Why this dissension amoung the Cabinet Ministers on the 13 Amendment ?
Posted on June 17th, 2013
By Chareles.S.Perera
ƒÆ’-¡ƒ”š‚ Tissa VitharanƒÆ’-¡ƒ”š‚ the Technology and Research MinisterƒÆ’-¡ƒ”š‚ representing the LSSP had said that the 13 Amendment is already a weak Amendment and therefore there is no reason that it should be removed.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ But if that is the case why not remove ƒÆ’-¡ƒ”š‚ it instead of keeping a weak controversial amendment.ƒÆ’-¡ƒ”š‚ Tissa Vitharana had added, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Whatever amendments to the 13A, could be presented to the legislature after the polls were over, as the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s representatives could take a decision at that stage.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
The removal of the 13 Amendment if a decision is taken to remove it would take a period of time- drafting the relevant Act, presenting it to the Supreme court for legal approval and then present it to the Parliament. In the mean time ƒÆ’-¡ƒ”š‚ the elections could still be held in the North under the provisions of the 13Amendment, but the action for its removal should be initiated now.ƒÆ’-¡ƒ”š‚ Thereafter a new system of provincial administration should be prepared to affect all Provincial Councils once the 13Amendment is removed.ƒÆ’-¡ƒ”š‚ All actions pertaining to land and police powers etc., under the 13 AmendmentƒÆ’-¡ƒ”š‚ should in the mean time beƒÆ’-¡ƒ”š‚ suspendedƒÆ’-¡ƒ”š‚ until its removal from the Constitution, and new provisions made under a new Act.
The 13Amendment which our legislators do not seem to understand ƒÆ’-¡ƒ”š‚ is a foreign law-thought out and prepared by India and forced to be includedƒÆ’-¡ƒ”š‚ in our Constitution. It will neither help the Tamil people, nor the other communities. Its is its ƒÆ’-¡ƒ”š‚ removal and adopting a system appropriate to the country which would help reconciliation and uniting the people and provide them with a true representative system of Provincial Councils.
Tissa Vitharana had further added that, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- The Northerners, who had undergone enough suffering over the last three decades, should be left in peace to exercise their franchise at a free and fair election without creating unnecessary issues and confrontations. ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
This in fact is the very reason why the 13Amendment should be removed, as it is foreign to our people who went through untold, suffering and misery since its introduction in to the Constitution in 1987.ƒÆ’-¡ƒ”š‚ India when it forced the 13Amendment on Sri Lanka, Sri Lanka wasƒÆ’-¡ƒ”š‚ in disarray andƒÆ’-¡ƒ”š‚ nobody knew what was going to be the outcome of terrorism, which was very powerful at the time ƒÆ’-¡ƒ”š‚ and thought invincible.
ƒÆ’-¡ƒ”š‚ 13 Amendment was an attempt to subjugateƒÆ’-¡ƒ”š‚ a sovereign State according toƒÆ’-¡ƒ”š‚ whims and fancies ofƒÆ’-¡ƒ”š‚ the leaders of aƒÆ’-¡ƒ”š‚ neighbouring State profiting from the weakness of Sri Lanka.ƒÆ’-¡ƒ”š‚ Therefore, one cannot understand the logic of those Cabinet Ministers demanding ƒÆ’-¡ƒ”š‚ the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Amendment of shameƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ ƒÆ’-¡ƒ”š‚ to be retained inƒÆ’-¡ƒ”š‚ Constitution of Sri Lanka.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ The 13 Amendment should be removed in its entirety, and removing of the PresidentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s right to merge two provinces is not the worst that has beenƒÆ’-¡ƒ”š‚ removed.ƒÆ’-¡ƒ”š‚ In fact there is already a legal ruling which removed theƒÆ’-¡ƒ”š‚ merger of North and East. And the decision to remove the right of the President to re-merge provinces is an eye washer to fool the people.
ƒÆ’-¡ƒ”š‚ The government has not said any thing with regard to the removal of the police and land rights or ƒÆ’-¡ƒ”š‚ given any reason ƒÆ’-¡ƒ”š‚ why the whole of the 13 Amendment should not be removed, instead of removing bits and pieces of it..
