GLOBAL ALLIANCE OF PATRIOTIC SRI LANKANS FOR A UNITARY SRI LANKA (GA – PLUS)
Posted on January 19th, 2010

Memorandum on Key National Issues to Candidates seeking Electoral Office – 2010

Our nation succeeded in gaining some breathing space as of May 2009 following the elimination of the three decade long canker of terrorism launched by the heavily armed militant Tamil separatist groups.ƒÆ’-¡ƒ”š‚  This great victory was achieved through the enormous sacrifices of blood, sweat, tears, life and limb made especially by the valiant members of the armed forces, police, civil defence and intelligence services with several thousands falling in action and an equal number becoming disabled, who need to be cared for by their fellow countrymen.ƒÆ’-¡ƒ”š‚  The land so regained needs to be safeguarded to ensure the realization of a peace, the continuity of the unitary state, her independence, territorial integrity and the basic rights and freedoms of all her citizens.

ƒÆ’-¡ƒ”š‚ It is time to seriously ponder on the patchwork legislation and other measures that we have adopted in the interim period at the instance of foreign pressure to placate armed groups that sought to carve out a separate state through violent upheaval including suicide terrorism to be dominated by the Tamil community, whilst moving to resolve the grievances of people belonging to all communities who are equal citizens of our land.ƒÆ’-¡ƒ”š‚  We are particularly concerned about legislation that has been steamrolled, hastily passed and further legislation that is being sought to tinker with the Constitution that would seriously alter the structure of the state leading to its future disintegration due to devolution of powers based on ethnic lines, that would serve as a launching pad towards the attainment of the same separatist goals.ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ 1. The Thirteenth Amendment:

ƒÆ’-¡ƒ”š‚ The Thirteenth Amendment to the Constitution was steamrolled through parliament in 1987ƒÆ’-¡ƒ”š‚  under pressure exerted by our giant neighbour India, including a threat of invasion. President Jayawardene caved into Indian pressure, and even resorted to unethical means of compelling his party caucus into supporting the enabling Bill by threatening to table undated letters of resignation that he had obtained from his caucus members.ƒÆ’-¡ƒ”š‚  There was much opposition from the general public, but no referendum was held to obtain the consent of the people.ƒÆ’-¡ƒ”š‚  This Bill lacked the free expression of the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s representatives and the approval of the people at large.ƒÆ’-¡ƒ”š‚  It is therefore necessary to re-visit these highly controversial laws enacted by the Thirteenth Amendment and bring in an alternate home made constitutional arrangement that is acceptable to a broader segment of the people

ƒÆ’-¡ƒ”š‚ The 13th Amendment based on the Indian constitutional model which devolves powers to regions distinguished by language is essentially federal in nature, and therefore contravenes Article 2 which defines Sri Lanka as a Unitary State.ƒÆ’-¡ƒ”š‚  In fact, some of the safeguards available in the Indian constitution to the Centre too have not been incorporated in the set of laws drawn up for adoption by Sri Lanka.ƒÆ’-¡ƒ”š‚  Laws passed by the Central Government on a subject contained in the shared or concurrent list would remain suspended and inoperative by subsequent laws introduced by a Province, which is tantamount to an alienation or abdication of the legislative power delegated to the Centre by the entire country.ƒÆ’-¡ƒ”š‚  Yet other powers devolved to the provincial units that could be used to create fault lines threatening the unity of the country are as follows:

ƒÆ’-¡ƒ”š‚ 

  • Powers envisaged under the sub-heading ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Police and Public SecurityƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ leaves room for provincial units to build up forces to pursue separatist goals, as the Centre has limited control in monitoring such activities within a province in a timely and effective manner.

ƒÆ’-¡ƒ”š‚ 

  • Devolution of powers over ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”State LandsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ to provinces in the north, east and north central areas with low population densities where most of the remaining undeveloped land for alienation to landless agricultural settlers is available, could be used to block those outside the region based on narrow provincial claims discounting the national interest.

ƒÆ’-¡ƒ”š‚ 

  • The subject of ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”IrrigationƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ too should preferably remain within the control of the Centre.

Powers over ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Ancient and Historical MonumentsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ should also come under the purview of the Centre especially as the separatist elements engaged in terrorism destroyed archaeological remains which bore evidence of the ancient civilization of the Sinhalese.

