Why Sri Lanka’s Government should not give Land and Police powers to PCs
Posted on June 15th, 2013
Shenali D Waduge
LetƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s get some facts straightened out. The 13th amendment to Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Constitution alongside the Provincial Council system were all offshoots of the 1987 Indo-Lanka Peace Accord which Sri Lanka had to sign under duress or face Indian invasion. Thus, neither the Accord, the 13th amendment or the PC system were anything the Sri Lankan people asked for and every letter in the documents were drafted in Delhi ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the people have said and continue to say we do not want the 13tha or the PC system ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” therefore the GOSL must remove it forthwith. To add insult to injury India was simultaneously training, arming and financially supporting Sri Lankan Tamil militants while also contriving to force legislative changes to annex Sri Lanka to India in the event of things going out of control. And India has the audacity to think we would call its Government a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-friendƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. While pro-13a supporters are paranoid that India would invade us if Sri Lanka does not implement the 13a, the rest of the country are paranoid about not only India but other hostile nations taking over Sri Lanka if 13a is implemented. Our decision has to be based on NATIONAL SECURITY and the SECURITY OF THE SRI LANKAN POPULACE.
The President and the Government of Sri Lanka may well like to think of the following scenarios based on the premise that
a)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ LTTE ran a terrorist group for 3 decades to carve out a separate land area under LTTE flag called Tamil Eelaam ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” its supporters were many including locals and international players each with their own agenda plugged into LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s just for a free ride.
b)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ TNA the supposed elected representatives of the Tamil people declares the LTTE the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-sole representative of the Tamil peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” thereby equating all that the Tamils want to be all that the LTTE/TNA wanted and vice versa.
c)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ TULF too advocated separatism otherwise is there any reason for the 16 MPs to resign when it was the biggest opposition group in 1983 simply because they did not want to take an oath of allegiance in Parliament that they would not separate the country and the country would remain unitary? TULF MPs refused to take the oath of allegiance when JR Government introduced the 6th amendment to the Constitution on 5 August 1983. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-No person shall directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ (Para 1) Anandasangaree was one of the TULF MPs who refused to take the oath and was barred from practicing as a lawyer.
d)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ TNA is and has been a group of politicians eternally running to either Tamil Nadu, Delhi or the West to be instructed on what to do and say. Brain-dead or brain imported is what is probably a better assessment.
e)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ No Province needs Police or Land powers to develop the province. Giving police power to a political party and politicians that declared the LTTE represented the Tamil people is like giving the north to the fox!
f)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ So when TNA, the LTTE proxy in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Parliament (and there are sufficient foreign documents that describe TNA as the mouthpiece of the LTTE) demands police and land powers ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” we have always on our mind the golden words ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-LTTE are the sole representative of the Tamil peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ claimed by TNA. If LTTE wanted to run a separate country under LTTE flag are we stupid to hold elections and give land and police powers which equals to mean exactly what LTTE was fighting for? Would this not be a slap on the face of the Sri Lankan military and even the Defense Secretary who planned a meticulous end to a 30 year conflict within just 3 years?
If GOSL were to give land and police powers to the North and East provinces the likely scenarios:
- TNA wins Northern election ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” that is a foregone conclusion even if TNA does not do any campaigning. That pretty much speaks volumes of the way the Tamil people think, but whats the point in debating this any further. But that hasnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t stopped development or the manner the GOSL has fallen into debt to rebuild a North that the LTTE purposely destroyed. Maybe that too the Tamil people have forgotten. We canƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t force people to accept ground realities.
- When TNA says the LTTE is the sole representative of the Tamil community and a handful of that Tamil community continues to feel empathetic towards both the TNA and the LTTE we cannot help if this group becomes the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Tamil minorityƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ who feel ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-cheatedƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. So letƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s talk numbers. How many amongst this Tamil minority ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-minorityƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ are we exactly talking about who feel upset the LTTE is no more. Just to make them happy and those that supported them happy, a country of 20million are not ready to sacrifice their lives nor the country. So lets get that straightened out too.
