What will happen to Sri Lanka if Devolution of any important subject is allowed
Posted on May 7th, 2012
Garvin Karunaratne Former Government Agent, Matara District,
The Island Editorial of 30 th April addresses the task of Devolution and the 13 th Amendment and aptly calls the present situationƒÆ’-¡ƒ”š‚ a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-devolution minefieldƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.
Recently Lt Col.(Rtd)ƒÆ’-¡ƒ”š‚ Anil AmerasekeraƒÆ’-¡ƒ”š‚ rightly highlighted the fundamental difference between Devolution and Decentralization, stating that once a subject is devolved it cannot be controlled even if the devolved subject is misused and handled in an unjustifiable manner.
Leave alone Land and Police Powers,ƒÆ’-¡ƒ”š‚ if any Devolution is allowed and practiced even in Agriculture, Irrigation and Energy and many such other important aspects,ƒÆ’-¡ƒ”š‚ Sri Lanka will cease to exist as a united country. It will split into a number of countries, noneƒÆ’-¡ƒ”š‚ of which cannot be sustained economically. As an officer who has handled development work I am certain of this.
Let me at the outset,ƒÆ’-¡ƒ”š‚ deal with the 13 th Amendment to our Constitution. It is a stark fact that the 13 th Amendment was a piece of legislation decided by the Prime Minister of India, Rajiv Gandhi. It is Indian and not Sri Lankan. Let me quote what I wrote some time back:
Is it not a fact that President Jayawardena was held at ransom by India- sorties of fighter jets flown low over Colombo, an Indian destroyer appearing off the port of Colombo and a drop of food over Jaffna- and President Jayawardena caved in meekly..
Everyone should be aware ofƒÆ’-¡ƒ”š‚ the belligerence that India has been upto with its neighbours. Bhutan has been forcibly brought into IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s control. Bhutan was a sovereign country. Not any more. India is controlling Bhutan External Relations through the 1949 Treaty between the two countries. Article 2 of the Treaty requires Bhutan to be guided by the advice of India in the conduct of its external relations while Article 6 bars Bhutan from the import of arms, ammunition, machines, warlike material or stores without assistance and approval of India.
This means that today Bhutan cannot frame its own independent policies.
The 1949 Treaty with Bhutan smacks of the 13th Amendment imposed on Sri Lanka by India.
Sri Lanka really lost its sovereignty to India when President Jayawardena meekly introduced the 13 th Amendment into the Constitution.
Allowing the Indian Peace Keeping Army into Sri Lanka was also a sign that we had been subjugated by India.
It is also important to be aware of the process by which the 13 th Amendment was passed by Parliament. At that time President Jayaewardena held resignation letters from all Members of Parliament.(other that from Ronnie de Mel) in his pocket and threatened to use them if any Member of Parliament were to act against his wishes. Further it is a fact that at that time President Jayawardena had incarcerated all Members of Parliament other than Mr Ronnie de Mel in a Five Star Hotel in Colombo and he would go there and march the Members of Parliament to parliament under police escort to vote as he wished. After the voting the Members of Parliament were again incarcerated in the Five Star Hotel.
That was the freedom the Members of Parliament had in voting in Parliament in the days of the UNP President Jayawardena!
Further the approval by the Supreme Court for the 13 th AmendmentƒÆ’-¡ƒ”š‚ was a split decision, five for it and four against it. That was the time when the residences of the Judges were stoned to bring them to submission.
Thus the very fact that the 13 th Amendment was Indian and entered onto our Constitution by force militates that we should send it to the scrap yard.
