SCRAP THE 13TH AMENDMENT and Provincial Councils AT LEAST NOW AND ARREST VIGNESVARAN AND COMMITTEE FOR VIOLATING THE PROVISIONS OF THE 6TH AMENDMENT AND CHARGE THEM FOR TREASON
Posted on March 12th, 2016

Dr Sudath Gunasekara

SCRAP THE 13TH AMENDMENT and the ProvinciAL COUNCILS AT LEAST NOW AND ARREST VIGNESVARAN AND COMMITTEE FOR VIOLATING THE PROVISIONS OF THE 6TH AMENDMENT AND CHARGE THEM FOR TREASON

I REQUEST A;LL PATRIOTIC CITIZENS OF THIS COUNTRY TO READ THE ARTICLE BY Dr. S. I. Keethaponcala attached.

I THANKS Dr. S. I. Keethaponcalan profusely for his brilliant analysis of this subject. I am also happy at least we have one such patriotic Tamil man of his calibre as against the mad Tamil devils like Vignesvaran

In the light of this analysis I propose

1 Immediate scrapping of the Provincial Council System at least now and relieve this country of the  30 year socio-political and economic disaster that has ruined Sri Lanka and WILL completely destroy it beyond any recovery if allowed to continue any longer.

2 Arrest of Vignesvaran and the Team who prepared this Report as it blatantly violates the 6th amendment to the Constitution ad deal with them under so that no Tamil Catholic-christian communal ghosts will hover over this Island in future

Dr Sudath Gunasekara

 

Is TPC Proposal A Re-Radicalization Scheme?

Dr S I Keethaponcalan

“This also raises the question whether these proposals are prepared to win political powers or formulated only for the consumption of the Tamil people and to win their sympathy and electoral support. If this is the case, then the report has been prepared with the next election in mind. Nevertheless, Vigneswaran, wittingly or unwittingly is giving leadership to a project that would potentially re-radicalize the Tamil community. The demand for a separate state and the radical or violent tendencies within the Tamil community, as proved in the last 30 years, would only bring destruction to the Tamil community. People who did not personally experience the war may not understand the horror”.

 

As proposed, the ruling party has taken steps to reform the constitution. The government presented a proposal in Parliament to transform the national legislature into a constitutional assembly. In addition, the government has appointed a group called the Public Representation Committee, which is going around the country collecting proposals and ideas.

These steps, despite the problems the government might encounter in garnering a two-thirds majority necessary for meaningful reform, have imparted the impression that reform is feasible. Consequently, some individuals and groups have formulated and presented their ideas for constitutional reform.

Vigneswaran’s Proposals?

The Tamil People’s Council (TPC) headed by Chief Minister Vigneswaran appointed an Expert Committee to prepare a draft proposal, which was handed over to Vigneswaran in February. Reports indicate that the draft has been translated into Tamil and being circulated. It is not clear if Vigneswaran would accept the proposal and present it to the government or would introduce his own changes. However, one cannot assume that the Exerts Committee operated independently without input from Vigneswaran and his allies. Given the recent ideological evolution of the Chief Minister and the company he keeps, one should not be surprised, if Vigneswaran is indeed the real architect of the proposals. The draft is problematic for several reasons.

Before turning to these issues, it would be useful to understand what the Committee has proposed to their leader. A quick look indicated that the Committee is proposing a federal state in Sri Lanka. Under system of governance (p.4), the Committee suggests that Sri Lanka shall be a Federal Republic.” A second chamber (Senate) has also been suggested. So, it is federalism that the Committee is talking about. The question however is, if it is federalism that the TPC is proposing, why should it prepare a proposal in the first place, because the Tamil National Alliance (TNA) has already adopted federalism as its political slogan. Therefore, there should be something else. This is where a closer look was needed.

Confederal State?

A careful reading revealed that the TPC’s Expert Committee has in fact, been proposing a loose confederal system. First, the proposal repeatedly insists that the Tamil people’s right to self-determination” should be recognized. For example, it states …this would mean recognizing the Tamil People’s uniqueness and their right to self-determination (p.1)… Tamils constitute a distinct people with the inalienable right to self-determination. The Tamil People pledge their commitment to a united and undivided Sri Lanka which respects and affirms the right to self-determination of the Tamils (p.4).

