Starting Point of Realistic Reform is Implementation of the 13th Amendment
by Dayan Jayatilleka
We have a once –in-generations chance to re-found Sri Lanka, to build Sri Lanka anew. To do so, we must be both hard and soft; and vigilant as hawks and as conciliatory as doves. We must be hard enough to obliterate what is left of the LTTE as an organization and surgically pre-empt any attempts at re-emergence, be they local or Diaspora-based and originated. We must be soft and malleable enough to arrive at a consensus with the non-Tiger Tamils as to the shape of the Sri Lanka we wish to build and live in.
Where do we start? With renovation, I suggest. The only available starting point is modest and realistic reform, namely the implementation of the 13th amendment to the Sri Lankan constitution, because it represents the broadest available consensus between the Sri Lankan state and a section on non-Tiger Tamils as well as the Sri Lankan and Indian states. It represents the triangular intersection of the anti-Tiger elements of the “Tamil armed resistance” (as Kethesh Loganathan used to call it), and the Colombo and New Delhi governments.
The day after our Thirty Years War ended this year, a top level Indian delegation paid a call on the President and the joint press statement that ensued ( May 21st) not only contained a commitment by the Government of Sri Lanka to implement the 13th amendment but to explore possibilities of a further movement through dialogue.
The why of it is that 70 million Tamils will not go away from the demographic makeup of India ; a significant percentage of them will always be concerned about the fate of their ethnic kin in Sri Lanka , constituting a political factor that no government at the centre will ignore. Furthermore, no government at the Centre will risk a significant degree of alienation of Tamil Nadu, on the basis that the latter does not care about the fate of Sri Lanka ’s Tamils. We Sri Lankan Sinhalese could very well argue that it is none of their or anybody else’s business but our own, but that is just not the way the world works. As Mervyn de Silva wrote “in the age of identity, ethnicity walks on water”. Look at the intervention or counter-intervention of Russia on behalf of the South Ossetians in the face of a Georgian military offensive. (The Indian conduct of 1987 was a perfect precursor of this). The 13th amendment is the concrete expression of the Indian concern balanced off with Sri Lanka ’s sovereignty. Several scholarly texts, from different viewpoints, shed light on this nexus and its evolution. I refer to those by KM de Silva, Shelton Kodikara, John Gooneratne and Urmila Phadnis.
Sovereignty not only has to be asserted, it has to be defended and defensible. Sri Lanka cannot defend its sovereignty against all comers from all points of the compass, North and South, West and East. It can defend its sovereignty only by power balancing in a multi-polar world. Starkly put, if we lose India , we even lose the Non-aligned Movement, and (as we saw in 1987) we are left naked.
Any attempt at erasure of the 13th amendment will only open the door to greater not lesser concessions because we shall be dealing with a globalized world and the Obama factor as well. Between 1987 and today falls the breakup of the USSR and Yugoslavia , the dawn of the new century and the information age, the emergence of Obama etc. In short, it is better not to re-open the issue of the 13th amendment because we could find that the point of equilibrium stops above and beyond it.
There are minority grievances and there are minority aspirations. The latter are neither imaginary nor unwarranted. That which Virginia Woolf asserted on behalf of women writers is true of human beings in general: A Room with a View. It is part of the human condition that every individual requires an irreducible minimum of space in which to assert one’s distinctive identity and grow, without domination or interference from others. Every civic group needs political and cultural space. That is the bedrock argument for some measure of self rule or autonomy. It is rather different in the United States or France , where the Constitution does not privilege the culture or religion of any community, and there cannot be said to be – nor are there claims to being – a dominant ethnic, or ethno-religious community. The US is a melting pot, a classic case of cultural fusion and change, while the French Republic is sternly secular, with neither veils nor crosses allowed in schools.
Some states and societies are a hybrid, such as India, which has a secular Constitution, a pluralist society (the Prime Minister is a Sikh, the most powerful politician is of Italian origin, the most powerful political family is mixed race) but also provides sufficient space for its constituent communities in the form of a quasi federal system and linguistic states.
Tamil grievances remain from 1951, (if not from DS Senanayakae’s Pan Sinhala Cabinet) when Senator Nadesan voiced his dissent over the National Flag. We are far from a situation in which society is integrated, discrimination is aggressively tackled and the state is neutral between communities. In such a context, where one individual is not the equal of the other and one community has more privileges than the other, it is the case the world over, that collectivities with their distinctive identities and inhabiting recognizable geographic areas over long periods, tend to seek some political space and measure of self rule/self governance.
I cannot think of any state in the world, and I work among 193, that does not hold that Sri Lanka’s Tamils deserve and require equal rights in practice, as well as some autonomous political space, be it devolution of power to autonomous regions or provinces ( as in Britain or China) or something more. I repeat, the 13th amendment is the most modest and economical of these arrangements as far as the majority goes.