Professor, now Minister G.L.Peris had this to say of the 13 th Amendment:
ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-There is some talk in certain quarters about the resuscitation, the revival, of the 13th AmendmentƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ I maintain that the 13th Amendment does not deserve to be resuscitated, you cannot breathe life into it for the simple reason that its foundation is incurably flawedƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ there never was a genuine desire to devolve power through the medium of the 13th Amendment. It was an exercise in insincerity. It was a response to external pressures that could not be resisted at that timeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ What is more, in my view, the 13th Amendment has inflicted irreparable damage on the procedures and techniques of negotiating with regard to constitutional and ethnic amity. This is because the 13th Amendment has bred a great deal of cynicism. This is so because there is a wide gulf between the appearance and the reality.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ [emphasis added ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” as stated during the P. Navaratnarajah Memorial Oration delivered on 28 July 1997, contained in GL Peiris, Towards Equity (2000), p. 148. Interestingly, Prof Peiris reiterates this message in the exact same words (ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”its foundation is incurably flawedƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢) in a speech delivered to the Commonwealth Human Rights Initiative in New Delhi, on 18 December 1997. See ibid, p. 185].
What is really wrong with The Thirteenth Amendment is that it has foisted on a small country a devolved administrative system that is suited for a large country. Implement the Thirteenth Amendment in the USA and the States will fight to save their water. The Missisipi and Missouri is the longest river in the world. This River flows through a large number of States at least ten and all ten States will be fighting for its waters if the Thirteenth Amendment is adopted. This War really did happen in actual practice. The States of California and Arizona had a bitter battle to use the waters of the Colorado River, which was the border for the two States. In the words of Dan Walker, a former Governor of Illinois:
The Parker Dam Ignites the Arizona- California War
Trouble first began when Arizona ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”drew a line on the dirtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ on its side of the Colorado River and said ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”no dam until our water rights are resolved to ArizonaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s satisfaction in WashingtonƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢. That could mean years of delay. Arizona then seized on the fact that Parker Dam was being built by the Bureau of Reclamation without any specific Congressional authorization. ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Parker dam is illegalƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ cried ArizonaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s spokesman and Arizona vowed that it would stop the project. When the actual construction process neared Arizona on the other side of the Colorado River Governor Benjamin B. Moeur cabled a warning to his counterpart in California: ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”This could mean warƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢. When heavy cables to hold the river barges in place for riverbed drilling were anchored on the Arizona bank, Governor Moeur declared martial law and ordered militiamen to the site.
Governor Moeur solemnly declared that he was ordering into action whatever troops would be needed to repel the threatened invasion of the sovereignty and territory of the State of Arizona.
(From:Thirst for Independence: The San Diego Water Story, Sunbelt Publications, 2004)
This war had to be stopped by Congress.
The North of Mexico is a desert. It has no means of sustenance because the waters of the Colorado River that could have turned the Mexican desert to a land of bountiful prosperity is now totally used by the USA, which has built a number of dams tapping the water. While the entire prosperity of Southern CaliforniaƒÆ’-¡ƒ”š‚ and Arizona depends on the water from the Colorado River, the poverty and deprivation so characteristic of North Mexico below the USA border is also the result.
Take Bangladesh. The Farakka Dam built by India across the Ganges takes out water for the port of Calcutta and this has meant that there is less water in the Ganges River when it reaches Bangladesh. The result is that salinity has crept into the fertile lands at the mouth of the Ganges in Bangladesh. In my two yearsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ consultancy in Bangladesh I have personally come to know of this problem. Many are the discussions and meeting amongst India and Bangladesh held at high level, but this has proved to be a problem that could not be solved.
Let us see what will happen to Sri Lanka if water and land powers are allocated to the Provincial Councils. The Mahaweli River begins in the Nuwara Eliya District and by diverting its water to the North- to the Anuradhapura District the farmers who have enjoyed the Mahaweli Water in Teldeniya and Minipe have had to face a shortage of water. The Mahaweli water also is used in the Trincomalee District. There will be a total conflict between the Central, North Central and the Eastern Provincial Councils which cannot be resolved. Theoretically it can be decided but there will be eternal war.
Take Energy. Hydro Electricity produced in the Nuwara Eliya District feeds Colombo. If Water is Devolved the Provincial Council in the Central Province can leave Colombo in darkness and also deprive water from the Mahaweli to the North Central Province.
Sri Lanka is a small country and its population is centred around the Western and Central Provinces. There is a dearth of land in the Western, the Central and Southern Provinces while there is ample land in the North Central, NorthernƒÆ’-¡ƒ”š‚ and Eastern Provinces. The people of the Provinces who do not have land to cultivate have to be found land in the areas where land is found. This will be a sore point between the Provincial Councils.
