Abolish the 13th Amendment and Communal Parties and bring in a Senate of Occupational Groups representing Professional,Business , Cultural, and Trade Union Interest Groups .
Posted on October 26th, 2012

Eksath Lanka Maha Sabha Dr Nath AmarakoneƒÆ’-¡ƒ”š‚  General Secretary – ƒÆ’-¡ƒ”š‚ ELMS.

Abolition of the 13th amendment, was a demand from the time this was instituted under duress by ƒÆ’-¡ƒ”š‚ India,. The SLFP opposed it declaring it a monster and a white elephant. The JVP organized an island wide campaign with black flags. The Sinhala patriotic movements considered it ƒÆ’-¡ƒ”š‚ a concession to Tamil communalists aimed ƒÆ’-¡ƒ”š‚ at separating ƒÆ’-¡ƒ”š‚ the North and the East from the rest of the country.

After ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 25 years of experimentation, there is no PC in the North of the country. The first PC in the North and East declared UDI and was dissolved since. . ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ The allocation of nearly Rs 130 billion of tax payers money on PCs is wasted on emoluments of PCƒÆ’-¡ƒ”š‚  staff, ƒÆ’-¡ƒ”š‚ who are duplicating the work of the Government Agents.

In the meantime, the TNA ƒÆ’-¡ƒ”š‚ as ƒÆ’-¡ƒ”š‚ the representative of the LTTE has taken over the demand for ƒÆ’-¡ƒ”š‚ a separate power base for the Tamils in the North and the East. They have demanded the withdrawal of the security forces from the North, dismantling ofƒÆ’-¡ƒ”š‚  military bases, and devolution of Police and Land powers. While over 150,000 ƒÆ’-¡ƒ”š‚ Muslims and SinhaleseƒÆ’-¡ƒ”š‚  displaced by Prabharana from the North over the thirty year periodƒÆ’-¡ƒ”š‚  remain unsettled, ƒÆ’-¡ƒ”š‚ Thesawalame sectarian land laws still ƒÆ’-¡ƒ”š‚ persist, the TNA is busy shuttling between India and Sri Lanka in their effort to carve out a Tamil ethnic state over one third of the land area of the country, forgetting that the Tamil population in the North and East is less than 4 % of the total population of the country, ƒÆ’-¡ƒ”š‚ and in league with the rump of the LTTE Diaspora ƒÆ’-¡ƒ”š‚ and neo colonialist backers of the LTTE,ƒÆ’-¡ƒ”š‚  demandingƒÆ’-¡ƒ”š‚  that the leaders of the country be brought to trial for defeating the LTTE.

Lately the Supreme Court by way of clarification of sharing of legislative powers between the PCs and the centre government,ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚ has interpreted that the approval ofƒÆ’-¡ƒ”š‚  PCs ƒÆ’-¡ƒ”š‚ is needed before any Bill pertaining to matters devolved to PCs is taken up in the Legislature . The Parliament is thereby relegated to ƒÆ’-¡ƒ”š‚ a secondary position as a legislature. What the LTTE could not win by way of terrorism ƒÆ’-¡ƒ”š‚ is now conceded by way of the 13th amendment interpretation.

Expecting this anomalous situation, ƒÆ’-¡ƒ”š‚ the ELMS, ƒÆ’-¡ƒ”š‚ in 2009,ƒÆ’-¡ƒ”š‚  has called for the amendment of the National Constitution to do away with PCs, and Communal Parties and to provide for an elected House of National Interests represented by non communal Political Parties and a Senate ofƒÆ’-¡ƒ”š‚  Occupational Groups ƒÆ’-¡ƒ”š‚ representing ƒÆ’-¡ƒ”š‚ Professional Interests, Business Interests ,ƒÆ’-¡ƒ”š‚  Trade Union Interests ƒÆ’-¡ƒ”š‚ and Cultural Interests ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ We welcome the call byƒÆ’-¡ƒ”š‚  Defense Secretary for the abolition of the 13th amendment.

