{"id":108258,"date":"2020-11-01T16:58:55","date_gmt":"2020-11-01T23:58:55","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=108258"},"modified":"2020-11-01T16:58:55","modified_gmt":"2020-11-01T23:58:55","slug":"the-concept-and-contents-of-the-13th-amendment","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2020\/11\/01\/the-concept-and-contents-of-the-13th-amendment\/","title":{"rendered":"THE CONCEPT AND CONTENTS OF THE 13TH AMENDMENT"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em><strong data-rich-text-format-boundary=\"true\">BY EDWARD THEOPHILUS<\/strong><\/em><\/span><\/h2>\n\n\n<p>It\nseems that many people of Sri Lanka talk about the 13<sup>th<\/sup> amendment to\nthe constitution before the quick boost of opinion on the arrival of the US\nSecretary of State. The visit was highly focused on opinion on the MCC\nagreement and political talks on the agreement, and it is clear that these talkative\npeople have no clear understanding of the concept and contents of the 13th\namendment. Media of the country attempt to divert the flow of opinion and India\nalso wants to lie down the matter relates to the 13<sup>th<\/sup> amendment.\nHowever, people need to understand the truth about the amendment rather than\nmotivating from time to time based on an unimportant statement of a politician.<\/p>\n\n\n\n<p>Why\ndid the 13<sup>th<\/sup> amendment pass, it might associate with the historical\nexperience of Indian behavior toward Sri Lanka and the other neighboring countries?\nThe general understanding of Sri Lankans implied India has hegemony over\nsurrounding countries, and the manner of Indian opinion and the foreign policy demeanor\ntoward the 13<sup>th<\/sup> amendment displays that the amendment was originated\nwith the supports of India, and its hegemonic approach, but it is difficult to\nexplain how it happened? During the British rule, Indian people took to various\ncountries such as Sri Lanka, Fiji, and Certain African countries Western\nentrepreneurs at that time, Indian nationals or the freedom movement did not\noppose the actions, but later Indian governments use migrated Indians to create\ndistress against the legally elected government in such countries. <\/p>\n\n\n\n<p>Was\nthere a compromise between Sri Lanka and India when the amendment was enacted,\nand the implementation of the amendment? &nbsp;Mr. J.R. Jayawardane, a party to the signatories\nto the Indo-Lanka Accord stated that the action was a strategy to live under\nthe shadow of India without surrendering the country. The assassination of Mr.\nRajiv Ghandi practically convinced India that the amendment might have negative\neffects concerning defense affairs and also showed the risk of using migrated\nlabor from India for international politics. An article published in the Hindu\npaper on 07.09.2020 in India described the reasons why is the 13<sup>th<\/sup>\namendment contentious based on four points and also indicated two significant\npoints regarding the amendment.<\/p>\n\n\n\n<p>The\nrecent behavior of Mr. Sarath Weerasekera, who was appointed as the State\nMinister of the Provincial Councils shows that the hard-line approach to abolishing\nthe provincial councils has either changed or underwater, resulting in the\nvisit of the American Secretary of State, Mr. Mike Pompeo. Otherwise,\nabolishing the 13<sup>th<\/sup> amendment was a headache for many parties and it\nmight re-emerge the environment change after COVID-19 19 epidemic and when a\nnew constitution making emerged in the parliament. What people observe regarding\nthe debate is Mr.Sarath Weerasekera has failed to point out the disadvantages\nincurred from the 13<sup>th<\/sup> amendment and how he is supposed to change\nthe amendment give benefits to both sides India and Sri Lanka. When impartially\nconsidering the 13<sup>th<\/sup> amendment, it was a humanistic approach of Sri\nLanka\u2019s government toward the Tamil ethnic community and the experience after\nthe enactment of the amendment since 1987 it has not been any disadvantage to\nneither Sinhala, nor Tamil, nor Muslim community of Sri Lanka.&nbsp; &nbsp;&nbsp;&nbsp;<\/p>\n\n\n\n<p>Before\nthe arrived European invaders, the reign of Sri Lanka\u2019s political\nadministration was successfully used and tackled ethnic issues in the country\nadopting appropriate techniques to deal with ethnic issues in the country from\ntime to time. Before the king Dutugemunu, Sri Lanka used a technique that\ndivided the political administration as Ruhuna, Maya, and Pihiti, and it was changed\nby King Dutugemunu. The evidence relating to the provincial administration is\nnot written in historical sources.&nbsp;\nHowever, historical books in Sri Lanka provide evidence that King\nDutugemunu did not extend the war beyond Vavuniya and respected the right of\nTamils. I assume that from King Dutugemunu there is no harm if Tamils are\nliving in the country respecting the right of the Sinhala Community without\nmaking distress to the government s of Sri Lanka and India.&nbsp; The problem was South Indian invaders\npromoted actions against the Sinhala community and their religion Buddhism. If\nwe look at the approach of King Dutugemunu, the contents of the 13<sup>th<\/sup>\namendment would not be harmful to the Sinhala community or the country either.<\/p>\n\n\n\n<p>The\nspecific nature of the historical reign was that people were treated as human\nresiding in the country and allowed to use owned language and religion or any\nother identity if there were not harmful to others in administration\nactivities. The ethnic division was based on the language used by people, but\nit was not established on scientific reasons such as biological deviations. The\nwars incurred when ethnic groups (Tamils) attempted to control the right of the\nmajority ethnic group, Sinhala, and India played a role to settle ethnic\nproblems without favoring any ethnic groups.&nbsp;\nThe culture of India showed similarities in the practices of Sri Lankans\nand Indians.