Posted on July 11th, 2017


It is reported that R. Sampanthan is to lead a TNA delegation to meet the Mahanayakes (‘TNA Delegation to meet Mahanayakes,’ Sunday Times, 9th July 2017.)  On 4th July 2017, the Mahanayakes issued a formal statement where they totally rejected the idea of a new Constitution.  No doubt Sampanthan and his cohorts are trying to get the monks to soften their stance.

Sampanthan and his cohorts cannot deny that they were once the political arm of the LTTE.  However, after the defeat of the LTTE, their story has been that they have given up separatism – the demand for Eelam – that they are now fully committed to the idea of an ‘Eksath’ (Undivided) Sri Lanka, and that all they want is sufficient autonomy in their areas, i.e. the North and East, to live in dignity and self-respect.

The difficulty in refuting the above claim of TNA members has always been the difficulty in proving their intention.  When one accuses Sampanthan or his cohorts of continuing to harbor separatist intentions, they retort, ‘How do you know?  Can you get inside our minds?’  Needless to say it is a slippery but effective reply.

In the course of my research for a case, I uncovered a certain fact that can overcome the aforesaid difficulty, and establish beyond a reasonable doubt that Sampanthan and his cohorts have never stopped being separatists.  I shall discuss it briefly because it is of particular relevance in these trying times.

In case no. SC/SPL/03/2014 (H. K. D. Chandrasoma v. Mervai Senathirajah, Secretary of the Ilangai Tamil Arasu Kadchi) the court ordered an English translation be produced of the Constitution of the Ilangai Tamil Arasu Kadchi.  All TNA MP’s presently in Parliament or in Provincial Councils contested elections under the ITAK banner, so the ITAK Constitution is the official and definitive statement of their aims and objectives.

Interestingly, the ITAK Constitution on file at the Elections Commission is in Tamil, without accompanying Sinhala or English translations.  So, court ordered that, for the purposes of the case, an English translation be produced by the Government Translator.  (To the best of my knowledge, it is the first time such a translation has been produced.  It is now a public document and can be accessed by any member of the public.)

There are actually two documents:  the original Constitution, and an Amendment brought in 2008.  I am interested in clause 17(D) of this latter Amendment, which is as follows:

‘17(D):  The General Committee of the Ilangai Tamil Arasu Kadchi dcided on 24.04.08 and 03.08.08 to approve all resolutions and actions taken by the Tamil United Liberation Front and the Ilankai Tamil Arasu Kadchi from 14th May 1976.’

What is the significance of the date, 14th May 1976?  Anyone familiar with the history of Tamil separatism in Sri Lanka knows that the Vaddukoddai Declaration – the seminal document of the Separatist Movement – was signed on 14th May 1976.  All the Tamil political parties and factions at the time came together as the ‘Tamil United Liberation Front’ (TULF) and signed the document.

For those who don’t know anything about the Vaddukoddai Declaration is, here is its penultimate section, which is self-explanatory:

‘This convention resolves that restoration and reconstitution of the Free, Sovereign, Secular, Socialist State of TAMIL EELAM based on the right of self determination inherent to every nation has become inevitable in order to safeguard the very existence of the Tamil nation in this Country….And this convention calls upon the Tamil Nation in general and the Tamil youth in particular to come forward to throw themselves fully into the sacred fight for freedom and to flinch not till the goal of a sovereign socialist state of TAMIL EELAM is reached’[1]

So, what is the significance of clause 17(D) of the Amendment?  The ITAK has deliberately endorsed all resolutions and acts of the TULF going back specifically to 14th May 1976.  That necessarily means that the ITAK has deliberately endorsed and embraced the Vaddukoddai Declaration, including the clear and unambiguous separatist sentiments expressed in the words quoted above.

To pass an Amendment to a Constitution is an act, not just to make or issue a statement.  Meanwhile, it is well-recognized in the law that, a person’s intention can be inferred from his actions.

Therefore, the deliberate act of the ITAK in amending its Constitution to endorse all resolutions and acts of the TULF and the ITAK going back specifically to 14th May 1976, is objective proof of the existence in ITAK members of the intention to carry on the separatist struggle.