The 13th amendment may not solve grievances, but certainly addresses them. Does the Parliamentary or Presidential system solve the grievances of the Sinhalese or the majority of ordinary people or the poor? Obviously not, but this does not lead to the conclusion that these institutions and practices should be dumped in the trash-can because they simply devolve power to politicians and Ministers. They must be retained because, as Churchill said of democracy, they are the worst, save all others.
Political accommodation and reconciliation are not possible on the basis of majoritarian unilateralism. It requires a consensus, a common denominator between the communities. It would be difficult for the Sinhalese to find any of their fellow Tamil (and Muslim?) citizens who could be accommodated short of the implementation of the 13th amendment at the very least. If someone could name a single Tamil political party or leading personality who is willing to settle for anything short of the 13th amendment, I would be pleasantly surprised. What he or she will discover is that even purely domestic political accommodation between the communities/ethnic collectivities is impossible other than on the basis of the 13th amendment at the minimum.
There is a major distinction between Sri Lankans being at the centre of sorting out Sri Lankan problems, and Sri Lankan problems being capable of sorting out exclusively by Sri Lankans. That is the kind of isolationist position I have never held. My unit of analysis has always been the world system taken as single whole, a complex unevenly structured totality, and this is all the more relevant now that we are faced with the threat of a global protracted struggle with Tamil secessionism. If the battlefield is global, our analysis cannot be purely local. Sri Lanka ’s sovereignty must be defended mainly by our efforts, but cannot be defended solely or exclusively by them, and must be defended by a broad united front or concentric circles of alliances. Full if graduated implementation of the 13th Amendment, i.e. the fullest possible devolution of powers within our Constitution, is an essential part of the minimum political programme on which such a global united front can be built and sustained.
Narrow nationalism is an inadequate basis for the defense of the national interest, which is why the greatest of nationalists or more correctly, patriots, were also the greatest of internationalists. An example would be Fidel Castro who never tires of quoting Cuba ’s 19th century national hero, Jose Marti as saying “Homeland is humanity”. And Ho Chi Minh, (the Vietnamese nation’s beloved “Uncle Ho”) who reminded us that “Nothing is More Precious than Independence and Freedom” but also recalled (as a founder of the French Communist Party and the Communist International) the correctness of Frederick Engels’ dictum that “Freedom is the recognition of necessity”. I commend the full implementation of the 13th amendment at least as a tough-minded Engelsian recognition of necessity as both prerequisite and corollary of freedom.
Prof Senaka Bandaranaike discerns a pattern in ancient Sri Lankan history of being ahead of the rest of the subcontinent on occasions, but never being able to achieve a decisive breakthrough and sustain it. This happened at least three times, he once said in a lecture I attended. We now have another chance. It is as if we have obtained a second Independence , when we were ahead of the game in the rest of Asia but we then blew it. Let’s not blow it yet again.
(These are the strictly personal views of the writer).
36 Comments
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Oh..... it's the unlucky 13 again.
DJ... have you ever seen a middle finger pointed at you?
Rajapakse Brothers just did to you.
:-)
Dear Dayan
Appriciate the contents of your article. In fact,Sinhalese and Tamils both of us originated from India. So our old homeland is India.We were two brothers in one old home. Singhalese and Tamils both are same in colors and other features ,no one could separate these two by appearance.Only deference is language and religion.So it is highly strange why we are unable to consolidate for one country. Idian Prime Minister is sheik and sheik is 5% of the population in India. The country leader Sonia is Italian as you explained in your article. The last president ,internationally recognized intellectual, Mr Abdul Kalam was Muslim.So it is the nearest and most valuable example for us to follow. In my veiw the Sri Lanka,s problem is a one created by foolish political leeders in Sri Lanka after 1948.At the time the chauvinists in Sri Lanka set fire to public properties and made a huge loss to the country in 1987 ,the then president was brave to introduce the 13 amendment and he did not care the handful of chauvinists.Likewise I hope the current president too will implement the amendment without further delay. As you help the government, we hope you would advise and support the the govt to do it without further delay in order to avoid further isolation of Sri Lanka from rest of the world.Most of Sri Lankan do not realize the importance of world community for Sri Lanka. In our grade 6 we studied Sri Lanka Economy depend on international economy/trade. Our international market is centralized around western nations.So we have to give due regard for them. Even in the last war the western countries helped us lot. The biggest navy vessel we have, was donated to us by US and they gave maximum support to destroy the 10 LTTE war ships in recent past. I think we have already forgotten them.My view is if we had implemented the 13th amendment before finishing the war we would have avoided lot of damages caused to civil lives and properties which roughly value today around US 4-5 billions plus many thousand human lives.
Thanks
Hello Dayan,
An excellent analysis,probably one of your best.Unfortunately you are trying to preach to the converted.Instead of wasting your time and energy on us,you should sell your ides to self-righteous imbeciles like Champika Ranawaka.Cheers,Siva.
