{"id":38495,"date":"2015-02-13T01:31:12","date_gmt":"2015-02-13T06:31:12","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=38495"},"modified":"2015-02-13T21:52:29","modified_gmt":"2015-02-14T02:52:29","slug":"govt-must-start-dialogue-with-the-tna-about-a-permanent-solution-to-the-tamil-national-question","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=38495","title":{"rendered":"Govt must Start Dialogue with the TNA About a Permanent Solution to the Tamil National Question"},"content":{"rendered":"


\nBy<\/p>\n

M.A. Sumanthiran M.P.<\/strong><\/p>\n

This year\u2019s Independence Day marks a new era in Sri Lanka\u2019s political history. For the first time in a long time, Sri Lankans are hopeful. They dared to vote for change and they now expect to see it. Promises of an era of good governance, an end to the norm of rampant corruption, the revival of the Rule of Law and an end to the state of lawlessness, are no longer quite so empty.<\/p>\n

\"M.A.<\/a>

M.A. Sumanthiran MP paying tribute to S.J.V. Chelvanayagam in Batticaloa~May 2013<\/p><\/div>\n

A hallmark of the rule of the Rajapaksa regime was its blatant flouting of the law and the Constitution. This included its persistent refusal to implement the 13th Amendment to the Constitution – presently, the only concession in Sri Lanka\u2019s Constitution towards any kind of power sharing.<\/p>\n

The 13th Amendment is part of the Constitution \u2013 which is the supreme law of the country \u2013 and the previous government was in blatant violation of the law and the Constitution in its refusal to implement it. Perhaps in order to distract from the fact that it was in fact refusing to implement in full the highest law of the land, it created great controversy concerning the 13th Amendment, particularly with regard to land and police powers. On examining the content of the 13th Amendment it is clear however, that the bogeyman behind the 13th Amendment is, as bogeymen often are, not real.
\n
\nExecutive and legislative powers<\/strong><\/p>\n

In point of fact the 13th Amendment does not in any way measure upto the ideals enunciated in the Indo-Lanka Accord signed on the 29th of July 1987. The Indo-Lanka Accord is a bilateral international agreement between two sovereign countries and it behoves the signatories to honour every obligation contained in it. No country can avoid implementing any provision by even citing its municipal laws – according to the law of treaties.<\/p>\n

The Thirteenth Amendment provides for a measure of devolution to the Provinces through Provincial Councils. The powers devolved however, are extremely limited. There is provision for a measure of powers of land, law and order, education, health and similar subjects \u2013 but even in respect of these, the centre retains a great measure of control. For example, the subject of \u201cnational policy in respect of all subjects\u201d lies with the centre, and notwithstanding some limitations imposed on the use of this ruse by the Supreme Court in times past, it has been invoked widely by the centre to take back devolved powers. In fact, many of the executive and legislative powers devolved under the Amendment are virtually impossible to exercise fully and effectively if the centre chooses to impose roadblocks.<\/p>\n

Protection to minority peoples in the event that Parliament seeks to legislate on a subject on the Provincial Council List is modest at best. Article 154(G)(3) of the 13th Amendment to the Constitution is a measure to prevent the central government from legislating on subjects allocated to the Provincial Councils (PCs) without first obtaining the consent of all PCs. Where one or more PC does not consent to a proposed bill, the central government has the power to either pass the bill by a simple majority, in which case the bill will become law applicable only to the Provinces where the PCs agreed to the bill, or to do so by a two thirds majority in which case the bill will become law applicable to the entire country<\/p>\n

Political solution<\/strong><\/p>\n

Thus, despite the rampant fear-mongering and controversy, even the previous administration recognized, in its more lucid moments, the need to implement the 13th Amendment. Former President Rajapaksa himself, in his Joint Statement with United Nations Secretary General Ban Ki-Moon soon after the end of the war in May 2009, made several assurances relating to a political solution, one of which was:<\/p>\n

