Abolition of the 13th Amendment, only way to get over the current, Political, Economic, Social, before it gets more complicated.
Posted on October 22nd, 2012

Dr Sudath Gunasekara (SLAS) Former Ministry Secretary and President Mahanuwara Senior Citizens Movement 20.10,2012.

It is also the the best way to avoid confrontation with the Judiciary and get through the Divineguma Bill and minimize external interference and security threats.

ProvincialƒÆ’-¡ƒ”š‚  Councils
ƒÆ’-¡ƒ”š‚  In my opinion the Provincial Council system created under the 13th A is the biggest Political, Economic, Social, Administrative and legal tragedy staged by Sri Lankan politicians in our recent history.

Because firstly, it has laid the permanent and legal foundation for the division of the country politically in to a number of independent states comprising different ethnic groups that will eternally be at war killing each other over the resources of this tiny country including land, water, and sea. The Provinces invented in 1833 by the British to achieve their sinister objective of divide and rule. They were subsequently legitimized as the politically organized future ethnic Tamil self rule units in this country by India in 1987 through the 13 A. Today the concept of the Province has taken deep roots in the minds of minorities as their ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”legitimateƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ unit of devolution of political power on the ground leading to their final aspiration of separation. The operation of Provincial Councils for 25 years has now cemented the greed for power and separation in their hearts. Today this notion of localized political power has even gone beyond beyond ethnic and geographical boundaries and inspired even local leaders of the same ethnic groups irrespective of them being Tamil, Muslim or Sinhalese as evinced in the NCPC and EPC in spite of the enormous power concentrated at the centre under the executive Presidential system. As such today this new political development has emerged as the biggest threat to the unity, National security and the sovereignty of the Sri Lankan State.

Secondly the Provincial Council system has created history as the monolithic white elephant that has wasted more than 200 billion rupees of national wealth over the past 25 years of its existence with no conceivable benefit what so ever to the country other than pushing the country in to an Augean economic mess.

Thirdly it has completely destroyed and disintegrated peace and harmony that was there under the traditional society in our country for thousands of years. Ethnic tension and political infighting rampant within the prevailing PR election system has reduced all politicians to a blood thirsty pack of wolves who have no regard for any human value

Finally the new tribe of politicians emerged at Provincial and Pradeshiya levels on whom the national politicians have to depend so heavily for garnering votes and money have brought about a new political culture that has taken the law in to its own hands has today become the biggest threat to good governance, smooth operation of the Rule of Law and the democratic process in this country. As such there appears to be virtual anarchy all over the country. These local politicians in fact openly run the administration in the country paralyzing all government institutions and even the police and courts. Ordinary citizens have become helpless spectators and they bare the intimidation, threats and all other forms of humiliation for pain of loss of property and even their lives. Chain murders in Ratnapura, Julampitiya AmareƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s episode in the South, crimes committed by famous politicians in the Western Province are only few classic examples of such trends.ƒÆ’-¡ƒ”š‚ 

This situation could be attributed to five main reasons namely, the unprecedented increase in the number of politicians in the periphery arising from the geometrical multiplication of political office due to Provincial and Pradeshiya Sabhas, enormous political power they enjoy, overdependence of national politicians on them, political patronage and immunity extended to them from the Top and failure on the part of the Government to take disciplinary action against them.ƒÆ’-¡ƒ”š‚ 

As a result today the Provincial and Pradeshiya systems have begun to roar as the most frightening monsters that will not only destabilize the Government but also finally gobble up this 2500 year old Nation in no time.ƒÆ’-¡ƒ”š‚ 

The setting up of Provincial Councils in 1987 was the first political conspiracy in disintegrating this Island in to ethnic cauldrons all by creating a number of Tamil and Muslim regions agitating for self rule. It is therefore the biggest betrayal and the traitorous action done to this Island nation by any regime in its entire history. I also see it as an ethno political bomb that will end up in splitting this tiny Island in to a number of smaller ethnic states that could never be reconciled thereafter.

Patriotic Demonstrators turned Traitors for Political power.

The SLFP Government that came in to power in 1904 that organized Island wide protests against this system in 1987 and described the PCC as a betrayal of sovereignty of the people and territorial integrity of Sri Lanka, should have abolished them as the first priority of their Government immediately after winning the general election 2004 or at least in 2009 after the defeat of the LTTE. Not only it did not do so but the very people who protested and took to street demonstrations then have today warmly embraced it even better than the UNP Government that implemented it. What is more is now they talk even of 13 +. It is ironical and tragicƒÆ’-¡ƒ”š‚  to see even the present President also has embraced this disastrous monster in spite of the fact that he was also a leading agitator in the 1987 nationwide protests against this system. Alas! Patriotism, whither are you gone, while power hungry, self seeking politicians are playing hell and destroying this beautiful Nations?