It is also important to note thatƒÆ’-¡ƒ”š‚ though the Tamils claim the North and the East as their Homeland, the actual fact is that the entire North and the East is full of Sinhala inscriptions on rock which prove that the area was the Homeland of the Sinhala people.
Let me also illustrate my experiences as an officer in the Administrative Service.
Once I was in charge of the working of the Vegetable Purchasing Scheme(VPS) of the Marketing Department.ƒÆ’-¡ƒ”š‚ This was a Scheme which purchased vegetables at producer fairs throughout the island, transported the produce overnight to Colombo and soldƒÆ’-¡ƒ”š‚ vegetables at small shops in the cities at a rock bottom price .This was done by keeping a margin of 15%, while the traders kept easily over 100%.ƒÆ’-¡ƒ”š‚ This marginƒÆ’-¡ƒ”š‚ of 100% was shared by the trader who purchased at the Fairs, the wholesale merchant in Colombo and the retailer.ƒÆ’-¡ƒ”š‚ The purchasing prices were fixed by the Assistant Commissioner at the Headquarters of the VPS at Tripoli Market, situated at the Colombo Goods shed.ƒÆ’-¡ƒ”š‚ The Assistant Commissioners in the District reported the prevalent prices at the producer fairs and a study was done of the rates at which vegetables were sold at the wholesale market.ƒÆ’-¡ƒ”š‚ If agricultural marketing functions are totally devolved this VPS cannot be worked, because the Assistant Commissioner at Tripoli Market cannot fix the prices to purchase vegetables in other Provinces.ƒÆ’-¡ƒ”š‚ What is important to understand is that over 95% of the up country vegetables produced in the Badulla and Nuwara Eliya Districts have to be marketed in Colombo. Similarly the bulk of the low country produce, from Embilipitiya and Kekirawa have to be found consumers in Colombo. Again the entire crop of Red Onions produced in Jaffna has to be sold in Colombo.ƒÆ’-¡ƒ”š‚ Each of these Districts belong to different Provincial Councils and the VPS cannot be functioned while the Provincial Councils are active. In other words for the VPS of the Marketing Department to become functional we have to do away with the Provincial Councils. The VPS of the Marketing Department is necessary in order to assure high prices to the producer while the consumer can also obtain produce at reasonable rates.
Take paddy, once I was in charge of the Southern Province. During the paddy harvesting season for around four months twenty wagon loads of paddy arrive at Matara and Boosa from Batticaloa every day for distribution to rice millers and for the rice mills of the Department. The extra produceƒÆ’-¡ƒ”š‚ in the Eastern Province has to be marketed in Colombo and the South.
Even in the administration of fertilizer distribution to farmers through cooperatives if the Provincial Minister for Agriculture is non cooperative the distribution of fertilizer as well as the disbursement of loans to farmers via cooperatives cannot be done. I can remember that a few years ago when the UNP controlled some Provincial Councils the Leader of the Opposition said that he will instruct the Provincial Councils where his Party had a majority to cooperate withƒÆ’-¡ƒ”š‚ government policy. Sri Lanka is too small a country to have so many stumbling blocks. In 1962, the Agrarian Services issued the first circular detailing the fertilizer to be used for every district and this was implemented island wide through the agrarian services staff of Divisional Officers and Overseers. Now such a circular will have to go to the Ministers of Agriculture in each Province and get his approval before it is implemented.
The Provincial Councils to my knowledge is a mill round the neck of Sri Lanka and is an unnecessary ambiguity in administration.ƒÆ’-¡ƒ”š‚ It is a waste of funds. Some Provincial Councils have failed even in handling the administration of hospitals.
The details I have given above will illustrate that the devolution ofƒÆ’-¡ƒ”š‚ administrative duties even in agriculture and agricultural marketing cannot be done. If Land and Police Powers are devolved that will be the end ofƒÆ’-¡ƒ”š‚ Sri Lanka as a single country.ƒÆ’-¡ƒ”š‚ It will inevitably lead to a separate state being established.
