THE PRIORITIES FOR THE MAHINDA RAJAPAKSA ADMINISTRATION
Posted on October 29th, 2018

DHARSHAN WEERASEKERA,

29th October 2018

The change of government on 26th October 2018 has put an end to the prospect of a new Constitution being brought or changes made to the existing one so as to lay the foundation for a future secession of the Northern and Eastern Provinces by way of a referendum endorsed by the international community.  This is what the Tamil Separatists were hoping for all along, and now they are back to square one.

However, the Sinhalayo cannot take the stroke of luck that has come their way for granted.  They must take full advantage of this chance and put an end to the Tamil Separatists once and for all, that is to say, put an end to the ideological, intellectual, political and financial institutions that sustain Tamil Separatism both within Sri Lanka and abroad.  If not, it’ll be only a matter of time, and very short time at that, before the Separatists start undermining MR and the new Administration, and with the help of the international community, destroy it.

Accordingly, I give below some of the legal means that I think the new Administration should use, or encourage the Sinhalayo to use, in order to start putting the Tamil Separatists out of business.  I will first discuss what I think should be done within Sri Lanka and then turn to what should be done internationally.

A. International Measures

  1. Quickly produce a document that sets out the Government’s position regarding the allegations or war crimes and other crimes being leveled by certain countries and also the UNHRC against Sri Lanka.

The effort by Sri Lanka’s enemies including the Tamil Diaspora to undermine and delegitimize the new Administration has already started, and predictably one of its main components is the effort to revive the claim that MR and those around him are criminals and that the international community has a duty to hold them accountable in order to save the rest of Sri Lanka especially the minorities.

So, it is imperative that the Administration establish its position in respect of the various allegations of war crimes as well as human rights violations.  This necessarily entails that the Government establish its stance in regard to resolution 30/1 of October 2015.  Both positions must be put in writing and then given to our allies such as Russia, China, Pakistan and so on, and their views and suggestions obtained as to any changes that should be made to the document.

The Government should then get an undertaking from these allies that they will back the Government in front of the international community, especially in forums such as the UNHRC, to defend the Government’s position.  Once this agreement is obtained, the document should be conveyed to the international community in a formal way.

The Government should then tell the Western nations that are always criticizing Sri Lanka, that although various individuals or NGO’s in those countries are free to make allegations against Sri Lanka, the Governments of those countries have obligations under international law to follow prescribed procedures when making allegations against  another country.  The Government should insist that they honor those obligations, which involve, at a minimum, giving the accused a chance to officially respond to the allegations in question before taking against them.

The Government should also inform those countries that it will pursue whatever remedial measures may be available under international law, including at the International Court of Justice, if countries interfere in Sri Lanka’s internal affairs in violation of the aforesaid obligations.  The Government should be prepared to follow through on that threat.

B. Domestic Measures

  1. Action under the 6th Amendment to the Constitution

In my view, the 6th Amendment to the Constitution is the most powerful tool available at the moment to combat the Tamil Separatists within Sri Lanka.  The 6th Amendment offers options for the Government as well as for ordinary citizens to take action against the Separatists.  Section 3 of the Amendment permits the Government to prosecute persons it considers to be advocating the establishment of a separate State within Sri Lanka.

Section 4 of the Amendment permits any person to take before the Supreme Court a political party, group or organization that the petitioner considers has an intention of setting up a separate State within Sri Lanka.  If the petitioner can prove his claims, the Court will grant a Declaration that the impugned organization is separatist, which can lead among other things to proscription of the organization.

Unfortunately, neither of these options has been used very much  To the best of my knowledge, Section 3 has only recently been used by the Government to try and prosecute Vijayakala for allegedly saying that she wished Prabakaran and the LTTE would return.  Vijayakala is ‘small fry.’  The big fish are the folks such as Sampanthan and Viggy.  Some way or other must be found to invoke Section 3 of the 6th Amendment against these two.

For instance, it is a sure bet that, in the last week of November, Viggy and his acolytes will again try to celebrate their miserable ‘Mahaveer Day.’ This time they’ll go all out in order to take advantage of the international attention that will be focused on Sri Lanka on account of the change of Government.