Provinces and Districts

ƒÆ’-¡ƒ”š‚ Demarcating Provinces on ground in this country was started by the British in 1833.These Provinces were later subdivided in to Districts. They conceived the Provinces and Districts purely as Administrative units for revenue collecting and administrative convenience and to keep the natives divided. Each Province and District was administered by one of their Agents (Government Agents) who were directly responsible to the Chief Secretary in Colombo. They were called Government Agents (GAA). Those who were in charge of Districts were called Assistant Government Agents working under the supervision of the GAA of the nine Provinces.

Provincial Council System

The Provincial Councils were set up in 1987 as basic political institutions under the infamous 13th Amendment to the 1978 Constitution. This amendment was brought up in pursuance of the Indo-Sri Lanka agreement of 29th July 1987 (which reduced this country virtually to the status of a ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”ColonyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ of India), entered upon between Sri Lanka and India that was signed 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 Sri Lanka by force. Besides the establishment of Provincial Councils the 13th A also accomplished making Tamil also an official language (perhaps the only country in the world with twoƒÆ’-¡ƒ”š‚  officialƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  languages) andƒÆ’-¡ƒ”š‚  giving citizenship to nearly 500,000 estate Tamils who should have been otherwise sent to India under the then prevailing laws.

Provincial Council system was thus designed by India to divide this country by carving out an independent mono Tamil political unit within Sri Lanka combining the North, East and the Central Province. India pretended that they were initially meant only for the North and the East.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  The fact that the 13 A provided for the establishment of Provincial Councils for all Provinces with a proviso to amalgamate two or three adjoining Provinces to form one administrative unit with one elected Provincial Council, a Governor, a Chief Minister and one Board of Ministers clearly proves the true Indian intention behind this sinister coup. The newly conceived Independent mono Tamil political unit thus covered almost half the area of this Island.

Though the Indian Government covertly proposed to replicate the Indian Federal system here through the Provincial Councils system. But here in Sri Lanka they were vested with more power to enable them to declare even independence from the rest of the country. That shows the hidden agenda India had behind this diabolical move. In other words that was the gateway to the Tamil Eelam in Sri Lanka. As the first step in this vicious coup they were able to establish one PC to the North and the East under Vardaraja Perumal. Fortunately for us Perumal, been so impatient in seeing EElam in action, he declared unilateral independence in no time and fortunately the NE PC was dissolved and the birth of the premature Eelam ended up in a premature abortion.

Provincial Councils have created the following main problems.

Creation of a superfluous political and administrative machinery at the Provincial and district level that created only a monster that gobble up the national wealth at a staggering figure between Rs 5000 M to Rs 10,000 Million a year for the past 25 years with zero benefit to the country and its people. These new institutions are heavens that have provided sinecure employment for tens of thousands of political appointees. This disastrous system has benefitted only the politicians and their cronies. The system at the moment maintains 9 Governors, 8 Chief Ministers (with Official Residences, fleets of luxury vehicles, security and private staff and all other extra facilities and perks enjoyed by the present day politicians, like full pension for himself, wife and four other family members who apparently act as private Secretaries, Coordinating-Public Relation and MediaƒÆ’-¡ƒ”š‚  Secretaries etc (Unlike the public servants who have to complete 10 or more years even to get qualified for pension rights they get qualified to draw the full pension after five years and also they need not wait till they attain 55 years), andƒÆ’-¡ƒ”š‚  a US$ 30,000 or more worth duty free vehicle permit in every five years), 40 Provincial Cabinet Ministers and 8 Speakers (this will go up to 45 Ministers and 9 Chief Ministers after they set up the Northern PC next year). ƒÆ’-¡ƒ”š‚ They sell the duty free vehicle permits for exorbitant prices and make a fortune out of it. The system also has nine Mini-Parliaments at present housed in massive and luxury buildings constructed at public expense to house these politicians. A massive network of expensive buildings paying exorbitant rent also has been acquired to house Provincial and District offices as most Kachchery buildings that formally housed government Departments are taken over by Ministers and some Powerful Parliamentarians at the centre to run their district offices where no work is done but kept as a sign of prestige.ƒÆ’-¡ƒ”š‚  It is said that the Ministers to whom these offices are assigned rarely come to these offices.

