Sri Lanka Brief Position Paper/July 2013
The Background
The provincial council (PC) system in Sri Lanka was established as a result the Indo-Lanka
Accord concluded between Sri Lanka
and India
on July 29, 1987. The 13th
Amendment and the provincial council system were conceived as a political solution
to the ethnic conflict. Under the amendment Northern and Eastern Provinces
were amalgamated. The PC system was the crux of the Accord. On 14 November 1987
the Sri Lankan Parliament passed the 13th Amendment to the Sri Lankan
constitution of 1978 and the Provincial Councils Act No 42 of 1987,
establishing provincial councils. Nine
provincial councils were created by order on 3 February 1988.
Elections for the merged North Eastern
Province were held on 19
November 1988 and Eelam People's Revolutionary Liberation Front (EPRLF) formed
the first
North and East provincial council. EPRLF collaborated closely with the
Indian government. After the Indian Peace Keeping Force left the country the
North and East PC was dissolved in 1990. Merger was declared
illegal by the Supreme Court of Sri Lanka in 2006 fulfilling a Sinhala
Nationalist demand. The province was formally demerged into the Northern and
Eastern provinces on 1 January 2007.
The province was ruled directly from Colombo until May 2008 when elections were
held for the demerged Eastern Provincial
Council. Northern Province
had been under Military (Retd) Governors for 17 years, since 1990. At present
former Jaffna army commander Major General
(Retd) GA Chandrasiri is the governor of the Northern
Province.
Ruling coalition captured
the power of the Eastern PC in the April 2008 election and the leader of
the pro government Tamil Peoples Liberation Tigers (TMVP) was made the Chief
Minister.
During and after the war Sri Lanka government and the president
Rajapaksha promised to implement the 13th Amendment to the
constitution as a political solution to the ethnic conflict. The promise that
there will be a political solution after the war was used to obtain international
support to during the war as well as after the war:
103.Sri
Lanka will take measures for the effective
implementation of the 13th Amendment to the Constitution.
President Rajapaksa expressed his firm resolve to proceed
with the implementation of the 13th Amendment, as well as to begin a broader
dialogue with all parties, including the Tamil parties in the new
circumstances, to further enhance this process and to bring about lasting peace
and development in Sri Lanka.
Welcoming also the recent reassurance given by the
President of Sri Lanka that he does not regard a military solution as a final
solution, as well as his commitment to a political solution with implementation
of the thirteenth amendment to bring about lasting peace and reconciliation in
Sri Lanka
The Prime Minister emphasised that a meaningful devolution
package, building upon the 13th Amendment, would create the necessary
conditions for a lasting political settlement. The President of Sri Lanka
reiterated his determination to evolve a political settlement acceptable to all
communities….the President expressed his resolve to continue to implement in
particular the relevant provisions of the Constitution.
There have been other instances that Sri Lanka government and its president
promised international committee that 13 Amendment will be fully implemented. In
July 2012 government announced that Northern
provincial election will be held in September 2013. This has been one of the major demands of the
international community. The
resolution adopted by 22nd
session of the UNHRC (March 2013) welcomed “the announcement by the Government
of Sri Lanka to hold elections to the Provincial Council in the Northern Province in
September 2013.”
On 06th July 2013 President Rajapaksa issued a
proclamation calling for the holding of elections to the Northern Provincial
Council to the effect that the election will be held during last week of the
September. Meanwhile a political parties and individuals have taken up
positions re the election and devolution, campaigning for and against the 13
amendment. A powerful group within the ruling coalition, including the
Rajapaksha family, headed by the Sinhala
Buddhist nationalists opposes the full implementation of the 13 amendment, One
of the contentious issues has been the devolution of police and land powers to the Provincial
Councils.
On the other hand a significant sector within the ruling coalition, including
Tamil and Muslim parties is opposing any dilution of the 13th
amendment/provincial council system. Tamil National alliance and United
National Party also oppose any dilution of the 13th amendment/provincial
council system.
In this context the government appointed
a Parliamentary Select Committee (PSC) to seek a consensus on the 13
amendments and provincial council system. As the all members of the PSC belongs
to the ruling coalition it has been nicknamed as President's Select Committee
and Government Sub Committee. Opposition parties have refused to take part it
in the select committee on various reasons. The PSC has given six months time
to produce its report.
A summary of the political party positions given below:
Abolish/Dilute the 13
Amendment and Provincial Council system
The Sri Lanka Freedom Party (SLFP) led
by President Rajapaksha
The Ruling party the SLFP making its
stance on the 13th Amendment to the Constitution for the first time, today said
that it sought
amendments to key provisions of the 13th Amendment and would await a
decision regarding it through the Parliament Select Committee.
Jathika Hela Urumaya led by Minister Champika Ranawaka (JHU)
The Sinhala - Buddhist-Nationalist JHU, one of the strongest opponents to the
devolution, has submitted a private
member motion to the parliament to abolish the 13 A. The party says it will
mobilize
masses against the PC system.
People's Liberation Front led by Samawansa
Amarasinghe ( JVP)
The Sinhala - Nationalist –
Socialist the JVP
has stated that it will not take part in the PSC because 13 A need to be
scraped. The JVP led a bloody civil war
in the south in 1988 – 1990 with the
abolition of the PC system among other demands.
National Freedom Front ( NFF) led by Minister
Wimal Weerawansa
The Sinhala - Buddhist Nationalist NFF
insists the 13 Amendment should be abolished on the ground it will be a
spring board for separation.
Mahajana Eksath Peramuna ( MEP) led by
Minister Dinesh Gunawardana
The Sinhala – Buddhist nationalist
the MEP
wants to abolish the PC system because it has been a failure and it divides
the country.