Eksath Lanka Maha Sabha

12 Templars Road,

Mt Lavinia.

Tel 0718011664

Email cosmo@systec.lk

21 Responses to “Abolish the 13th Amendment and Communal Parties and bring in a Senate of Occupational Groups representing Professional,Business , Cultural, and Trade Union Interest Groups .”

  1. Susantha Wijesinghe Says:



  2. Kit Athul Says:

    Dr. Narth, you mentioned Gotabaya, but you forgot mention JAYATHA LIYANEGE, who filed a case against TNA in the suprem court. Your TNA tried various ways to make Jayanth withdraw this case. So was Swrna Hansaya Society, they got hundreds of dollars from Tamil Sangham in USA. One attorney told him to change a word in his filing, but Jayantha did not fall in to his trap. If did, this legal word ment, postpone case indefinitely. Even Dr. Gunadase Amerasekara told him to witdraw his case. Gotabaya, did a great job but he looked at the problem from 10 thousand feet. And spoke about his displeasure for the Chinese embassy to entertain the TNA. He also said the LTTE killed two Chinese national. Its time he came down to earth and spoke to Jayantha. Dr. Narth I am going to challenge you. I am a 73 year old man living in USA and cannot travel, so I am motivating and where possible challenging you to take a copy of what Jayantha has done and use the same forms to file a case against 13A. I will forward an e-mail generated by Mahinda Gunasekara in Canada where he clearly state that the 13A is out side of the SL constitution. I have sent you an e-mail please reply to it.One question I have is; what good is your Maha Sabha if you only talk, talk and write only. Get up and get some action going.

  3. aloy Says:

    Dr. Nath,
    I appreciate your organization’s call which has a patriotic flavour.
    I have known what you were doing untill I left the country in 1975; however I am surprised at Kit Athul’s statement “Your TNA tried various ways….”.
    The ministry of which you were the secretary in 1970s, destroyed a dynamic institution, State Engineering Corporation, by bringing in fossilized management systems (AR & FR) from PWD. The person responsible for setting up that institution was forced out and had to set up shop in Malaysia. My future too, was somehow affected because of that system. I hope your organization will not try those experiments if at all they are successful in their endeavours.

  4. Dham Says:

    The idea of a depoliticised Senate is good. But sending all provincial council hooligans home may not be easy unless they are given alternative positions, which means more unnecessary costs and more importantly more trouble they create such as more Paga taking and thuggery.
    It is impossible for Maharaja to do this. He can’t even stop the Kudu jokers Silvas.
    If he keeps PCs and additional Senate (which will be the case as I foresee) it will be a disaster.

    Looks like more difficult than war because there are no sacrificial lambs here.
    Maharaja’s war seems to be his political advantage only. He should be beaten at the next elections. No other way.
    Must find a candidate.
    How about
    1. Jayantha Liyanage
    2. Charles Perera
    3. Shenali Waduge
    4. Kithsiri Athulathmudali ( His uncle’s political activities created few idiots – so I have to name him down, sorry)

  5. Fran Diaz Says:

    We agree with Dr Amarakone’s (ELMS) idea for :

    “to provide for an elected House of National Interests represented by non communal Political Parties and a Senate of Occupational Groups representing Professional Interests, Business Interests , Trade Union Interests and Cultural Interests We welcome the call by Defense Secretary for the abolition of the 13th amendment”.

    ALL interested and concerned parties (organisations and individuals) ought to get together to rid the country of the 13-A.
    Join up the ENTIRE conglomerate of all interested ORGANISATIONS & INDIVIDUALS by a simple name such as, “SAVE LANKA”
    (“Lankawa Mudawamu”). All Minorities will benefit in the long run, and they all should participate in the new process too.

    TNA should not protest because under the ELMS idea, all Minorities in Sri Lanka will stand to benefit. A minuscule number of people will be without a ‘job’ with the 13-A gone, but 99.99% of Lanka will benefit. 99.99% must win.

    99.99% must win through ! Abolish the 13-A and make the structures of government work for all the People of Lanka.