ƒÆ’-¡ƒ”š‚ In addition there is a marked proliferation and duplication of institutions at the district and divisional levels of administration. This has concurrently increased by manifolds, sometimes even by 20 to 25 %. As a result today most places are over staffed and you have 15 to 25 people to do the job that could be easily done by one man.ƒÆ’-¡ƒ”š‚  They need new offices, additional staff and office equipment, vehicle, computers, telephones and fuel. All this means additional expenditure to the government. Both politicians and officials of the two systems, (that is the conventional District Administration and the newly created Provincial Administration) are fighting for power, money, position, buildings and privileges and are eternally at logger head and there is no coordination between the two. Enormous duplication, overlapping and divided responsibility has led to political as well as administrative conflicts andƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  clique formation that had made good governance and development in the periphery an utter mess. This also has resulted in colossal wastage, inordinate delay and unprecedented corruption. This situation has made both administration and development a chronic mess at these levels of decentralized administration.

Above all the worst part of it is that most, if not all, these Councils are manned mostly by uneducatedƒÆ’-¡ƒ”š‚  A class thugs, criminals and child and women seducers (especially at the Provincial, Divisional and Village level as it appears practically every day in the press) goons, drug dealers socially undesirable elements, family members or close relations of parliamentarians and political rejects who fail to enter Parliament, who act as brokers, displayers of cut outs and massive sing and bill boards and banners at every junction (with government money when they are appointed as Governors, Ministers, MPP, Chairmen and Directors of Govt: and Semi Govt: institutions), vote and fund collectors for the Parliamentary and Presidential elections. ƒÆ’-¡ƒ”š‚ One Governor of a Province who happen to be an old friend of mine told me that today the omission from construction work within the Province has been jacked up to 25& from former 10% and most Ministers are rogues and today they want even open their mouths if you donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t give them a bribe. From this one can imagine the degree of corruption and pilferage prevailing within this system.

The term ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”MagodistumaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ (CamiluƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Mehevrate Cartoon) appropriately describes the correct public notion of the present day politicians of all parties in this country. Also if you have seen the number of rings in their fingers studded with expensive and glittering gems one can imagine the wealth they have amassed and the vanity and emptiness in their heads and the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”serviceƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ they have done to the people over the years. Some fellows have rings in all nine fingers (except the thumb), sometimes weighing ten fifteen sterling sovereigns indicating that they display the wearerƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s level of riches, thuggery, notoriousness and emptiness and his character. Apart from what is exhibited on their necks, wrists and fingers what about the un-exhibited and other undeclared and concealed assets like land, buildings, and shares in business and bank accounts? From where have they got this money in such a short time after getting in to politics whereas most of them were paupers when they got nominations? Rings are usually worn by people for two reasons. The first one is of course as a symbol of civil life, that is to say that you are a married person; the other is to seek protection from malefic influence from stars. In addition most of these people also have heavy gold chains around their fatty necks to display their power. Of course there may be few good people but that is the exception than the rule and such men are always political misfits within the present political culture. They remain ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Williams the SilentƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ for pain of losing their jobs and privileges.

The ugly legacy of PCC overloaded with the above burden on the country, established in all other provinces that never asked for them today has become a real Huniyama to the nation. They have for the past 25 years tormented and impoverished the nation causing enormous economic, social and political cost to the country accompanied with utter political and administrative confusion that has brought about virtual anarchy in the country.

Everybody for the past 25 years of their existence accuse the provincial councils as monstrous dragons that gobble up public money like the Bermuda trough and white elephants duplicating functions and serving little or no purpose to the people other than maintaining an army of local politicians and institutions who serve as brokers of national political parties in the periphery but no one has made an honest attempt to do away with this superfluous parasitic system up to date.

In spite of this national calamity created by this cancerous system have you ever noticed any political party or politician either in the government or the opposition ever speak a word against it? All national level politicians depend on these parasites for their ultimate power. The Provinces and Districts are also the fertile nurseries that bread the present day politicians at all levels. Without them no political party can survive today in this country. They are like the carnivorous animals that do the hunting for the lions at the national level. The voters are intimidated, frightened, bribed and sometime opponents are killed to garner power for their masters for the crumbs and bones, like money, positions, all kind of open permits for nefarious activities like import and distribution of liquor, government contracts in the field of construction like roads, bridges, buildings at substandard and of course for immunity from the law for all the dirty work and crimes they do to protect their masters etc from the high tables. In this manner together they destroy the whole nation like stem borers destroying a forest and. Therefore if the people of this country want good governance in this country then they should immediately look for a set of politicians or a patriotic political party that will abolish this system forthwith along with the legacy of colonial Provinces on ground.

How the Provincial Councils will finally lead to the disintegration of the Island in to three separate ethnic States, Sinhala, Tamil and Muslim.

Based on the results of the Eastern PC elections one can come to the following conclusions.

