13th Amendment: Plus? Or Minus?
Repost This Article
Introduction
Leader of National Freedom Front (NFF) and the Minister of Construction, Engineering Services, Housing & Common Amenities, Hon Wimal Weerawansa delivered a public lecture on the 7th of September 2011 on the ‘13th amendment plus? Or Minus? at the Youth Services Council, Maharagama.
The following commentary is a summary of the key points he made during his lecture.
Objective of the Lecture
The international community and their local supporters are attempting to reverse the victory Sri Lanka achieved after defeating the separatist terrorists. Now they have commenced a dialogue on ‘13th amendment plus’. Hence this series of lectures intend to bring this conspiracy to the attention of the patriotic actors.
Content
- Today’s world is facing three main kinds of crisis situations
- Economic instability
- Political instability
- Environmental crisis
- There is a possibility to have an international intervention on Sri Lanka. The background is been prepared for that at the moment.
- This preparation is taking place in two ways at the moment:
- Creating internal instability within the country
- Direct use of International actors
- Methodologies used to create internal instability
- Grease Devil Phenomenon: To create conflicts between people and the military
- Using university students to create internal crisis
- International actors against Sri Lanka
- Meeting between the Secretary of States in the US: Hilary Clinton with J Jayalalitha, Chief Minister of Tamil Nadu
- Latest report of Amnesty International criticizing the efforts of Lessons Learnt & Reconciliation Commission
- Independence Day remarks by Ambassador Patricia Butenis highlighting young people. She concluded her speech wishing all the best for the young generation in Sri Lanka.
- Robert O’ Blake’s visit to Sri Lanka and his schedule to meet the university students: There are no such events of him meeting University students in Sri Lanka’s recent history. It was reported that a group of university students have submitted a letter to Ambassador Butenis. These incidents are all interconnected.
- Statement made by an international actor in recent press, highlighting the need of a Libyan style intervention in Sri Lanka.
- The International community is in need of strengthening Tamil chauvinism politically. It was defeated militarily by the government of Sri Lanka. For that, they use the provincial council system as a tool. As a result, the international community has commenced talking about 13th plus with the objective of transforming government thinking to go for a power devolution beyond the 13th amendment
- Sri Lanka is not in need of a power devolution structure that goes beyond the existing 13th amendment. If such a thing happens it will definitely pave the way for the establishment of another independent state within Sri Lanka, similar to the South Sudan scenario.
- Patriotic actors need to get together and defeat these international conspiracies. At a time where we have successfully defeated Tamil chauvinism we shouldn’t be discussing power devolution, but about social and economic development
- Housing for everyone
- Livelihood development
- Creating more educational opportunities
- Making Sinhalese, Tamils and Muslims equal stakeholders of the economic development
Conclusions
- There is a possibility of Sudanese agenda against Sri Lanka to transfer to a Libyan one.
- The government will be forced to go for 13th plus and ‘secession through devolution’ will be encouraged.
- The end result could even be taking the leader who commanded the war together with the war heroes to its success, to a similar war tribunal as that for Yugoslavia.
Public opinion shapes the political leadership. Thereafter the political leaders shape the public opinion!
The Truth Behind Opinion Polls! http://www.youtube.com/watch?v=ZgyKpkLpccE
The anti-West paranoia of NFF and JHU is legendary. All guys usually see hidden Western conspiracies/conspirators crawling out of woodwork. While West (meaning USA/UK in South Asia) does little to stem this attitude ,one sees certain similarities between these people and Boxers of China, notorious Simba rebels of Congo (inspired by ultra nationalist Patrice Lumumba who became an unnecessary martyr due to his cowardly death in the hands of Belgian/CIA mercenaries )etc. . One thing common to all these groups is they sprang up in response to real or perceived Western interventions. The West has provided ample ammunition for this lunatic fringe to thrive on and ,in the process of made them mainstream. Indeed its hypocritical when these people criticize Western excesses while deftly avoiding any criticism towards China and it satellite states like Myanmar.
The fact that USA sees it fit to ditch some 18 million Sinhalese to court and develop South India as a pro-American hub in the face of competition from China is a godsend to the high priests of nationalism in Sri Lanka. The nationalist ideologues who dream of a Clash between Civilizations (i.e. Western Christian Modernity vs. The Rest) would happily put Democracy ,Human Rights in the back burner and would ignore rampant corruption,nepotism until their objectives are achieved.
