy. Because of their power they are now moving against other nations with impunity. Once the Northern Provincial Council is established it will not take long for them with India/ Tamil Nadu, leading to come directly to the assistance of the Northern Province by-passing Colombo. Colombo will be left to grin and sneer like the proverbial cat who crapped on rock – to lick the soiled fingers! Wigneswaran has already fired the first salvo saying that their territorial interest goes beyond the Northern Province!

    For Sri Lankans it is time to circle the wagons, strengthen their defences and get ready for war, for the politicians seem have abandoned – interested only in their continuation in power, the well being of their families and the continuation of their dynasties. !

  12. Lorenzo Says:

    Fran,

    I RESPECTFULLY disagree.

    In 2009 govt. could have done it. They didn’t have two thirds but they could have mustered two thirds EASILY by bringing a bill to SCRAP 13 amendment with the threat of calling for SNAP elections.

    Those who didn’t support the bill would have LOST the SNAP election.

    This is exactly what JR did to IMPOSE 13 amendment!

    By 2009 govt. had 110 seats. JHU 9 seats. JVP – those who didn’t cross over had 33 seats. 110 + 9 +33 = 152!
    2/3 majority!

  13. Lorenzo Says:

    I fully agree with Ratanapala for seeing things as they are.

    Only war and “similar things” can save SL now.

    Which is WORSE? A bad name for the nation and a few investigations or continued violence, Tamil Elam, a growing Tamil political power and SLAVERY?

    Can the courts save SL? NO. Prove me wrong.
    Can the president save SL? NO. Prove me wrong.
    Can the parliament save SL? NO. Prove me wrong.
    Can the POWERLESS PEOPLE save SL? NO. Prove me wrong.
    Can China save SL? NO. Prove me wrong.

    Rajapaksha scrwes people by inaction. When they run to Ranil he scrwes them LITERALLY!! Not to mention TNA, Endia, etc. waiting to scrwe the people.

    Screww them back!

  14. aloy Says:

    Since we did not have a good leader after DS, we are destined to go on a bloody path over and over again. I foresee another one with JVP grabbing the opportunity. When MR came around we thought we had another one. But it appears, it is not going to be. Today crossovers and elections are more important than the sovereign nature of the nation to vast majority of Sinhalas . Everybody seems to be scared even to bat an eye lid thinking the same fate that befell on SF will pass on to them as well. Only a few in this forum express strong opposition. Where is JHU?. Where is BBS?.
    When Wigneswaran has openly said what he wants, is it right for our leaders to hand over the sword to him because of a CHOGM?.

  15. S.Gonsalkorale Says:

    Rudrapakse is unscrewing bolts attached by war heroes who sacrificed lives to bolt the pieces broken away by Ruin-ill the ballless looser. The way he is doing it is worse than Ruin-ill.
    Maha Sangha will not allow him to unscrew. They are calling for action right now.
    Endia is holding this bugger for ransom. He is shivering in fear.
    Where is his good pal Sunil Vijayapala ? Is he in deep meditation in Sri Lanka ?
    Time for him to go behind his pal and screw.

  16. Fran Diaz Says:

    Dear Lorenzo,

    I still beg to differ re the 13-A & Pres.MR removing it earlier.

    Please show us a single article written BEFORE the war with the ltte ended (May 2009) pointing out the dangers of the 13-A. Generally, we all knew it was done by India under Duress and that it was not helpful at all, but not much more. I repeat, the President had to have facts & figures and also Public Opinion on his side before he could have removed the 13-A right after the war. Remember that India was not really for the war, or only reluctantly participating only to give appearances of help (dud radar equipment) etc., in order not to upset the Tamil Nadu leaders. It is only now that we all are fairly well informed about the 13-A and what it implies. The story is still unfolding …. it has not finished.

    JR did what he did because even if his MPs were against the 13-A, India “wanted it, or else” ! The situation was/is different for Pres.MR. We have to look at the two different scenarios of the times. JR operated during the Cold War times – serious Super power war games were on, with JR going west and India pro-Soviet.

    ———

    Let us recall that America, India & Sri Lanka were all colonised by Britain. Do any of these countries desire re-colonisation ?

  17. Mr. Bernard Wijeyasingha Says:

    India will learn that she cannot impose on Colombo the inclusion of the 13th amendment into Sri Lanka’s new Constitution. The 13th amendment was drafted in 1987 at the height of the war with the sole purpose of using devolution of powers to end the war. This was an agreement between Rajiv Gandhi and Jayawardene which was implemented and the areas controlled by the Tamil Tigers got that power on which they built their own government, postal service, fire brigade, police, schools etc. But they also wanted Eelam. That was not part of the 13th amendment.
    In addition India’s responsibility was to disarm the Tamil Tigers and usher in peace. That too did not happen making that agreement mute since the war was concluded by Sri Lankan military. Now India is pushing to include this amendment after the war was won. If it is now implemented it would give extra powers to the same lands that would have made Eelam and I doubt if the Rajapakse Government would allow that. Furthermore it is now no business of either New Delhi or Chennai to dictate to Sri Lanka on how to form her new Constitution. That is a strictly sovereign issue.
    If the tables were reversed India would not let any of her neighbors to dictate to her if she is forming a new Constitution. The oddest part is that India supported the Tamil Tigers using RAW who trained them in several Indian states and Tamil Nadu who played host to the Tamil Tigers each and every time they struck. Now India is using diplomatic means to try to achieve what she could not by military means. It is not just India but Western nations with large Tamil populations who are dictating to Colombo on how to form her new Constitution.
    There is nothing to be gained by keeping the 13th amendment in the New Constitution other than a diplomatic method to form Eelam. The Tamil National Alliance has been pushing for this to be included but they routinely go to either Chennai or New Delhi to get advice or support on this issue and other domestic issues. Sri Lanka has fought a 30 year war to keep her land in one piece and I doubt if she will allow this defunct amendment to be resurrected in her new Constitution. Finally the more pressure India puts on Sri Lanka on this divisive issue Sri Lanka will go closer to China and the Sri Lankan Tamils have everything to lose.

  18. SA Kumar Says:

    Fran Diaz
    Please show us a single article written BEFORE the war with the ltte ended (May 2009) pointing out the dangers of the 13-A- Fully agreed !

    Even child born yesterday know How SL Govt wipped out ltte with Indian fully blessing ( not only indian droped any parcel of Sooththu parcel with parruppu & they have stopped other (US by ship)
    for this blessing Our head of Maththara Mathaya promised 13 plus to Manmohan Singh !
    this is open secrect !!!!

    Now come to reality Today !
    in last interview Our new elected ( not even election date not confirmed yet) NP CM requirested to TN (Indian) do not inter fare our internal problem of Mother Lanka We will sort out home made solution in united mother Lanka with !
    But Can We sort out ourself !!! We did not since 1948 !!!
    Hope & Pray Our Maththaya will !!!

  19. SA Kumar Says:

    Mr. Bernard Wijeyasingha
    Sri Lanka will go closer to China and the Sri Lankan Tamils have everything to lose- No if that happened Sri Lankan Tamils get TE with Indian blessing !

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