1 The Tamils still hold on to the Eelam and the deciding factor in their voting pattern is strictly ethnicity

2 Now the Muslims also want a separate State. Dr. Hafeez of the SLMC asserted that the party wouldnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t compromise its demand ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”a Muslim Chief Minister for the East under any circumstancesƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, though he is careful not to say that he should be from the SLMC. May be both he and Kakeem by now know that they want get the CMƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s post but keeping HakeemƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s position in the Minister is more important than getting one of their members as the CM and losing the Cabinet portfolio. I am happy that Majeed was selected as the CM because that might set a new trend in communal parties to work within the framework of National Parties. Until now we had only the Eelam threat and with this election the claim for a Khalisthan by Muslims in the East also has strongly emerged. When you think of the problems bound to crop up after the NPC elections these are nothing. As such the Govt will see the real problems only after the NPC elections.

3 Development carried out by the Government in the post LTTE defeat has had no effect in changing the communal attitude of both Tamils and Muslims and the dream for ƒÆ’-¡ƒ”š‚ separate states for the Tamils in the North and Muslims in the East is their only aspiration

4 It is a veritable forecast of what is going to happen in the North PC if we have elections. Of course it will be a landslide for the TNA as the Sinhala population there is negligible (except Vavuniya South) Elections to the s will confirm the TNA claim for separation in world forum. Once that happens it will be virtually impossible the Government to desist that against international pressure. Therefore we will be merely playing in to the hands of the international hands by having elections in the north eventually which will be the separation of the Island and the establishment of the Eelam in the North.

5 Additionally polarization of Muslim communalism round the SLMC has emerged as a new threat to the territorial integrity and Sovereignty of this country as a unitary State. ƒÆ’-¡ƒ”š‚ The stoning of Samanturei Court incident that accompanied a frenzy of Island wide provocative demonstrations by Muslims I think has already given a dangerous signal of what is in store for this country in the communal Muslim Fundamentalist arsenal.

6 Both Tamils and Muslims strictly vote on a communal and ethnic basis and the availability of Tamil and Muslim political parties has enabled them to do so. If such communal parties were not there this problem would never have arisen.

Look at the Tamil and Muslim Communal parties operating at the moment in the country.

Tamil Political Parties

TULF Leader V. Anandasangari, Tamil United Liberation FrontTELO Leader, MP Selvam Adaikalanathan, Tami EElam Liberation Organization EPRLF Leader, MP Suresh PremachandranƒÆ’-¡ƒ”š‚  elam Peoples Revolutionary Liberation Front PLOTE Leader Dharmalingam Sithadthan, Peoples Liberation Organization of Tamil Eelam, ITAK Ilankai Tamil Arasu Kachchi (Lanka Tamil State Party) and TNA Tamil National Alliance, TMVP Tamil Mahkal Viduhalei Party, EPDP Eelam PeopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Democratic Party, TELP Tamil Eelam Liberation Party,ƒÆ’-¡ƒ”š‚  CWE Ceylon Workers Congress, Citizens Party (Sri Ranga),NUW National Union of Workers and TELO Tamil Eelam Liberation Organization, UPF Upcountry Peasants Front, Akila Ilankai TamiI United Front, ACTC All Ceylon Tamil Congress, PTA peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Tamil Alliance, TULF Tamil United Liberation Front and TUF Tamil Unite Front.

Muslim Parties.

SLMC Sri Lanka Muslim Congress, All Ceylon Muslim Congress, NC National Congress,ƒÆ’-¡ƒ”š‚  MULF Muslim United Liberation Front, UMPF United Muslim PeopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Front

7 The goal of one country and one nation can never be achieved as long as the present Provincial Divisions and communal political parties are there.

8 Preferential voting system is widely considered the mother of all intra-party battles that has intensified and reached alarming level after this election. Eg few high lights. Berty Ranjith clash in the NCP, Pilleyan Majeed clash EP, Pavitra- Maheepala tussle SP. Pilleyan had to be appointed as an Advisor to MR but with full security, a contingent of vehicles and financial allocations for development in the EP. This is latest precedent and confusion in PC administration. So far the tussle was only between the PC members, District MPP PC Departments and line Ministries and Departments. It was already the Kendaheliya of the seven Andis. Now one more Andiya to stir the kendaheliya and multiply rivalries and personal clashes that will further hinder development in the Province.

ƒÆ’-¡ƒ”š‚ 9 The notion that we have defeated the LTTE in 2009 is utterly irrelevant in the present context. The final goal for a separate Tamil Kingdom in Sri Lanka that will eventually capture the whole Island is not dead. It will re-emerge in one form or the other until either they get it or they will be completely eliminated.