<\/p>\n\n\n\n<p>The\ncreation of provincial councils by the 13<sup>th<\/sup> amendment was\nconceptually associated with the division of the central government power than\nto delegation of the authority to nine provincial councils, and the division of\npower is not distinguished and the amendment indicates that irrespective of\nsize and the nature of power given from the amendment are equal whether people\nliving in provinces are Sinhala or Tamil or Muslims. The concept of the 13<sup>th<\/sup>\namendment shows equity and justice incorporated into the amendment, without\nharm to the right of any ethnic community in the country. For example, if particular\npower is given to the northern province, the same power was given to the\nsouthern province. The concept relates to the 13<sup>th<\/sup> amendment that\nmight difficult to understand by ordinary citizens. <\/p>\n\n\n\n<p>People\ngoing against the provincial councils need to clearly understand the concept of\nthe separation of power and delegation of power. Many political scientists\ntalked about separation of power especially considering the separation of power\nbetween the executive, legislature, and Judiciary. The delegation of power in\nthe 13<sup>th<\/sup> amendment is not related to the concept of separation of\npower, and the content of the 13<sup>th<\/sup> amendment indicated that the delegation\nof power is equally delegation of the authority subject to the commandment of\nthe executive president of the country.<\/p>\n\n\n\n<p>The\nHindu paper highlighted that the criticism against the 13<sup>th<\/sup>\namendment states that the provinces could be effectively controlled by the\nCentre.&nbsp; This is an opinion based on the\nsituation and experience when the population of Sri Lanka remained less than\n15.0 million, However, the population of the country has been increased to 22.0\nmillion, and the delegation of power economically is cost-effective and\nefficiency in providing services is more effective under the provincial council\nsystem as long as there are no attitudes toward to territorial integrity is\nrespected and assured by members of provincial councils.&nbsp; The best example is the current issue of the\nCOVID 19 crisis, that invites the use of the authority of the center and the\nprovinces. Many people have difficulty understanding the situation.<\/p>\n\n\n\n<p>Strategically,\nMr.J.R. Jayawardane disagreed with India the delegation of police power and\nland power. If police power delegated in an environment that the separatist\nmovement was powerful the delegated power could have used to disturb the law\nand order, especially in North and East provinces.&nbsp; The land power should be in the hand of the\ncenter as in an environment that the population is expanding there should be\nlands for the increase in population to live. It is accepted that in the\ninternational legal framework no person should be landless to live and the\ncentral administration of the country is responsible to provide to live all\npeople in the country. The delegation of power from the point of view of Tamil\npoliticians was more selfish and there was a nature of rejecting people of the\ncountry giving lands to live. &nbsp;&nbsp;Mr.J.R.\nJayewardene viewed that there should be an opportunity to expand the excess\npopulation in the Western province to expand in the east and I feel that India\nhas agreed with the points of Mr. Jayewardene. The current wish of the Indian\nprime minister is not going beyond international justice.<\/p>\n\n\n\n<p>Mr.Sarath\nWeerasekera has failed to develop concrete points in favor of why the\nprovincial council should be canceled and what would be the alternative he\nsuggests to implement after the cancellation.&nbsp;\nHe may know that this is a complicated issue that involves India\ntoo.&nbsp; Various points JR highlighted to\nIndia not to give police and land management power to provincial councils were\naccepted by India and considered valid.&nbsp;\nLands of the country are to all people without an ethnic difference and\nthe giving full power on land management to the council will prevent expanding\npopulation in the western province to North and East.&nbsp; It is unacceptable.&nbsp; When grants the police power to the\nprovincial council it might lead to conflict between the federal police and provincial\npolice services. Sri Lanka doesn\u2019t want such a situation in the name of the\nprovincial councils and India understands that such conflicts between the\nfederal police and provincial police could emerge in India.<\/p>\n\n\n\n<p>The\nconcept and the contents of the 13<sup>th<\/sup> amendment should be educated to\npeople through media and the amendment should not use as a wound of a beggar to\nmanipulated political opinion.&nbsp; If the\ngovernment suppose to introduce a new constitution the concept and the contents\nof the 13<sup>th<\/sup> amendment should be incorporated into the new\nconstitution.&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>BY EDWARD THEOPHILUS It seems that many people of Sri Lanka talk about the 13th amendment to the constitution before the quick boost of opinion on the arrival of the US Secretary of State. The visit was highly focused on opinion on the MCC agreement and political talks on the agreement, and it is clear [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[124],"tags":[],"class_list":["post-108258","post","type-post","status-publish","format-standard","hentry","category-edward-theophilus"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/108258","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=108258"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/108258\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=108258"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=108258"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=108258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}