ƒÆ’-¡ƒ”š‚ In the meantimeƒÆ’-¡ƒ”š‚ Rauf Hakeem the Minster of Justice says,ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-We must remember that the 13th Amendment came as a solution to the National problem after a long-drawn-out process.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚ This is ƒÆ’-¡ƒ”š‚«ƒÆ’-¡ƒ”š‚ bull shitƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚».ƒÆ’-¡ƒ”š‚ This man seems to have no ideaƒÆ’-¡ƒ”š‚ how the 13 Amendment came to be included in the Constitution.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ Rauf Hakeem was a sympathiser of the terrorists and even signed a MoU with Prabhakaran.ƒÆ’-¡ƒ”š‚ He is not a patriot who loves the Country.ƒÆ’-¡ƒ”š‚ His interest is in his Community and an eventual Islamizing of Sri Lanka. Rauff Hakeem says that the13 Amendment came after a long drawn upƒÆ’-¡ƒ”š‚ process as a solution to the National problem.ƒÆ’-¡ƒ”š‚ We wonder from where ƒÆ’-¡ƒ”š‚ he got that idea .
ƒÆ’-¡ƒ”š‚ It is only the Sinhala Buddhists, and those with real patriotic sentiments who ƒÆ’-¡ƒ”š‚ want the 13 Amendment removed, as they are ƒÆ’-¡ƒ”š‚ concerned about the unitary status of Sri Lanka and will not hesitate to sacrifice their lives to save the country even if the other Communities were to look askance.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ Karu Jayasuriya, who is a copy confirm of Mangala Samaraweera bleats his protests against the government, having failed to be the second in command in the UNP after leaving theƒÆ’-¡ƒ”š‚ Cabinet of the President Mahinda Rajapakse.
ƒÆ’-¡ƒ”š‚ Ranil Wickramasinghe is crying over a repealed 17 Amendment andƒÆ’-¡ƒ”š‚ threatens to boycott the PSC.ƒÆ’-¡ƒ”š‚ These UNP stalwartsƒÆ’-¡ƒ”š‚ are only politically motivated about keeping the 13 Amendment, and do not seem to be over concerned about the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢sƒÆ’-¡ƒ”š‚ future and the reconciliation of the Communities. They do not see that the 13 Amendment is a deterrent for reconciliation of Communities , which will keep alive the hatred of the Tamils against the other Communities. ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ ItƒÆ’-¡ƒ”š‚ had been a habit with Ranil Wickramasinghe under the previous ƒÆ’-¡ƒ”š‚ President as well ƒÆ’-¡ƒ”š‚ to refuse to cooperate to find solutions for national ƒÆ’-¡ƒ”š‚ problems. Under the President Chandrika Kumaratunga ƒÆ’-¡ƒ”š‚ Ranil WickramasingheƒÆ’-¡ƒ”š‚ refused to attend ƒÆ’-¡ƒ”š‚ all party discussions to find solutions to terrorism to which he was invited.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ Ranil Wickramasinghe panders to the TNA hoping that he may be able to get theƒÆ’-¡ƒ”š‚ votes of the North in a future Presidential Election if the TNA win the PC elections under the 13Amenment.ƒÆ’-¡ƒ”š‚ He is the man who has still refused to give credit to the Armed Forces of Sri Lanka for the elimination of terrorism.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ He has demanded that the Army Personnel should not be appointedƒÆ’-¡ƒ”š‚ Governors inƒÆ’-¡ƒ”š‚ Provinces.ƒÆ’-¡ƒ”š‚ The Army Personnel have on the other hand every right to hold positions of importance in the North and East as it was they who contributed for the emancipation of the people in the North and East, from the bonds of terrorism, risking their lives in that effort.
ƒÆ’-¡ƒ”š‚ The people of Sri Lanka should take note of these non progressiveƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ reactionary attitude of the UNP leadership and politically isolate UNP under Ranil WickramasingheƒÆ’-¡ƒ”š‚ and refuse to vote for the UNP in any future election.