- If land powers means that the provincial government is able sell, transfer, mortgage, donate and acquire land in the province ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” would this not mean that the Central Government has absolutely no control or eventually ends up having to dissolve the provincial council but at what cost would it be if the TNA invites India or USA to set up bases in the North in particular the East since Trincomalee Harbor is the prize catch everyone is after. Would that not mean an unnecessary military engagement that will result in the loss of our citizens? Is it not for this reason that there are strong calls for the military to be removed from the NorthƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ because once out of the North the Sri Lankan military will not be able to enter if the North province falls into the hands of the separatist promoters. Mr. N.Q. Dias, CCS (civil servant) then Permanent Secretary to the Ministry of Defense & External Affairs under Sirimavo Government knew exactly the importance of placing the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s armed forces at strategic points well ahead of any calamity ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the present Defense Secretary, Mr. Gotabaya Rajapakse knows this too.
- What does the GOSL have to say to its people when the Tamil people can own land, put up property, run business etc in provinces outside of the North and East whilst if the North falls under the TNA and they prohibit Sinhalese from even travelling to the North?
- What would the GOSL do if the TNA denies entry to Central Government parliamentarians or refuses to allow security profile of these parliamentarians to enter the North without their weapons claiming the Northern police will provide security?
- What would the GOSL do if scores of Tamil Nadu illegal immigrants begin to flood the North as they have already been doing which necessitates that we conduct an immediate DNA of all Tamil citizens to ensure they are Sri Lankan. Would this not change the entire demography of Sri Lanka in time to come?
- Giving police powers may entail Indian police running Sri Lanka on a worse case scenario ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” simply holding the ability to dissolve the province will not suffice once foreign elements have already put their foot on Sri Lankan soil. We cannot lose our military personnel any more than we have already. Have the Tamils in particular forgotten the crimes the Indian Peace Keeping Force committed to their own Tamil people which was why LTTE declared war on the Indian peace keepers and LTTE did not want to have anything to do with 13th amendment ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” maybe the Tamils have forgotten this too. The almost faceless former LTTE female fighter recently featured in the film documentary got herself recruited to the LTTE because her parents were killed by the IPKF – ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Neither the army nor the government has valid reasons to save my life. Yet they struggled for six months to give me life and resurrect me from the dead. Contrary to the many allegations directed toward the army accusing them of theft and massacre, I am a good example of their kindness and love. I had lost my ring finger during the battle and you would not believe that the army soldiers who had found me had preserved my wedding ring on my lost finger and returned it to me after I regained consciousness,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ she said with immense gratitude toward her rescuers. http://www.defence.lk/new.asp?fname=From_Sheer_Hatred_To_StarkReality_20130524_06
- What would the GOSL do if the TNA allows all Tamil Nadu businesses to run in Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s North or allows the West to set up whatever they like that would strengthen their strategic interests in Asia undermining that of China and Russia as well as Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s own national security?
- What lessons do we have to learn from the West anyways ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Iraq: was a lie, civilians died, infrastructure was destroyed, fighting continues ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” no peace. Afghanistan: Taliban remains, drug manufacture trebles, US pipeline almost complete, scores of Afghans suffer. Egypt: false flag, now liberal Egypt is under fundamentalists, Kosovo: divided on ethnic lines ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” people have to now resort to prostitution to survive, Haiti ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” another failure and people are just suffering, Libya: to get rid of one man an entire country was bombed and ruined, Syria: is teaching more than a few lessons to the US and allies. When none of these Governments or their leaders will ever stand trial for crimes against humanity and war crimes that led to the colossal damage to property and life what good is a world court? When these nations are spying on the privacy of the people, using these data for their own benefit and they preach to us about human rights and freedoms! When their local stooges carry placards eternally claiming the West has all the solutions we can but ask whether the crimes that the West did in Iraq, Afghanistan, Libya, Vietnam, Kosovo, HaitiƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ are what they want the rest of the world to replicate as well?