Dayan.J..... 13th ammendement is better said and done.
Implementation is the hazzle.
There are more way than one to overcome this issue.
What is 13th ammendment is all about ?
The province ruled with the language widely used as spoken by the masses and police powers to the rulers.
What are we trying to overcome? In my view, mainly it is the language barrier. Then a mini government to develop the region. Policing whether by the central or the provincial government will not be much of a difference.
it is the first issue mentioned here is the criterion. language whether it be for the northern province or for the Western Province.
Because, there are as much minorities living in either province. Hence, what is going to be greater or lesser concession in terms of language, to me the main criterion.
Devolution of power may work for a multi ethnic region such as Western province but for the Northern Province
what does it require?
To work and understand workings in the majority language.........
Therefore, it is not the 13th Ammendment that is required. To this writers contention, the onus is on the central government in that GOSL must first find a way to guanratee the SECURITY OF SAFETY of the tamil people. This to my view was the root cause of the militancy & agitation.
Then the GOSL required to assist people in whether sinhaloese or tamil to an avenue to attend to their need at Govt Institutions.Ex: when making a complaint it should be done in the first language of the complainant. For this to effect smmothly, GOSL must provide INTERPRETERS AND TRANSLATORS to every govt department. This will make the minority confortable. Even, SP Tamilchelvam engaged the services of an interpreter (who is now in custody) to make him confortable.
Then, GOSL as in Singapore promote English for everyone.
And lastly, as Karuna recently said uplift the facilities in all major provincial towns to be equal to that of Colombo... Kandy ect.,
Lastly, Tamils people in the North know how to resurrect their lives and therefore GOSL to provide them adequate land to farm and guarantee a buy back for their produce.
Finally, let the Catholic Church hireachy be made aware that Pope Sylvester rejected the DESPOSYNI and the mother church AND that the Catholic Church and their NGO stooges in the North too had abandoned their Masters Teaching and had opted for the seat of power they promoted through Prabakaran & the LTTE thereby responsible for the decimation of the Sri Lanka Tamil Community. This is now evident and transparent. And the members of the Oblate Order of Mary Immacilate in serving the North are well and truly exposed.
In the circumstances, 13th Ammendment lead to Nowhere but the Sincererity of the GOSL in above matters prevail.
Who require the 13th Ammendment ?? It is the Chauvenistic Tamil Politicians, Internation Diaspora, The Church and their NGO stooges and the IC with hidden agenda.
Lets beware and act accordingly before the next tsunami is unleashed.
lets not divide Sri lanka in any form and it need not be as long as tamils are comfortable living outside the N & E and their safety is guranteed.
Hi Dayan ,
If you believe that the 13th amendment is the way to go forward, I have no problem with it. However, we do not have to identify Tamils as a benificiary of such action as the 13th amendment is applicable to whole country. So, look at this from a different angle as a constituional amendment for the whole country. If it satisfiy anyone,s aspirations, thats fine but do not isolate Tamils are the only benificiary. By lokking it from this angle, it will not be seen as an instrument to address the need of Tamils but a change that will be implemented for the country and the other local govenment bodies too will welcome such powers.
Sri Lanka is a small island. It cannot be compared to China or India. The Sinhala people are only some 20 million. If India's foreign policy depends on desires of 70 million of its Tamils, that's a shame, but I do not think it is. However, Sri Lanka should not be harassed by India because it is easier to do it than directly taking care of its Tamil citizens, whose living conditions are much worse than in Sri Lanka..
I do not know what is 13th amendment. It sounds like a way of dividing the island. When you have a large population of Tamils across the sea, physically demarcating a territory for the Tamils in Sri Lanka is a sure way to annex it to India that would eventually culminate in the entire island overrun by Tamils. That would be the end of a great civilization. It may be alright for communists who believe in a three tier society made up of the supreme command, the party loyalists and the downtrodden. Mr. Jayatileka praises Fidel Castro. Does he know that in Cuba the pale skin people enjoy special privileges over the blacks?
Sri Lanka won a war. Now it is the victor's privilege to implement its plans. I wish they make the society more homogeneous and equally developed. I hear they are implementing a language policy of teaching everyone both Sinhala and Tamil. Tribalism promoted in Iraq made Shiites and Sunnis separate. It is sad. Do not let that happen in Sri Lanka. Lankan Tamils get along well with the Sinhalese. More Sinhalese should be encouraged to settle down in the North.
Hope the SEGREGATION on the basis of ETHNICITY is made ILLEGAL so that someday we see almost similar proportion of all races in every part of the country. No division based on race religion is possible then. If it is done in decades all races will be mixed after mixed marriages and we will have a peaceful country, no one race trying to claim pieces of it.
Dayan,
I appreciate your effort. It carries more value than our.
