Help to Safeguard the Unity, Sovereignty, Territorial Integrity and Buddhist Heritage of Sri Lanka
Posted on October 27th, 2017

Mahinda Gunasekera

A new Constitution has been drafted and is being presented in parliament on October 30, 2017 for three days of debate and adoption which would lead to the formation of a federal state, and even the ultimate break-up of the country as sought by the Tamil separatists at an early date in the near future.

The present Sri Lankan government came to power with a mandate to abolish the Executive Presidency and reform the electoral system, but had no mandate to introduce a new constitution or change the structure of governance from a unitary to a federal state. This is an attempt to satisfy Clause 16 of the UNHRC Resolution proposed by the US and UK which was co-sponsored by Sri Lanka in Geneva on October 1, 2015, which calls on the government to devolve power to the peripheral units based on the controversial 13th Amemdment imposed on us by India in 1987.

There has been a lack of transparency in the constitution making process with little information available to the public from the Consultative Committee headed by NGO representatives and the Parliamentary Steering Committee headed by TNA, MP M.A. Sumanthiran and Jayampathy Wickramaratne, MP, a known federalist.

360 with Manohara De Silva ( 09-10-2017 )

The draft is vague and elusive, with mere mention of a National List which will protect the sovereignty and territorial integrity without providing an itemized list of subjects to be administered by the Centre. It sets up a new Constitutional Court not envisaged by 13A, outside the purview of the Supreme Court, for arbitrating disputes between the Centre and Provinces. The rulings of the Constitutional Court shall be conclusive and final. Three tiers of government, namely, Central Government, Province and Local Authorities are identified, with the local authorities being brought almost entirely under the Province. The Concurrent List of subjects shared by the Centre and Provinces has been scrapped, and the Centre will not have authority to override statutes passed by Provinces on matters in the Provincial List. It advocates the abolition of the Executive Presidency and the election of the President by Parliament. This undermines the authority of the President to intervene promptly on issues affecting the sovereignty and territorial integrity as his decisions are subject to Parliamentary approval and judicial review.

The Northern and Eastern Provinces are to form a single Provincial Council even though the Supreme Court demerged the temporary merger as unconstitutional, illegal and invalid in October 2006. The Governor of the Province has been reduced to a nominal status thereby reducing the authority held by the Center.  Land required for national projects has to be sought from the Provincial authorities, and any disputes will be reviewed by a National Land Commission with equal representation of the Centre and Provinces, with appeals to be decided on by the Constitutional Courts. Development projects could be delayed due to prolonged arbitration/litigation.

Pathikada 12.10.2017

http://www.col3hd.net/pathikada-12-10-2017/115899

 

The words being used in the proposed constitution to describe the structure of governance is totally deceitful, as the very word ‘unitary’ has been deleted from the English version, and therein substituted with the Sinhala and Tamil words ‘Aekiya/Orumiththa Nadu’, which is redundant, especially as the English word ‘unitary’ has a well defined meaning, understood and accepted by the public. Aekiya is a Sinhala word coined to mean unitary, whereas the new Tamil word ‘Orumiththa Nadu’ means ‘joined together’ or ‘united’ and not the same as ‘unitary’ earlier represented by the Tamil word ‘ottriachchi’ as  contained in the national constitution since 1972. This is a fraudulent attempt to cheat the public by making the Sinhalese think there is no change, while at the same time it is a foolish move to try and please the Tamils who seek a federal structure as an interim measure prior to separation.

The wording contained in the proposed constitution does not confer the same recognition given to Buddhism as bestowed in the previous national constitutions per Chapter II, Article 9, which allows the foremost place and at the same time enjoins the state to protect and foster the Buddha Sasana, despite such assurances given by both the President and Prime Minister. Buddhism has held the foremost place for over 2,300 years while accommodating all other religious beliefs and practices that arrived later. Since the acceptance of the Buddhist Teachings by King Devanampiyatissa and his subjects and establishment of the Buddha Sasana, the sublime philosophy which highlighted mental development and inner peace, heralded a unique civilization that gave an impetus to advancements in the arts, architecture, hydraulic system to harness water, social customs and values, that has enriched the lives of the island’s people. Even today, with over 70 percent of the population being adherents of Buddhism, the constitution grants all citizens the freedom to adopt, practice in private or in public, and teach any religion of their choice per Articles 10 and 14(1)(e). The leader of the Tamil National Alliance who is also the leader of the opposition and the Cardinal heading the Catholic Church have publicly stated that they have no objection to the retention of these Articles allowing the foremost place to Buddhism as already granted. Contrary to assurances by the head of state, the responsibility entrusted to the state to protect and foster Buddhism has been watered down by removing the word state, and instead providing that ‘Sri Lanka’ would ‘protect and foster Buddhism’, thereby making it vague by not fixing responsibility.

