Chanaka Bandarage

It is true that Land and Police powers are included in the Concurrent list of the of the 13^th Amendment (Schedule 9), enacted as a result of the India – Sri Lanka pact, 1987; but they have always been suppressed. Unfortunately, an unnecessary urgency has been created to give these powers now – especially to the Northern and Eastern provincial governments. 

Now that a Presidential election is soon forthcoming (2024) Southern politicians (Sinhalese) believe that by doling out powers to the North and East they would be able to secure the Tamil and Muslim vote. This shows short – sightedness on their part and lack of patriotism.

History has demonstrated that Tamils and Muslims in those two provinces mostly vote for their own political parties/candidates, otherwise they would remain neutral (there is nothing wrong with that).

During the Yahapalana regime (2015 – 2019), Mr Maithripala Sirisena, the then President handed most of the land held by the Army to Tamils (about 92% of the questionable lands). In the former Jaffna HSZ, the Army does not hold any land now. But the Tamils did not vote for his party.

To woo Tamil voters, the Yahapalanaya Government just before the 2019 Presidential election gave an international airport to the North; the UNP candidate still lost that election.

Palali was always under the Military even during the British time. Now separatists can land in the North by-passing Colombo. This is a grave danger to the country’s territorial integrity.

Note – Gotabhaya won the 2019 Presidency predominantly from the Sinhala vote (69 lakhs).

Giving Land and Police powers to the Provinces (especially to the North and East) means the provincial governments will have the sole power to legislate in relation to Land and Police. Then, basically the provincial Governments can sell, transfer, lease, mortgage, donate, and acquire land anyway they like within the provinces. Giving Land powers means the central Government may relinquish crown lands and lose sea shores to the provinces. 

The Northern and Eastern Provinces hold about  ¾ of Sri Lanka’s coastal area.

Once these two powers are granted, it is possible for the two provinces to re-merge and then make a claim to secede from Sri Lanka (it is 1/3 of the total land mass). Under customary international law, they may have the key ingredients to claim a separate nation of their own.

Once the central government loses the entire control of these areas, it will be more difficult for the people from other provinces to go and live in the North and the East. This will be a grossly unfair situation for the Sinhalese. The Constitution articulates the freedom of movement for people (Article 12).

Once these two powers are given, the Northern provincial Government could effectively (legally) block the Southerners from not only buying land but also visiting the area.  

Note Mr Gajen Ponnambalam’s recent antics in Jaffna.

Once these two powers are given, if the two provincial governments want they may give land to their counterparts in India, bypassing the central Government. It will be easy for such enemies of Sri Lanka like Vaiiko, Nedumaran, Seemen et al to set up even para military style camps in Sri Lanka on the invitation of the Chief Ministers of the two provinces.  After vesting Police powers with the Northern and Eastern provincial governments, boatloads of illegal immigrants can freely sail from India to Sri Lanka. Some can come in the guise of fishermen (some say this happens even now).

Top Police positions – IGP or DIG downwards in the provinces would be appointed by the Chief Ministers of the provincial governments. For North and the East, with time, these two Police forces will exclusively have Tamil speaking people serving them, with a Tamil speaking Muslim component in the Eastern Police force.

Today, the Sinhalese who visit the North (including Buddhist pilgrims) have less fear as there are Sinhalese Police officers also serving in the North.   

The two Chief Ministers would have the power to disallow the Sinhalese from joining their Police forces. We have seen how Mr Vigneswaran, the former Northern Province Chief Minister had vigorously tried to block the Sinhalese from settling in the North.

It is important to understand that there is no ethnic problem in Sri Lanka today. There was a terrorism problem which was resolved in 2009. Now the country’s two main communities are living in harmony like loving siblings of one family. This should be highly encouraged.

What the Government must do is try to uplift the standard of living of all the people including those in the Northern and Eastern provinces.

Sri Lanka is hemorrhaging as a result of the worst economic crisis it is facing since gaining independence 75 years ago. This is not the time to embark on huge political, administrative and structural changes for the country. Rather than exacerbating the ethnic problem, all political parties (UNP, SJB, SLFP, JVP, TNA, SLMC and others) must work together trying to fix Sri Lanka’s grave economic woes.

Bringing back the 13 Amendment debate has created an unnecessary uproar.  This could cause a division among the Sinhalese and the Tamils (let us hope that this will not be the case).

Sri Lanka is looking after its Tamil minority well (this is a fact).  When Tamil political leaders are asked to highlight any significant problems that the Tamils face that the Sinhalese do not face, they go unanswered.

Disadvantaged Sinhalese face a multitude of problems of their own. No one wants to hear and fix them.

A main discrimination that the Sinhalese face is their inability to live in the North and the East, which is 1/3 of Sri Lanka. TNA and Tamil political parties block them from settling down in those areas.

It is easy for a Tamil to leave Kilinochchi and settle down in Tangalle. A Muslim can easily leave Akkaraipattu and settle down in Gampaha. But, for a Sinhalese living in Tangalle or Gampaha to settle down in Kilinochchi or Akkareipattu? This can never happen in contemporary Sri Lanka.

Sri Lankan and Indian Governments help the Upcountry Tamils immensely. This is good. But, what about the plight of the Upcountry Sinhalese? They also like to work in the tea plantations, but they are denied of this right. In those areas, there are Sinhalese who do not have any housing and who struggle to have a meal a day.

Until Prabhakaran chased away all Sinhalese from the North there were Sinhala schools such as Sinhala Maha Vidyalaya in Jaffna, Mannar Sinhala Maha Vidyalaya and Madu Road Sinhala Vidyalaya. Why cannot the government re-open them?

Since winning the war, none of the governments have significantly encouraged the displaced Sinhalese to return to the North and the East; there are Sinhalese who are still eagerly waiting to return.

TNA is obstructing Buddhist monks from even visiting Kurundhi and Thissa Viharayas in the North. Governments have turned a blind eye to these major problems.

Sinhalese have been ill-treated in Jaffna, Nawatkuli Sinhala Village (6 km from Jaffna), Mannar, Narikadu and Batticaloe. Often, they live as 2^nd class citizens in those areas. Since 1977 every government has been dead silent on the discrimination faced by the Sinhalese in the North and the East. The writer has a dossier containing a number of such incidents