10 The anti-Sinhala animosity (LTTE mindset) among the Tamils is still actively vibrant among the Tamils (this may be partly due to, a) the decades of anti-Sinhala psychosis built up among the Tamils by Tamil communalists and partly due to, b) the Anti-Sinhala and anti-Government propaganda carried out but the Tamil National Alliance (ITAK) during the elections. The fact that Dr. Thuraiappa NavaratnarajahƒÆ’-¡ƒ”š‚  a Minster in the former Eastern PC got defeated from Trico District and MuralidaranƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s sister from Batti also substantiates this fact. The deep antipathy against Mahida Rajapaksa among the eastern Tamils is clearly demonstrated by the defeat of MuralidaranƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s sister and the fact none of the other Tamil candidates contested under the UPFA in all three Districts had been able to win a single place. ƒÆ’-¡ƒ”š‚ Her defeat also provides a valuable clue to the current political status of Muralidaran in the east. PilleyanƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s victory further convinces the extreme Tamil communalism and the LTTE mindset that is still alive among the Tamils. I attribute why Pilleyan has been able to winpurely to his playing with the hair and hunting with the hound attitude. Everyone knows that, though he pretends to be with the Government, actually he still remains a hardcore LTTE trained Tamil communalist.ƒÆ’-¡ƒ”š‚ 

11 HakeemƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ridiculous behavior has exposed him as a man of no principles, a man who is concerned only about his own personnel aggrandizement

12The following write up in the Sunday Leader is worth reading by those concerned with the future of this country. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Eastern Awakening for the Opposition By Muttukrishna Sarvananthan Ph.D

One can say the writer is a pro LTTE Tamil. The tone and language like ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”the rise of Sinhala Buddhist nationalismƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ he has used throughout this piece proves that point. As such it could be labeled as bias. But judging by the overall results of the Eastern PC results, no one can refute the hard fact that ethnic polarization as become even more serious over the past two years. Both Tamils and Muslims now fight for self determination. The fact that all Tamil candidates representing TMVP except Pillaiyan and even Muralidaran sister has lost clearly show that Tamils are not with the government. PilleyanƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s is a personal vote as such it cannot be considered a vote cast for Government. This is the most crucial point the Government has to seriously take note of.

13. I fully appreciate the appointment of Majeed as the CM. It was a very wise and far reaching step. It has enhanced the political image of the Government as a non-communalist Democratic Party that has recognized the Muslim factor in the East. It also has done justice by the Muslim community in the east by appointing him as against a Tamil last time. Morover the appointment of Majeed who hails from a traditional SLFP family in the East has set a welcome trend in our countries national politics making a clear call to all extremist communal politicians to desist communal politics and join the National parties if they are really serious about a peaceful and prosperous Sri Lanka in future.

As for me I would have gone by Minister Dew GunasekaraƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s proposal for an all party PC administration and made use of it as the stepping stone for national reconciliation.ƒÆ’-¡ƒ”š‚ 

In the light of above revelations and the reasons given below I think the Government should immediately think of a political strategy at least now to liberate this country from the conspiracies hatched by the Colonial powers over the past 279 years and by India in recent years through the 13th A to destroy the territorial integrity and the unitary character of this country

If there were no politically designed Provinces like the north and the East and no ethnic political parties Tamils and Muslims would have been compelled to vote with national parties. Therefore the removal of these two root causes (Provinces and Communal political Parties) of this imminent danger and disaster is the first logical step one should take along with the abolition of the Provincial Council system.

The utterly chaotic situation brought about by the results of the Eastern Provincial council elections once again has highlighted the imminent danger of the Provincial Council System. Therefore it is high time that whole the Nation open their eyes and get to the streets to avert this catastrophe if the Government is going to keep silent.

Therefore the whole nation should now rise up in unison to see an end to these 25 years of this tragic curse, waste, corruption and political gambling before it finally and completely destroy this Island nation. It is like the proverbial ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”venomous serpent under oneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s sarongƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢

In the light of this national danger that will lead to the end of this 2500 year old nation all patriotic forces must rise in unison and compel the Government to not to go ahead with the elections to the NPC and instead abolish this huniyama immediately and liberate mother Lanka from this imminent danger and bring back the Tun Rata that had ruled this country for 2442 year from 427 BC to 1815 AD; as One Kingdom and One Nation.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ The PC system serves no useful purpose for nation building

Is a colossal wastage of the countries resources, that could have been used for the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s development

It only helps the political parties to strengthen their electoral organizations to gain power and remain in it

It is only a fertile breeding ground for political thugs and their cronies who rob the country and disrupt and destroy the peaceful social life of the citizens