Regards
R Maran
In addition to the 13th amendment, what is needed is not more devolution, but rather de-mahavamsaing Sri Lankan society
The mahavamsa being toxic to tamils and hindus, be taught later in high school, and not in elementary school.
Since in theory, both tamil and sinhalese are taught to every child, as an alternative to the mahavamsa in elementary school, I suggest that that the Tamil Epic Manimekalai, a tale about a tamil buddhist nun who visits Sri Lanka, be taught to every child in elementary school
I also urge Dayan to contact the Indian govt to arrange subsidised mass pilgrimage of sinhalese buddhists to Bodh Gaya, Sarnath, Nalanda, Ellora, Ajanta and other buddhist sites which are being renovated
The other necessary place to visit for every sinhalese buddhist is the Tibetan refugee camps in south India,
wherein a largely hindu govt has given shelter and rehab to a large number of buddhist refugees, despite the chinese threats
As Dayan is well aware, India is far more powerful today than in 1987 and will be the regional super power
for the forseeable future.
The split of the North and east provinces is alarming to India, not due to the tamil factor, but because in residual eastern province, muslims may be a majority
and India cant tolerate a muslim majority province due to security concerns
G.Parthasarathy on the 13th amendment
The July 1987 Indo-Sri Lankan Accord conferred substantial rights to the Tamil population in Sri Lanka. Such extensive devolution of powers had not been envisaged in earlier accords like the Bandarnaike-Chelvanyakan Pact or the Annexure C Plan of 1983. The Union government made a concerted effort in Tamil Nadu to explain how the legitimate rights of the Sri Lankan Tamils had been addressed and guaranteed under the accord. The extensive devolution of powers to the provincial assembly and the chief minister and the place of honour given to the Tamil language were highlighted.
People in Tamil Nadu also understood that the continuing ethnic conflict was undermining the country's national security interests because of the growing involvement of outside powers. There was also a widespread acknowledgement in Tamil Nadu that after having agreed to abide by the accord in a speech in Sudumalai, Prabhakaran had sought to undermine it, primarily because of his aversion to participating in democratic elections. His inclination has always been to seek absolute power through the bullet rather than the ballot.
Dear Dayan
All well said.
I write this with some good insight.
Implementation of the 13th Amendment in the East is a fiasco. It is a mechanism for government manipulation. The concurrent list that is supposed to be the last resort is being heavily used by the government to weaken democratic governance there.
The excuse they give is, there is lack of talents in the elected body and amongst Tamils. The elected Chief Minister does not have even powers to appoint a bus driver. His talented and knowledgeble Secretary is facing the government underhand sculduggery of expulsion in a cynical manner.
The governor is more powerful and the so called democratically elected leaders have become the rubber stamp of the government to play lip services and they are fearful of their fate. They are unable to express the heavy pressure put on them to maintain silence.
As a senior government official you are trying to portray a different picture. Please write about proper powersharing and empowerment without constraining to the tragically failing 13th amendment under this government.
R Jayadevan
This ideas should be confirmed by the exsisting political authority through implementing reality of the political devolution in practice. In this sence, relavant political fotce in this country , should be understand what kind of responsibilities and duties they have in emerging conterversial ideologies in regading 13th amendment or devolution in same political stage. So, THE MAIN POLITICAL PARTIES should have to political strategiies how to trckele such obstacles which was not happend in power political game in past. this ideas emphasised clear massage of the reality of the ethnic isse in this country and has giving and how to trackele it by accepting diplomatic approach.
Hello Dayan,
Well writen. I am very much conident that the mojority of Sri Lankans want to have this devolution and the rest too should be open minded for this positive deveopment in our beloved land's political history.
Francis
Dear Dayan,
With the LTTE and Piraphakaran out of the way let us see who is left to oppose the FULL implementation of the 13th amendment.
This is what you wrote in the article "Defense and Devolution" on Saturday, 23 August 2008 ....
"In a recent, widely reported speech in Canada, Prof Ratnajeevan Hoole, whose scholarly credentials I greatly respect, has made an incomplete identification of the choices facing the Tamil people. He lists separation, federalism and assimilation. Having obliquely indicated a preference for the first option, he rules it out as unfeasible. He concludes with a robust call for federalism through international involvement. Prof Hoole unwittingly gives comfort to those Sinhala extremists who argue that Tamil moderates are closet Eelamists who prefer Tamil Eelam if it were feasible, would settle for federalism only because separation is not an option at the moment and would stretch federalism to the point of separation if given half a chance." ....
It's interesting when Dayan say Prof Hoole "unwittingly" gives comfort to those "Sinhala extremists" ... Even when that learned professor explicitly say that best solution is eelam, you do not want to hear it ... Dayan gives a spin to the Hoole's idea with the word "unwittingly" ... Isn't it obvious to the reader that Dayan does not want to see the true nature/intentions of most tamils?
