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The13 amendment
'The illegitimate child of Indian expansionism and Sri Lankan political
naivety'
Dr Sudath Gunasekara (President
Senior citizen's movement Mahanuwara)
19 11. 2008
Now that once again the infamous and much debated 13th amendment is
trying to raise its ugly head, I thought it appropriate and timely too,
to highlight few critical issues on this subject in the broader interest
of the nation so that it will open the way for a nationwide public debate.
The 13th amendment was brought up in pursuance of the Indo-Sri Lanka
agreement of 29th July 1987 entered upon between Sri Lanka and India.
This was singed by J.R.Jayawardene, the then President of Sri Lanka
and Rajive Ghandi the Indian prime Minister. Though it was called an
agreement, in reality it was the will of the Indian government imposed
on JRJ by the Indian government under the able and cunning stewardship
of Dixit the then Indian Ambassador in Sri Lanka. We all know how it
was preceded by the famous 'dhal invasion' of Jaffna peninsular in August
1983, which demonstrated the high handed action on the part of Indian
expansionism. It was a blatant violation of all accepted international
diplomatic ethics. In fact we all still remember how Dixit summoned
JRJ to his office and got JRJ succumbed to his dictations under threats
of imminent invasion.
In the words of a group of patriotic people who made an analysis of
it 'The Indo-Lankan Agreement was an agreement between the two Heads
of States that was conceived, incubated and hatched in the greatest
secrecy' until they were singed. They were singed under a country wide
curfew and a total press censorship. Even the foreign Ministry was kept
in the dark. Prime Minister Premadasa stayed out of the country in protest.
Minister of Internal Security Lalith Atulathmudali also boycotted it.
It was also singed under a country wide protest organized by the opposition
under Mrs. B's leadership. Thereafter JRJ used his steam roller majority
of 5/6th to get it passed by the Parliament. The Chief Justice of the
country also resigned and left for Australia in protest.
This was the backdrop under which JRJ used his dictatorial executive
powers to get the 13th amendment through. This scenario makes it more
than clear that he singed these agreements under pressure from India
for his own political survival. It is also not surprising that he did
so, when we recollect that it was he who said in 1920s that Sri Lanka
of Dutugemunu and Parakramabahu is a thing of the past and if you want
to develop the country, Sri Lanka should be affiliated to India as one
of its regional states.
This tragic event in the political history of this country has once
again highlighted the mistake of leaving everything in the hands of
power hungry politicians, in matters dealing with the destiny of the
nation. It also focuses on the serious vacuum created by the tragedy
of absence of powerful national level leaders and organizations who
can tame the politicians, when it comes to issues that decide the future
destiny of the country.
All in all this chain of events clearly demonstrate that the Indo-
Sri Lankan Agreements did not have the support of the masses in this
country, in whose hands lies the sovereignty of the Republic which is
also said to be inalienable. Obviously therefore the 13th amendment
has violated article 3 of the Constitution of Sri Lanka, although JRJ
has legitimized it subsequently using his dictatorial executive powers.
The Indo-Sri Lanka agreement was the result of a diabolical conspiracy
hatched by India against Sri Lanka. It also has violated the provisions
of Article 1 of the constitution which says that 'Sri Lanka is a Free,
Sovereign and independent country etc. Thirdly since by establishing
provincial councils and the manner in which their functioning has been
maneuvered, the unitary status of the Republic is also violated. (Article
2).The intension of the 13th amendment itself was not bon-fide. It was
not enacted in the broader interest of the country and its people. JR
singed this for his own survival and the survival of his government
in the face the Indian threat.
One can argue that under the then prevailing rather sour Indo-Lankan
relations (for which JRJ and his government was responsible) he had
no choice. Therefore he had opted for the best choice in the interest
of the country. But that is only mere rhetoric. The content of the agreements
and the subsequent legislations (13th Amendment) clearly demonstrate
how they have protected the interests of this country. Even the removal
of civil rights of Mrs. B is a part and parcel of the same conspiracy.
Of the six amendments that were brought under the 13th amendment to
the constitution, only amendments 2 and 4 are discussed here. The 2nd
amendment amended Article 18 of the 1987 constitution which stated that
the 'Official language of Sri Lanka shall be Sinhala', making Tamil
also an official language of Sri Lanka. It also said English shall also
be the link language.