ƒÆ’-¡ƒ”š‚ 

  • Another weakness is the provision which permits two or more Provincial Units to merge and form a single unit through a plebiscite, leaving room for the north and east to re-unite under the mistaken belief that this region is the traditional homeland of the Tamil community, giving rise once more to the separatist struggle with foreign help that favours their claims for self-determination which could even take a military turn.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 
  1. Alternative to the Thirteenth Amendment:

ƒÆ’-¡ƒ”š‚ 

Whilst we are of the firm belief that the anomalous laws contained in the Thirteenth Amendment needs to be withdrawn due to the aforesaid reasons, we are confident that an alternative constitutional arrangement which limits adequate devolution of powers to the District unit, combined with a greater degree of power sharing at the Centre, plus the grant of necessary powers and funding to the people at the grass roots living in the villages would be a more meaningful solution acceptable to an overwhelming segment of the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s population belonging to the varied communities.ƒÆ’-¡ƒ”š‚  We also would like to abrogate the present Presidential system and revert back to the Westminster model with peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s representatives being elected for each electorate on a ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”first past the postƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ system instead of by an entire district, whilst adding on some features of the Committee System prevailing under the State Council period. A brief note to flesh out the framework of our proposal is given below:

ƒÆ’-¡ƒ”š‚ 

The minorities who complain of majority community domination at the Centre, could now share power by serving in Parliamentary Select Committees and Experts Committees set up for everyƒÆ’-¡ƒ”š‚  Ministry in addition to some holding cabinet office. They could play a direct role in the day to day governance by having a say in the development of policy, planning, implementation and monitoring stages, in respect of government programs.ƒÆ’-¡ƒ”š‚  Furthermore, the administrative structure could be decentralized by locating the central authorities at the most appropriate places. In addition, the Indian Panchayati model can be adopted to empower the people at the grassroots to manage their affairs, as big government tends to overlook the people in the villages.ƒÆ’-¡ƒ”š‚ 

3.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Revision of Inequitable Clauses contained in the Seventeenth Amendment:

ƒÆ’-¡ƒ”š‚ 

Although the Seventeenth Amendment was supposedly intended to achieve a greater degree of democracy and good governance whilst attempting to de-politicise the system, we are seriously concerned about the entrenched clauses therein where an undue advantage has been granted to the minority communities thereby taking away the fair place due to the majority community comprising over 75 percent of the total population.

ƒÆ’-¡ƒ”š‚ 

In order to elaborate the area of concern, we wish to firstly cite Article 41 A 3 of the 17th Amendment which stipulates that 3 out of the 10 members of the Constitutional Council should belong to minority communities and be nominated to represent minority interests. No mention is made of the majority communityƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s representation or interests in the composition of the Council.ƒÆ’-¡ƒ”š‚  Furthermore, the three minority representatives are also entitled to nominate a fourth representative to the ten member council.ƒÆ’-¡ƒ”š‚  Also, the Speaker of the House who is the ex-officio Chair has no original vote, as same has been taken away by this amendment.ƒÆ’-¡ƒ”š‚  Out of the nine voting members, four are there to look after the interests of the minorities.ƒÆ’-¡ƒ”š‚  The minority groups comprising less than 25 percent of the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s population need only one more vote to veto any interest of the majority community.ƒÆ’-¡ƒ”š‚  The balance places in the Council need not be filled from the majority community, as it is not a requirement of the Amending Law.

ƒÆ’-¡ƒ”š‚ 

The Constitutional Council created by the 17th Amendment is a very powerful body with authority to nominate the Chief Justice, all Judges of the Superior Courts, the heads of the Police services, the National Police Commission, the Elections Commission, the Bribery Commission, the Human Rights Commission, the Public Service Commission, and all other important commissions which will exercise governmental power.

ƒÆ’-¡ƒ”š‚ 

  • The 17th Amendment specifically states that when appointing these various commissions, the nominees shall reflect different ethnic groups some of whom may not comprise even 0.5% of the population. According to the National Census and Statistics, there are eight identified ethnic groups of which Sinhalese is only one.ƒÆ’-¡ƒ”š‚  The majority Sinhalese could therefore only be one of eight nominees in any single Commission.

ƒÆ’-¡ƒ”š‚ 

  • The 17th Amendment has also adversely affected the important aspect of National Security, due to controls available to the Centre being shifted to the Provincial units increasing the risk of regional lawlessness and uprisings growing into a serious threat to the preservation of the unitary state.ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ 

  • If the goal is to de-politicise the system, ethnicity or other sectarian consideration should not be a criterion in nominating members to the Constitutional Council and the other Commissions.ƒÆ’-¡ƒ”š‚  The nominees so selected should be distinguished citizens drawn from the leading professions, business, voluntary and charitable fields who have the interest of the nation at heart.