- Simply deleting the provision in the 13th amendment that gives power to the President to merge 2 provinces will simply not do. Merger of NE in 1987 was eventually de-merged by the Sri Lankan Supreme Court in 2006 following a FR petition by the JVP. The MPs opposed to amending the constitution to remove the land and police powers need to explain to their voters on what basis they are making their conclusions given that the majority of them do not come from Northern vote base. Sadly most MPs change their policy when they know their perks and privileges are at risk! Its good for them to know and for the voters to know that and mark these MPs who oppose what is best for the nation.
- Provincial Councils are nothing but a waste ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” it must be replaced with something more suitable like the District Council system.
Would the 19th amendment be sufficient for the Government to hide behind given the worst case scenarios that are likely to arise? It is knowing oneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s enemy that the correct decisions must be made. Why would the Government wish to flirt with danger now that the momentum has been made to completely repeal the 13th amendment altogether or at best ensure that it is completely toothless? Halfway solutions will only land the Government in trouble and put the country and its armed forces in a vulnerable situation. We do not wish to lose any more military lives and subject the citizens of Sri Lanka to another 30 years of conflict because decisions that could be taken were not taken. This is not a time to be doing deals ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the national security of the nation and its people must come first for a change.
This is something the Government needs to be alert to at all times.
June 15th, 2013 at 11:58 am
Thanks Shenali for pointing out the many perils of the 13A for the nth time. Well, as a journalist you have done your duty but, as they say, there are ‘none so blind than those who refuse to see’ – May be the majority Sinhalayas have a death-wish or they are brain dead already!! – S de Silva – London
June 15th, 2013 at 3:59 pm
13 amendment IN FULL MUST GO.
Leave parts of this CANCER and it will grow again.
June 15th, 2013 at 6:27 pm
another massacre is inevitable if 13a is not repealed. a period of instability will again arise, the leader is in a quagmire, totally lost, totally incapable of handling the situation – why? losing votes means losing power – losing power means the fear of survival and the very existence.
June 15th, 2013 at 6:31 pm
As S de S says, Shenali has been articulating the PERILS OF THE 13TH AMMENDMENT for the nth time. YES, it is true.
It is time that the Primary Care Physicians in Parliament admit that they have failed to cure the Cancerous 13th amendment patient. It is time to hand over the problem to the beautiful people of Sri Lanka, to decide at a REFERENDUM, for IMMEDIATE SURGERY. Sri Lankans will sure anesthetize the ill patent, so that it will be a painless, operation. Surgical mis-adventure is a probability.
DEAR PRESIDENT, SRI LANKANS WANT TO SAVE YOUR LIFE, AND THEIR LIVES, literally and metaphorically.
FEAR NOT THE ~~ BEEEEG DELIGATION THAT LEFT FOR ENDIA TO SELL THEIR MOTHER. ENDIA SOBS.
June 16th, 2013 at 4:17 am
Govt. has 165 seats.
But these 24 clowns will NOT support changing 13 amendment.
Jeyaratnam, Sri Ranga
Ganesan, Praba
Digambaran, Palani
Ali, Hasen
Aslam, M. S. M.
Dawood, Basheer Segu
Faizal, Cassim
Hakeem, Rauff
Harees, H. M. M.
Mashoor, Noordeen
Thowfeek, M. S.
Gajadeera, Chandrasiri
Gunasekera, D. E. W.
Radhakrishnan, Velusami
Rajadore, Perumal
Sivalingam, Muthu
Thondaman, Arumugan
Nanayakkara, Vasudeva
Alantine, Silvestri
Chandrakumar, Murugesu
Devananda, Douglas
Padmasiri, Y. G.
Vitharana, Tissa
Farook, Muthali Bawa
That brings the govt. total down to 141.
9 seats shy of 150 (two thirds).
DNA has 8 seats. If those jokers can be taken onboard with another one either from the 24 clowns above or from the UNP, then it is a done deal.
DNA will not support it.