The anti-West paranoia of NFF and JHU is legendary. All these guys usually see hidden Western conspiracies/conspirators crawling out of woodwork. While West (meaning USA/UK in South Asia) does little to stem this attitude ,one sees certain similarities between these people and Boxers of China, notorious Simba rebels of Congo (inspired by ultra nationalist Patrice Lumumba who became an unnecessary martyr due to his cowardly death at the hands of Belgian/CIA mercenaries )etc. . One thing common to all these groups is they sprang up in response to real or perceived Western interventions. The West has provided ample ammunition for this lunatic fringe to thrive on and ,in the process of made them mainstream. Indeed its hypocritical when these people criticize Western excesses while deftly avoiding any criticism towards China and it satellite states like Myanmar.
The fact that USA sees it fit to ditch some 18 million Sinhalese to court and develop South India as a pro-American hub in the face of competition from China is a godsend to the high priests of nationalism in Sri Lanka. The nationalist ideologues who dream of a Clash between Civilizations (i.e. Western Christian Modernity vs. The Rest) would happily put Democracy ,Human Rights in the back burner and would ignore rampant corruption,nepotism until their objectives are achieved.
They are not two succeesive steps – they go on together all the time.
I believe that’s what you wanted to say.
Ward
”They are not two succeesive steps – they go on together all the time.
I believe that’s what you wanted to say.”
I believe this is a reply to Thilina Rajapakse’s:
”Public opinion shapes the political leadership. Thereafter the political leaders shape the public opinion!”
Weerawansa needn’t worry – there won’t be devolution but destruction of the socio-economic-environmental fabric of the Tamils faster and faster:
Just follow what the army commander and the Northern Governor are doing.
Add the following:
i.“President: ”If I make any devolutionary concessions to the Tamils, it will be curtains for me” – Sri Lanka: Indian Delegates go Home Empty Handed, Kumar David, 15 June 2011 ( http://www.southasiaanalysis.org/papers46/paper4558.html)
ii.”NW: Will your government ever produce a political solution? Basil Rajapakse: This Constitution of Sri Lanka is far more advanced than any other Constitution in the world. … It’s all there in the book but practical things have to be done” – Namini Wijedasa interviews Basil Rajapakse, 30 July 2011, http://www.lakbimanews.lk/index.php?option=com_content&view=article&id=2333%3Atna-stoked-hatred-ballot-papers-taken-away-were-ours&Itemid=56
‘’Q:The Tamil National Alliance(TNA) which secured 18 local councils yesterday insists on the devolution of police and land powers..
Basil rajapakse: Then the President has a bigger mandate not to give these powers’’- 28July2011, http://print.dailymirror.lk/opinion1/51370.html
iii.“The existing constitution is more than enough for us to live together. I don’t think there is any issue on this more than that. I mean this was given as a solution for the whole thing with the discussion of these people. I mean now the LTTE is gone, I don’t think there is any requirement. I mean what can you do more than this?” – Video: Defence Secretary Gotabaya Rajapaksa speaks to ‘HeadlinesToday’, 8 August 2011, http://transcurrents.com/news-views/archives/2921
1. How does 13Plus amount to secession through devolution/ Doesn’t it rather depend on the Plus?
2. Why is everyone talking Plus or Minus? what’s wrong with 13A or what I call 13 Classic as the basis of dicsussion?
Here are just a few of the problems with 13th Classic. There are plenty more.
1. The Rajakapakse government and its defenders promised 13th plus during and just after the war. One of the reasons for the mounting pressure on SL is the fact that the govt appears to have reneged on this promise.
2. The Governor, who the law recognises to be an agent of the President, exercises plenary executive power in the Province and holds office at the pleasure of the President. There is thus zero devolution in respect of the executive. Therefore, regardless of the extent of legislative devolution on paper, Provincial administration will remain firmly ensconced in the person of the President.
3. There is very little legislative devolution because Parliament may vote to amend the Ninth Schedule provided it has a two-thirds majority. Thus there is little certainty that the 13th on the law books today will be the 13th on the law books tomorrow, particularly given that the government enjoys the requisite two-thirds. Given how this government has overhauled the nature of the exercise of executive power by repealing the 17th which is perhaps the only Bill in recent times to have received unanimous assent in parliament, the devolution of legislative power is extremely weak if not non-existent.
4. The overloading of the concurrent list.
5. The placing of “National Policy on all subjects” in the Reserved List, which means that Cabinet has the power to unilaterally convert a Provincial Subject into a Reserved one.
These are just a few of the obvious ones. There are plenty more.
Niran, I had heard from your classmates that you were kinda bright, so c’,mon,
1. If GoSL is dodging or diluting 13 Classic, what better antidote — and what better way to expose the tnsgressions– than to insist upon it as the base line for talks?
2. Some of your points are criticisms of 13A as it stands and stood, and not of the GoSL’s undrmining of it. Make your mind up.