There is a serious threat to the unitary status, territorial integrity and Buddhist heritage of our motherland which would be drastically changed if the draft constitution is adopted with the required 2/3rd majority in parliament, which is aimed at pleasing the TNA and the rump of the LTTE resident overseas who seek a federal system, and the major western powers who seek to downgrade the Buddhist influence and create divisions among the resident population that would lead to a break-up of the island nation. We need to support the NATIONAL JOINT COMMITTEE (NJC) headed by Dr. Anula Wijesundera and Lt. Col. Anil Amarasekera, with Manohara de Silva, PC, Dr. Hema Goonatilake, Dr. T.L. Gunaruwan, Rear Admiral Sarath Weerasekera, Gamini Gunawardena former DIG, Dr. Ranjini Ratnapala and others taking the lead to campaign against this unwanted constitution.

You could direct your contribution to Mrs. Badra de Zoysa at ………. Huntingwood Drive, Scarborough, ON ……………. to be remitted to the NJC’s bank account number 0040 6000 0757 in the Narahenpita Branch of the Sampath Bank for educating the public and taking up a court challenge if necessary. Your kind cooperation and prompt contribution to safeguarding our motherland will be greatly appreciated.

Sincerely,  

11 Responses to “Help to Safeguard the Unity, Sovereignty, Territorial Integrity and Buddhist Heritage of Sri Lanka”

  1. Dilrook Says:

    If there is anything worse than the proposed new constitution, it is tweaking existing constitution to give more powers to provinces (13 Plus).

    The proposed new constitution must go through a referendum where it will be defeated. But the sneaky 13 Plus (not called that way now) is far worse because it can be passed secretly. It is unstoppable if attempted.

  2. Senerath Says:

    Thank you Dilrook. Everyone is ignoring your effort conveniently.

    I am concerned how long we are allowed to critizise 13 A let alone 13 plus the most unpatriotic proposal ever made by a leader.
    Please listen to Gevindu Kumaratuge here.

    https://www.youtube.com/watch?time_continue=4230&v=2RESnYguS1A

  3. L Perera Says:

    If and when there is a change to Sri Lanka’s costitution from Unitary to Ferderal – it would be the end of hopes for peace and progress and the beginning of economic decline and unrest. No democracy in the world can deprive a (75 percent Ethnic Majority ) of their inherent rights and desires , without dire consequences.

  4. Senerath Says:

    @L. Perera
    Federal is already there in 13 A. Even the UNP Koombiyos in the discussion above ( see my link) accept that.
    And, yes the decline is also there since 1987 (ignoring borrowing inspired flase ‘infra structure’development’ whihch shos a GDP increase).
    But that is what they want. Chaos. Then those in the South will aske for western province seperation ( with Tamil speaking majority now in Colombo city, it will expand to the whole province with Indian money). Then more Chaos followed by Indian intervention and whole country will be ruled by Orumitta terrorists.
    Here is a man we hate ( origin of 13 A ) telling the TRUTH.
    https://www.youtube.com/watch?v=ZncOQfvtVcU
    Who else (including big Heores) said the TRUTH since then ? (so called Nationa Enemy ?) They are all worse than him. No backbone to tell the truth to face.

  5. Dilrook Says:

    Thank you Senerath you are correct.

    Most of those who claim to be “patriots” are just blind followers of petty politicians. They love their political masters, not the nation. With such “patriots” we don’t need traitors.

    13A is now fast becoming less dangerous because 13 Plus is coming without the name this time. 13 Plus is almost Tamil Eelam in the north and east and Tamil Eelam two steps away in rest of Sri Lanka. 13 Plus doesn’t need referendums. It can be secretly passed. UNP, SLFP, SLPP, TNA and JVP support 13 Plus. A great victory for its inventor but sadly he cannot take credit for it because that ruins his election results!