  6. Ananda-USA Says:


    I know Dr. Nath Amerakone very well, so I am rather biased in his favor, and therefore will not wave his flag excessively here.

    However, your statement “The ministry of which you were the secretary in 1970s, destroyed a dynamic institution, State Engineering Corporation, by bringing in fossilized management systems (AR & FR) from PWD. The person responsible for setting up that institution was forced out and had to set up shop in Malaysia. ” seems to be rather extreme and unfair.

    When I was a young engineering graduate from Peradeniya looking for a fulfilling Govt job, the State Engineering Corporation (SEC) was the most exciting and innovative place I interviewed at. I was interviewed by Nath, who was the Head of SEC then, replacing Dr. A.N.S Kulasinghe, the founder of the SEC, who had recently retired. However, I didn’t get the job there, and two years later I had left for graduate studies in the USA on my own.

    The SEC then was bringing new technology to Sri Lanka, such as building bridges, buildings and dams with pre-cast post-stressed concrete beams and shells. That program, initiated by Dr. Kulasinghe, was continued by Nath whose PhD dissertation at Imperial College, London was on that topic. Perhaps more importantly, Nath Amerakone introduced Sri Lanka to Computerized Structural Design, bringing and installing at SEC the first Main-Frame computer used for practical engineering in Sri Lanka. He had the first batch of Sri Lankan engineers at the SEC, and in all of Sri Lanka, trained in computer aided structural design at the SEC. How I wanted to be a part of that effort, you cannot imagine!

    Nath Amerakone was, and is, a man of many talents, a great engineer, high-level manager, and also a politician. But above all he is an outstanding patriot … always looking to advance Sri Lanka in the direction of progress … with out-of-the-box thinking. He was recognized for his engineering accomplishments at the State Engineering Corporation, and because of his political talents, rare in engineers, scientists and medical doctors, he was tapped early by Dr. Pieter Keunemann for the post of Permanent Secretary of the Ministry of Industries. I think that was in the 2nd term of Sirimavo Bandaranaike’s SLFP Govt. About that time I left Sri Lanka for studies abroad … and lost familiarity with intra-Ministry events, but knowing Nath Amerakone, who always reaches out for the latest in everything, I very much doubt that he would bring in fossilized anything anywhere, much less to undermine the reputation of his own Ministry by destroying the SEC that he pushed towards greatness. I will now ask him about it.

  7. Dham Says:


    I too have some credible knowledge on these subjects. I too feel that attack on Naath’s charater is unwarrented.

    Both of you may be aware of what happened to the building itself. Lanka can be proud of that building, everthing was precast, not sure main post-tensioned beams were, but some of those beams lost stressing forces. What he called, “Kulasinghe System ” was very primitive. The statement “the person responsible for setting up that institution was forced out and had to set up shop in Malaysia” is not ture, he just worked for the company I worked, he was called “dangerous ” by the Chairman of the company when I met first ( by that time he was back in Sri Lanka).

    “Your TNA tried various ways….”. is a BAD statement from Kit Ayya.

  8. Kit Athul Says:

    Aloy, I am sorry for my commet. I just wanted to agitate him. Let me tell you His Brother in Law(Dr. Welapilli and his wife (Dr. Narth’s sister) are good friends of mine when I lived in UK. Until I came to US we always were talking about how to get rid of LTTE. My comment “Your LTTE” was to agtate Dr. Narth, and certainly not an insult.

  9. Kit Athul Says:

    Dham, thanks for the comments, but let me clear few things. Late Lalith Athulathmudali is my cousin and not my uncle. Lalith’s father was my father’s younger brother. I am 73 years old with a heart condition and cannot fly on a plan. I am a retired IBM Engineer and not a politician. As a Sinhala American what I love to do is to insult Hilary Clinton and Susan Rice. Yes I agree with you late Lalith made big mistakes and did not correct them until he got out of the UNP. This sanate Dr. Narth is talking about will be difficult to implement. My suggestion, after nullifying the 13A craete the Thun Rata Karamaya. It will also be difficult to implement but it is a practical solution.