The Government should make it absolutely clear that it will not tolerate any attempts by Tamils or anyone else in his country to commemorate the LTTE or in any way, directly or indirectly, to perpetuate the ideology and the goals espoused by the LTTE.  So, the Government should make sure to haul Viggy and his lot before the Court of Appeal under Section 3 of the 6th Amendment if they so much as lift a finger to  commemorate the LTTE,  and if found guilty, make sure that they get the maximum penalty.

6 Responses to “THE PRIORITIES FOR THE MAHINDA RAJAPAKSA ADMINISTRATION”

  1. Dilrook Says:

    None of these things will be done because that is a sure way to lose Tamil votes. All presidential election candidates go begging Tamil votes. However, I agree these can save the nation and the Mahinda coalition. If TNA 14 MPs can be barred from parliament as the TULF was barred in 1983, then the UNP cannot disrupt Mahinda regime.

    It is commendable that Sirisena keeps the law and order ministry to himself. It must never be given to a Mahinda supporter. For Mahinda, it is best to avoid taking it. There will be many violent protests and police will use force. That makes the minister unpopular. On the other hand, Sirisena must continue FCID, etc. investigations against Rajapaksa family to keep them under control. He should also get Mahinda to frame bond scam fraudsters and pit the UNP against the Mahinda camp. Keeping them enemies helps stabilize the regime.

  2. Ratanapala Says:

    The trick will be to get those in the SLFP as well as the UNP to join Pohottuwa as a means of ending 70 years of minority politics by reuniting all well-meaning patriotic Sinhalese under one umbrella. This is the first step.

    Since Sinhalese decided to go separate ways due to the breakaway to form SLFP, Sri Lanka has never had a stable government away from the tribal politics of the Tamils and later the Jihadi politics of the Islamists.

    At the moment there is no essential difference between the politicians on either side of the political divide other than a desire to better themselves while it lasts. Only differences have been between the external backers and their different ideologies with respect to what they want from Sri Lanka.

    If Sri Lanka is to prosper we must be rid of the shylocks of minority parties who demand their pound of flesh and keep governments to ransom till their demands are met. We can remember how Thondaman kept ‘all powerful’ JR at bay until his demands were met. The end result has been that the Sinhalese have been on the slippery slope losing their very right to land and their heritage in parts of the land which are historically theirs.

    Tamils in Wellawatta have become powerful enough to say – “No Sinhalese” in parts and buildings they occupy. This is just a simple example besides other ignominies perpetrated on the Sinhalese by Racist Tamils and Jihadi Muslims in the rest of the country.

    The second step will be for all communities to realize that we all could be better off and winners if we stop divisive politics and reject all those politicians who advocate tribal and religious extremism. Together we can make Sri Lanka great and prosperous!!

  3. Randeniyage Says:

    Please allow me to predict all of these excellent advice will remain suggestions and all those hopes will be a distant dream.
    All these people too are with low statesman IQ but full of personal greed.

    Let us wish all the best for motherlanka though.

  4. Ananda-USA Says:

    Ratnapala,

    Getting the CURRENT UNP to join the Pohottuwa is a SURE FIRE WAY to DESTROY the Pohottuwa, by recreating a Yamapalana-like mess now “within” the very bowels of the Patriotic movement.

    Individuall patriotic UNPers can indeed shed their UNP affiliation and dogma, and join the Pohottuwa, but NOT THE UNP idealogues and its leadership.

    Remember what Sirisena said in this Address to the Nation on the 28th: That there are FUNDAMENTAL differences in the ECONOMIC, SOCIAL and CULTURAL agendas and view points between the UNP and the SLFP (and ergo the JO) that cannot be bridged to create a common ground. I think Sirisena is ABSOLUTELY CORRECT!

    These differences are most EVIDENT among the UNP leadership and are largely a CLASS ISSUE which translates into a fundamental inability of the UNP elite to IDENTIFY WITH THE COMMON PEOPLE of our country. We sometimes refer to this as the COLOMBIAN DISEASE!