Second, it demands an extreme form of devolution. For example, in page 6, it says that the Tamil people should have maximum self-government.” Interestingly, the Committee claims that they recognize that unlike the North-East no other part of the country makes claims to maximum self-government (emphasis mine).” Another example for the demand for extreme devolution could be found in relation to foreign policy. Clause 12.1 states that Foreign policy shall be a subject on the Federal List. However, when a matter on the State List is the subject of a foreign policy decision the States shall participate in the preparation of decisions of foreign policy which concern their powers or their essential interests. The Federation shall inform the States in time and fully, and consult them. The position of the States shall have particular weight when their powers are concerned. In these cases, the States shall participate in international negotiations as appropriate.” The Committee also wants a separate unit with the embassies of Sri Lanka to promote its economic, education and cultural interest (p. 11).” In essence, many provisions of the report, for example, land and police power, education, and public service, seem to propose what could be called one state-two administrations; one for the North-East and other for the rest of the country.

These proposals, in my view, represent four major problems: (1) they are mostly rejected ideas, (2) they have the capacity to undermine possible rapprochement among ethnic communities, (3) they may damage security of the people in the North, and (4) they are unrealistic.

Rejected Ideas

The end of the war and the manner in which the war was ended proved that the Tamils can never have a separate state in Sri Lanka. This realization, forced the TNA, the main Tamil party to officially drop the demand for a separate state in its 2010 election manifesto. In addition, the TNA also denounced violence. The party declared that it will settle for a federal state. The Tamil people overwhelmingly voted for the TNA in 2010. In 2015, while the TNA reiterated its commitment to a federal solution, Vigneswaran supported parties that espoused self-determination. The Tamil people completely rejected the call Vigneswaran made and the parties ran on the platform of self-determination could not win a single seat. Therefore, Vigneswaran and the TPC have no authority to present the Experts Committee report as Tamil people’s proposals. One has to wait to see what Vigneswaran will do with these proposals.

Undermine Rapprochement

Second, one of the preconditions for ethnic rapprochement in Sri Lanka is that the communities should be able to live in a united country. The perception that the Tamils are still operating on the ideals of a separate state would prevent the Sinhala community from approving any form of devolution of power and taking steps to promote ethnic reconciliation. Without a reasonable project for devolution of power, the Tamil people will not be able to reconcile their differences with the Sinhala people. The perceived or real demand for a separate state will only help to perpetuate the conflict. Also, radical nationalist Sinhala groups will certainly use the TPC proposals to justify discrimination and actual or political assaults on the Tamil community. The point is the TPC proposal has the potential to delay or hamper ethnic conciliation.

Tamil Security

Three, even after the end of the war and decimation of the LTTE, the previous government retained tight military control over the people in the Northern Province. It is the new government that decided to relax some of the restrictions and allowed greater normalization, which was one of the major demands of the Tamil people until recently. Evidence to suggest that Tamils still are espousing separation would justify re-imposition of some of the restrictions including strict security measures by this government or a future one. This would only help undermine the freedom and security of the people, especially the Tamils in the Northern Province. A government might even delay such measures as releasing land acquired to create high security zones during the war.

Pre- May 2009 World

Finally, the report and the proposed measures demonstrate lack of understanding of the prevailing politico-military realities within the country. Sri Lankan government is currently under no pressure to devolve powers to the Northern Province. It is doubtful whether a reasonable scheme of devolution could be introduced in the new constitution given the resistance which would stem from the joint opposition and other Sinhala nationalist groups that are a part of the government. Therefore, the extreme devolution proposed by the TPC has no chance of being implemented. The question then is what the group proposes to do if the government says no? Would it undertake a campaign to apply pressure on the government? Or would it stir the pot and move on? As far as this author knows, Vigneswaran has no history of protesting.

An extremely interesting component of the report says that the government needs to sign what it calls a pre-constitutional agreement,” like the Dayton Agreement and/or the Good Friday Agreement, with the Tamil leadership, probably Vigneswaran. Both of these agreements were signed to end violence, while major belligerents still had the capacity to use military power.

In Sri Lanka, the LTTE is gone and the Tamils have no military capacity. So, the government does not have the need to sign agreements with Tamil groups and I don’t think it will. Therefore, Dayton and Good Friday agreements are wrong examples to use in the present context. One may argue that Sri Lankan governments have signed agreements (Banda-Chelva and Dudley-Chelva agreements) with Tamil leadership when they did not have military power. However, Chelvanayakam was leading a non-violent protest campaign, which disrupted governance in the North-East. These governments were under pressure to come to an agreement with Chelvanayakam.

