{"id":22819,"date":"2013-07-17T02:05:12","date_gmt":"2013-07-17T06:05:12","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=22819"},"modified":"2013-07-19T23:05:36","modified_gmt":"2013-07-20T03:05:36","slug":"dilution-of-devolution-via-amendment-to-13th-amendment-may-happen-after-northern-provincial-elections","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=22819","title":{"rendered":"Dilution of Devolution Via Amendment to 13th Amendment May happen After Northern Provincial Elections"},"content":{"rendered":"

By<\/p>\n

Upul Joseph Fernando<\/strong><\/p>\n


\n“If Northern elections are held without removing police and land powers from the 13th Amendment, I will resign from my ministerial portfolio.”<\/em><\/p>\n


\n\u2013 Wimal Weerawansa
\n01.05. 2013<\/strong><\/p>\n

As is evident now, Mahinda Rajapaksa, is planning to go ahead with the Northern Provincial Council (NPC) elections, with police and land powers intact. Yet, there is no indication of Wimal Weerawansa resigning from the Cabinet, as proclaimed by him in the above quotation.<\/p>\n

Weerawansa’s conspicuous silence on the issue could be because of two reasons \u2013 either he doesn’t want to lose his ministerial portfolio by revisiting his promise or Mahinda Rajapaksa may have given a conspiratorial undertaking after the election, action will be taken to withdraw police and land powers from the Northern Provincial Council.<\/p>\n

The rumour mills have churned up many a likely scenario in this matter, further compounding the 13A conundrum. Some believe India had warned the government against any pre-election change to the existing provisions of the 13th Amendment; albeit leaving the door open for such action sometime in the future, if needed. A government big wig called it a trap.<\/p>\n

<\/p>\n

However, another stream of thought has a different interpretation of the developing situation. According to him, India wants the Tamil National Alliance (TNA) to win the election and form the provincial government. Thereafter, presumably India believes TNA would claim legitimacy to retaining police and land powers as the people had elected them to a Council having unfettered rights to them. Going another step further, the TNA could as the first official action of the new administration, pass a resolution opposing the removal of police and land powers from the Council. Even Douglas Devananda, who is most likely to be in the opposition of the Council, would vote for it.<\/p>\n

Once the council has been set up on electoral success, the administration could even seek India’s help to retain police and land powers, as it has a responsibility to do so as the architect of the 13th Amendment.<\/p>\n

When President Premadasa planned to bring amendments to the Constitution, to enable him to dissolve the North-Eastern Provincial Council as wished for by the LTTE in 1988, India intervened to thwart him.<\/p>\n

India’s action<\/strong><\/p>\n

The action is described in great detail in the following extract from Indian Intervention in Sri Lanka.<\/p>\n

On India’s Republic Day, 26 January, Indian High Commissioner L.L. Mehrotra, referring to the IPKF said:<\/p>\n

“Having discharged its responsibility with considerable sacrifice over a period of two years, the IPKF has recommenced de-inductions in the context of the Joint Communiqu\u00e9s of 28 July and 18 September 1989 and subsequent discussions between our governments in December 1989 and January 1900 in New Delhi. The IPKF does so at a time when all Tamil militant groups have entered the political mainstream or have undertaken to do so and when all efforts are being made to bring about a ceasefire among them. The process of de-inductions is proposed to be completed by 31 March 1990 as stated by the External Affairs Minister of India in the Indian Parliament, recently.”<\/p>\n

As the date of the withdrawal of the Indian forces from Sri Lanka came near, the relationship between the Government of Sri Lanka and the LTTE strengthened and that with the EPRLF (Eelam People’s Revolutionary Liberation Front) weakened. The EPRLF felt that Colombo had taken them as well as the North-East Provincial Council for a ride. They claimed that at the Thimpu talks of 1985, and subsequently, the Sri Lanka Government had promised the Tamils autonomy “which will be in no way less than the powers enjoyed by the states of India.” The EPRLF claimed that this formed the basis for the Tamils to have given up their demand for Eelam and accepted the Accord. However, the 13th Amendment to the Constitution, which was for the purpose of setting up “The Provincial Governments fell far short of the aspirations of the Tamils of Sri Lanka.”<\/p>\n

The EPRLF accused Colombo for having ‘concealed’ the text of the Amendment from the Tamil parties of Sri Lanka, and “without consulting the Government of India.” The EPRLF submitted a document to New Delhi, identifying the areas the Sri Lanka Government had pledged but failed to devolve power to the Tamils. But, New Delhi could not go back on the deadline; therefore, RAW continued to covertly strengthen the TNA, which was gradually falling apart. In context, the point of view of the EPRLF was that, “the Government of Sri Lanka had armed a guerrilla force to destabilize the Provincial Government, a legally constituted and duly elected body. If we took a hard-line that was because the government in Colombo resorted to adventurism of subverting its constitution politically, by not implementing the 13th Amendment to the Constitution and by arming the LTTE.”<\/p>\n