The proper approach for the way out of this mess would be

1 Firstly abolish the 13th A

2 Secondly remove the two root causes of ethnic polarization with political aspirations,

namely

a) Removal of the Provincial boundaries demarcated by the British Colonial rulers that had led to polarization of Tamil and Muslim communities and

b) Banning all Ethnic Political parties

3Thirdly protect the powers of the Parliament challenged by the Divi NegumaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ Draft Bill episode

(This shows that the 13A has set up 13 mini-governments that are more powerful than the Parliament which is said to be the supreme legislative body in the country whose legislative power is inalienable according to the Constitution. Sec 75 and 76 explicitly has laid down the position regarding legislative power of the parliament. Sec 76 also says that ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-it shall not abdicate or in any manner alienate its legislative power, and shall not set up any authority with any legislative powerƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.)

ƒÆ’-¡ƒ”š‚ It is evident from the Divineguma incident that the PCC have effectively controlled and restricted the power of Parliament to make laws.ƒÆ’-¡ƒ”š‚  Its supremacy therefore obviously has ceased to exist. Therefore the logical step to safeguard the legislative powers of Parliament is to abolish the 13th A together with the Provincial Councils.

Note: Seeking the approval of PCC for the Divineguma Bill is redundant and out of context. As the Bill has been already referred to the PCC and said to have been passed by 8 Councils. This would also create an unhealthy precedent in or law making process.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  As it is, since all the PCC are at the moment with the Government, getting them to pass a Bill want be a problem. But what happen the day they go to the Opposition.ƒÆ’-¡ƒ”š‚  Again Even if the Govt gets the approval of all these PCC getting it through the NPC will again pose a problem since there is no elected body there as yet. As it is, definitely interested parties will move against it in courts. TNA has already gone to courts to restrain Northern Governor on Divi Neguma Bill in the absence of a properly constituted PC and the UNP also has expressed its objection on this issue and vouched to go to courts. This background gives the correct alarm signal as to the legal battles and the complications the Government will have to face in future

Then invariably the Government will be compelled to have election prior to their next step. And once the elections are over it is most likely the TNA will get control of the PC. Thereafter the TNA, along with India, the western powers and anti Sri Lankan NGOO will never allow its passage. That will take the Government to a no return situation and finally left with no other solution than giving in to the wishes of the NPC. Even if the Govt finds some way for the time being this or all other Govts in future will have this problem when any PC goes to the opposition.

The only way available to the Government to avert this dangerous situation and protect the supremacy of Parliament in my view is the abolition of the 13th A along with the Provincial Councils.

One cannot leave this responsibility only in the hands of the government. Therefore it is the responsibility of all those who are concerned with the supremacy of Parliament as the supreme law making body of the nation to cast their political differences aside and get together to protect the Nations Parliament from this imminentƒÆ’-¡ƒ”š‚  danger Although, I have reservations on the activities of many Ministers and MPP of the Government and the way how the country is governed, as a person who wished MRƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s success at the 2005 Presidential elections, I still admire him whole heartedly for his bold stance in defeating the LTTE and the manner in which he faces the challenges coming from India and the West including his successfully concluded recent visit to India. I also like very much his perception of the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Home grown SolutionsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ to our national problems (even though it still remains unknown to the general public).ƒÆ’-¡ƒ”š‚  I also still have a feeling that he can do it as the incumbent President who has all the power to do it at the moment. If he doesnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t most probably the frustrated masses of this country might look for another person who can and will do it for them.

Therefore, it is in this backdrop that I am making this appeal to the President on behalf of the entire nation.

The following factors I think have set the favourable environment in support of my above argument.

1 You have clearly declared several times that you are committed to safeguard the territorial integrity and sovereignty of this Island nation at any cost on the basis of one country one nation concept. You also have said you are committed to a no devolution stance to PCC on land and police powers.

2 You also enjoy enough executive power to t implement such changes

3 You have the 2/3 majority in Parliament

4 You also have public support to make such far reaching changes

5 I also do not think that any other Head of State has had the bitter experience, suffering, humiliation and the understanding that you have gone through this ugly system since 1987 up to date. The best example is your own firsthand experience with the recently conclude Eastern and NCP elections both before and after that continue to fest you with no end. I would like to high light the Berty-Ranjit clash, BertyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s stubbornness in refusing to corporate with the newly appointed CM, his turning down the offers to be appointed to Parliament and as a Cabinet Minister and even as an Ambassador. SLMC headache in the east, the Pilleyan factor, his refusal to be a Minister in the PC and demand for a Cabinet Ministry with power to overlook the development in the Eastern Province, the successful underground conspiracy hatched to get a Berty sympathizer and UNP sympathizer as the Chairman of the NCP with BertyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s support. The next move would be to defeat the Governors Address and then the Budget.ƒÆ’-¡ƒ”š‚  Then what happens? Is the government going to appoint Birty again as the CM to keep the power in the NPC? No one should be surprised even if that happens under the present dirty politics which is concerned only with power for the politicians and their kith and kin.