Therefore, the TPC demand for a pre-constitutional agreement is unrealistic and it demonstrates lack of understanding of the international and domestic realities. The group perhaps is living in a pre-May 2009 reality.

Re-radicalizing?

This also raises the question whether these proposals are prepared to win political powers or formulated only for the consumption of the Tamil people and to win their sympathy and electoral support. If this is the case, then the report has been prepared with the next election in mind. Nevertheless, Vigneswaran, wittingly or unwittingly is giving leadership to a project that would potentially re-radicalize the Tamil community. The demand for a separate state and the radical or violent tendencies within the Tamil community, as proved in the last 30 years, would only bring destruction to the Tamil community. People who did not personally experience the war may not understand the horror.

7 Responses to “SCRAP THE 13TH AMENDMENT and Provincial Councils AT LEAST NOW AND ARREST VIGNESVARAN AND COMMITTEE FOR VIOLATING THE PROVISIONS OF THE 6TH AMENDMENT AND CHARGE THEM FOR TREASON”

  1. Ananda-USA Says:

    I am breaking my promise not to engage in the USELESS exercise of preaching to the blind and deaf at LankaWeb, to lend my voice in support of Dr. Sudath Gunasekara in his call for UNITED ACTION by all Patriotic Sri Lankans at this hour of great peril for our Motherland.

    I know Dr. Sudath Gunasekara to be one who cares deeply for the most vulnerable people in the Sinhala Buddhist community, and indeed for ALL patriotic peoples of Sri Lanka, and he deserves my support.

    Yes, indeed, let all Patriotic Sri Lanka citizens DEMAND, and work towards:

    1. REPEALING the 13th Amendment and DISSOLVING the Provincial Council System as inimical to the survival of our Motherland as ONE Indivisible Nation, of ONE Inseparable People, sharing ONE Indomitable National Destiny.

    2. INDICTING, PROSECUTING, and CONVICTING the TREACHEROUS Chief Minister of the NPC C.V. Vigneswaran be and throwing him into PRISON for the rest of his natural days, and

    3. PRESERVING the PRESIDENTIAL FORM of National Government as ESSENTIAL to PROTECTING the INTEGRITY of the Nation, as do many powerful Western Countries (eg. USA, France), now advocating the weakening of our government of Sri Lanka with the pretext the of “enhancing democracy.” Clearly smacks of double standards!

    Unfortunately, this CHANGES in Government Policy we advocate will not happen while the current unpatriotic Yamapalana Government remains in power, hell bent as it is on subjugating our sovereign nation to its enemies by confusing, bribing, and dividing the Sinhala Buddhist majority community, Sri Lankla’s Protective Shield throughout the pages of its history.

    Therefore, let every one of those who fell victim and joined in to level false charges of massive corruption by our heroic President Mahinda Rajapaksa and his UPFA government, NOW REPENT! Let them now realize that in turning on MR and his UPFA Government, who liberated Sri Lanka from over 30 years of globally orchestrated terrorism and developed it as never before in the history of our motherland, that they have been FOOLED and FALLEN into the TRAP SET BY Sri Lanka’s enemies. NOW, they MUST RALLY AGAIN to restore Mahinda Rajapaksa as President and the Patriotic Part of the UPFA as Sri Lankla’s National Government.

    We MUST REALIZE that Sri Lanka is NOW facing an even GREATER THREAT to its SURVIVAL as a Sovereign Unitary Nation than it had faced before the Tamil Terrorist Separatists were crushed on May 18, 2009 at the cost of untold lives of our patriotic soldiers, sailors, airmen, policemen, and innocent civilians who paid the last full measure of their devotion to their country with their lives.

    Let them not have DIED IN VAIN! It is up to us, the living, the patriotic sons and daughters of Mother Lanka, to recognize our FOLLY in falling prey to SIREN SONGS of our enemies, and DEMOLISHING the SHIELD that held our enemies at bay.

    At least now, let us join together to REVERSE THE FOLLIES of 2015, orchestrated by Sri Lanka’s enemies, aided and abetted by a few Sinhala Buddhist TRAITORS greedy for personal power and wealth at the expense of their Motherland. They are no less DESPICABLE TRAITORS than those who sold our Motherland 200 years ago to the British in March, 1815.