So the govt. FAILS to get two thirds.
Only ONE way out – REFERENDUM.
If a referendum is held 70% will vote to SCRAP 13 amendment.
June 16th, 2013 at 5:48 am
We wiped out the Indian terrorist outfit, time to get rid of a political system imposed by India.
June 16th, 2013 at 11:10 am
Thank you, Shenali…as usual you have outlined the facts clearly. It is upto the politicians NOW to save what is left of our country.
We all know & regret as Sinhalese, voting on TWO party systems & fighting among ourselves, WHILE Tamils never WENT against their race. May be some few educated Tamils will vote with us or agree with us, by publishing few articles & that too in a polite way pandering to tamil electorate.
What happened, happend due to our own neglect, careless, attitude. BUT NOW is not the time to repent, must act as a United Family ofcourse most Sinhalese & tamils who like to be Sri Lankan in TRUE SENSE & Burghers & Malays who can support our ideology.
Allowing Tamils to have Political parties, which aimed at Seperation & division, SHOULD have been banned long time ago. Even NOW it is NOT too late to do so. SPEAK IN PLAIN LANGUAGE TAMILS UNDERSTAND, 4-5% OF TAMILS LIVE IN LANKA NOW. SO IF THESE PEOPLE CAN EMIGRATE TO FRANCE, GERMANY, SWEDEN OR ANY OTHER NON ENGLISH SPEAKING COUNTRY……..THEY HAVE TO LEARN THAT LANGUAGE OF COUNTRY, THEY ARE EMIGRATING TO.
WHY IS OUR TAMILS CANNOT UNDERSTAND THAT??…….IF YOU WANT TO BE A LANKAN CITIZEN & MAINTAIN LANKAN CITIZENSHIP LEARN SINHALESE.(not Tamil), AND BE QUIET, LIKE NICE SCHOOL BOYS & GIRLS.
That message is not given to them, if laws are there to protect Lankan sovereignity, and person who praeches seperation, division & asking for MORE POWERS, THEN go to a country, where they can have their own way.
This is the very reason that they do not want to abide by our laws. If INDIA gives them what they want GO TO INDIA, they cannot stay in Lanka. ..NOBODY wants to say these words or act on the best interest of the country, of being called a racist.
When even cabinet ministers of the present Govt. are disobeying, threatening the party they are getting a pay cheque from, it is time for our President be firm & act.
As Shenali said, double talking politicians when the VOTING begins, our people will know who they are going to VOTE against.
They will vote according to how they betrayed the Sinhala Nation, for immediate benefits offered by India or other countries whose aim is to de-stabliaze sri Lanka.
Thank you all again & Shenali for bringing some clarity to this divisive 13 Amendment. …..~ J
June 16th, 2013 at 1:01 pm
Just a few more words to remind us all, if need be:…. This situation has arisen mainly due to the power hungry nature of the non-statesman type selfish politicians at the expense of the Nation. The attitude of ‘Do anything, say anything’ to pander to the minorities for their votes at the expense of the National interest is at the bottom of all this. Sadly that is exactly what Ranil & Co are doing right now! – S de Silva – London
June 17th, 2013 at 11:42 am
“If we knew then what we know now we would have destroyed the Jaffna Tamil Kingdom and given them the boot centuries ago and we would have plucked our own tea leaves” The problem of Sri Lanka is the presence of the Tamils. As long as they continue to live in Sri Lanka the possibility of dividing the nation remains and the Indian interference will continue. The whole issue of the 13th amendment is due to placating the Tamils. Without their presence there would be no need for the 13th amendment. Tamils continue to call Sri Lanka their homeland. That is a fallacy for any ethnic group has only one homeland and not a multitude of them The basic definition of a homeland is where one’s culture was developed, and their ancestry is found. Tamils anywhere in the world speak Tamil which was developed in Tamil Nadu and not in Sri Lanka. Their language, religion, customs, to food were all started in Tamil Nadu. The SL Tamils continue to treat Tamil Nadu as their “mother land” and yet claim Sri Lanka as their “homeland”. I wish other ethnic groups have such a choice. As for the Singhalese the language was developed in Sri Lanka, Singhalese converted to Buddhism in Sri Lanka and Singhalese traditions and customs are unique to Sri Lanka. In that sense Tamils should go back to their mother land of Tamil Nadu or find a new “homeland” in another nation.