ƒÆ’-¡ƒ”š‚ The Catholic Bishops also have ganged together against the removal of the 13 Amendment.ƒÆ’-¡ƒ”š‚ This is no surprise as the Catholic Church had a very close connection with the LTTE and Catholic Father Emmanuel is all out to divide Sri LankaƒÆ’-¡ƒ”š‚ with his World Tamil Forum.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ The Catholic Priests ofƒÆ’-¡ƒ”š‚ Sri LankaƒÆ’-¡ƒ”š‚ do not take patriotic decisions onƒÆ’-¡ƒ”š‚ any issue that concerns the country as a whole, as they are first bound by the dictates that come from Rome, and their patriotisms is towards the Holy See. So much for their love for Sri Lanka.
ƒÆ’-¡ƒ”š‚ India fears a break away of TamilNadu if the Central government does not give into all their demands,ƒÆ’-¡ƒ”š‚ and fears that with it several other Indian States may follow. The President of Sri Lanka perhaps considersƒÆ’-¡ƒ”š‚ a broken away TamilNadu may be a worstƒÆ’-¡ƒ”š‚ alternative than a TamilNadu as a part of the Government of India.ƒÆ’-¡ƒ”š‚ But those are politicalƒÆ’-¡ƒ”š‚ moves that are beyond the control of Sri Lanka, therefore ƒÆ’-¡ƒ”š‚ Sri LankaƒÆ’-¡ƒ”š‚ should take precautions to meet such political evolutions in India, while doing what is necessary for Sri Lanka as an Independent Sovereign State.
ƒÆ’-¡ƒ”š‚ The LSSP and CP having been reduced to mere Name Boards. They are hoping to comeback making their decision to oppose the removal of the 13AmendmentƒÆ’-¡ƒ”š‚ as their determination to uphold their absurd principle, which isƒÆ’-¡ƒ”š‚ toƒÆ’-¡ƒ”š‚ assure theƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ diminishingƒÆ’-¡ƒ”š‚ party cadre and keep themselves politically ƒÆ’-¡ƒ”š‚ afloat. Their opposition to the 13 Amendment is with that selfish object in view, and to present a different opinion to that of the JVP, which incidentally is for the removal of the 13 Amendment.
ƒÆ’-¡ƒ”š‚ In evaluating the issue there appears to be noƒÆ’-¡ƒ”š‚ valid reason for these errant members of the Cabinet to oppose the 13 Amendment.ƒÆ’-¡ƒ”š‚ They should ask inƒÆ’-¡ƒ”š‚ one voice to remove it from the Constitution.ƒÆ’-¡ƒ”š‚
ƒÆ’-¡ƒ”š‚ The Minister who stands by his unwavering conviction to remove theƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-unholyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ 13 Amendment isƒÆ’-¡ƒ”š‚ Champika Ranawaka of the JHU.ƒÆ’-¡ƒ”š‚ Rajitha Senaratne has gone to the extent of saying that he would resign from his Ministry if the 13 Amendment is removed. One cannot understand what he stands to gain by maintaining the 13Amenment in the Constitution. He may have a secret agenda for his vehement protest.ƒÆ’-¡ƒ”š‚ But his leaving the Ministry is not a great loss, as Sri Lanka stands to gain much more from removing the 13 Amendment.
June 17th, 2013 at 1:59 pm
SCRAP 13 amendment now. If govt. can’t decide let the people decide.
June 17th, 2013 at 2:23 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 17th, 2013 at 5:36 pm
Rajitha Senaratne is late JJ’s brother-in-law. This man is anti buddhist like JJ. Karu and Ranil only patronising TNA for Tamil votes. Tissa Witharana is also anti buddhist and he is not worth a penny like Vasudeva. All incumbant governments have been patronising the Muslims and Tamils neglecting the majority Sinhalese who voted them into power. The corrupt politicians fear to support the Sinhalese because of the Indians forgetting the fact that it is the Sinhala Buddhists who voted them into power. LLRC chairman is also anti buddhist who went to East to pull down a buddhist shrine. Some buddhist monks and most of the Catholic priests including some politicians are on the payroll of RAW whilst some are financed by the Americans and the INGOO. Nowadays politics and the priesthood are living in absolute luxuries at the expence of the majority Sinhala Buddhists. Why MR is silent and non-commital on the issue? Can anybody finf and answer to this?