On 8 February, Foreign Minister Ranjan Wijeratne said at a post Cabinet press briefing that Chief Minister Perumal (Varadaraja) has left the country and returned without informing the government. The minister was referring to the visit of the Chief Minister to India for talks in mid-January and his return on 7 February. Wijeratne said the government will ask him how he left the country. “Action will be taken against him under the normal laws of the country. We will ask the immigration and the customs officials to find out how Perumal left the country and arrived without going through the procedures of the country.” Stating that he had not sought the permission to leave the country and that, as Chief Minister, he should have informed the government, Wijeratne said, “We don’t know whether the North-Eastern Chief Minister brought gold, drugs, illegal arms or currency. For this reason, he should have been searched on his arrival. He should have gone through the laws of the country.” Responding to questions by Sri Lankan and foreign media men, the Minister of Foreign Affairs said, “Perumal gets into an IPKF plane and scoots off. Our officers don’t have the opportunity of checking him. This is why we want the IPKF out of our country. Perumal should understand that he is a Sri Lankan.”<\/p>\n

By February, 2000 CVF (Civilian Volunteer Force) personnel had deserted their posts in the Northeast with the S-84 weapons issued to them by the government. CVF personnel, mostly members of EPRLF, ENDLF and TELO trained by IPKF had left the Northeast in stages coinciding with the withdrawal of the IPKF. Many fled to India. Constituent groups of the TNC privately admitted the ‘strategic error’ they had made by forcibly conscripting youth for their army. Even though most were self critical of the method.<\/p>\n

Of recruitment and not the process itself, others felt that this would have deprived the LTTE, who were also competing for the same pool of Tamil youth to recruit for their movement of these youth. With the departure of the last IPKF contingent from Vadamarachchi, Jaffna on 23 February 1990, the LTTE began their political activity in Vavuniya, Mulativu (Mullaitivu), Mannar, Kilinochchi, Trincomalee, Amparai and Batticaloa. LTTE political activity started in areas bordering the jungles and spread to the towns. Mahattaya, the deputy leader of the party and head of the political wing told Shamindra Fernando, a defence writer who met the LTTE in Omanthai 20 miles from Vavuniya town, “Tigers view that the Indian Government has no further role to play in Sri Lanka, politically or militarily.” The LTTE deputy leader had also identified the 1987 food drop over the northern peninsula as interference in Sri Lanka’s internal affairs.<\/p>\n

Eelam \u2013 an ultimatum<\/strong><\/p>\n

On 25 February 1990, the Central Committee of the EPRLF issued a 19 point charter forwarding “…. the conditions that had to be satisfied for the Eelam Tamils to exercise their right to self determination, within a united Sri Lanka.” The charter spelt out the “modalities for the formation of an interim provincial government…..” On 1 March, Chief Minister Perumal moved a resolution which “converted the North-East Provincial Council into a Constituent State Assembly for the purpose of drafting a constitution of the Eelam Democratic Republic which would take effects from March 1, 1991, if the Sri Lankan Government fails to implement the 19 demands. The demands were:<\/p>\n

Powers should be devolved in all the subjects on the North-East Provincial Government, not be less than the powers enjoyed by the Indian States. The relationship in administration and finance between the Central Government and North-East Provincial Government should not be less than the relationship between Indian Central Government and State Governments.<\/p>\n

It should be assumed that the North-East Province will not be bifurcated at any stage in any way and it will continue to be one Province;<\/p>\n

All State land within the North-East Province shall be vested in the North-East Provincial Government. All land development, land alienation of State land and colonization on State land shall vest in the North-East Government without leaving room for misinterpretation.<\/p>\n

When President Ranasinghe Premadasa planned to bring amendments to the Constitution, to enable him to dissolve the North-Eastern Provincial Council as wished for by the LTTE in 1988, India intervened to thwart him. The action is described in great detail in the following extract from Indian Intervention in Sri Lanka by Rohan Gunaratna:<\/p>\n

Although the demand that all Sinhala colonization, which took place after the Bandaranaike-Chelvanayagam pact in 1957, are unlawful and should be disbanded is reasonable, but, for the reason that relationship between the various communities should be safeguarded. We propose the following on Sinhala colonization.<\/p>\n