June 17th, 2013 at 2:25 pm
Patriots are caught between the DEVIL and the DEEP BLUE SEA:
1. The DEVIL: If the JHU stays in the GOSL …. NPC elections may go ahead without the 13A being REPEALED or SIGNIFICANTLY modified to protect the Nation.
2. THE DEEP BLUE SEA: If the JHU withdraws from the GOSL, the SLMC and other Anti-National Elements now straddling the fence within the UPFA may withdraw too, if that would BRING DOWN the UPFA GOSL. That would be disastrous and lead to the UNP cheered on by its Anti-National allies taking over the GOSL, and IMMEDIATELY GIFTING the Northern and Eastern Provinces to the Eelamists!
I am PUZZLED why our Patriotic President has STILL NOT DONE THE RIGHT THING and called for a simple UP or DOWN vote in a NATIONWIDE REFERENDUM to REPEAL the 13th Amendment. That seems to be the most OBVIOUS & SAFEST route to take.
Does he have DEMOGRAPHIC DATA that shows beyond reasonable doubt that such a NATIONWIDE REFERENDUM to REPEAL the 13th Amendment may LOSE? I VERY MUCH DOUBT THAT WOULD HAPPEN!
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Coalition party of Sri Lankan government warns of outcome of Northern PC election
ColomboPage News Desk, Sri Lanka.
June 17, Colombo: The Sinhala Buddhist coalition party of the Sri Lankan government Jathika Hela Urumaya (JHU) today warned of a possible outcome detrimental to the country’s unity from the Northern Provincial Council election.
Layman leader of JHU, Minister Patali Champika Ranawaka said that all who were loyal to the 13th Amendment to the Constitution would be answerable to the situation that might arise in case the Northern Provincial Council election is held without amending the Constitution.
Addressing a press conference, he said that the Tamil separatists might use this election as a referendum for their cause.
Ranawaka focused his argument on police and land powers vested in the Provincial Councils.
However, he declined to comment the actions the JHU would take if the Northern Provincial Council election is held without amending the Constitution.
When a journalist inquired if the JHU would withdraw the support to the government, Minister Ranawaka said in a subdued tone that political context could change at any moment.
Meanwhile, the Western Provincial Council JHU Minister Udaya Gammanpila challenged Minister Rajitha Senaratne for a debate in regard of the police and land powers of Provincial Councils. He said that he would prove the danger of granting land and police powers to the Provincial Councils.
June 18th, 2013 at 1:32 pm
A Petition to STRIP LAND & POLICE POWERS from the PCS is GOOD, but a Petition to STRIP the 13th Amendment from Sri Lanka’s Constitution is ESSENTIAL & MUCH BETTER!
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Petition with million signatures to strip land and police powers to PCs handed over to Sri Lankan President
ColomboPage News Desk, Sri Lanka.
June 18, Colombo: A petition with signatures of million people against holding the Northern Provincial Council election without amending the land and police powers was handed over to the Sri Lankan President today.
The National Freedom Front led by Minister Wimal Weerawansa earlier this month launched an island wide campaign to collect million signatures against vesting land and police powers to the provincial councils under the 13th Amendment to the Constitution.
The campaign began in Anuradhapura on June 6th and traversed the country collecting signatures.
Minister Wimal Weerawansa, Deputy Minister Weerakumara Dissanayake, Politburo Member Piyasiri Wijenayake and other members of the NFF were present at the occasion.
(Photos by Sudath Silva)
June 18th, 2013 at 1:51 pm
PATRIOTS! …. HERE it is …..JHU’s PETITION to REPEAL the 13th Amendment!