    To achieve the LAUDABLE GOALS set out by Dr. Sudath Gunasekara, we must FIRST RESTORE the PATRIOTIC Government we follishly allowed to fall!

  2. Fran Diaz Says:

    Welcome back to L’web, Ananda !
    Hope you stay on with us during these troubled times.

    ——–

    We are ALL for removal of the 13-A. Sooner the better. No doubt about that.

    * Why Lanka GsoSL have let this 13-A go on for so long is travesty of Justice for all in Lanka.
    The 13-A is the ‘divide & rule’ stick for INDIA & Other foreign entities in de-stabilising Lanka.

    * Re Tamil Leaders : Tamil Leaders have to drop the Separatist call in Lanka or face dire consequences. They are obeying the push from INDIA & other foreign countries to keep on the Separatist call. We think that in the case of INDIA, it is to relieve the Caste based powder keg in Tamil Nadu and keep up the western interests in TN, and also bring TN back into the INDIAN FOLD.

    Make no mistake, Tamil Nadu is more important to INDIA than LANKA will ever be.

    Tamil Caste matters are still boiling on in Tamil Nadu. Such Caste hatreds are not openly allowed in Lanka, as Lanka has Laws in place to protect the ordinary Tamil folk, and with NO Caste lines in birth certificates, as done in Tamil Nadu. It appears that a new champion for the Dalits of TN has emerged in TN. Someone by the name of Seeman is the new champ.

  3. Fran Diaz Says:

    I want to make it clear that Caste is stated on the birth certificates issued in Tamil Nadu. Dalit status is stated in the birth certificates issued in TN. Not so in Lanka.

  4. Dham Says:

    “Sri Lankan government is currently under no pressure to devolve powers to the Northern Province.”

    – Dr S I Keethaponcalan

    Fully agree and this should be reiterated again and again in the parliament NOW. We don’t need any opposition parliamentarians objecting to anything else before this is mad know to all and OPENLY and recorded in Hansard.

    It was even better in June 2009. But what followed is disgraceful and completely unwarranted. Let us acknowledge that.

  5. Fran Diaz Says:

    Let us also acknowledge that a False War Crimes charge was imposed on the MR govt. by the UNHRC (Headed at that time by Ms Navi Pillai), which resulted in the LLRC Report to bring about Reconciliation. That had to happen with the 13-A still in place. That is what happened after the May 2009 war finished. After the LLRC Report was out, the pressure from the various foreign organisations, UNHRC, NGOs, etc. was to devolve more powers to the PCs. In fact, 13-A PLUS was the target.
    Many people have written about the folly of such a move. We agree. In fact, 13-A must be removed as it is illegal.

  6. Dham Says:

    Fran,
    There was no war crime charges against MR government.
    War crime charges were on those who did heinous crimes against humanity. Most of those were by LTTE, but it is true that the “government” was targeted. “Last period of the war” was a stupid argument that could have been defeated outright, if the “government” was clean.

    As Sinhalese, we regardless of what happened during war, we don’t want any one to be persecuted.
    But we can’t say such thing, we have to be tactful.

    13A is not the only problem. We have given lot more unnecessary demands even before MR came to power.
    What I am saying is 2009 was the point of greatest opportunity if we were upright.

  7. Ananda-USA Says:

    Dear Fran Diaz,

    Thank you for the Welcome back! I see you continuing to fight hard on behalf of our country … good job!

    I am somewhat tired of seeing my fellow Sinhalese doing foolish things and stabbing themselves in the foot … over and over again … denigrating, bringing down and throwing our heroes to the wolves … led by the nose by professional agitators who pretend to be patriots, even when they are roundly exposed for contradicting and reversing their positions within a short period of six months!

    No one is being held responsible for what they say and do, and those who try to confront the propagandists are demonized! The recent article on LankaWeb about the SHORTNESS OF THE MEMORY of Sinhalese is RIGHT ON TARGET! If not so, would we have forgotten in six years who rescued us from Tamil Terrorism that enveloped Sri Lanka in blood and gore for over 30 years?

    I am now concentrating on charitable activities, and my renewable energy and robotics engineering businesses in Sri Lanka!

    Vaya Con Dios!

Leave a Reply

You must be logged in to post a comment.

 

 


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