This also enables one to surmise why the Western countries and India are insisting that we should implement the 13 th Amendment and devolve full power.ƒÆ’-¡ƒ”š‚ The simple reason is that India and all the Western Superpowers want Sri Lanka to become a total failure. That was IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢sƒÆ’-¡ƒ”š‚ aim in forcing the 13 th Amendment on us by force.ƒÆ’-¡ƒ”š‚ As far as the Super powers are concerned- the USA, the UK, France, Germany, all of them wanted our President to stop the battle with the LTTE. Why? The simple reason is that they wanted Sri Lanka to be split into two and for the two- the North and the East and the Rest to be at eternal war.
To my mind that is the motive of the Super Powers, They cannot bear to face the hard fact that Sri Lanka had annihilated terrorists, a task which they have failed with their mighty fire power.
Perhaps it may not be out of place to state that their aim in waging wars in Iraq and Afghanistan and now, very clandestinely in Pakistan is not to solve any problem but to control more territory- empire buildingƒÆ’-¡ƒ”š‚ once again. A destabilized Sri LankaƒÆ’-¡ƒ”š‚ would be to their advantage. Perhaps the US wants possession of the Trincomalee Harbour because it will provide supremacy over the Indian Ocean. Their present base at Diego Garcia is totally inadequate.
It is time now to bury the 13 th Amendment once and for all. Let us not leave any room for the 13 th Amendment to be used to destabilize and ruin our motherland.
Garvin Karunaratne
Former Government Agent, Matara District,
6 th May 2012.
May 6th, 2012 at 5:46 pm
Totally agreed. We do not need PCs. We need village level controls to up lift villages. The rest can be easily controlled from the centre. SL is a small country, the entire infrastructure development plan can be plotted into just one AutoCAD file. It is that simple. Why our pundits can’t see this is a mystery.
May 6th, 2012 at 6:22 pm
Why can’t we organise a boycott of Indian goods. We can buy every thing that Sri Lanka needs from PAKISTAN. Including Cricket bats and balls.
May 6th, 2012 at 6:36 pm
[Quote]Sri Lanka really lost its sovereignty to India when President Jayawardena meekly introduced the 13 th Amendment into the Constitution.[Unquote]
A few months before that actually.
Sri Lanka really lost its sovereignty to India when President Jayawardena meekly signed the Indo Lanka Peace Accord that accepts Tamil traditional homelands and agrees not to go against Indian interests.
This is the remote control device in the hands of India.
First the Indo Lanka Peace Accord must be abrogated.
We don’t need PC and DCs. We only need Village Councils or a revamping of LG bodies and GS divisions.
May 6th, 2012 at 8:12 pm
As we all know both Sinhalese and Tamils vehemently opposed 13A when it was forced upon us in 1987. Though the reasons are different, the fact of the matter is both Sinhalese and Tamils had rejected it. Yet, 13A was forced upon the people of 7 provinces who never asked for more politicians or bureaucracy over their heads. Needless to say, maintenance of hundreds of added MPs and ministers had become another unexpected burden to ordinary people. Today we see for real that these politicians have given us nothing in return.
Although administration changed hands several times during the last twenty five years since, none had empowered even the functioning PCs with assigned powers. Indeed each one took back at least some of the devolved powers back to the centre. Why? In this small space, too many chiefs and few bottle washers do not work, I suppose.
We have never heard TNA demanding 13A plus before the defeat of LTTE. They just hanged on to LTTE line; Eelam direct. So why do they insist 13A plus now? I bet it is Eelam indirect. And demand for more pluses will come later. We shouldn’t fall in to this trap.
Repeal the 13A now. Kudos to Garvin.
Leela
May 7th, 2012 at 6:58 am
Our thanks to Mr Garvin Karunaratne for lifting the negative mists and veils off the 13-A at grass roots levels. He has shown clearly the uselessness of the 13-A, and the dangers of keeping it alive any longer.