Jayawewa!
Ratna Deepa, Janma Bhumi
Lanka Deepa, Vijaya Bhumi
Mey Apey, Udaarawu
Maathru Bhumi-yayi
Maathru Bhumi-yayi …….
Aadi Sinhaley Aey Weera Meemathun Layin
Saarawu, Udaarawu
Maathru Bhumi-yayi
Maathru Bhumi-yayi …….
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Sri Lanka Buddhist party reveals its constitutional amendment
ColomboPage News Desk, Sri Lanka.
May 22, Colombo: Sri Lanka’s Sinhala Buddhist political party Jathika Hela Urumaya (JHU) Wednesday revealed the 19th Amendment to the Constitution proposed by them.
Legal adviser of JHU Udaya Gammanpila, Member of Western Provincial Council, briefed the content of the proposition today at a press conference held in Colombo.
JHU Gampaha district MP Ven. Athuraliye Rathana Thero said the party expects to bring in the proposal to the parliament as a private member’s motion.
Full Text of the Amendment:
The proposition named as An Act to amend the Constitution of the Democratic Socialist Republic of Sri Lanka aims primarily to repeal the 13th amendment to the constitution which paved way for the power devolving Provincial Council system in the island.
Full text of the draft constitutional amendment is as follows: Whereas the 13th Amendment to the Constitution was purportedly enacted, consequent to the Indo- Sri Lanka Accord being entered into between the President of Sri Lanka and the Prime Minister of India in 1987 under duress in defiance of the sovereignty of the people of Sri Lanka and,
Whereas the Supreme Court of the Democratic Socialist Republic of Sri Lanka did not approve the provisions of the 13th amendment Bill as being consistent with the Constitution in as much as only four judges of the Supreme Court out of nine held that the approval of the people at a referendum was not required to enact the 13th Amendment whilst five judges held that at least one or more of the provisions of the Bill was in violation of the Constitution and therefore required the approval of the people at a referendum and,
Whereas in terms of Article 80(2) of the Constitution “where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the people at a referendum” such bill or such provision shall become law only upon the same being approved by the people at a referendum and the President certifies that the Bill or any Provision thereof has been so approved in the manner as set out in the said Article.
Whereas the majority of the Judges that constituted the bench of the Supreme Court had determined that the Bill or any one or more of the provisions thereof requires the approval of the people at a referendum, such Bill can become law only if complied with Article 80(2) upon being approved by the people at a referendum and therefore the purported certificate of the Speaker endorsed on the Bill purportedly under Articles 79 and 80(1) of the Constitution is invalid and unconstitutional and,
Whereas the Supreme Court has determined that any Bill or any Provision thereof requires the approval at a referendum the only cause of action available under the law is to comply with the process set out in Article 80(2) and the purported Amendment made to Clause 154G(2)(b) and 154G(3)(b) of the 13th Amendment Bill in Parliament without a further determination by the Supreme Court is unconstitutional and unlawful and,
Whereas the 13th Amendment in Article 154A(3) provides for the establishment of one administrative unit for two or more Provinces, to accommodate the unlawful undertaking given by the then President of Sri Lanka in the Indo-Sri Lanka Accord to establish one administrative unit for the Northern and Eastern Provinces of Sri Lanka on the erroneous and false basis that the Northern and Eastern Provinces form part of the homeland of one single ethnic and /or linguistic community as claimed by the separatist forces and,
Whereas the 13th Amendment has sought to abdicate the legislative power vested in Parliament and the Executive power vested in the President by the division of governmental power and restricted the Parliament and the President respectively exercising the legislative and executive power of the people and thereby offended the unitary character of the State, Whereas the 13th Amendment has vested inter alia police powers (including powers in relation to maintenance of public order) in Provincial Councils which was hitherto exercise by the Government of Sri Lanka, which will be a serious threat to national security concerns of the Republic in as much as, ,
(a) the 13th Amendment provides for the Chief Minister of a Province to directly control the Head of the Provincial Police Force and thereby all Police Officers of the said Force and even national police units operating in any province. (vide Item 11 of the Appendix of List 1 of the 9th Schedule) thereby effectively taking away the powers of the Inspector General of Police and the Government of Sri Lanka exercising any authority over such police force, ,
(b) the 13th Amendment entrusts the responsibility of prevention, detection, investigation of all offences (except the offences specified in the Schedule therein) and institution of prosecutions (subject to the powers of the Attorney General) to Provincial Councils and to enact any law on any such matter and further empower any Provincial Council to prevent any Police Officers of another Province entering such Province (vide the limitations contained in sub paragraph (k) of the 2nd item of List II of the 9th Schedule) and thereby jeopardizing the management of law and order and the national security of the Republic.