These people with idealogical baggages alway see problems through their coloured visions. They never want to see the actual truth. So, they are very dangerous even if they work with you for the same cause for long time. Open your eyes Dayan. How many tamils in it's diospora (800,000) would happily settle for something short of eealam? If there is a few, it's not because they are genuine, they are practical enough to wait and see for a openning towards eelam. Do not you think that you guys are working hard to make that openning by promoting 13 amendment?
Dear Sir,
I address you in the most humble and dignified fashion for what you have written above. It was interesting to note your mention of majoritarian utilitarianism and was sad that it was not further elaborated. The gist of your article is all about your passion to ensure the implementation of the 13th amendment. However I am a Sinhalese like you but take it from me that full implementation of the 13th Amendment will not see the light of the day as a result of ethno -centric and religio-minded majoritrian utilitarianism. Jeremy Benthem & Mill had it well explored in their own contexts with the analysis of geo- historical events. However for us in the morden age and in our contexts we see post Elam era as an era of kings and subjects. Dear Dayan, do you not see a greater polorized society in Sri Lanka after the war with the bitter images of kings and king makers emerging in the political market of Sri Lanka. With due respect I agree with you that India is the best example but they are far ahead of us in terms of Hegalian identification of necessity as freedom which they have in term attriuted to the exercise of their power and jurisdictions. But where are we?
One honest prediction, do not ever be surprised that the so called 13 amendment will see a stream of further amendments in favour of majoritarian utilitarians undermining the fantastic opportunity we have to create a new era. So I hope they will not blow it again.
Dear Dayan Jayatileke,
Excellent article. A must read for all Sri Lankans. It it is really funny, this is probably your only article where I, and many Sri lankans will agree 100% with you.. You should Translate this in to Sinhala and post it in the Sinhala media.
Your mission in Pre-VP era in Geneva can be "Succesful", however unsavoury it was for me. But now, You needed to enlightened the Sinhala Budhist polity, which has historically been led to an isolationist "Frog in the well", Myth driven, idea of what Sri Lanka should be. Just to site one example, K.M De Silva asserts that the biggest myth, prevalent among the Sinhalese is that they are the soul guardians of Budhism.
So Dayan, I pray that you will be blessed with the strength and courage to do what you have to do and say.
God bless Sri Lanka
Dear Dayan,
Can you remember What Waradaraja Perumal did some years ago? by they th 13 th amendment was not in implementataion.what is humorous of all is that you held the post of governor in the same provincce.I think just because you have a chance of working with sa called international community with the blessings of the government i request you not to betray any more the country of Sri lanka to west.As you have been doing till now.Sri lankans know well who you are.
Dear Mr Jayatilake
I am one of the thousands of converted from ''0 politics'' to ''trying to grasp politics''. Since we were 'liberated' from LTTE I have been scanning every word trying to figure out how the gov. will work out a solution which will make the Tamils feel they are truly a part of Sri Lanka and are not recipients of handouts from the majority and are tolerated by the majority (even if there are no further riots to hunt them down and burn them). I have read different view points – for and against the 13th Amendment. Since the majority (I am sure) may not know what the 13th Amendment entails, I request you to, on a separate Page explain to us lesser mortals (which may be the majority). If you could explain the pros and cons then the public will be educated and would be in a position to intelligently make a decision instead of having to depend on people like JVP and JHU who I am sure are putting the fear in to Sinhalese thinking Eelam is being handed over on a platter.
Aylanee
Dear Dr Dayan,
I was a vivid reader of Mr Mervin Silva's articles in Lanka guardian in the eighties. I am verry happy to see you follow the path of your father and I like your objective analysis. I had been to few of your lectures in sri Lanka before. You were right on many occations about JVP, LTTE and political climat in Sri lanka. I am writing in my own name (usualy I use screen name) to show my appeciaition and to support your stance.
Ajith Dharmakeerthi
13th amendment may not be the final solution, but it can serve as a starting point for confidence building in devolving power. All Tamil political parties that work with MR government stand for merged north - eastern province and going beyond the 13th amendment, at least in policy. it still has to be seen whether these parties will campaign for these policies in up coming local gov. elections.
On the contrary what we see is a campaign against 13th amendment by strong supporters of MR gov. State media is giving ample space for Weerasans and Ranawakas. There is no political campaign on devolution of power in Sinhala or English media within the country. Ministers who say 13th amendment will be implemented take a apologetic stand, saying that it has to be implemented because it is part of the constitution, not because of Tamil people have right to self rule,(internally).
The argument that Sri Lanka need to implement 13th amendment because International community is watching will not work among Sinhala people and Sinhala politicians as international community in their is a pro tiger -anti Sri Lanka set up!! That is what Cahmpika Ranawaka said in his book, "Koti Vinivideema" in early 2000. That is what media and gov. politicians has been saying over the last two years. They say International community is a myth, look at Myanmar!