  10. Kit Athul Says:

    Ananda-USA, perhaps, you too got offended for my comment to Dr. Narth “Your TNA”. This was to agitate Dr. Narth to do something, like filing a case similar to what Jayantha Liyanega did. For your infomantio, When I was living in UK I did socializse with Dr, Nath’s Brother-in-Law Dr. Wellapilli and his wife (Dr. Nath’s sister) We always discussed how to rid the North of LTTE domination.

  11. Dham Says:

    I liked , admired Lalith very much and still he is one of the politicians whinom I respect.
    I worked as a young engineer in Galle, meeting politicians (Dhanayake) sometimes and believed JR would turn our country around obviously voted him.
    A friend of mine, who got 4 F’s in AL exam ( did law later on) , was appointed Chairman of a government corporation by Lalith. This bugger is a No: 1 betrayer of our country currently and disgustingly praise of RW in public even now.

    Lalith, JR, Gamini had all the opportunities but corruption, political appointments did not stop. It is a similar situation now.

    One day I met Lalith in the lift lobby of ministry of defence when I was waiting for an interview , after I returned to Sri Lanka at my will as a competent qualified young person with overseas accomplishments. I was surprised by his humility.
    Premadasa era came and I had to leave again.

  12. M.S.MUDALI Says:

    Susantha or any other UNP hooligan politician needs “soththi Upali” to the central comitees to run Sri lanka. JRJ who was known as “Thottalanga Mahattaya” brought criminal politics and destroyed all the developed political norms of Sri Lanka. The LTTE and UNP joined in criminalizing Sri Lanka. Killing or muzzling Press is a product of the “Dharmishta” rule of JRJ and it continues. TNA and Ranil are now good allies.

    Dr. Nath’s history is very much colloborated with the traditional Lankan frauds and favoritism. So, his political comments are unfit anywhere.

  13. aloy Says:

    Dham, Ananda, Kit,
    If you read my above comment carefully you will see that I have not done any character assasination. I only stated the facts as to what happened due to the setup brought in by the ministry of which Dr. Nath was the Perm Sec. Until I saw Ananda’s comment I did not know he was also directly involved in running SEC.
    Before the new administration entered SEC in 1971, we were more occupied in technical things, solving one problen or another. We knew what was happening in each construction site from Mirissa Fisheries harbour to Valachchenai paper mills, as VHF and HF sets were installed in our offices. We could hear all the discussions going on. Dr. ANS was also listening to those converations from his car, called mobile one. Sometimes he used to cut in and give the solution. I have been in charge of two construction sites, one at Enderamulla and another at Pugoda from begining to completion. At times we often worked throuout the night and the following day also. However when it came to deciding whom to give a certain two year scholarship to Australia the new administration of which one ‘Silva’ from PWD was the head, they decided in favour of a tamil friend of mine from the designs office. Those in the designs office never worked after 4.30 pm. This action raised many an eye brow and I lost the chance of getting a post graduate degree. Under the new admin we were more occupied with writing letters and answering querries than technical work. Many senior engineers left SEC around 1976 and that was virtually the end of that dynamism.
    Dr. Nath was the head of R&D section before he became Perm Sec. The mainframe computer was mostly for preparing salaries and Central Bank work. I used it once to analyse a spiral stair case when I was in the designs office. I do not know of anyone else who used it during my time in designs office. As I said before in this forum we missed an opportunity to train our engineers in computer programming and enter into ICT world at that time. It was around that time the digital era was taking shape spear headed by organistions like AT&T( former Bell Labs of USA) and IBM. We had the talented people like Prof. Sam Karunaratne who had written a book on Fortan programming by that time. Why was those talents not made use of even on a minute scale?.
    We have come out of the long drawn out war and should be finding ways to make our nation great again. I do not think we should go on discussing useless 13A or Senates and waste any more time. We lag behind in the use of latest technological advances. We should not be depending on apperel exports, remittances from Korea or middle east. I am ashamed to see our youths trying hard to pass Korean language exams on TV. We are showing to whole world how economically backward we are. Our politicians proudly declare on TV how many quotas they have got for SL’s uneducated youths by competing with other backward countries. I hope GOSL get advice from eminentl technical people including Dr. Nath, how best to chart our destiny. I too have written to HE the President with the little experience I have gained while working overseas, how best he could get academics to contribute to it.
    BTW, Kit, DR.Nath’s brother in law was in my batch and was my room mate for two years in Akbar Hall, he was an anti imperialist revolutionary and got some police batton blows on the head. Perhaps due to that he is now an obedient servant of her Majesty. We are still in contact with each other.

