C.V.Wigneshwaran TNA Chief Ministerial Candidate to NPC, gives a new twist to 13th Amendment.
Posted on August 26th, 2013
By Charles.S.Perera
The TNAƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Chief Ministerial Candidate C.V.Wigneshwaran is supposed to be a jurist, but unfortunately he seems to have got every thing wrong. He has said in a statement to ƒÆ’-¡ƒ”š‚ Colombo Gazette, ƒÆ’-¡ƒ”š‚ referring to the Indo-Lanka Pact, ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-This is an international agreement. This came about following an agreement between India and Sri Lanka. But if it is going to be changed then India must be consulted.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
Wigneshwaran has to read up his law books before making such a statements as the Indo-Lanka Agreement is a bilateral agreement, and it has not the character of an International Agreement.
The 13 Amendment ƒÆ’-¡ƒ”š‚ is no more a part of that Agreement , butƒÆ’-¡ƒ”š‚ an Amendment to the ConstitutionƒÆ’-¡ƒ”š‚ of Sri Lanka. Sri Lanka need not consultƒÆ’-¡ƒ”š‚ India to remove the 13 Amendment from the Constitution.
ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-International agreements too may lapse through war or denunciation, or when a fundamental change in circumstances occurƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
The Indo-Lanka Agreement was entered into for a specific purpose of disarm the terrorists, and bring peace to Sri Lanka. ƒÆ’-¡ƒ”š‚ Since the circumstance have changed and India could not keep its part of the agreement the Indo-Lanka pact has lapsed.
The 13Amendment was entered into the Constitution of Sri Lanka ƒÆ’-¡ƒ”š‚ as Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s part of the Agreement, for India to fulfil its part of the agreement- which was to disarm the terrorist and bring about peace in North and East.
As the Indo-Lanka pact is not valid any more as India failed to keep its part of the agreement the government of Sri Lanka is not bound any more to maintain the 13 Amendment in the Constitution or Consult India to remove it from the Constitution.
Wigneshwaran has said that the 13thƒÆ’-¡ƒ”š‚ Amendment came about as a solution to address issues faced by Tamils.ƒÆ’-¡ƒ”š‚ He is wrong as the Indo-Lanka pact was not to address solution faced by the Tamils, but as a solution to end ƒÆ’-¡ƒ”š‚ terrorism and bring peace toƒÆ’-¡ƒ”š‚ Sri Lanka.
He had further said that the Tamils have issues and it is ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- shockingƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ if the Sinhalese Majority are not aware of that.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚ But he does not seem to know that the ƒÆ’-¡ƒ”š‚ Sinhala Majority also has issues.
Wigneshawaran is living in a different Sri Lanka. The Sri Lanka of to-day we know has removed the cancer of terrorism and is on the way to reconcile the Communities to take the country forward as a nation ofƒÆ’-¡ƒ”š‚ united people not separated by narrow communal differences.
If this is the language that Wigneshawaran speaks, he will be another barrier for the reconciliation of Communities if he were to be the Chief Minister of the North Provincial Council. It would be unfortunate not only for the Tamil people of the North, but also for Sri Lanka as a whole.
His political views are hackneyed and out of date. They are not different from that of the dead terrorist Prabhakaran. ƒÆ’-¡ƒ”š‚ It is no surprise that the TNA has selected him to be its Chief Ministerial Candidate.
If these are the types of Jurists we have it was no wonder that the Sri Lanka Constitution was wrongly interpreted by the ƒÆ’-¡ƒ”š‚ Supreme Court on the question of the impeachment of Shirani Bandaranayake.
August 26th, 2013 at 6:14 pm
Thanks Mr Charles Perera for exposing Mr Wigneswaran’s fraudulent statements. By his lopsided utterances, he has not only exposed himself as a separatists and also lost his credibility, but has placed a doubt on whether he had the will to make impartial decisions when he was a Supreme Court Judge. Today, he blatantly ignores the fact, 13A a bilateral agreement was signed under duress to put an end to terrorism, and India failed to honour its undertaking to disarm the LTTE terrorists and on the contrary failed to prevent the LTTE from smuggling in internationally banned military hardware to create a huge military arsenal not achieved by any terrorist group anywhere else in the world.
Contrary to Wigneswaran’s false assumptions, Sri Lanka has the right to change its constitution democratically, without being dictated to by India or China or UK or any other nation. He is right only if he believes that might is right and India could impose its will, violating international law, but risking similar acts against India by equally or more powerful nations.
All communities whether in a majority or minority have issues in every nation. The Sinhalese have many issues, including the apartheid type Thesavalam law in acted by Colonial powers to reserve land in the North mainly for only Tamil imports from South India.