(c) the 13th Amendment even restricts police officers of the national police force from being in uniform compelling them to be in plain clothes even when performing the limited responsibilities allowed within a province such as when engaging in prevention, detection and investigation of a scheduled offence (vide Item 10:1 read with 12:1 of the relevant Appendix of the 9th Schedule).
Whereas the 13th Amendment, though based on the Constitutional structure of India, denies the Government of Sri Lanka to intervene in the event of a Province acting against the interests of the Republic, although the Central government of India is empowered to intervene in similar situations. (Vide Article 256 and 257 of the Constitution of India).
Whereas the power of the Government of Sri Lanka to give directions with regard to the manner of exercising executive power by a Province is restricted to a situation where the maintenance of essential supplies and services is threatened or that the security of Sri Lanka is threatened by war or external aggression or armed rebellion (vide Article 154J and 154K) no such limitation is placed under the Constitution on the Government of India and,
Whereas the 13th Amendment seeks to weaken the Government of Sri Lanka whilst strengthening the Provincial Councils and thereby destroying the unitary character of the State, territorial integrity of Sri Lanka and the sovereignty of its people and,
Whereas Sri Lanka is a Free, sovereign, independent and unitary State and it is the duty of the State to safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka and the provisions of the 13th Amendment are a threat to the independence, sovereignty, unity and the territorial integrity of Sri Lanka.
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:- 1. This Act may be cited as the Nineteenth Amendment to the Constitution. 2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the “Constitution”) is hereby amended by the repeal of ; ,
(a) Chapter XVIIA
(b) Article 155(3A)
(c) Ninth Schedule
3. Article 170 of the Constitution is hereby amended by the substitution, in the definition of “written law” for the words “and includes statutes made by Provincial Councils, orders” of the words “and include orders”.
4. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
June 18th, 2013 at 2:25 pm
Sri Lanka nationalist party introduces bill to abolish PC system
Tue, Jun 18, 2013, 08:46 pm SL Time, ColomboPage News Desk, Sri Lanka.
June 18, Colombo: An ally of Sri Lanka’s governing party, the Jathika Hela Urumaya (JHU) today introduced a bill to abolish the provincial council system enacted by the 13th Amendment to the Constitution in 1987.
JHU leader and Gampaha district parliamentarian, Ven. Athuraliye Rathana Thero was granted leave to introduce the Bill, entitled “Bill to amend the Constitution of the Democratic Socialist Republic of Sri Lanka”
The JHU motion aims primarily to repeal the 13th Amendment to the Constitution which paved way for the power devolving Provincial Council system in the island.
June 18th, 2013 at 3:46 pm
Shenali,
Thank you for researching and identifying the abuses and crimes committed by individual Provincial Council officials in recent years.
That is the TIP OF THE VAST ICEBERG of waste, abuse, corruption and criminality that extends deep below the surface. They are INDICATIVE of the CULTURE OF IMPUNITY that has taken hold of the Provincial Councils and the CONTEMPT that they have for their CAPTIVE PEOPLE they are supposed to CARE FOR and PROTECT.