  14. Ananda-USA Says:

    Kit Athul,

    I was puzzled by your use of “Your TNA …” with reference to Dr. Nath Amerakone.

    I can emphatically vouch for the fact that Nath Amerakone has NEVER HAD ANY DEALINGS WHATEVER WITH THE TNA, and has ALWAYS opposed the TNA and other separatist outfits in defence of Sri Lanka, unlike many other marginally “Sinhala” politicians who are a disgrace, selling out their Motherland for political gain.

    The ELMS is a constituent member party of the UPFA. It was a member of the UPF before that during the time of Chandrika Bandaranaike’s SLFP-dominated UPF government. One of his main criteria for supporting the governing party was that they pursue the war vigorously to defeat the terrorists.

    That being so, how can you DEPLOY such a TOTAL UNTRUTH, even in jest, or to give him the incentive to act more vigorously to get rid of the 13th Amendment?

    Do you think he is the kind of man who can be encouraged by a kick in the butt? Clearly you don’t know him.

  15. Ananda-USA Says:

    There is no Institution in Sri Lanka that is MORE CENTRAL TO REPEALING the 13th Amendment than the Buddhist clergy.

    Give us your HELP to break these FOREIGN IMPOSED CHAINS that binds our Motherland HAND & FOOT, threatens its integrity, and its survival as an UNDIVIDED SOVEREIGN Nation!

    Blessings of Buddhist clergy sought to abolish power devolution in Sri Lanka

    ColomboPage News Desk, Sri Lanka.

    Oct 29, Colombo: Sri Lanka Minister of Housing, Construction and Common Amenities Wimal Weerawansa met the Chief Prelates of Buddhist Siyam Nikaya today to seek blessings for the struggle led by him to abolish the 13th Amendment to the Constitution under which the Provincial Council system was introduced as a power devolution mechanism.

    The Minister has pointed out to the Chief Prelate of Asgiriya Chapter of Siyam Nikaya Ven. Udugama Buddharakkhitha Thero that the Provincial Council system has become a challenge to the Supreme Court as well.

    In response, Ven. Udugama Buddharakkhitha Thero has noted that the Provincial Council system was not suitable for the country and pointed out that there were objections to the Provincial Council system since its inception under the influence of India.

    Weerawansa’s party, National Freedom Front has sent letters to political parties including Sri Lanka Freedom Party (SLFP), major opposition United National Party (UNP), Marxist People’s Liberation Front (JVP), JVP splinter party Frontline Progressive Party, Jathika Hela Urumaya, Mahajana Eksath Peramuna and the left parties of the ruling alliance United People’s Freedom Alliance to rally to pressure the government to abolish the 13th Amendment to the Constitution.

    The Minister has earlier requested President Mahinda Rajapaksa to hold a referendum to repeal the Provincial Council system.

    The campaign in Sri Lanka to repeal the provincial council system brought into existence by the 13th Amendment is growing momentum as the major Tamil party, Tamil National Alliance, is refusing to participate in the Parliamentary Select Committee proposed by the government to devolve power.

    Sri Lanka’s Defence Secretary had publicly called for abolishing the Amendment after the major Tamil Party Tamil National Alliance claimed that India is keeping a close watch on the controversial Divi Neguma Bill since the government through the bill was attempting to take over powers devolved to the provincial councils under the 13th Amendment.