    What I find most interesting is that the Tamil Eelam camp hates me for saying this because it disrupts a rare bipartisan agreement reached between all major Sinhala political parties to divide Sri Lanka in May 2013 (Singapore Principles and Wijerama Principles). The false patriot camp also hates it because it exposes their true identity. So there are no takers for what is good for the nation.

    The nation is an orphan.

  6. L Perera Says:

    Senerath / Dilrook.
    So, what you are implying is that the 75 percent majority of Sinhalese cannot stand up to an ethnicaly lmixed group of minorities. By the same token you are implying the majority is disunited. I somehow think that the majority will soon realise the dire consequences they face and outnumber those who follow traitors.

  7. Senerath Says:

    @L.Perera
    We too are hopeful. But the main challange may not be from what is obvious. See the link below, Maha Sangha is well aware of these Koombiyos and they have started the unity. However my great worry is our people including Sangha may not be aware of even a greater betrayals to come from where we thought not possible.

    https://www.youtube.com/watch?time_continue=13&v=WKrC5itB7Jg

  8. Ananda-USA Says:

    Should Sinhala Buddhists stage MASS DEMONSTRATIONS against the NEW TRAITORS CONSTITUTION, BEFORE it is DEBATED, or AFTER if it is APPROVED by a 2/3 VOTE in Parliament, the Yamapalanaya MAY NOT BE CONFIDENT of the support of the Police Force and the Armed Forces, largely manned by Sinhala Buddhists to ACT AGAINST Sinhala Buddhists!

    In such an event, they would APPEAL to foreign countries for EMERGENCY MILITARY ASSISTANCE to QUELL public protests by Sinhaala Buddhists.

    Is that why the US Naval Task Force is NOW offshore Colombo, and the Indian Navy has just concluded a joint Military Exercise with the Sri Lankan Navy, Maithripala Sirisena recently promoted and set-aside the Tamil head of the Navy, and appointed another Navy chief and MR went abroad to India to escape the potential violence?

    Is it to PREPARE for the use Foreign Forces to PROTECT the Yamapalanaya against Sinhala Buddhist PROTESTERS? FOOD for THOUGHT! The next FEW DAYS will REVEAL the TRUTH!

  9. Senerath Says:

    @Ananda-USA
    Don’t be silly. Sangha will not allow this nonsense. As I said only great potential danger is the betrayal from sources unimaginable to you and me. This is why we should let go of attachments to see the real picture and get ready for every possibility.

  10. Ananda-USA Says:

    Senarath,

    You are clearly a DEAF, BLIND and DUMB person, SILLY to BOOT, if you ignore this timely warning.

    What you said is not of any relevance or substance if the Yamapalanaya uses the same trickery it used to get the Elections Bill passed to offset their expected unpopularity at the polls, and suppresses public protests against the NEW TRAITORS CONSTITUTION with FOREIGN TROOPS!

    The NEW TRAITORS CONSTITUTION was crafted by the Tamil Diaspora, Foreign Fundamentalist religious NGOs and Western Powers plying their geopolitical agenda engineer what is effectively a parliamentary coup-de-etat.

    When these powers begin to surround the country on the eve of the debate on the Constitution, we have to be VERY SUSPICIOUS! NOTHING is beyond the TREACHEROUS Yamapalanaya!

  11. Ananda-USA Says:

    First round of debate on interim constitution reform report tomorrow
    Sun, Oct 29, 2017, 10:30 pm SL Time, ColomboPage News Desk, Sri Lanka.

    Oct 29, Colombo: The first round of debates on the Interim Report of the Steering Committee on constitutional reforms in the Constitutional Assembly of Sri Lanka is due to commence tomorrow at 10.30 a.m. in the chamber of Parliament.

    The debate will take place for three consecutive days on the 30th and 31st of October and 1st of November 2017.

    The draft Interim Report of the Steering Committee was tabled in the Constitutional Assembly on the 21st of September 2017 by the Prime Minister as Chairman of the Steering Committee.

    The proceedings of the Constitutional Assembly are open to the public.

    The Interim Report of the Steering Committee and other information on the constitutional reforms process can be accessed/ downloaded at Constitutional Assembly of Sri Lanka.

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