(a) All Sinhala colonization deliberately carried out by the United National Party Government after 1977 should be disbanded and the Sinhalese should be settled in their original province or in any other Sinhala province;
\n(b) In order to find a political solution in respect of Sinhala colonization done prior to 1977, determination and demarcation of new boundaries of North-East Province should be done with the consent and unanimous decision of all the Tamil Political parties. Sinhala villages in the North-East Province adjoining to the Sinhala Province could be linked with Sinhala Province. At the same time for the substitution of it, the same extent of fertile forest land from a Sinhala Province shall be linked with the North-East Province. The re-adjustment and demarcations of boundaries of North-East Province should not disturb the contiguity of the province or affect the safe transfer within the province. The boundaries of North-East Province such as from Point Pedro to Kumbukkam Aru and from Muhathuvara Aru to Trincomalee should not be changed for any reason.<\/p>\n

Today, the Sri Lankan State Security Force is only a Sinhalese Force. Out of the 32,000 personnel in the Police Force only 740 are Tamil-speaking. Out of 64,000 in the three armed forces ony about 600 are Tamil speaking. To change this situation and for the State Forces to change qualitatively into a National Force in a country inhabited by many nationalities, the Sri Lankan Sinhala State Forces should change into a National State Force, personnel from the Tamil-speaking community should be enrolled to the Police Force in a way which would maintain national ethnic ratio. This was accepted by the Sri Lankan Government at the Security Coordinating Committee Meeting to implement in three years time. They have also placed their signatures in acceptance. Within the first three months 25% to be enrolled before the end of 1990 and the remaining 50% to be enrolled to the State Forces before the end of 1992 and by January 1993 the Sri Lankan Armed Forces will become a National Force. This form will apply to the National Police Force as well;<\/p>\n

Recruitment to police<\/p>\n

Earlier, the Sri Lankan Government accepted at the Security Coordinating Committee Meeting that the Provincial Government will have 9,500 Police personnel in the Province in a way that the ethnic ratio is brought out.50% has to be recruited within the first three months. Before the end of 1990, the Provincial Police system should function in full;
\n Bases of the three forces can ony function in the following places in the North-East Province:<\/p>\n

(a) Palali Army Camp;
\n(b) Karainagar Naval Base;
\n(c) Thalladi Army Camp;
\n(d) Vavuniya Josop Camp;
\n(e) Trincomalee Naval Base;
\n(f) Trincomalee Air Force Base;
\n(g) Ampara Kondaivedduvan Army Camp<\/p>\n

All other bases other than those mentioned should be dismantled. There can be no interference by the forces in civil administration without the permission of the Provincial Government;
\nAny person who is not registered as a resident of the North-East Province will not have the right to vote in the<\/p>\n

North-East Province;<\/p>\n

As the Sinhalese constitute 73% of the National population, it is a common occurrence in the political history of Sri Lanka to deprive the Tamil speaking people of their political and economical rights by making use of Parliament. As such it is necessary to establish a second chamber to the Parliament with equal representation for nationalities to safeguard the political, economic, cultural, religious and security rights. This chamber should be established in such a way that it could prevent communal legislation;<\/p>\n

The Army should be removed from Fort Frederick in Trincomalee where the Konesar Temple is situated. This area should be declared as a sacred area for Hindus and it should be brought under the administration of the North-East Provincial Government. Similarly, the army and the prison should be removed from the Jaffna Fort and the Kayts Sea Fort and they should be declared museums where rare articles of value would be exhibited to the public. The administration of these Forts should also come under the North-East Provincial Government.
\nThe administration of all places of worship in the North-East Province should come under the administration of the North-East Provincial Government;<\/p>\n

Foreign countries and International agencies have agreed to donate 550 million dollars for rehabilitation and reconstruction in the North-East. The Sri Lankan Government has to add 20% of this amount, the total amount for Rehabilitation and Reconstruction will be 25,000 million rupees in Sri Lankan currency. This amount should be credited to the North-East Provincial Government. Our past experience has been that the Sri Lankan Government created conditions by which we would not make use of these funds for rehabilitation and reconstruction in the proper way and further more these funds have been diverted to Sinhala Provinces. As such, donations for rehabilitation and reconstruction should be left to the authority of the North-East Provincial Government;<\/p>\n