    However, the government has said that it has not taken a decision about the 13th Amendment to the Constitution.

  16. Marco Says:

    If one was appealing to the Institution of The Buddhist Clergy on Constitution and Judicial matters may i respectfully request the Buddhist Clergy to examine and advice on matters much more closer to home that affect all citizens
    Law and Order, Human values that were taught by Lord Buddha.
    Fortunately, the Buddhist Clergy have seen opportunist politicians play “such cards” time and time gain.
    13th Amendment is a “minefield” MR will have to tread very carefully having made so many pronouncement one now forgets exactly where he stands judging by latest statements.
    It has now dawned on the fact that the 13th cannot be repealed in Parliament with his 2/3rd majority.
    As one already suspected, various Bills and Amendments will be pushed through Parliament to soften the “13th” but on the sly give wider powers to the Executive which will come back to haunt the Lankan populace in the future.
    We do have short memories don’t we?

  17. Ananda-USA Says:

    UPR sessions: Over 90 countries speak positively on SL

    By Chamikara WEERASINGHE
    October 29, 2012

    Out of a total of 99 countries that will speak on Sri Lanka’s progress on human rights development at the United Nations Human Rights Commission’s Universal Periodic Review(UPR) sessions, more than 90 countries will speak positively on the county’s HR performance and achievements, External Affairs Ministry Secretary Karunathilaka Amunugama said yesterday.

    He said Sri Lanka will not announce any voluntary pledges to the UNHRC at the forthcoming UPR session that it cannot fulfill later and it will answer questions raised by other countries during the process as a sovereign nation.

    Meanwhile, most of the members of the Sri Lanka’s delegation to the UPR, have already left for Geneva to attend the next month’s UPR sessions. Plantation Industries Minister and Sri Lanka’s Special Presidential Envoy on Human Rights, Mahinda Samarasinghe,will lead Sri Lanka’s UPR delegation.

    The delegation comprise Ambassador and Permanent Representative of Sri Lanka to the UN in Geneva Ravinatha Aryasinghe, External Affairs Ministry(EAM) Monitoring MP Sajin Vaas Gunawardena, EAM’s UN division Multilateral Affairs Director Shashikala Premawardena, officials from ministries of Justice, Defense, Rehabilitation ministries and the Attorney General’s Department.

    Minister Samarasinghe has flown to Geneva for the sessions from New York after attending a UN meeting and having met the United Nations Secretary-General Ban Ki-moon at the UN headquarters in New Yew York, according to Amunugama. UPR sessions for Sri Lanka will begin on Thursday (November 01) 2012. The country’s human rights record will be reviewed during the sessions.

    Asked if Sri Lanka was confident to answer all the countries that are listed to ask questions at the UPR, EAM Secretary Amunugama said, Sri Lanka’s UPR delegation is confident to answer their questions and will answer them as time permits.

    “There will be 99 countries asking questions, there will be much less time to answer them all within the allocated time,” he explained. Asked if it was due to that the delegation might find some questions difficult to answer, he said, “there will be some questions that calls for long elaborate answers. However we attend the present UPR with a lot of confidence because we have fulfilled most of the country’s voluntary commitments to the UNHRC at the last UPR in 2008.”

    “One of them is the National Action Plan for the Protection and Promotion of Human Rights,” he said ” We will field questions that are raised against us as a sovereign nation and added that the questions will added.

    It has been reported in the foreign media that the United States, Canada, Mexico , Spain, Czech Republic and Spain had submitted questions to the Council regarding the situation of Sri Lanka not holding elections for the Northern Provincial Council , and its status on the Victim Protection Bill at the UPR.

    Amunugama said, President Mahinda Rajapaksa’s position is very clear on the matter of holding elections in the Northern Province next year. “Before one can hold an election, there is work to be done concerning civilians in the Northern Province to make conditions conducive for an election. There is the election register that has to be made to make the voters eligible for voting,” he said.