Without a political campaign on devolution and rights of the Tamil people 13th amendment is bound to fail, in its implementation. Constitutionally speaking 13th amendment does not devolve power, it can be used to devolve only the central government is genuine. In Sri Lanka today you cannot speak of Tamil rights without being a traitor!
Dear Dayan:
The Day of Reckoning has arrived - sooner than we thought. I warned earlier the Buddhist Sinhala cabal will embarrass you eventually as well as Tissa Vitharna and all those bent on uniting our nation. Visionaries and men of peace as Neelan told it best "(the Sinhala extremist wing) will translate to the gullible Sinhala masses even minor concessions to Tamils as an engineered attack aimed at the heart of the Buddhist Sinhala motherland to divide it – albeit with external support" What more, this lot were ready to be fooled in 1958 when that politicized priest Somarama shot to death SWRD in cold-blood. And then we were made to look like idiots in the eyes of the world when some brilliant thinkers in the Buddhist fold decided to convert the assassin (in jail) to Christianity before he was hanged. The idea was that future records will show SWRD was killed not by a Buddhist priest but a Christian layman. Minister Champika Ranawake and the JHU warn MR & Bros now in stringent terms they will leave the Govt and move to break it – bringing the yellow-robed mullas to the streets – if the 13th Amendment is acted upon. Now MR will have to chose between his survival and his umpgteenth promises to India and the world- including what the Bros personally assured the Delhi Brahmins last week. You are caught in between and will very likely be made a scapegoat – an unpleasant prospect with your learning and foresight must surely have been in your mind for long. Mao's red book does say a Govt built on the foundations of contradictions is likely to collapse sooner than later. Clever Chinaman, he. But don't worry, son of illustrious parents, you will have your day and way in the Lankan political labyrinth. You will make your mark in trying to bring peace and unity to Sri Lanka - although you have made your mistakes in the present and the past. Being made sacrificial lamb cannot be new. To err, after all, is human as good friend the late Mervyn will in characteristic decency yield. By the way, is it possible the incarcerated astrologer Chandrasiri Bandara mahathmaya may know his game better than what he is given credit for?
This astrologer's incident is making headlines all over the world making our democracy a mockery.
ISS
Only a short while ago on this very same website I heard the Chorus scream that the 13th Amendment was Too Little and inadequate to satisfy the Tamil Communities so-called Grievances. That Tamils needed MORE. That was of course when the LTTE were Still alive and kicking. Now that they all lay Horizontal These same voices are crying for the 13th Amendment.
You see,.. For Tamils ....It will Never be enough. While they thought they could get a SEPARATE STATE...they pushed for one... now that Fantasy has been vaporized, they will push for the next possible thing.
Once again proving to us all that Tamils will only continue to Push for whatever they can get. They are not Satisfied with anything and while they have the ability to push they will just continue to do so as a Selfish Self-Centered Minority who have no interest in the Country of Sri Lanka as a whole. There is no point trying to "Placate" the Tamil minority. The Nation is not responsible to go behind this Whiney Minority to beg them to be a part of it and contribute to its prosperity. Tamils now need to step up and take responsibility and leave their ‘Communalist Ways’ behind. They should just be given the Dose of Reality in one shot, and that is that as individuals you are all equal, but as a Minority you are not entitled to anything more. Embrace the Nationalism of country. Show Loyalty to the Country. Or Leave it. Sri Lanka DOES NOT NEED YOU if you don't.
Dayan,
We've been at odds before but let me commend you on this article. Personally, I think 13th amendment is too little devolution for too much land. I believe that we should strictly impose the principle of equal entitlement and complete reciprocity if formulating a fair solution and that any devolved Province/State should be proportionate in size to the population that live in it. Still, I would support to the 13th amendment if it can be implemented. The need of the hour is a concession towards self determination for Tamils and the 13th amendment is better than no deal at all.
Well said Devinda.
“Ask not what your country can do for you - ask what you can do for your country”
JFK
I would be the first to accept the 13th Amendment if it would work. Unfortunately, it cannot work. In fact, instead of bringing the three communities together, it will cause even more division. It might work in any other province than the North or East because there will be (or could be) a fair distribution of ethnic origin among the PC Ministers of the other provinces. But in the East, where already the PC is heavily weighted with Tamil politicians, a Sinhalese or Muslim cannot be given impartial treatment because the Tamil Minister MUST favour the Tamils in order to be assured of re-election at the next hustings. Imagine a Sinhalese farmer in the East appearing before a Tamil PC minister regarding an application for water rights. Imagine a Sinhalese farmer in the North (if there ever will be Sinhalese farmer in that province that has been ethnically cleansed of Sinhalese). That farmer, if unfairly dealt with, will not even be able to obtain redress.
This will not happen if there are no PCs and the present system of GAs and reps of Government Departments handle issues (as at present). Even if the GA and some of the reps of Departments (such as, for example, Land and Irrigation), in the North or East are Tamil, a Sinhalese or Muslim farmer, if they feel unfairly dealt with, has recourse to redress at a higher level. In fact, today, with better communications, we should endeavour to centralise administration for more effective and more equitable distribution of government services.
