W.A. De Silva Courtesy The Daily News

Sri Lanka had to face the consequences of Tamil Expansion from South India presently called Tamil Nadu throughout her history intermittently right from the past as far back as 2nd Century B.C. the Thirteenth Amendment to the Constitution of Sri Lanka is nothing but another facet of Tamil Expansionism from Tamil Nadu. It is an outcome of recurrent agitation caused by Tamil Nadu politicians to set up a separate state called Tamil Eelam initially for the Tamil Community in the Northern and Eastern Provinces of Sri Lanka with the intention of enlarging it further merging it with Tamil Nadu at its final stage.

Let us examine strategies adopted by Tamil Nadu politicians to achieve above objectives.

(a) They deliberately refused to recognize Tamils in Sri Lanka as Sri Lankan citizens. Instead they identified them as Tamils based on their race. Thus racism is the basis of their strategy.

(b) They bred, nurtured, trained and deployed terrorist outfit called LTTE with the direct involvement of Indian Central Government to fight against Sri Lankan government.

(c) They pressurized the Central Government of India to intervene in Sri Lanka and settle so called ethnic problem which was infact created by themselves in connivance with Central Government of India.

(d) They set T.N.A. as their proxy in Sri Lanka to carryout their mission.

(e) They also launched a massive campaign in pro-Eelam countries in the West in the pretext of campaigning to protect human rights of Tamil Community in Sri Lanka. They use Tamil diaspora for this purpose.

Consequent to the intervention of the Indian Central Government, Tamil Expansion so far driven by Tamil Nadu politicians was converted to Indian Expansionism. The Indian Central Government was so dared to harbour, train and equip LTTE terrorists in India and thereafter to deploy them in Sri Lanka to fight against Sri Lankan government.

Further to the above, Indian government brought over Sri Lanka a package of solutions to the ethnic problem which consists of the Peace Accord signed in 1987, the 13th Amendment to the Sri Lankan Constitution and Provincial Council Act No. 42 of 1987.

Peace Accord

Let us now examine the so called Peace Package brought in to Sri Lanka.

It was a fact that the Peace Accord was imposed over Sri Lankan government under duress. Neither Parliament nor the people of this country demanded such an Accord. The LTTE also rejected the Peace Accord. Sri Lankan President J.R.J was compelled to accept and sign it due to intimidation caused and duress imposed by sending Indian Air Force Jets over Sri Lankan airspace. It was imposed so hastily, neither Parliament nor the general public of Sri Lanka were given an opportunity to raise their views on it. Obligations to be fulfilled on the part of the Indian government and the LTTE as set out in the Accord were never honoured.

There was a provision in the Accord that the LTTE should surrender arms kept in their possession within 72 hours after signing the Accord and all parties should cease hostilities within 48 hours. Sri Lankan Forces were ordered to be confirmed to the barracks. Moreover the Indian government has ensured that Peace will be definitely restored in Sri Lanka.

Those obligations were never honoured. Instead, the LTTE was continued to strengthen its armoury and intensified attacks immediately after the Accord against Sri Lankan Forces who were in contrast ordered to be confined to barracks. The IPKF which was brought in to combat had become a total failure. As a result, the Indian government was compelled to withdraw the IPKF and abandon the Peace Accord unilaterally. Accordingly, the Peace Accord become an Accord non-existent. So that how can they say repealing the 13A would cause a violation of the Peace Accord which is non-existent.

The next component of the Peace Package is the 13th Amendment to the Constitution imposed over Sri Lanka so hastily. This is also a unilateral proposal which was formulated and drafted without consulting the Sri Lankan government by Indian government ex-parte. Provincial Council Act No. 42 of 1987 is the outcome of 13th Amendment.

Indian government

Sri Lankan Parliament being dominated by President JRJ by keeping letters of resignation of MPs in his pocket and pressurizing them using his 5/6th power was not given a fair opportunity to debate and come out with independent views of MPs on the 13th Amendment. On the other hand President JRJ was forced by the Indian government to get it through by the Parliament by hook or crook. In fact, the majority of Judges of the Supreme Court of Sri Lanka declined to agree with the procedure followed by the Sri Lankan government to get it through.