Amendment 4 on the other hand which amended sec 154 of the original
Constitution added a new Article as 154 Aunder a new chapter XV11A and
it provided for the establishment of the Provincial Councils. Under
this it was proposed to establish a Provincial Council for every Province.
Each Council to have a Governor who will exercise executive powers
in relation to subjects assigned to the Provincial councils. Legislative
powers will be carried out by the Provincial Council headed by a chief
Minister and a board of Ministers elected by the people of the Province.
Wide and far reaching powers were given to the Provincial councils under
the Ninth Schedule List 1, which is called the Provincial Council List.
This includes practically all powers pertaining to governance within
the province including among other things Land, Police powers, Legal
powers tax and Finance These Councils were also given powers even to
negotiate with foreign governments and organizations. This has been
already done in the NWP when Jayawickrama Perera was the CM. Provision
for establishing 'Super Provinces' were made under Article 154A ,(3)
by combining two or three adjoining Provinces to form one administrative
unit with one elected Provincial Council, one Governor, one Chief Minister
and one Board of Ministers.
The main purpose of the Indo Sri Lanka Agreement was to find solutions
to the so called ethnic problem said to be present here and find a solution
to the North- East problem and restore peace and normalcy in the country.
But it is rather ironical that it also included a clause to make Tamil
also an official language and for repatriation of the estate Tamils
who had already been declared to be Indian citizens. These manipulations
and the proposal to establish nine Provincial councils on the Indian
model and some times even going beyond in matters of devolution are
definitely sinister moves on the part of subversive Indian politics.
What was even more serious were the provisions made to amalgamate two
or three provinces to form one Provincial council? Here they went further
by providing for a referendum to be held for the people of those provinces
only to decide whether they should stay together as one administrative
unit or get back to their status quo. This again is a nullification
of the sovereignty of the people of this country. Probably the designers
of this sinister plan would have had the North, East and the Uva or
the Central Provinces where there is a majority Tamil population to
form in to this happy pro-Indian Tamil nadu within Sri Lanka. The fact
that Saumya Moorthi Thondaman has already had discussions prior to this
event at Ella Rest House with some foreign donor agencies to construct
a super high way to link Nuwara Eliya and Badulla with Batticaloa support
this argument and conspiracy.
In fact the recommendation of Provincial Councils for the other provinces
as well was made only to hoodwink the southern people. In reality India
wanted them only for the East, North and another Province of their choice,
where there was a sizable Tamil population. Following the 13th amendment
fortunately only the North and East provinces were merged and that also
had to be dissolved after Vardharaja Perumal declared independence.
The proposed referendum for the people of the two Provinces to decide
whether they should remain as one or two was never held. After nearly
fifteen years of debate, thanks to the JVP who went to courts, finally
the North- East provinces were demerged and now the first danger of
Provinces getting together on an ethnic basis to form the Tamilnadu
in Sri Lanka, perhaps what the Indian had in their minds when they designed
the Agreement is no more there. It should be noted that even today Perumal
is kept as a 'state guest' by India.
Although the two Provinces have been demerged consequent to a court
order we cannot remain complacent that the danger is over particularly
when we see the emerging new moves, both in international and local
lobby circles to implement the 13th amendment. As we all know nearly
for 15 years we did not have a provincial council for the North and
the East for which it was really intended. Instead we have Provincial
Councils in all other Provinces; causing an additional burden to the
coffers of the state and enormous confusion to the good governance of
this little Island nation. Since previously I have in several occasions
discussed at length the tragedy of the Provincial Councils, I do not
intend to deal further on that issue here. Instead now I will divert
to a brief discussion as to why the 13th amendment should not be taken
up at this critical moment of history of this Island nation.
As you would have already seen from the above observations neither
the Indo-Sri Lannkan Agreement nor the 13th Amendment was ever wanted
by the people of this country, with whom the country's sovereignty rests.
The agreement was something imposed from above by India against the
wishes and sovereignty of the people of this country and the 13th amendment
was thrust upon the people by JRJ to safeguard his political survival
and none of the subsequent legislations were passed or implemented in
the interest of the recipient country or its people.
Three major things happened as a sequel to the 13th amendment. They
were unprecedented and critical too, in the context of the political
future of this country.