    More SERIOUSLY, it ultimately subjugates the UNP’s agenda to the needs of their NARROW SOCIAL CLASS, spawning a LACK OF PATRIOTISM. PATRIOTISM is largely espoused and represented by the COMMON people who are the PREPONDERANT MAJORITY of citizens of our Motherland, and those who instinctively IDENTIFY with them, like me!

  5. Ananda-USA Says:

    Randeniyage,

    I DISAGREE with your DISMAL prediction, because I KNOW that GREAT CRISES SPAWN GREAT MOVEMENTS & COMMITTED LEADERS.

    For example, we had a 30 year so-called “unwinnable war” against the LTTE, but it at last spawned the Rajapaksa Government that won it in 3 short years, in a manner that evokes ADMIRATION and ENVY of even the most POWERFUL Nations in the world! That EXISTENTIAL CRISIS SPAWNED committed leaders like Mahinda, Gothabhaya, and the resr of the Military and Civilian leadership who PULLED TOGEHER and routed the enemy.

    Likewise, about 450 years ago, Sri Lanka was reeling under the Portuguese Invasion of our country. With their ships, modern weapons and military organizations, aided and abetted by their missionary priests, they seemed set to completely change the character of our people, destroy our religion, enslave our people, and capture every inch of our country. Then there arose a leader, Don Joao aka Konappu Bandara aka King Wimaladharama Suriya who learned EVERYTHING they knew, turned tables on them, founded the Kanda Uda Rata Kingdom as the last refuge of our Sinhala Buddhist people, introduced a military strategy that succeeded in defending that kingdom until March, 1815, enabling the Sinhala people to SURVIVE without religious conversion or enslavement for 450 years! 450 years ago, a GREAT CRISIS SPAWNED a GREAT LEADER and a GREAT PATRIOTIC MOVEMENT!

    We are now at such a GREAT CRISIS, the PATRIOTIC FORCES having managed to oust a PARA-GATHI AGA-MATHI and his band of THIEVES marching to an ALIEN AGENDA, to recover and deliver the diadem of our Motherland to its own NATIVE PEOPLE. Make NO MISTAKE, this moment is as IMPORTANT as the CRISIS over which the Rajapaksa government triumphed in May, 2009.

    And ONCE AGAIN, a GREAT National CRISIS SPAWNED a GREAT National SOLUTION. I am confident that, FIRM in the KNOWLEDGE of what our FOREIGN & LOCAL ENEMIES attempted to do by changing very economic, social and cultural FABRIC of our Motherland in the last 3 1/2 years, we will DEVISE the NECESSARY SOLUTIONS to SECURE our FUTURE in the LONGER TERM.

    NEVER AGAIN must we FORGET what the ENEMIES OF OUR MOTHERLAND sought to do in the last 3 1/2 years! NEVER FORGET!

  6. Nihal Perera Says:

    I agree with Ananda…

    I understand the cynicism among Lankans when it comes to SL politics and politicians. I don’t blame them for that. However, we cannot go on blaming the politicians and dirty politics for our miseries, without looking at our own cultural failures in the past.

    Who elect these people? It’s the voters. So we need to take the blame and responsibility for creating these crooks and the corrupted political culture that dominates in SL today.

    The Sri Lankan voters need to educate themselves to understand who are the patriotic leaders and who are the leaders willing to sell the country. For seventy years Lankans have been voting for two major parties that have done nothing but ruin the country – economically and socially. Only MR’s leadership, with the help of patriots like Gothabaya, managed to end the civil war, and developed the country rapidly bringing SL to the 21st century, as the fastest developing nation in Asia.

    No country in the world is free of corruptions. The West is no different. It’s not the corruptions, but the level of corruptions that counts. Unfortunately, level of corruptions in SL has been one of the worst in the recent past. This cannot go and Lankans will have to decide which politicians are the true patriots and least corrupted, which is no easy task considering the choice of current politicians in SL.

    No matter how cynical we feel today we cannot give up and throw our hands in the air. We have only one motherland and it’s our duty to save her – not only for ourselves, but for generations to come.

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