3. There is no viable alternative. Any re-opening will be vulnerable to the GoSL 2/3rds majority that you mention, as well as the Courts and most of all , public opinion at a plebiscite. Haven’t you read the CPA’s SI figures on this? So, 13A, use it or lose it.
4. The issue of the concurrent list is precisely that which should be the content of negotiations. That is what I mean by taking 13A classic as the baseline for talks, while being mindful that the ceiling should not be vulnerable to a massive defeat at a referendum, and therefore should not have to be referred for one.
5. 13A Classic with negotiated swaps is to the Tamil issue what the 1967 borders with swaps is to the Israel-Palestine issue. There is no more, and no other viable basis.
Here is what is wrong with the pure 13A
http://www.sangam.org/2011/09/Thirteenth_Amendment.php?uid=4452
Too little devolution to too much land imho. Add Police + Land + Fiscal, Make the area proportionate to the Tamil population that live in the North and East and 13B will be good for me.
What does Provincial governor mean to the East and the North and the rest of the country?
(or what are we Buddhists doing to non-Buddhists in the Northeast other than building Buddha statues all over the Northeast?)
Elections to the Northern Province are not yet held – government promised in 2010 that it would be held in 2011 and now it is said that it would be held in 2012 (all democracy Sri Lankan style?)
1.http://www.tamilnet.com/art.html?catid=13&artid=34401
Jaffna Governor interferes, disrupts administrative authority of local councils, 10 September 2011
Civil society sources in Jaffna accused colonial governor of Northern Province, Maj. Gen. Chandrasri, of interfering in the administrative affairs of the recently democratically elected local councils and placing barriers to smooth governance in Jaffna. During a meeting held few weeks, the Governor has allegedly ordered Government officers to follow orders given only by the Governor, and to ignore directives from the elected officials of local councils, civil sources said.
2.http://www.nation.lk/2011/02/20/newsfe5.htm
”Education Minister of the Eastern Provincial Council Wimalaweera Dissanayake complained that their Governor has become a stumbling block to the smooth functioning of the Provincial Ministries including his. He charged that the Governor did not allow him to recruit teachers or even transfer a teacher despite his being the Minister of Education. If he had no power even to affect the transfer of a sanitary labourer, what is the purpose of his being a Minister, he asked. A former military officer, the Governor is trying to run the Provincial Council too in the military style, the Provincial Minister alleged.
Chief Secretary Western Provincial Council Lalith Kannangara, Opposition Leader Kithsiri Kahatapitiya and PC member Mahesh Almeida said that their Governor Alavi Mowlana, despite being a politician himself does not interfere in the administrative affairs of the Council. PC members and officials from the UVA PC also said that their Governor Nanda Mathew too was non-interfering.”
3.http://www.llrc.lk/images/stories/docs/Harim%20Peiris.pdf
Submission by Harim Peiris to LLRC, 7 October 2010:
”If General and Presidential Elections can be held in the North and the East it is impossible to argue that the Northern Provincial Council’s elections need to be delayed any further. The frustrations experienced by the elected Chief Minister of the Eastern Province – incidentally an ethnic Tamil, in relation to the unelected Governor – incidentally a retired Sinhala Military Officer should not be allowed to be repeated in the North, if devolution is to be meaningful, and indeed such issues should be resolved, in the East.”
On Question 2.
A popular debate on 13th Amendment has been noted between Dr.Dayan Jayatilleka and Malinda Senevirathne in the past. In the delayed response from Mr. Seneviratne,(or anyone who portrays similar views) please allow me (for the benefit of the readership at GV)to quote some of his arguments against the ’13th Amendment’ and instead calls for an equal citizenship rights based constitution where anomalies are corrected.
I refer to Mr. Senevirathne’s LLRC submission available at http://llrclk.files.wordpress.com/2011/02/submission-malinda-seneviratne.pdf
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Devolution
In this regard, let me speak to the much-bandied term pertaining to ‘resolution’, i.e. devolution and within it in the 13th Amendment to the Constitution.
I submit that devolution as a constitutional and political mechanism for resolution makes sense only if history, geography, demography and economic/development prerogatives support it. I submit that devolution fails on all counts and as such the 13th Amendment is an aberration for all these reasons, not to mention its illegality, its violation of democratic spirit in enactment and implementation and delivery failure.
Even if ethnic enclaves do not exacerbate mutual suspicion among communities, they need to exist for devolution to sit in concord with reconciliation. The demographic reality is that the majority of Tamils live outside the Northern and Eastern Provinces and this fac~cannot be attributed to the conflict alone. The geographical reality includes the fact that in the Eastern Province that majority of the land area is inhabited by communities where the Sinhalese form the vast majority.