The MOST IMPORTANT reasons for DISSOLVING the Provincials Councils are:
1. They represent an UNNECESSARY LAYER OF GOVERNMENT BUREAUCRACY that burdens the people with BUREAUCRATIC red tape and ECONOMIC costs. They create ADDITIONAL bureaucratic barriers to common people trying to get the simplest things done, and increase costs by levying nuisance fees that are used to sustain the bureaucracy. The unending GREED of the PC staff requires ever increasing taxes to be imposed, and ever increasing bribes to be paid. They SIPHON-OFF funds from the National Government allocated to providing services and improving infrastructure to maintain that bloated staff. IN EFFECT, the Provincial Councils now represent a pack of WOLVES legally sanctioned to live off the hapless citizen SHEEP. We need LESS of this type of government; not MORE.
2. The Provincial Councils create centers of power supported by communities who can be manipulated into supporting anti-national activities. It DILUTES the power of the National Government and creates BARRIERS to ACTION by the National Government to DEFEND and PROTECT the Nation and its People.
An EXAMPLE of this is the FAILURE of State governments in India to protect the people from Naxalite terrorist attacks. Partly it happens because they lack the RESOURCES, partly it is because the terrorists come from safe haven in adjoining states over which the targeted states have NO JURISDICTION, and in part because the State Government Officials are in the pay of the Naxalites and COLLABORATE with the terrorists instead of protecting the innocent citizens.
IN yet another recent EXAMPLE, the governments of the Indian States adjoining BanglaDesh scuttled a new National Agreement between India and BanglaDesh to repatriate up to 20 million illegal Bangladeshi immigrants living in India … on purely communal considerations. If Sri Lanka wanted to repatriate illegal immigrants from Tamil Nadu, it will have to seek permission and cooperation of the Northern Provincial Council, dominated, presumably, by the TNA! Without Police Powers in the Northern Province, how will the National Government investigate, arrest and deport these illegal immigrants, or halt new terrorist activity fomented by the Tiger Nominated Agents of the TNA?
3. The Provincial Councils create sub-national centers of power that create barriers to the IMPLEMENTATION of National Infrastructure Projects, such as Roads, and Irrigation Systems, and even Education facilities and programs, that cut across Provincial Boundaries. For EXAMPLE, the Mahaveli river cuts across several Provinces, each of whom has a valid claim to its waters. Currently, the National Government of Sri Lanka is empowered to make the decision after evaluating the environmental and economic impacts, but when PCs are fully empowered it will lack the power to do so. Provincial councils can then veto ANY project depending on the narrow interests of its residents, and more dangerously, the prejudices of its own councilors. Mavil Aru was a precursor of this kind of resources sharing problem that could arise in the future. This has also become a HUGE PROBLEM in India, especially with regard to sharing river waters between states, holding up not only water projects but also the construction of power plants.
4. Finally, of course, there is the 13A requirement of National Bills having to be approved unanimously by all Provincial Councils for passage in Parliament. This has security, economic, legal and political ramifications on every level that SUBJUGATES the Will of the Majority of the Citizens of Sri Lanka to the Will of the much Smaller Minorities living in the Provinces, and their Provincial Councillors. That is not “Democracy” reflecting the will of the many, but “Anarchy” imposing the will of the few! It will only require the capture of just ONE Provincial Council by Anti-National Elements to NEGATE the NATIONAL WILL!
These are among the DANGERS of not REPEALING the 13th Amendment and DISSOLVING the Provincial Council System … especially when CONFRONTED by UNREPENTANT SEPARATISTS and Foreign Powers plying their own agendas to undermine and destabilize Sri Lanka. JUST SCRAP the 13th Amendment COMPLETELY!
Creating and Devolving POWER to POLITICAL ENTITIES dominated by UNREPENTANT SEPARATISTS who were PROXIES of the MURDEROUS SEPARATISTS DEFEATED ONLY 4 YEARS AGO is an IRRESPONSIBLE FOLLY of MONUMENTAL PROPORTIONS! It BOGGLES my mind that such STUPIDITIES are even being SERIOUSLY CONTEMPLATED!