ƒÆ’-¡ƒ”š‚ 

4.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Elimination of Corruption, Nepotism, Waste and Undue Political Interference:

ƒÆ’-¡ƒ”š‚ We are also deeply concerned about the eroding values within the Sri Lankan society, and are particularly saddened and worried about the extent of corruption pervading especially in the public sector.ƒÆ’-¡ƒ”š‚  Nepotism in the selection of candidates for positions in the government sector, unwieldy and top heavy policy making structure of government comprising a huge cabinet of ministers plus deputies, appointment of an excessive army of presidential advisors, selection of political stooges to positions of responsibility, all tend to eat away at the public purse, erode the nationƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s efficiency and drain the publicƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s confidence in fair play and good governance.ƒÆ’-¡ƒ”š‚  Selection of personnel to represent the country overseas is also wanting.ƒÆ’-¡ƒ”š‚  Waste of scarce resources on a recurring basis, and foreign trips by leading members of government with an unseemly large number of delegates who are unable to contribute to the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s benefit are also matters of grave concern.ƒÆ’-¡ƒ”š‚  The level of political interference in the daily life of ordinary citizens, and the intervention on behalf of persons on the wrong side of the law also leads to a breakdown of due process and contributes to an environment of impunity.

ƒÆ’-¡ƒ”š‚ We are aware that all of the above shortcomings have been present in all of the previous administrations as well.ƒÆ’-¡ƒ”š‚  These shortcomings need to be rectified and corruptions eradicated urgently to enable the country to function efficiently and raise the quality of life of its people.

ƒÆ’-¡ƒ”š‚ 5.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Conclusion:

ƒÆ’-¡ƒ”š‚ We are a group of concerned Sri Lankans living overseas who along with patriotic counterparts in Sri Lanka are mainly interested in the peaceful development of our motherland within a framework of democracy, rule of law, human rights and as far as possible equality of opportunity for all of her fellow citizens.

ƒÆ’-¡ƒ”š‚ We request you as a contender for the position of President of Sri Lanka or Member of Parliament to make a careful study of this memorandum and clearly indicate your position on the issues raised by us.ƒÆ’-¡ƒ”š‚  Please be advised that copies of this document are being released to theƒÆ’-¡ƒ”š‚  media in the public interest.ƒÆ’-¡ƒ”š‚  We look forward to hearing from you at your earliest convenience.

ƒÆ’-¡ƒ”š‚ With best wishes to you in your campaign for the high office of President of Sri Lanka or that of Member of the Parliament, and for success in your efforts to build a better, more prosperous and peaceful nation, that could win the respect of our own citizenry and those outside our shores.

ƒÆ’-¡ƒ”š‚ GLOBAL ALLIANCE OF PATRIOTIC LANKANS FOR A UNITARY SRI LANKA (GA-PLUS)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Signed:

USA -ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  FOSUS ; UNILANKA; HELA BODHI PADANAMA (USA & IntƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢l); & Others

CANADAƒÆ’-¡ƒ”š‚  -ƒÆ’-¡ƒ”š‚  SLUNA (Canada); CAUS (Vanc.); Others in Ottawa/London/Windsor,etc.

UKƒÆ’-¡ƒ”š‚  & EUROPE -ƒÆ’-¡ƒ”š‚  Channa LokuliyanageƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Group/ Ben Silva & Mahinda Weerasinghe

MIDDLE EASTƒÆ’-¡ƒ”š‚  -ƒÆ’-¡ƒ”š‚  Lanka Friendship Synopsis ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Middle East

SRI LANKAƒÆ’-¡ƒ”š‚  -ƒÆ’-¡ƒ”š‚  National Interest Front

OTHERS -ƒÆ’-¡ƒ”š‚  Individuals from around the world.

ƒÆ’-¡ƒ”š‚ Dated:ƒÆ’-¡ƒ”š‚  January 15, 2010

ƒÆ’-¡ƒ”š‚ REPLY TO:ƒÆ’-¡ƒ”š‚  GA-PLUS, 84 Tambrook Drive, Toronto, Ontario, Canada M1W 3L9

One Response to “GLOBAL ALLIANCE OF PATRIOTIC SRI LANKANS FOR A UNITARY SRI LANKA (GA – PLUS)”

  1. Chintha Says:

    This type of Global network of patriotics is a essential in combatting the still very active seperatist forces. Good move. Join as much patriots as possible.

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