\u201c\u2026to proceed with the implementation of the 13th Amendment\u2026\u201d.<\/em><\/p>\n

Before the end of the war, at the inaugural meeting of the All Party Representatives Committee (APRC) and its multi-ethnic Experts Committee appointed by former President Rajapaksa to assist the APRC, on 11th July 2006, the former President said:<\/p>\n

\u201cPeople in their own localities must take charge of their destiny and control their politico-economic environment. \u2026 In sum, any solution needs to as a matter of urgency devolve power for people to take charge of their own destiny. \u2026 Any solution must be seen as one that stretches to the maximum possible devolution without sacrificing the sovereignty of the country given the background of the conflict.\u201d<\/em><\/p>\n

At the 10th Session of the United Nations Human Rights Council (UNHRC) in March 2009, then Minister Mahinda Samarasinghe reiterated the former President\u2019s pledge, saying,<\/p>\n

\u201cOur national discourse has been dominated for decades by an ethnic issue, which requires a political solution as a means to resolve problems. \u2026 [o]n a recommendation of the All Party Representatives Committee, we are able to properly implement the 13th Amendment to the Constitution, which was passed in 1987.\u201d<\/em><\/p>\n

When then External Affairs Minister G.L. Peiris visited New Delhi in May 2011, a joint press statement with the Minister of External Affairs of India stated:<\/p>\n

\u201c\u2026 the External Affairs Minister of Sri Lanka affirmed his government\u2019s commitment to ensuring expeditious and concrete progress in the ongoing dialogue between the government of Sri Lanka and representatives of Tamil parties. A devolution package, building upon the 13th Amendment, would contribute towards creating the necessary conditions for such reconciliation.\u201d<\/em><\/p>\n

In January 2012, after meeting with former President Rajapaksa \u2013 visiting Indian Minister for External Affairs, Hon. S. M. Krishna speaking at a joint press conference with Minister G. L. Peiris, said:<\/p>\n

\u201cThe Government of Sri Lanka has on many occasions conveyed to us its commitment to move towards a political settlement based on the full implementation of the 13th Amendment to the Sri Lankan Constitution, and building on it, so as to achieve meaningful devolution of powers. We look forward to an expeditious and constructive approach to the dialogue process.\u201d<\/em><\/p>\n

This is not the first such assurance made to the Government of India. On 25th December 2013, the Indian External Affairs spokesman stated;<\/p>\n

\u201c[I]n this context we have been assured by the government of Sri Lanka on several occasions in the past, of its commitment towards pursuit of a political process \u2026 leading to the full implementation of the Thirteenth Amendment to the Sri Lankan Constitution, and to go beyond, so as to achieve meaningful devolution of powers and genuine national reconciliation.\u201d<\/em><\/p>\n

Respect the Rule of Law<\/strong><\/p>\n

All of these assurances to \u201cgo beyond\u201d are indicators of the recognition of the inadequacy of the 13th Amendment viz a viz the Indo-Lanka Accord. Nevertheless its implementation could have been a first step in that process; what we have lacked is the genuine political will to do so. With the new administration, hopes are high that this is no longer the case.<\/p>\n

The new government has shown genuine willingness to respect the Rule of Law. We hope this willingness will extend to the full implementation of the Constitution, which includes the 13th Amendment to the Constitution. Once that step is taken the government must also start to undo the several acts which were done in violation of the provisions of the 13th Amendment: demerger of the NorthEast and the passage of the Divineguma Bill are two examples of this. And while this is being done, the government must start dialogue with the Tamil National Alliance with regard to a permanent solution to the Tamil National Question. <\/p>\n

Courtesy: Daily News<\/em><\/p>\n

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By M.A. Sumanthiran M.P. This year\u2019s Independence Day marks a new era in Sri Lanka\u2019s political history. For the first time in a long time, Sri Lankans are hopeful. They dared to vote for change and they now expect to see it. Promises of an era of good governance, an end to the norm of …<\/p>\n

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