June 17th, 2013 at 5:51 pm
This is a golden opportunity for MR and the people to know the Patriots and the Traitors among the Cabinet Ministers, is it possible to name these renegades?
June 17th, 2013 at 6:13 pm
Herman,
True. A nice little FILTER!
I gave a list recently. Now I have to add Rajitha and Dilan.
June 17th, 2013 at 6:24 pm
POSSIBLE traitors in govt.
Jeyaratnam, Sri Ranga (aka Minnal Ranga)
Ganesan, Praba (aka Ganja Gana)
Digambaran, Palani (aka Pallu Pala)
Ali, Hasen
Aslam, M. S. M.
Dawood, Basheer Segu (aka Madu Nana)
Faizal, Cassim
Hakeem, Rauff (aka Hack-him)
Harees, H. M. M.
Mashoor, Noordeen (aka Matta Noor)
Thowfeek, M. S.
Gajadeera, Chandrasiri
Gunasekera, D. E. W. (aka Gundu Guna)
Radhakrishnan, Velusami (aka Thota Nai)
Rajadore, Perumal
Sivalingam, Muthu (aka Muttal Siva)
Thondaman, Arumugan
Nanayakkara, Vasudeva (aka Pissu Vasu)
Alantine, Silvestri
Chandrakumar, Murugesu
Devananda, Douglas
Padmasiri, Y. G.
Vitharana, Tissa (aka Pissu Tissa)
Farook, Muthali Bawa
Perera, Dilan (aka Ali Ora)
Senaratna, Rajitha (aka Meen Kallan)
26 POSSIBLE traitors.
June 17th, 2013 at 6:52 pm
“This in fact is the very reason why the 13Amendment should be removed, as it is foreign to our people who went through untold, suffering and misery since its introduction in to the Constitution in 1987. :
Interesting.
That is what happens when you mess up. It becomes worse.
DeJa Vu, pardon my French.
June 17th, 2013 at 10:12 pm
Thank You Lorenzo.
Your list is comprehensive but we need to weed out all !
MR knows for certain and should use this chance to rid his cabinet of all these undesirable and troublesome skullduggery blockheads for real development to take place in our Motherland.
June 18th, 2013 at 2:53 am
Herman,
Not all of them are BAD. But their PARTY LINE is pro-13 amendment. There MAY BE exceptions.
As you said the FILTER of open support or oppose to 13 amendment will throw out the creeps in hiding.
June 18th, 2013 at 6:55 am
MERVIN SILVA the thug is better than dilan rajitha vasu tissa and dew. chase them away . we can chase mervin later or give him a chance to do “”SOMETHING ” to them.
RANAVIRUVO WILL NOT TOLERATE”” NONSENSE””” MAHINDA SHOULD KNOW THIS
June 18th, 2013 at 9:03 am
There should be Lobby groups and they should lobby the president to get rid of these National list MPs from the next govt and as well people should canvass in their electorates against these MPs in their when the next election comes.
there should special interest groups who focus on these things.
June 18th, 2013 at 11:32 am
I agree with the article. It is not an issue whether the 13th amendment is weak or strong and that too is subjective. It is the fact that the majority electorate wants it removed for all the reasons mentioned in the article. No foreign power dictated the Constitution of the USA. No one dared. That goes for India’s constitution as well for it would be a form of invasion by another nation in determining the future of the nation in question. If the 13th amendment is accepted then Colombo also accepts India’s role in determining Sri Lanka’s future.
June 18th, 2013 at 1:29 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 1:49 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 2:24 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 19th, 2013 at 2:55 am
Gotabhaya is echoing OUR PLEAS! He is in effect saying that ETHNIC INTEGRATION of the North and East is central to achieving National Integration, and Permanent Communal Harmony! BRAVO, Mr. Defence Secretary!
RISE UP ….. O Patriots of Mother Lanka …. RISE UP, in your TENS of MILLIONS, and REPEAL the 13th Amendment and DISSOLVE the Provincial Council System NOW. Raise your VOICE NOW to make PERMANENT the PEACE & HARMONY in our Resplendent Motherland!