Upcountry Tamils<\/p>\n

The Tamils living in the upcountry are continuing to face oppression and suppression of the Sri Lankan Government and the Sinhala racial forces for over the last forty years. Over 5 lakhs of them have been repatriated to India. Those remaining there are living with no definite hopes for the future. They have been made political orphans amidst economic exploitation, discrimination, Sinhalese colonization and violent aggression by the Sinhalese racists. In order to change this situation a new Province and a Provincial Government should be created in the upcountry where the upcountry Tamils will be in a majority. In the event of such a Provincial Council being created for the upcountry Tamils, the Tamils would extend their co-operation for the creation of a Provincial Council where the Muslims will be in a majority, by linking areas such as Kalmunai, Akkaraipattu and Sammanturai. A Tamil Council in the upcountry and a Muslim Council in the North-East should have at least minimum rights in possession of lands, economic rights, basic political rights, cultural and religious rights, education, employment and social services. Those Councils should have the right to safeguard these basic rights\u2019.<\/p>\n

The Provincial Government should have the powers to negotiate with foreign countries of foreign agencies regarding investments and donations. In the event of the negotiations ending successfully decisions arrived at these negotiations if are not contrary to the general foreign policy and the general economic policy of the Sri Lanka Government, legal and administrative arrangements should be made for these donations and investments to reach the North-East Provincial Government unhindered;<\/p>\n

The Provincial Government should have legal rights not less than the rights enjoyed by the private sector in the establishment and maintenance of economic institutions;
\nThe Provincial Government should have legislative and executive powers as far as residual matters of the constitutions are concerned;
\nMossad, South African, British Army Intelligence Services and International Agencies such KMS and the SAS stationed and operating in Sri Lanka should be expelled from Sri Lanka immediately;
\nThe Special Task force should be sent out of the North-East Province. They should never be allowed to come into the North-East Province at any time;<\/p>\n

The Prevention of Terrorism Act which is presently operative in Sri Lanka should be fully done away with. The Emergency Regulation should be repealed and all persons arrested under Emergency Regulations should be tried under the normal criminal laws of the country;<\/p>\n

Departure of the IPKF<\/p>\n

This resolution was passed by a majority. The Government of Sri Lanka ignored the 19 demands. The North-East Provincial Council began to function as the Provisional Government of an Independent and Sovereign Eelam Democratic Republic. After the unilateral declaration of Eelam, the Chief Minister and his entourage as well as the TNC constituents left Trincomalee for India in stages on March 6,11 and thereafter. The LTTE moved into positions held by the TNA. The Government of Sri Lanka continued talks with the LTTE in the hope that their demands will be more realistic but the LTTE was more demanding, but in stages. In context, Weerakoon states, \u201cOn the question of the separate State itself, the attitude of the LTTE during the talks had been that their striving for that objective would be dependent on the performance and sincerity shown by the government in moving forward with the political measures which had been discussed. These centred around the repeal of the Sixth Amendment to the Constitution (which decreed that all MPs should take an oath to safeguard the unity, integrity and sovereignty of Sri Lanka and eschew the promotion of separatism) and the dissolution of the North East Provincial Council (NEPC) to that the LTTE could contest and become the representative of the people of the North-East. The LTTE held that the EPRLF had only been able to obtain a majority of seats in the NEPC because the elections had been conducted while the IPKF was in control of the North and East.\u201d Weerakoon adds that the opportunity for dissolution of the Council came when the \u201cChief Ministers inexplicably announced his Unilateral Declaration of Independence in February 1990,\u201d Weerakoon further states:<\/p>\n

\u201cAll political parties in Parliament except the EPRLF condemned Varadarajah Perumal\u2019s move. Under the Provincial Council Law of 1987, one of the safeguards to guarantee some autonomy to the Provincial Council had been that the government could not dissolve a Provincial Council by Executive fiat. Vardharajah Perumal\u2019s UDI provided the opportunity for the government to bringing amending legislation which enabled the government to dissolve, where more than one half of the total membership of a Provincial Council expressly repudiated or manifestly disavowed obedience to the constitution.\u201d<\/p>\n

If the government tries to remove police and land powers from the NPC after it is established, India will leave no stone unturned to thwart any such attempt. Ultimately, whether he likes it or not, Mahinda Rajapaksa will have to put up with the 13A without any change whatsoever. He might most probably find it easier to be at war with Wimal Weerawansa and Champika Ranawaka than with India.<\/p>\n

COURTESY:CEYLON TODAY<\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Upul Joseph Fernando “If Northern elections are held without removing police and land powers from the 13th Amendment, I will resign from my ministerial portfolio.” \u2013 Wimal Weerawansa 01.05. 2013 As is evident now, Mahinda Rajapaksa, is planning to go ahead with the Northern Provincial Council (NPC) elections, with police and land powers intact. …<\/p>\n

Continue reading ‘Dilution of Devolution Via Amendment to 13th Amendment May happen After Northern Provincial Elections’ »<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[12],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/22819"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=22819"}],"version-history":[{"count":3,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/22819\/revisions"}],"predecessor-version":[{"id":22987,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/22819\/revisions\/22987"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}