Accordingly, it was a fact beyond reasonable doubt that the 13th Amendment was passed so hastily under pressure and duress imposed over President JRJ himself. At this juncture President JRJ would have to allow Parliament to take an independent decision on her own volition on the 13th Amendment instead of pressurizing Parliament to fall in line with JRJ who surrendered to the Indian government consequent to the pressure imposed upon him by then Premier of India Rajiv Gandhi. In fact there was another reason for Rajiv Gandhi to apply such hasty pressure on President JRJ and get him to kneel down in front of him.

That was the injurious approach caused by JRJƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s government towards the Indo-Lanka relationship. I remember once at a Parliamentary debate one of the MPs insulted Gandhiyan regime comparing Premier Indira Gandhi and her son Rajiv Gandhi to a cow and a calf.

It was a fact neither the Sri Lankan Parliament nor the masses of this country and even the LTTE did not demand for a solution to ethnic problem from the Indian government. In the above circumstances accepting the 13th Amendment imposed by India under duress or otherwise by President JRJ on his own, suppressing the views of Parliament and general masses could be adjudged as one of the greatest betrayals of the history of Sri Lanka. Implementing the 13th Amendment instead of rectifying the mistake caused by President JRJ is considered the worst betrayal.

Provincial Council system

The Provincial Council Act No. 42 of 1987 and the Provincial Councils so formed have been imposed on Sri Lanka in place of the existing local government mechanism of Sri Lanka. It is a fact that the Provincial Council system is a total failure. Activating those Provincial Councils in full scale as provided in the Act had become impossible due to the contradictory nature of jurisdiction and authority provided to these councils by Provincial Council Act No. 42 of 1987 with the Central Government of Sri Lanka. In fact the intention behind imposing such an alien system by the Indian government in place of the existing system of Sri Lanka was nothing but satisfying the Eelamists to some extent on the pretext of devolution of power.

Indo-Lanka Peace Accord

It may be noted that devolution of power was not a demand agitated by masses of the Tamil Community of Sri Lanka. It has been formulated and promoted by some Tamil Nadu politicians as a strategy of promoting expansionism. The 13th Amendment and PC system are considered as an outcome of the above attempt. It is presumed that Provincial Councils have been imposed in place of the existing local government system of Sri Lanka, mainly to satisfy those who agitated for a separate autonomous state called Tamil Eelam in Sri Lanka.

This notion is corroborated due to the fact that whilst incumbents of almost all Provincial Councils and even the critics who vociferously argue in favour of the Provincial Councils system have admitted that there are some serious shortcomings in the Provincial Council system. In contrast only the TNA has accepted that it as a perfect system and the most appropriate mechanism for devolution of power. This is so due to the fact that their claim for an autonomous state for Tamils could be achieved to a great extent if not in total extent through the Provincial Council mechanism.

Ethnic conflict

In this context I wish to point out that the Provincial Council mechanism has aggravated the ethnic conflict in this country instead of resolving it due to the fact that it has been created for an obvious clash between TNA, its followers as one party and rest of the masses of Sri Lanka as another party. The TNA is not prepared to search for a better system other than the PC system created by 13A. Let us now examine how the critics who argue vociferously in favour of the 13th Amendment defended their views.

(a) They argue the 13th Amendment and Provincial Council system are the most appropriate solution for the ongoing ethnic conflict. However, they cannot justify this argument in view of the factual position that I have elaborated in this article above. The latest attempt to justify their argument has been caused by Vasudeva Nanayakkara. Whilst admitting the PC system is a white elephant, he says the present Cabinet is also a white elephant. What a silly defence. Does it mean that people of this country should go ahead with another white elephant because present Cabinet where Vasudeva is a senior member appears to be a white elephant.