Consider also, that even with the 13th Amendment; the GA system continues to operate. In fact, it is the GA who administers the districts, as the PCs have no control over the GA. As a result, the PCs are more or less pretending to “administer” the Provinces, while in fact administration is yet handled by the central government via the GAs and branches of government departments located in the district. The various Municipalities continue to handle the day-to-day need of the people such as utilities, town planning, etc. The 13th Amendment is therefore a completely unnecessary white elephant.
In the North and East, however, they, while remaining completely unnecessary from an administrative point of view, provides a stage for the same kind of political activism that led to the Tamil insurgency of 1980 (Note that I am not calling it a civil war, but an insurgency, to be exact, an insurgency led by a megalomaniac called Chelvanayagam that was hijacked by a gang of mercenaries (the LTTE were hired by the Tamil politicians to carry out the militancy they determined to introduce at the Vadukkodai conference) who attempted to create a mafia state for themselves as a base for their international criminal activities.) In the Northern and Eastern provinces, the Tamil politicians will utilise the licence for political dialogue to attempt yet another political uprising demanding more and more powers until they either obtain full administrative control over the provinces or an UDI.
The Northern Province is particularly suited for such an UDI because it is 100% Tamil, and the PC in the NP will be an entity that will be acceptable to the International Community and the UN as being perfectly legitimate in calling for such an UDI because ALL its citizens are Tamil, its representatives have been appointed by the people of the province by ballot and therefore it represents the legitimate aspirations of the people. This means that India has introduced a Trojan Horse which will lead to an inevitable creation of a separate state at least in the Northern Province, whether it will be called Ealaam or something else. The next step will be agreements with Tamil Nadu for “mutual economic and security development” (or whatever), followed by, possibly, the joining up with the Eastern Province. This separation will be entirely political, created in the international political space, fomented through the existing very effective worldwide Tamil propaganda organisation. Sri Lanka’s much vaunted armed forces will have no targets to aim at and will be able to do nothing to prevent it.
This is why the 13th Amendment should never be permitted to surface except as a fop to an agreement made under duress between SL and India. India may feel smug at the moment about putting this over Sri Lanka, but will have to laugh from the other side of her face when the newly-formed alliance between Ealaam (or whatever its going to be called), is used as a base to leverage the creation of Dravidasthan, comprising the Tamil speaking states of India, something the Tamils have been prevented from achieving because of the Indian Parliamentary Act that prevents secession, which will have no weight in Ealaam. After Ealaam, the same worldwide propaganda organisation will be used to orchestrate the creation of Dravidasthan.
Besides, I think its time we all accept, that it is not the Tamil people who have aspirations for the Tamils, but the Tamil politicians, and it has always been so. 55% of the Tamils of Sri Lanka have been living among the Sinhalese, Muslims, Burghers, Parsis and others communities in the rest of Sri Lanka for centuries without any problem of discrimination or harassment, other than on the few occasions when Tamil politicians lit the fire of dissent. The Tamils, Sinhalese and Muslims in the Eastern province have been living amicably together for as long until the fires of communal dissent were lit in 1976 by Chelvanayagam, as he did in 1958, 1972 and 1977 for his own selfish reasons. I am positive that if we remove the Tamil politicians from the equation and introduce true equality for all citizens of Sri Lanka, it will lead to the same communal harmony Sri Lanka enjoyed before Chelvanayagam opened the Pandora’sBox of Tamil militancy at Vadukkodai in 1976.
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An Erroneous Statement:
Jayatileke's statement that D.S.Senanayake's cabinet was " Pan Sinhala " is incorrect. As I recall , G.G.Ponnambalam ( Leader of the All Ceylon Tamil Congress ) and T.B.Jayah ( a Malay ) were in the cabinet of ministers.
The provincial council system under 13 amendment must demolish.Provincial council is a white elephant.In a year 80% of money wasting for salaries and maintainance work in any Provincial council.Less than 20% for development work. Shall we continue this or stop it? I"m not against power sharing,but our politicians seriously think about this.
What Dayan has not spelled out directly is that
India controls the votes of Russia, Nepal, Mauritius, Vietnam and Iran directly regarding Sri Lanka
and many more non-aligned countries indirectly
With the west already pissed off, putting IMF loans and textile quotas and tourists at risk, the only remaining lifeline is the Indian free trade agreement
Sunanda wrote
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They say International community is a myth, look at Myanmar!