The 13-A is shaped after the Indian Model. The whole of Sri Lanka is smaller than any of the states of India, except for Kerala (3/4ths size of Lanka), and the Indian Model will not work for Lanka. The Indian Model is difficult even for India. Just a few months ago, Tamil Nadu leaders had to call the Central Govt of India for troops to stop water wars with adjoining states.
Re the 13-A, whose instructions are the Indians following in imposing the 13-A on Lanka ? It all started during the times of the two Superpowers at Cold War in the 1980s, when JR leaned westward. The situation was made much worse and compounded by the 1983 Riots – JRJ was not allowed to stop the Riots either. Yes, we had lost the country through the 13-A and Tamil Separatism. It’s now time to regain the country by ditching the 13-A in toto. The Cold War is over as is the war with the ltte. What remains is TNA/ Tamil Nadu aspirations to form a separate state for Tamils only, and the danger of Indian commerce taking over Lanka economically. The right time has come to ditch the 13-A, before it is all too late.
GoSL must work out a way where Trinco harbor facilities and also other harbors of Lanka should be used only for PEACEFUL PURPOSES and comes under the protection of International Law as well as local law.
May 7th, 2012 at 7:37 am
Why in the world GOSL still keeping this piece of grabage 13th ammendment? Abrogate it ASAP. Goback to village and town councilsystems.
May 7th, 2012 at 1:54 pm
I don’t think there is anything wrong with a 2/3 majority ITSELF.
It is HOW the 2/3 majority is USED.
If used for good things it is good. If used for bad things it is bad. Like with everything else.
May 7th, 2012 at 1:55 pm
Use 2/3 to scrap the 13 amendment. Then it is worthwhile.
May 7th, 2012 at 6:10 pm
The 13th amendment should be scrapped and this would be the demand of the majority.The leaders of course believe that this is another mechanism to give positions to their henchman. More politicians at the top means more control of the people. To maintain their power the rights of the people are been sacrificed. The 13th amendment is now used by the leadership, to hell with the long term implications. That is the real position if not the 13th amendment would have been done away long ago more so because the country could not afford it.
May 8th, 2012 at 4:16 am
Totally disagreed
The 13-A is similar in Indian Model which is keeping india unit forever!
Ok Sri Laka is smaller than states in India but Sri Lanka is a indipendent country itself & have diversity like all other countries ( relgin ,language etc…) so We need a system to unit our diversity !
so best solution in 13A! it will keep our country unit for ever like India !
if any if, but our future generation will sort out …………………..
May 8th, 2012 at 5:38 am
13th amendment is a 22 years old bull now. Father is Karunanidhi and mom is Indira. Utter useless animal, does nothing but gulp billions of tax payer’s money.
Why not India apply the similar solution to Kashmire, Asam, Nagaland, Kalistan, Goa, Pondecherri , Chettinadu or Naxalite controlled areas.
With 13th Amendment India is planning to create Sikkim scenario in North and East of Sri Lanka and get the control of Trincomalee port and then the Indian Ocean. If Indians success they can control Indian Ocean from both sides, west from Mauritius and east from Trincomalee.
Since 1947 Indians have the same system but yet 75% are living below the poverty line and more than 17% nearly 200 million still live as dalits (underprivileged people) without basic human rights. (This is more than 10 times of whole of Sri Lanka’s population.)
In Indian main cities there are more than 250 million slum population living without drinking water and toilet facilities. We have witnessed in “slum dog millioner” their friend American Academy awarded film. Country which cannot provide fundamental human needs to her own citizens, what sort of lessons they try to teach others?
At the end of the day though Indians boasted as regional power but still India is the hell on the world. Indian solution is not good for them even.
May 8th, 2012 at 7:39 am
Sri Rohana
Since 1947 Indians have the same system but yet 75% are living below- Agreed but Indian never use their own air forces in their home land to boom but We used it so who is better !
which cannot provide fundamental human needs to her own citizens- agreed but They are building 100,000 house for us but never build a single house for them so who is in better possion !
Indian solution is not good for them even.-partly agreed but some thing better than nothink ! ( Indian has atleast 24 ?major language but We have only 2 languages )