1 Setting up of 8 Provincial Councils
2 Making Tamil also an official language (perhaps the only country in
the world with two
official languages)
3 Repatriation of nearly 500,000 estate Tamils who should have been
otherwise sent to India
under the then prevailing laws
Establishment of Provincial Councils was the biggest bane in this game.
It not only strengthened the political boundaries set by the British
for the permanent division of the Island in 1889 but it also further
polarized the minority groups, both Tamils and Muslims who were clamoring
for separation. The establishment of PCC also has multiplied the political
and administrative institutions, which have in turn increased the government's
expenditure with almost zero returns. State of California in USA, six
times larger than Sri Lanka, has only one Governor but this tiny Island
has nine governors and nine Provincial Councils with a top heavy expensive
state machinery over burdened with politicians and officials. For whose
benefit do they exist? The increases in the number of political institutions,
politicians, officials, offices and connected expenditure to maintain
them were phenomenal and unbearable for a small country like ours. The
waste, corruption, duplication etc also have unprecedentedly increased
in keeping with the Parkinson's Law.
The new system also has increased ethnic polarization. Neither the
LTTE terrorism nor the tendency for ethnic segregation among the Tamils
has ceased or decreased as a result of this agreements or the implementation
of the 13th amendment. Instead all problems in all fronts have escalated
and it has even given new inspiration to Muslims and the estate Tamils
also to agitate for separation. The proportional representation system
of elections introduced by the 1987 constitution has made things even
worse by complicating the election process and adding to the cost and
above all alienating the elected from the voter and creating electorates
without representatives; thereby making representative democracy a big
mocker and a joke in this country.
As such the remedy recommended has now become worse than the malady
itself. Therefore it could be safely stated that the overall outcome
of this whole exercise has been disastrous to this country's future.
It only has consolidated the sinister intensions of colonial policies
of divide and rule and the intentions of India of balancing political
power at home and keeping Sri Lanka destabilized. The continuation of
this system could be even more disastrous for the future of this country
both politically as well as economically. What this country needs today
is not policies that perpetuate and accelerate the disintegration of
the Sri Lankan State but to look for ways and means of re-establishing
the political stability, once we had in this country for millennia.
Therefore it is high time that we drop this curse and political cancer,
the trap laid by the colonial masters by marking them on ground as well
as in the minds of the minorities and that was given political and legal
meaning and substance by India, at least now, and go for some pragmatic
and meaningful system like the ancient 'Tun Rata' concept which will
not only once again bring back political stability and ethnic harmony
but also economic and social prosperity to this Island as one nation.
I think Sri Lanka has already established an unbeatable world record
as the country that has the highest number of Ministers, politicians
and public officials, political and administrative institutions and
that spends the highest percentage of the national income to maintain
them, compared with other countries in the whole world. This also means
the biggest burden to the public coffers adding very little or nil to
national production.
The Provincial Council system and proliferation of unwanted and superficial
public institutions is one of the biggest burdens we face today as a
nation. Arresting proliferation of both political and administrative
institutions therefore is a sine qua non, if any one is serious in good
governance that marks efficiency, honesty and economy, in this country.
The existing system only accelerates negativity in nation building and
distances us far and further away from positivity. Why should this country
labour the luxury of maintaining 874 politicians (including 9 Governors
and 155 Ministers) when it could be run more efficiently with about
280 politicians and 25 Government Agents as shown below after devolution
of power to Three political divisions and decentralization of administration
to 25 districts.? See the following table for details.
Present Proposed
President 1 1
Prime Minister 1 1
Governors 9 3
Present Proposed
Parliament PCs Par. PCs
MPP 225 638 125 150
Ministers 109 45 15 45
Total 225 638 125 150
Total 11+225+638= 874 5+ 125+150=280
This is on the assumption that the country will be governed by one government
at the
centre with a Parliament headed by a President and three Rata Sabhas,
Ruhunu, Pihiti
and Maya. As it is I think Sri Lanka has the highest number of politicians
and political
institution in the including Minister and Ministries and public servants
in the whole
world. The expenditure incurred on this machinery therefore in y opinion
is a criminal
wastage. It could be reduced at least by 50% and that could be gainfully
diverted to
national development if we adopt the proposed system. In this backdrop
my view is, that
not only the 13th amendment should be scrapped but the 1987 Constitution
itself should ne
replaced with a new one that could bring about political stability and
balanced
development in the country.
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