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Gotabhaya abhors exclusivity for any race anywhere
by Shamindra Ferdinando
Island.lk
June 18, 2013, 10:00 pm
Defence Secretary Gotabhaya Rajapaksa said the Northern Province should be opened up for all communities to live in without further delay. That would be of pivotal importance to promote bonding among the people in the post-war era.
The Defence Secretary emphasised that the Sinhalese shouldn’t be deprived of their right to buy land in any part of the country, including the Northern Province comprising the administrative districts of Jaffna, Mannar, Kilinochchi, Mullaitivu and Vavuniya.
The outspoken official said that the Sinhalese and the Muslim public servants too, should be allowed to serve in the Northern Province as well as in the predominantly Tamil areas of the Eastern Province.
Asked whether he would take up the issue with the government, the Defence Secretary said that he had explained the situation to President Mahinda Rajapaksa.
Those who had been propagating post-war national reconciliation should promote bonding among people, he said, alleging that as long as the Northern Province remained ‘closed’ to other communities it would continue to be a breeding ground for separatist sentiments.
Responding to a query, the Defence Secretary said that many Tamil speaking people from the Northern and Eastern provinces had moved to Colombo and its suburbs as well as other areas over the years. In spite of the conclusion of the conflict in May, four years ago, they hadn’t been asked to return to their original places of living, he said. Likewise, others should be able to live in any part of the country, he added.
The Defence Secretary said that recently he had had an opportunity to meet a Tamil engineer attached to the RDA and his deputy, also a Tamil speaking official responsible for an ongoing project at a Colombo suburb coming under his purview. If they could work here without any hindrance why couldn’t the people of other ethnicities be given appointments in the Northern region, the Defence Secretary queried.
He recollected the circumstances under which the LTTE had driven the Sinhalese and the Muslims out of the Northern Province. A Norwegian found guilty of slaughtering about 80 men, women and children in 2011 was on record as having said that he was inspired by LTTE project to drive out the Muslims, he noted.
The official emphasised the importance of taking tangible measures to address contentious issues. Although, the LTTE could no longer pose a military challenge, the post-war national reconciliation process was at risk due to the Northern Province having special status, he said. The Defence Secretary insisted that Northern Province shouldn’t be exclusively Tamil and similarly there should not be any exclusively Sinhala or Muslim areas in the country.
June 20th, 2013 at 1:42 pm
The Defence Secretary, Gotabhaya Rajapaksa says:
1. During the height of Eelam War IV, the three-member delegation to India comprising the Presidential Secretary Lalith Weeratunga, then Senior Presidential Advisor Basil Rajapaksa, and the Defence Secretary told India, represented by National Security Advisor M. K. Narayanan, Foreign Secretary Shivshankar Menon and Defence Secretary Vijay Singh, that POLICE POWERS WILL NOT BE DEVOLVED under the 13th Amendment and Narayanan had FULLY AGREED with it.
2. When President Rajapaksa had assured India as well as other countries that his government would offer 13th Amendment plus, the President had meant was that he would give a better solution acceptable to all communities. It was misinterpreting the President’s assurance to propagate the falsehood that the government was ready to implement the 13th Amendment, which was forced on the then President JR Jayawardenene.
THERE YOU HAVE IT …. Straight talk from the Defence Secretary, that India was made aware that the 13th Amendment would be modified to EXCLUDE Police Powers even during the Eelam War, and that the 13th Amendment Plus would not be the same as what was forced down Sri Lanka’s THROAT by India, but was one that would serve ALL of Sri Lanka’s citizens better.
Agreements made UNDER DURESS are ILLEGAL under ANY LAW. They can be, should be, and will be ABROGATED as soon as the VICTIM OF CRIMINAL COMPULSION regains its free will. IN FACT, it is the DUTY of the VICTIM to DO SO!
It is PREPOSTEROUS to claim that Sri Lanka is DUTY-BOUND in any way to retain the 13th Amendment forced down its throat by India to satisfy her need for regional hegemony and to placate Indian Racists pursuing a Greater Tamil Nadu agenda!
Sri Lanka must be governed to serve Sri Lanka’s National Interest, not to serve India’s interests!
RISE UP …. O Patriots of Mother Lanka …. RISE UP, in your TENS of MILLIONS, to REPEAL this Indian BALL & CHAIN shackling Mother Lanka’s limbs, NOW!