    “There are people who had newly settled in the Province after the war had ended. There are thousands of Muslim and Tamil citizens who have been living in other areas who are originally from the Northern Province for the last three decades. Their names have to be entered in electoral registers,”

    Besides , necessary infrastructure have to be established in the Province to hold an election, explained Amunugama.” Unless we can meet all this requirements , it will be unfair to hold an election in the Province.”

    “Commenting on the status of the Witness Protection Bill , he said these things will have to be done in keeping the the country’s legal system. We can very well explain our position on these matters to UN member countries if they are interested,”he said.

    According to reports from Geneva, Sri Lanka has been given an extended period of time at this year’s UPR. He said there will be 90 countries to speak positively on Sri Lanka’s achievements in the areas of resettlement and rehabilitation of IDPs and clearing of land mines among other things.

  18. Ananda-USA Says:

    GOOD QUESTION, Mr. Defence Secretary!

    NOT ONLY the Organi!zation of Professional Associations (OPA), BUT ALSO the VAST MAJORITY of Sri Lankan citizens want the FOREIGN IMPOSED 13th Amendment REPEALED totally, because it UNDERMINES Sri Lanka’s National Security and Sovereignty, and burdens the taxpayer with yet another UNNECESSARY BLOATED BUREAUCRACY. We are in danger of becoming a nation of ALL POLITICAL PARASITES and NO PRODUCTIVE WORKERS!

    Dr. Nath Amerakone is a Founding Member of the OPA, and was central to its creation. He is active in OPA activities, and strongly advocates OPA’s position on REPEALING the 13th Amendment and the Provincial Council System.

    Defence Secretary Gotabhaya Rajapaksa, YOU ARE NOT ALONE …. the VAST MAJORITY of Patriotic Sri Lankans SUPPORT you, and will STAND BY YOUR SIDE come hell or high water. Please continue to DEFEND Sri Lanka as you are DOING!

    GET RID of this BALL & CHAIN shackling the Motherland, NOW!

    Gotabhaya: OPA also wants 13-A abolished; Why flay only me?

    By Shamindra Ferdinando
    October 29, 2012

    Defence Secretary Gotabhaya Rajapaksa yesterday said that his call for the abolition of the 13th Amendment to the Constitution had extensive backing from many sections of society.

    Rajapaksa pointed out that Sri Lanka’s foremost outfit of professionals, the Organisation of Professional Organisations (OPA) had in May 2012 unanimously passed a resolution urging President Mahinda Rajapaksa to do away with the controversial 13th Amendment. The OPA’s call for the abolition of what was imposed on Sri Lanka way back in July 1987 coincided with the third anniversary of Sri Lanka’s war victory over terrorism.

    Noting that the SLFP-led ruling coalition, too, had recently reiterated its commitment to the 13th Amendment, the Defence Secretary said both proponents and opponents of that constitutional amendment should examine the OPA’s statement, which was largely ignored by the media. Assuring its fullest support to President Mahinda Rajapaksa’s efforts to settle the national issue, the OPA called for the abolition of the 13th Amendment.

    The Executive Council of the OPA declared that the 13th Amendment was an impediment to the post-war national reconciliation process and therefore it should be done away with.

    The OPA came out strongly against devolution on the basis of the 13th Amendment in the wake of a section of the international community pressuring Sri Lanka to implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC).

    The OPA cited five specific reasons for the abolition of the 13th Amendment. The President of the OPA, Architect L.T. Kiringoda alleged that it had been drafted in India even without the knowledge of Sri Lankan Parliament foisted on this country. The brainchild of the then Indian government influenced by the LTTE, the 13th Amendment had brought about political instability, the OPA President said.

    The Defence Secretary urged all those issuing statements supporting the 13 Amendment to re-examine the issue without being guided by external factors. They could easily initiate a dialogue with the OPA without further delay. The Defence Secretary said that he hadn’t come across any statement critical of the OPA statement, which was given front-page coverage of the May 12 issue of The Island.