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In Myanmar, the only 2 countries that matter are India and China
Since China is on the Myanmar border, India is worried about chinese influence in Myanmar and feels it has to be friendly with the Myanmar generals to limit chinese influence
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In Sri Lanka, china is too far away to help, and the only country that matters is India
That was true in 1987, when Jayawardene found out the hard way and still true today
If Jayawardene had not bent after the food drop, there was a backup Indian plan to forcibly do a Turkish Cyprus solution on Lanka
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Yes, Sri Lanka does not need to worry about the international community, but it needs to worry about pissing off India by causing loss of face for India, if the 13th amendment is not implemented
Devinda wrote
Only a short while ago on this very same website I heard the Chorus scream that the 13th Amendment was Too Little and inadequate to satisfy the Tamil Communities so-called Grievances. That Tamils needed MORE. That was of course when the LTTE were Still alive and kicking. Now that they all lay Horizontal These same voices are crying for the 13th Amendment.
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Note Dayan is calling for 13th amendment to appease India, not appease the tamils
Every national political party in India, Congress, Communists, BJP, and important journalists N.Ram of Hindu, Cho, all ask for the 13th amendment
In fact there is unanimity among the Indian establishment on the 13th amendment
This was true even when the LTTE captured elephant pass in 2000
Before Rajiv signed the 1987 treaty, he got unanimous approval from all Indian parties, as well as the US president and the Russian leader
Dayan knows well that the Tamil voices can be ignored
Dayan also knows is extremely unwise to ignore the Indian establishment
What SRI LANKA requires IS NOT the 13th Amendment:
These are:
1. Electoral Reform
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* Make the AGA the electoral district
* Make preferential system of election for that AGA electoral district.
*There will be 319 MP.
Give money to the group of elected MPs from AGA ->District->Province to develop that Province.
Recruit Police from the the Porvince for up to a certain level.
Make recruitment Provincial Based.
Constitutional Changes:
* Done after majority of MPs from each province approves the change.
*2/3 pass the changee in the Parliament.
2 test passed then constitution can be changed.
This is ALL required.
We must give the devil its due. We appreciate the author’s candid proposal. He is even brave enough to contradict his Master that the solution to the ethnic problem need not be home grown but with international focus.
Well done DJ. But the land and police powers are yet to be devolved to the existing Eastern Provincial council???
Dayan passionately writes about the full implementation of the 13th Amendment to the Constitution of Sri Lanka.
His articles appear in the “Transcurrent” as well as in the Island newspaper.
When you go through his articles you come to a definite conclusion that ha had never read the 13th amendment.
It is rather pity because he should have been an expert as he had been a minister in the short lived NorthEast Provincial Council of Varatharajaperumal during 1988-89.
In one of his articles in the island he claims that 13A is now 13A minus because of
De- merger of North and East brought about by a Supreme court decision.
De-merger is a recurring theme in the 20 year old existence of the devolution debate.
But merger or demerger is not part of 13A
Dear Dayan even now you could read through the 13A and you will find no reference at all to merger or de-merger in the entire 13A.
The merger is only referred to in the Provincial Council Act No 42 of 1987.
Of course the merger has a prominent place in the Indo-Sri Lanka Agreement of 1987.
Anyone want to be a political analyst in Sri Lanka should have a through knowledge about 13A and about the ProvincialCouncil Act No 42 of 1987.
Dayan has only a vague idea about the 13A but he writes like an expert.
After going through so many personal views of Dayan, I am 100% certain that he is not aware of the 16th Amendment.
If he has no time to read through he could very well be enlightened by DEW.Gunesekara if he still has some links with him.
I earnestly appeal to all who are interested in the ethnic issue in Sri Lanka to study 13A and 16A before talking about 13A plus, 13A minus,Indian Quasi federal Constitution or to any other Federal Constitutions..
Dayan says "Tamil grievances remain from 1951, (if not from DS Senanayakae’s Pan Sinhala Cabinet) when Senator Nadesan voiced his dissent over the National Flag"
Why 1951? The National flag is only one among many.his decent refers only about the strips for Tamil and muslim communities exclude the Lion thereby separating Tamils and Muslims from Sinhalese.
Sinhala nationalist please note!
Senator Nadesan spoke for you even in 1951?
DS Senanaike had never had a pan Sinhala Government.
The Pan Sinhala Govt was during the State Council days in 1936?
Are you not sure of the facts?
Then silence is Golden!
KEEP UP THE GOOD WORK,DJ.NOT ONLY ARE YOUR ARGUMENTS WELL MADE BUT THEY HAVE THE NECESSARY PASSIONATE INTENSITY.AND DON'T BE INTIMIDATED BY THE UNREPENTENT RACISTS/FASCISTS WHO ARE SEEKING TO "DEBATE" YOU WITH SPECIOUS ARGUMENTS AND IRRELEVANT "HISTORY" IN THE ISLAND.IT IS "NOW" THAT MATTERS, NOT INSPIRED RECONSTRUCTIONS OF HISTORY.WHATIS TO BE DONE,LENIN ASKED.HE SHOULD HAVE ADDED "NOW' TO READ "WHAT IS TO BE DONE, NOW?"
rk