……………………..
PCs won’t have police powers, Govt. has told India
By Shamindra Ferdinando
Island.lk
June 19, 2013, 10:06 pm
India had been informed of Sri Lanka’s decision not to devolve police powers to provinces at the height of the conflict, Defence Secretary Gotabhaya Rajapaksa said yesterday.
The Defence Secretary said that both, President Mahinda Rajapaksa and he, had emphasised during deliberations with senior Indian officials that devolution of police powers would be inimical to the national interest as well as political stability. “We made our position clear during talks involving top level delegations from Sri Lanka and India”, he told The Island.
The three-member delegation comprised Presidential Secretary Lalith Weeratunga, then Senior Presidential Advisor Basil Rajapaksa and the Defence Secretary. The troika functioned as an informal group on behalf of President Mahinda Rajapaksa to inform and interact with all those who matter, within and outside the country, in general and on events unfolding in Sri Lanka from time to time and visited New Delhi several times during the war.
India was represented by National Security Advisor M. K. Narayanan, Foreign Secretary Shivshankar Menon and Defence Secretary Vijay Singh.
The Defence Secretary was responding to Indian media reports of Indian Premier Manmohan Singh expressing concern over President Rajapaksa’s decision to amend the 13th Amendment to the Constitution.
The Defence Secretary said vesting provinces with police powers would be inimical to the interests of minorities. Recollecting a discussion they had in New Delhi, Rajapaksa said that when Narayanan queried from Singh what he thought of Rajapaksa’s opposition to police powers being devolved to provinces, the Indian Defence Secretary had agreed fully with him.
When it was pointed out that President Rajapaksa had assured India as well as other countries that his government would offer 13th Amendment plus, the Defence Secretary said that what the President had meant was that he would give a better solution acceptable to all communities. It would be nothing but foolish to misinterpret the President’s assurance to propagate the falsehood that the government was ready to implement the 13th Amendment, which was forced on the then President JRJ.
Responding to allegations that Sri Lanka had gone back on its promise to implement the 13th Amendment after the conclusion of the conflict, the Defence Secretary alleged that it was the government of India that voted for the US-led resolution against Sri Lanka at the United Nations Human Rights Council (UNHRC) after having promised to throw its weight behind Sri Lanka. “India let us down in Geneva, very badly,” the Defence Secretary said.
Commenting on the proposed Parliamentary Select Committee (PSC) to study the national issue and make recommendations, the Defence Secretary said that the tangible actions would have to be taken to ensure the 13th Amendment wouldn’t be the cause for further chaos. If implemented fully as it is it could create a volatile situation not only in the Northern Province but other regions as well, the Defence Secretary said.
June 20th, 2013 at 1:58 pm
“PCs won’t have police powers, Govt. has told India”
So PCs will remain without police powers!
As we expected.
June 20th, 2013 at 2:02 pm
JHU bill still not discussed in parliament.
PSC still not formed. Promised to be this week.
Already North PC, North Western PC and Central PC elections called for second week of September.
Govt. will DEFINITELY LOSE Central PC election.
June 20th, 2013 at 2:17 pm
Lorenzo,
It is QUITE DEPRESSING to me that PC elections are being called, while the nation is uncertain as to what POWERS they will have!
Instead of REPEALING the 13th Amendment, ELIMINATING the NEED for holding PC Elections ALTOGETHER, the GOSL is FIDDLING with it, raising Expectations of ALL Anti-National Elements.
For God’s sake are they NOT ONLY BLIND, but DEAF ALSO to the DANGERS posed by the Provincial Councils?
The GOSL should POSTPONE the PC Elections, until a DECISION on the 13th Amendment is made.
DAMN the CHOGM meeting and DAMN the UN HR meeting … what happens there is not as important as the SURVIVAL of Sri Lanka and the SAFETY of its People’s Lives!
June 20th, 2013 at 4:44 pm
Ananda,
Absolutely. I HATE this FOOLING AROUND with national security.
JHU, NFF, SJP, BBS, MR all only words no action (postponed action = no action). BUT north PC election is NOT posdtponed only the JHU bill and PSC are postponed!!!
Barking dogs seldom bite!!!