Finally an appeal to the President

Mr. President Abolish the Provincial Council system immediately to save the Nation from Total Doom, as you did to the LTTE, before you yourself gets inescapably trapped in a no return situation. If you donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t, the LTTE and its ghosts will raise their ugly heads and again we will be back to square one. Meanwhile we will also have more problems this time, with Hakeem and Co fighting for Khalisthan in the East as it was clearly demonstrated in the recently concluded eastern P eletions.

Abolition of PCC will also put an end to the persistence of the nuisance of often heard words and phrases like ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”devolution of power to the Northern and Eastern Provinces, granting legitimate grievances of Tamil speaking people, the 13th Amendment, a political solution/settlement, reconciliation, pressing needs of the people in the North and the East, land and police powers to the North and East Provincial councils, equal rights to all and re-merger of the North and East and finally silence the anti Sri Lankan West, UN Secretary Moon and India as well.

Let patriotism, Service to People and the good of the Country prevail over all other mundane considerations and Wisdom prevail over hunger for power and self seeking of our Politicians

18 Responses to “Abolition of the 13th Amendment, only way to get over the current, Political, Economic, Social, before it gets more complicated.”

  1. Vijendra Says:

    Very well articulated article with all the facts needed to get rid of this cancer of the 13A. Thank you Sir!.

  2. Kit Athul Says:

    Why can’t some one file a case against 13A since it is out side of the SL costitution, just like Jayantha Liyanaghe did for TNA? Next thing Dr. Sudath is to define the THUN RATA KARAMYA. Draw the boundaties and make it feasible and can be implemented. As usual this is an excellent presentation. Where is JHU? May be sleeping? Where is Wimal Weerawanse? Again, may be sleeping?

  3. Dilrook Says:

    I agree with Sudath. There are enough reasons to repeal 13A. There is no need to delay.

    In fact repealing 13A will make the ruling party so popular it can win the next election with two thirds majority. However, delaying it till 2014 aiming for the popular vote in 2015 is not wise. Do it now.

    It will save $4 billion (Rs. 520 billion) for the 3 years 2013, 2014 and 2015 or each person will be Rs. 26,000 richer. A 4 person family will be Rs. 104,000 richer.

    That is enough to win the election without doing anything else. When the $4 billion is released, there is no need to borrow from IMF or India or China and outstanding loans can be repaid.

  4. dhane Says:

    If the President Mahinda Rajapaksa and Gottabaya with 2/3 majority could not get rid of 13A and preferential voting system there will be no future leadership in SL who will do. Introduced better voting system suitable to people and country. Scrap 13A immediately no need to wait until 2015 and go for next parliament election with confidence before
    West, US and UN plot against the Govt: UNP, JVP, SF & NGOs can take holiday & rest for next few more years to come.

  5. Ananda-USA Says:

    Defence Secretary repeats call for abolition of 13-A

    By Shamindra Ferdinando
    Island.lk
    October 21, 2012

    Defence Secretary Gotabhaya Rajapaksa yesterday reiterated that post-war political strategy of Tamil National Alliance (TNA) left him with no alternative but to strongly recommend the abolition of the 13th Amendment. He urged the government, the Opposition as well as the international community to examine the conduct of the one-time mouthpiece of the LTTE.

    It was up to Parliament to decide on the 13th Amendment, the Defence Secretary said, adding that the eradication of the LTTE conventional military capability shouldn’t be a reason for the government to be complacent.

    The Defence Secretary was responding to a TNA delegation making representations to the Chinese Embassy in Colombo in a bid to block the on-going Chinese assistance to construct bases for security forces deployed in the Northern Province. The TNA was causing unnecessary friction, he said, adding that nothing could be as foolish as the TNA’s assertion that security forces were constructing bases on in Tamil areas.

    The TNA couldn’t be allowed to dictate terms to the State as regards the deployment of security forces during war or peace time, the Defence Secretary said, noting that it was the sole prerogative of the government. He said the 13th Amendment was nothing but a springboard for those seeking to accomplish what the LTTE had failed achieve through terrorism.

    The Defence Secretary said that that the government should realise the consequences of the TNA’s efforts to undermine GoSL’s relations with friendly countries. The TNA had never so much as issued a message of condolence when the LTTE killed Chinese nationals twice in separate attacks during the conflict, the Defence Secretary said. The TNA should be held accountable for its role during the 2001-May 2009 period, he, recalling that TNA leader R. Sampanthan’s had declared in the run-up to Dec 2001 parliamentary polls that the LTTE was the sole representative of Tamil speaking people.