    Rajapaksa urged all political parties to make a realistic assessment of the situation without being guided by various domestic and external factors. Asked whether his move had been prompted by some interested parties moving the court against Divineguma Bill, the Defence Secretary said that the legal wrangle had helped realise the ground situation. There should be a centralised mechanism to handle some important issues, the Defence Secretary stressed. “How could provincial level administration interfere with national level planning?”

  19. Vijendra Says:

    Ananda, if I am not mistaken, Nath was the founder President of the OPA, and it was under his Presidency that the various professionals of the country got together to form the OPA.

    “Defence Secretary Gotabhaya Rajapaksa, YOU ARE NOT ALONE …. the VAST MAJORITY of Patriotic Sri Lankans SUPPORT you, and will STAND BY YOUR SIDE come hell or high water. Please continue to DEFEND Sri Lanka as you are DOING!”

    I would go one step further and say that all Sri Lankan patriots, irrespective of their ethnic origins, are with you as they want a united country. They understand the negative implications of the 13A and want it repealed ASAP as they really want to see a united and prosperous Sri Lanka.

    May I also add, that on the flip side, if this government, with its 2/3 majority does not take action at a crucial time like this to consolidate the victory over terrorism achieved 3 years ago at great cost, this government can surely kiss good buy to any hope of coming back to power again anytime soon!

  20. Ananda-USA Says:


    Thank you for the additional input:

    INDEED, “Nath was the founder President of the OPA, and it was under his Presidency that the various professionals of the country got together to form the OPA.”

    You are again correct: If this GOSL with a 2/3 majority does not get rid of the 13th Amendment, the PEOPLE will hold them responsible, come next elections, by voting for other parties that will espouse it, but are less able to unify the people around a single standard.

    POWER will then become FRAGMENTED as in the past, with the majority of votes divided almost equally between the UNP and the SLFP. That FRAGMENTATION OF POWER allowed Minority Parties (read TNA and SLMC, now) to act as KINGMAKERS, paralyzing Governments and PREVENTING them from acting decisively in the National Interest.

    Do we want to go back to the bad old dats of Government Paralysis? NO!

  21. Ananda-USA Says:

    The fact that the Chief Justice delivered the Decision on the DiviNaguma Bill to the Secretary General of the Parliament instead of the Speaker seems, at face value, to be a minor, remediable, technicality.

    The REAL ISSUE here seems to be the RULING of the Supreme Court (SC), under the Chief Justice’s leadership, that the NATIONL DiviNaguma Bill, which cuts across Provincial boundaries, is UNCONSTITUTIONAL.

    The Chief Justice seems to be BLIND to the fact that the 13th Amendment which created the Provincial Council System, and which forms the basis of the SC decision on the DiviNaguma Bill, is itself UNCONSTITUTIONAL!

    The 13th Amendment was ILLEGALLY imposed upon Sri Lanka by India, ignoring VOCIFEROUS PROTESTS from the majority community, and most citizens, of Sri Lanka, under the THREAT of Permanent Military Occupation of Sri Lanka by Indian Forces.

    If the Chief Justice cannot find the LEGAL PRECEDENT for delivering a Judgment that QUESTIONS the LEGALITY of the 13th Amendment itself, she DOES NOT BELONG in her position as the Chief Justice of the Supreme Court, for she lacks either the necessary JUDICIAL KNOWLEDGE to DISCOVER those PRECEDENTS, and/or the necessary personal commitment to preserving the Integrity and Sovereignty of Sri Lanka.

    In my own comments at LankaWeb.com and the SriLankaDefenceForum.blogspot.com , I have identified many International Legal Precedents (for example, the infamous Munich Agreement that was abrogated by Czechoslovakia after the defeat of Nazi Germany) that can be used for that purpose.

    Therefore, let this MYOPIC & USELESS judge be removed from the Supreme Court, using any and all evidence that exists of her unsuitability for her position on the Supreme Court, for she has failed her FOREMOST DUTY to Defend & Protect Sri Lanka.

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