Devolution, as per the 13th Amendment, has been proven an economic and political failure, with two-thirds of monies allocated being spent on maintaining political structures with the benefits accruing in proportions horrendously skewed in favour of politicians.
Devolution, moreover, rebels against current economic thinking on development. The unequal distribution of resources does not support development models that envisage multiple economic and commercial hubs.
Devolution, if its logic is played out to the end, could for example result in vast regional anomalies, with the Western Province, for example objecting to surpluses generated therein being handed out to non-performing or less affluent provinces.
Accordingly, I submit that the 13th Amendment be reviewed in its entirety, especially on its predicate, that of claimed grievances. If grievances pertaining to territory are found untenable then all territory-based proposals, I submit, are unscientific and therefore require rejection. A pandering to political realities based on constructed mythologies can tide a country over in the short term but necessarily generate further rupture down the line.
Constitutional enactment should not be frivolous and should not pander to the whims of the most skillful rhetorician. It should rather be sober, realistic, reference the past and look to the future.
My contention is that the traditional homeland thesis is flawed and therefore resolution on relevant lines doomed to failure. In the absence of a robust case for devolution, minority grievances must necessarily defer to the notion of citizenship. Let me therefore comment on the second element of the grievance thesis, that of citizenship anomalies.
Citizenship Anomalies
I have no doubt in my mind that there have been numerous instances where minorities, particularly Tamils have suffered injustice and been at the wrong end of citizenship anomalies in terms of access to services, language-related obstacles and opportunities. In many instances, constitutional provision has proven inadequate in resolving inequities. Sloth, lack of political will, inefficiency, lack of resources including skilled personnel and also racism have resulted in ensuring that minorities are short-changed in many areas of social, economic and political life.
Let me interject here the caveat that citizenship anomalies are not the preserve of any particular community. Who after all talks of the grave injustices done to the Kandyan Peasantry and the related dispossessions? Who talks of regional disparities and class-related anomalies? Who talks about the injustices done to Buddhists and the vandalism, dispossession and cultural genocide they’ve been at the receiving end of? The truth is that societies are not flat, they are made of hierarchies. There are institutional and processual factors that privilege some and marginalize or irrelevance large sections of the population. It is true also that many of these anomalies are ethnic-free.
On the other hand the existence of one disjuncture does not justify the perpetuation of another. We are talking about reconciliation here and it pertains principally to the issue of inter-ethnic harmony. I submit that there are three areas that require urgent attention and relevant resolution: citizenship rights, security and sense of belonging.
Citizenship rights
Citizenship is a notion that derives principally from constitutions and legal provisions. It also pertains to administrative sensitivity to particularities and mechanisms to address these. I contend that resource lack is a factor, but nevertheless insist that not all delays and nonimplementations can be attributed to this. A more robust regime of implementation is required to resolve the day-to-day problems of the citizenry which find exacerbated articulation among minorities in certain instances.
Citizenship rights can resolve many anomalies but subject to the qualification of adequate constitutional provision to insulate the citizen from the politician or the powerful. They therefore are predicated on there being adequate systemic checks and balances to correct institutional flaws in terms of transparency and accountability. They are not about special privileges for anyone but about ensuring equality across the board.
I submit that the 1978 Constitution is patently anti-citizen and that well-being is largely dependent on the benevolence of the powerful. Given power imbalances across society the overall health of society is therefore a lottery. This needs to be corrected immediately so that institutional arrangement is sturdy enough to override whim and fancy of particular ruler. I submit that the 18th Amendment was a step back in terms of this objective and that whatever ‘resolution’ of minority grievance that ensues would be in the form of ruler-largesse and not citizenship right.
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However what would be the probability of the above mentioned changes realising? An empirical investigation into the power relations of the present political scenario should question: ‘who decides?’, ‘who benefits?’ and ‘Will the powerful rearrange institutions that are/were arranged previously to guard their positions to perpetuate eternally?
Will/Can the Idealist succeed over Realists?
Answers to many of the questions raised in the comments concerning the devolution of powers could be found in the following article -
Devolution of powers under the 13th Amendment in Sri Lanka: Fact or Fiction ? http://groundviews.org/2009/07/19/devolution-of-powers-under-the-13th-amendment-in-sri-lanka-fact-or-fiction/ which was published in groundviews a couple of years ago.
The writer of that article is said to be one of the Secretaries of the first Provincial Council of the Western Province and he had clearly shown from his experience in the operation of the 13th Amendment that though it appears that powers in respect of stated subjects had been devolved, in actual fact there is no meaningful devolution of powers under the 13th Amendment to the Constitution.