I take as self-evident that to discuss reconciliation, particularly any concessions involving devolution of power, with committed separatists is suicidal.  Therefore, the first thing that has to be done before discussing constitutional changes to facilitate devolution is to ask Sampanthan and his cohorts to clarify their position with regard to clause 17(D) of their Constitution.

[1] Power-sharing in Sri Lanka:  Constitutional and Political Documents 1926-2008, Rohan Edirisignhe, Marco Gomez, et al (eds.) Colombo, Centre for Policy Alternatives, 2008


  1. Dilrook Says:

    Good work by Dharshan in unearthing ITAK’s constitution.

    Maha Sangha must be educated about TNA’s obvious intentions but I’m sure they are fully aware of it.

    However, this position of ITAK/TNA/TULF doesn’t land them in legal trouble. Tamils are entitled to pursue self determination. This is what they exploit to keep separatist fires burning. It is a very cunning approach as these documents were drafted by the best Tamil legal luminaries. The only way to disrupt their plans is to stop all devolution of power and have alternative power sharing arrangements. The north and the east are different provinces with different majorities. Whatever Tamils get in the north must be given to Muslims in the east and Sinhalese in the rest.

  2. Christie Says:

    Indian Colonial Parasites.

  3. ranjit Says:

    Maha Sanga or anybody in this country should not trust TNA or Indians or any other Tamil groups because they have forgotten what Sinhalese have done to them and all those groups did to our country for thirty long years. Even war times Sinhala government fed them and helped them but these Tamil hypocrites never appreciated what we did and still want to destroy our peaceful buddhist land with their cunning treacherous actions. Never trust Tamils or Indian parasites.

  4. Fran Diaz Says:

    Thank you so very much !
    As always, you bring out the legal angles of truth & justice for Sri Lanka.


    Suggestions to combat Tamil Leaders Separatism :

    Remove the ILLEGAL 13-A.

    The rest of the Others in Sri Lanka are also entitled to follow Self Determination by Removing the dangerous 13-A.
    There are other things to be done too, all in the name of Self Determination of the rest of Lanka.

    Question : Why has the 6-A NEVER been activated ?
    The Cold War is over. It is time to activate the 6-A.


    The REAL Tamil Problem is always in Tamil Nadu, INDIA.
    It is the 3,000 yr old CASTE SYSTEM.
    CASTE is stated in the birth certificates there.
    There are over 15 Million Tamil folk who are classified as Dalits.
    INDIA does the Census based on CASTE.

    Any Tamil Eelam formed in Lanka will come under INDIA.
    INDIA will impose the CASTE system on Eelam and rest of Lanka, won’t they ?
    Alternately, Eelam will come under neo-Colonial ‘protection’ ?

    What we need in Lanka is PATRIOTISM.
    We invite the Tamil Leaders & the Tamil People of Sri Lanka, to join the rest of us in PATRIOTISM.
    Tamil people : Please become PATRIOTS OF LANKA !

  5. Ancient Sinhalaya Says:

    These Tamil Nadu Alliance aka TNA are crafty, untrustworthy, ungrateful lot. Their aim is somehow get their
    drealam while keeping Colombo and other areas to themselves as well. Tamils’ problem is they are
    never happy
    can never have enough
    want to live separately wherever they are in the world
    never Sri Lankan
    never loyal.
    So there is no point trying to please them. They know they were brought here by the dutch and the british to work
    in tobacco farms and tea farms. Still they keep chanting the mantra they had kings, kingdoms etc. This is an absurd
    claim since they don’t have an ancient tamil brick to substantiate it. No Anurdhapuras, no Polonnaruwas, etc. If they have been the followers of a true religion which says lying is a sin, they wouldn’t carry on living this lie. But their religions of convenience say it is ok. So the lie goes on. Maha Sanga should never trust these liberation of tamil drealam’s proxies. Just look at these guys’ eyes tell the whole story. You can see hatred in them. Just like ayatollas!