Gotabaya Rajapaksha, Defence Secretary
and President's brother
Mr. Rajapaksha, who seems to be the
power behind the Crown, has repeatedly
called for abolishing the PC system on the ground that devolution is
unnecessary and that it will divide the country. He is emphatic that GoSL
should not listen to India on this issue.
Lalith Weeratunga, Secretary to the president
Mr. Weeratunga opposes the 13 A and
PC system on the ground that it is administratively
obstacle and it was forced on the country without people's consent
N.K. Illangakoon Inspector General of Police
(IGP) Illangakoon opposes
delegation of police power would
pose a threat to national security.
Bodu Bala Sena and Sinhala nationalist groups
Some 25 Sinhala – Buddhist organisations
including the Bodu Bala Sena, Sihala Ravaya, Jathika Hela Urumaya.the All
Ceylon Buddhist Congress, Deshiya Surekeeme Jathika Viyaparaya
(headed Ven Elle Gunawansa Thera), Deshapremi Bhikshu Peramuna (Ven Bengamuwe
Nalaka Thera), Jathika Sanga Sammelenya (Ven Rajawatte Chappa Thera), Desha
Hishaishi Jathika Viyaparaya (Dr. Gunadasa Amarasekara) and the United Three
Wheeler Driver’s Association (Lalith Dharmasekara)
took part in a public meeting which
drew members of the Buddhist clergy from temples countrywide to campaign for
abolishing the 13 Amendment.
Do not abolish the 13th
Amendment and implement PC system in fully
UNP led by Leader of the opposition Ranil
Wikremesinghe
Opposition the United National Party
(UNP)
opposes any dilution of the 13 A on
the grounds that “The Provincial Council system was never seen as a move at separatism. The
13th Amendment is part of the Constitution and the Supreme Court and parliament
have approved it ''
Tamil National Alliance (TNA) led by R. Sampathan (M.P.)
The Tamil nationalist TNA
which compromises Illangai
Thamil Arasu Katchi (ITAK, Federal Party), TELO, EPRLF, TULF & PLOT has categorically stated that it opposes
any dilution of the 13th Amendment. And it decided not to
participate in the PSC on that ground that it had provided its input for a
dialogue on the devolution without
any positive response. form the GoSL .
Sri Lanka Muslim Congress led by Minister Rauf Hakeem
UPFA constituent, the Sri Lanka Muslim Congress (SLMC) and the Tamil
National Alliance (TNA) are in the process of building
a common front to thwart government move to curtail the powers of the
provincial councils ahead of the first northern provincial council election
scheduled for September.
Three Left parties (CPSL LSSP and DLF) led by Minsters
Leader of the Lanka Sama Samaja
Party (LSSP) and Minister of Technology and Research, Prof. Vitarana, General
Secretary of the Communist Party (CP) and Minister of Human Resources, D.E.W.
Gunasekera, and Leader of the Democratic Left Front (DLF) and Minister of
National Languages and Social Integration, Vasudeva Nanayakkara, have expressed
solidarity with the Tamil National Alliance (TNA) in fully
implementing the 13th Amendment to the Constitution.
Democratic Party led by Gen (
Retd) Sarath
Fonseka
Former Army chief Sarath Fonseka
says there is no
need to abolish the 13th amendment, as wanted by government ministers and
officials. The 13th amendment was introduced as a solution to the issues raised
by the people of the north and the east, he said.
Democratic People’s Front led by Mano Ganesan
In the written official statement,
the Sri Lanka President and the UN Chief jointly stated that they would implement the 13th
Amendment and would hold talks with Tamil political parties to further
develop it to go beyond the 13th Amendment’
reiterated Ganesan supporting the 13 amendment.
The Upcountry People's Front (UPF) led by V.S. Radhakrishnan
A plantation Tamil workers party the
UPF is opposed to any moves by the government to dilute or amend the 13th
Amendment to the Constitution, V.S. Radhakrishnan said… with these amendments,
the minorities would lose whatever limited powers they would have in the
Provincial Councils, under the present Constitution.
TMVP led by presidential adviser
Sivanesathurai Chandrakanthan
Former Chief Minister of the Eastern
Provincial Council and Presidential Adviser on Eastern Provincial Affairs, Mr. Chandrakanthan, said his Party, the Tamil Tamil Makkal
Viduthalai Pulikal (TMVP), would even join hands with the Tamil National
Alliance (TNA) to protect the 13th Amendment and said that moves to dilute the
13th Amendment to the Constitution could
not be allowed
Eelam Peoples Democratic Party (EPDP) led by
Minister Douglas Devananda
“I have collected the signatures of 38 MPs who
say that the 13th
Amendment should remain intact,” Minister and EPDP leader Douglas Devananda
said.
Catholic Bishops' Conference of Sri Lanka
The Catholic Bishops' Conference of Sri Lanka
have requested
the government not to proceed with amending the 13th Amendment or totally
repeal it but to discuss with all relevant parties on drawing up a totally new
Constitution which is fair by all communities.
The
Government of India
Indo – Lanka agreement signed
between two sovereign Governments, both the Governments are bound to implement
the agreement. Sri Lanka
cannot
unilaterally cancel the agreement.
National Security Adviser Shivshankar
emphasised the need for Colombo to fulfil
its commitment to India
and the international community regarding a political settlement that would go
beyond the 13th Amendment of the country’s Constitution.
Tamil
Diaspora
Sri Lankan Tamil Diaspora
organisations has rejected the 13th amendment on the ground that it
will not provide a political solution based on the Tamil Nationhood. British
Tamil Forum says that the 13th Amendment cannot be feasible and will not
create an enduring peace in Sri
Lanka.
End