(b) They further argue that repealing of 13A would destroy the unitary status of Sri Lanka. From the foregoing facts it may be observed that destroying of the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s unitary status has already been initiated through the PC system, imposed by the Indian government since that system is acceptable only to TNA, not to the masses of this country. In short it is not a win-win solution for both parties to the ethnic conflict.

(c) They argue that it is not legally possible to repeal 13th Amendment and Provincial Council Act No. 42 of 1978 since Sri Lanka is legally bound in terms of the Peace Accord signed with Indian government in 1987, to accept and implement them. I have already pointed out in this article above that Peace Accord had become a non-existent one due to the fact that Indian government was so miserably failed to fulfill undertakings set out in the Peace Accord on her part, so that Accord has been abrogated long time ago unilaterally by Indian government.

(d) They also argue repealing would cause irritation of India, Diaspora and pro Eelam Western powers so that they can penalize Sri Lanka. Does this mean Sri Lanka should carry on with dangerous and faulty mechanism of PC system which was imposed by force by Indian government unilaterally just to satisfy India and Pro Eelam powers disregarding suitability of that system to Sri Lanka. This is utter nonsense.

(e) Finally they say those who agitate for repealing of 13A and PC system are racists, extremists, chauvinists and idiots. Does this mean that general masses of this country should accept only what handful of critics have stated in favour of 13A. Racism was initially raised and promoted by pro-Eelam politicians mainly TNA on their claim for a separate state exclusively for Tamils not the masses of this country. I donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t think fighting for a better mechanism for devolution of power by masses of this country could be categorized under any of above Isms. This kind of defence insulting one party against other party without valid grounds seems utter nonsense.

I have noticed some politicians who hold ministerial positions in present government had once stated in public quoting Mahawansa as well in order to defend their arguments for 13A saying that King Dutugemunu had given orders to ensure the protections of Dravidans of this country after defeating Elara who was an intruder who had plundered imminence wealth caused immeasurable damages to the Sinhalese Buddhist culture of this country. It is a diabolic lie. There is no reference whatsoever in Mahawansa to corroborate above statement. Same politicians were so vociferous to state further it is not necessary to go for a referendum to observe views of masses on 13A due to the fact that Solburey Constitution and Janaraja Constitution were adopted without any referendum. I am sorry to say that they are so ignorant of the fact that there was no provision in the existing Sri Lankan Constitution at that time to obtain concurrence of the masses through a referendum.

They rebuke further that Mahinda Chinthana very clearly endorses power devolution and all Sinhalese nationalists who now against 13A had in fact ratified it for solutions beyond 13A at all party representative commission. Does this mean that they should not change their stance once they found that 13A is inappropriate. CanƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t they change their views to suit the best interest of the country? In fact there is no endorsement whatsoever in Mahinda Chinthana that 13A is the only mechanism to be used in the process of devolution of power in Sri Lanka.

Sinhala Buddhist culture

In order to justify their arguments in favour of 13A they have further stated in public that Buddhist monks of this country have opted to revere the President, Speaker and their team instead of practicing the doctrine of the Buddha. This argument has nothing to do with justifying their attempts that 13A and PC system should not be changed. Instead it has revealed their wrath and jealousy over cordial relationship that exists between State and the Mahasangha of this country and the role that Mahasangha play in Sri Lankan society being custodians of Sinhala Buddhist culture. I am of view that above statement appears to be an insult caused in public to ridicule the President, the Speaker and Mahasangha.

From the foregoing facts it may be observed that those critics have forgotten the fact that ultimate and absolute authority to find a better system in place of 13A and PC system rests with general masses of this country, either through Parliamentary process or a Referendum. In view of above let me conclude that PSC appointed by the Speaker seems a better forum to find out an appropriate solution for ethnic conflict of Sri Lanka.

However, Referendum seems the best mechanism due to the facts that sense and views of masses at grass root level could be represented through an independent Referendum instead through PSC and also that there is a possibility of manipulating PSC mechanism by members from so called Socialist Block to push through their ideologies disregarding the real pulse of the masses of this country on this so called ethnic conflict.