  6. SA Kumar Says:

    THE SECRET THAT THE TNA DOESN’T WANT EXPOSED- No Secret We-ALL Tamil want TE nothing else Include DD/Karuna/Sampanthan/ CM Viggie .
    Why can not achieve TE because Indian want us to settled with 13A so not much We-Tamil can not do at this present time.
    So We-Tamil settled with fully committed to the idea of an ‘Eksath’ (Undivided) Sri Lanka, and that all they want is sufficient autonomy in their areas, i.e. the North and East, to live in dignity and self-respect.

    Why Time is correct ( Indian possition to Train/arms us) We-Demila start our Eelam war V ( Oyatha Allakal; vi, Thavala pachchal V, Jeya sukura Muruyadippu 2 , etc….) than that will end up in Nanthi kaddal 2 . We-All Mother Lanka knows.

    So why this kolaveri machang ????
    fully implement 6A & 13A together (not half or quater) We all can live United mother Lanka until We-Tamil mess up by declare UD of TE.

  7. SA Kumar Says:

    Sampanthan and his cohorts cannot deny that they were once the political arm of VP& co- Not only TN We-All Demila are kodiya no secret .

    One & Only Our ( Self declared) Thesiya Thalavar VP !

    Long live to ‘Eksath’ (Undivided) Sri Lanka

  8. SA Kumar Says:

    It is reported that R. Sampanthan is to lead a TNA delegation to meet the Mahanayakes – At last We-Thamil Sakkiliyar understood that nothing can be change in Chignkela Theevu with out Mahanayakes (Biggus) approval .

  9. Ratanapala Says:

    Many thanks to Dharshan for exposing the real nature of these vipers in disguise. The sheer lunacy of not bringing these former LTTE agents to book immediately after the end of the Tamil Tiger Terrorist war is the reason for them making these unreasonable demands. They now want the introduction of a Vice Presidential position too to the constitution.

    For myopic political reasons privy to only themselves, the Rajapakse Administration failed the nation on this score.

    The fact that the ITAK document with its references to the infamous Vadukkodai Declaration has not been translated into Sinhala and English alone shows the depth ignorance in the South and the derelection of duty by the Sri Lankan Government institutions in not dessiminating information relevant to the national dialogue.

    TNA must for ever be treated only as the unrepentant remnants of the LTTE, responsible for tens of thousands of war dead as well as destruction of property and infrastructure. They must be brought to book if there is to be any realistic national reconciliation in Sri Lanka.

  10. Fran Diaz Says:


    TE is in Tamil Nadu.

    The rest of the People of Lanka do not TE in Lanka.
    That is the Self Determination of the rest of Lanka.

    Develop and bring CASTE peace to Tamil Nadu. Then TN will become TE. You guys can do it. If there is a Will, there is a Way !

  11. Fran Diaz Says:

    There are far more life supportive activity for Tamil People to do than waste time on TE.
    The rising sea levels due to Climate Change > Global Warming will result in rising sea levels, up to 15 ft or more, the experts say.
    Right now, a large slice of the Antarctic has broken off recently and will slowly melt into the sea, raising sea levels.
    Imagine what a rise in sea levels up to and above 15 ft would do to the coastlines of Lanka and INDIA, and the rest of the world !!

    Tamil People of Lanka and elsewhere have a part to play in containing such an event.
    Tamil People ought to concentrate on what has to be done for SURVIVAL of all. Petty infighting of old days must be put aside.

    Join us to fight for Survival !

  12. Fran Diaz Says:

    Tamil People ought not to waste time re TE. In any case, TE is in Tamil Nadu, not elsewhere.

    Global Warming from Climate Change is resulting in rising sea levels – up to 15 ft or more, the experts say !
    Imagine what such a rise in sea levels would do to the coastline of Lanka and INDIA, and the rest of the world !
    Already a large slice of the Antarctic ice shelf has broken off just a few days ago. This will slowly melt as it drifts into warmer waters.

    Tamil People in Lanka & elsewhere should join us the rest of us to fight Climate Change.
    Fight the worthy fight with the rest of us !

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