    Commenting on persistent TNA allegations that outsiders were being settled in Tamil areas since the end of the conflict, the Defence Secretary said that the main Tamil party was making an attempt to trigger ethnic tensions. “First of all let me tell you there is absolutely no necessity for the government to move outsiders to Northern and eastern Provinces. But people must have the right to live in any part of the country. There cannot be different sets of rules for Tamil speaking people and others.” He said people from the North and the East had moved to Colombo and its suburbs during the conflict and were living there peacefully. Likewise, other people, too, should have a right to live in any part of the country without being troubled by political parties or politicians, he added.

  6. M.S.MUDALI Says:

    Is this author telling all the ecconomic and other problems like “kudu” business come from 13th amendment? Is Duminda Silva a product of 13? Are the “sex” problems of the Sinhala/Tamil thugs coming from 13? Is he telling the bribe giving of the Sri lankans also coming from 13? What a foolish moron!

    This article aimed to destroy the peace again. Author talk about non-senses about 1833 and so on. If he want to get rid of all the ills of the colonial powers and return to the 1400 era, it is good. Northern kingdom too become free again.

    13 was created to people live in peace in the United Sri Lanka but UNP + LTTE thuggery destroyed the sprit of the 13. I hope Sri Lanka is heading to another worse situation again.

  7. lingamAndy Says:

    Abolition of the 13th Amendment, only way to get over the current, Political, Economic, Social, before it gets more complicated-Dr Sudath Gunasekara , Dr pleae go to hospital (Angoda) !

  8. Dham Says:

    Andy malli,
    Can you tell me in detail what beniftis you get from these useless Provincial Councils ?
    DO you know what is 13A exactly ? Actualy I don’t know. What is it , as Tamils you get from this ? It is already there isn’t it ? Please expalin to me.

  9. mjaya Says:

    By abolishing the 13A we will
    * Save millions without worthless Provincial Councils
    * Have a single rightful national language – Sinhalese – the language of the people who built the civilization of Sri Lanka
    * No more ethnocentric bargaining

    So lets get rid of this excrement imposed by the monkeys of India.

  10. lingamAndy Says:

    Dham
    DO you know what is 13A exactly ?DO you know what is 13A exactly ? Yes

    What Tamil living in Sri lanka want same as Malayali have Kerala (Eg union state of India / United states of America / United Kingtom !
    We need United PC of Sri Lanka ! We do not want Separate country !!!

  11. Charles Says:

    Here goes, LingamAndy, Mudali and Dham

  12. LankaLover Says:

    Does anyone know what is the stance of the UNP on the 13th Amendment to Sri Lanka’s constitution?

  13. Marco Says:

    The Indian government has invited Sri Lankan Defence Secretary Gotabaya Rajapaksa to New Delhi for talks, ahead of next month’s session of the UN Human Rights Council (UNHRC) in Geneva, according to informed sources. The visit is expected to take place in the next few days because Sri Lanka’s case is to be taken by the UNHRC on November 1, under the Universal Periodic Review (UPR) scheme. India is in the three-nation panel which will oversee the review.

    Was it going to be a quiet word in his ear?It remains to be seen if GOSL can tip-toe around this delicate issue with India holding all the cards on the UPR

  14. mjaya Says:

    Lets chant this day and night where ever our leaders can see.

    ABOLISH 13A
    ABOLISH 13A
    ABOLISH 13A

    GET RID OF THE MONKEY-DONKEY AMENDMENT.

  15. Raj Sivanathan Says:

    Dr Sudath Gunasekara,

    It is a well written article.Would you please comment on “New model Sri Lanka” in points form. How it will benefit to all Sri Lankans.

  16. lingamAndy Says:

    Raj Sivanathan
    “New model Sri Lanka- New model what for ? Our Chinhala brotheris asking us what is the problm to solve !!!
    If any ???

  17. Christie Says:

    The government with its majority should remove the 13th amendment force on us by Indian Imperialists.

    We should ask for reinstatement of Sirima Shastri Pact that the ferry service between the two countries have been restated.

  18. M.S.MUDALI Says:

    This senior citizen of Kandy must know what happened to the Audit officer Lalith Ambanwela. Sinhala and Muslim criminals defrauded millions and this honest audit officer exposed the frauds in the Kandy Education Department.

    The prize: He was attacked with acid and he lost an eye sight as well.

    I think this SLAS fellow will tell the acid attack is also a product of the 13 and India!

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