August 26th, 2013 at 7:29 pm
In a strange case of legal absurdity, some claim Sri Lanka cannot change its own Constitution, the provisions relating to 13A! This must be a world’s first where a sovereign nation cannot alter its own Constitution. There is no provision even in the Accord prohibiting Sri Lanka change the 13A. They quote the July 1987 Indo-Lanka Peace Accord arguing that it binds Sri Lanka and India according to which Constitutional amendments were made by way of the 13A.
Indian Interpretation of 13A Similar to MacArthur Constitution of Japan
After invading and subjugating Japan, General Douglas MacArthur, commander of all Allied forces in the Pacific, directed the writing of the Japanese Constitution of 1947. Article 9, The Constitution of Japan (1947) is one such imposition which states:
“Aspiring sincerely to an international peace based on order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.”
Indian stated approach towards Sri Lanka’s right to self-determination, the right to amend its Constitution and take action in the interest of national security is driven by similar sentiments. However, Sri Lanka is not bound by any such obligation.
Interestingly, Japanese Prime Minister Shinzo Abe has repeatedly vowed to repeal Article 9 of Japanese Constitution without consulting the Allies who imposed it 66 years ago. And he doesn’t intend to get the consent of the Allies.
Same applies to Sri Lanka. As an Independent nation, Sri Lanka is entitled to change its Constitution at will and terminate international agreements by giving notice to the other party.
However where Wigneswaran is correct is, until abrogated 13A is part of the Constitution. And until a determination is made on the Indo Lanka Peace Accord either on its illegality from the start (void ab initio) or annulment by the government, it too stands binding. These small administrative measures must be taken by the Sri Lankan government without delay. In legal issues the process is as important as the law itself. For instance if an innocent is charged by the police for a murder, he/she must go through an ugly process to retain innocence. Non-co-operation and refusing to go through it don’t work.
August 26th, 2013 at 7:39 pm
If the 13A is not going away, Sinhalese must also make their desired changes to it so that they will not be worse off.
As at now 13A is law and 13A is only about Tamils at the expense of Sinhalese. Unless 13A can be changed, it must be used to protect Sinhalese interests, address Sinhalese grievances and achieve Sinhalese aspirations.
This is not at all the ideal scenario. However, the worst scenario is where 13A remains law and Sinhalese are discriminated in both the north and the south.
Instead of making Tamil language an official and national language, it must be restricted to a regional language in the Northern Province as in India. Otherwise what Tamils claim as “Tamil Homelands” will continue to expand to prime real estate in Colombo and the rest of the Wet Zone as well. Tamils’ next target is to grab a stronglehold in the comfortable Wet Zone and it is on track. Sinhala should be made the sole official and regional language of the Western Province without delay.
August 26th, 2013 at 7:56 pm
“Unless 13A can be changed, it must be used to protect Sinhalese interests, address Sinhalese grievances and achieve Sinhalese aspirations.”
Are you nuts?
13 amendment CANNOT be used for that! It is ONLY about a PATHWAY to Tamil Elam. How can that be changed for Sinhala interests?
What we should FOCUS on is to SCRAP 13 amendment, FULLSTOP.
IF 13 amendment is SCRAPPED, Tamil official language GOES WITH IT!!! So there is no need for double work.
“Tamils’ next target is to grab a stronglehold in the comfortable Wet Zone and it is on track.”
ABSOLUTELY!
Go to ANY PART of Colombo City and you will see this. Only Sinhalese pull water out of poisoned wells for drinking in Colombo, Gampaha districts. Tamils are living in areas with PIPE WATER CLEANED AT TAX PAYER EXPENSE !!
Sinhalese were chased out of Anuradhapura, Polonnaruwa, Kandy and now COLOMBO too. How good HAMBANTOTA is developing!!! That will be the NEXT STOP for the Sinhalese. Therefater the SEA!!
But the way to stop it is NOT by keeping 13 amendment. We have to SCRAP it!!
A wavering patriot is NOT a patriot at all.
(Please allow my comment. I meant NOTHING bad. Just pointing facts and BAD TENDANCIES that MUST be nipped in the bud.)
August 27th, 2013 at 12:06 am
Lorenzo is right . We cannot go hot and cold about removing 13A. It should be removed from the Constitution, there is no alternative. 13A cannot be watered down by removing some provisions, but completely removed lock,stock and barrel.
August 27th, 2013 at 1:11 am
@Charles, Fran and Lorenzo:
I unreservedly agree 13A must be completely removed. However, given the fate of the anti-13A campaign, we may not have that desired outcome. Still we should press on for its complete removal. While doing that, we should have a plan “B” in the event 13A stays for many years to come. I agree that it is a very difficult proposition to digest. But without a plan “B” and with a TNA controlled Northern Province and a SLMC propped up Eastern Province, the losers will be the Sinhalese.
To give an example, in 1931 Tamils opposed universal adult franchise and boycotted the first election calling for 50-50. However, British rulers (rightly in this case) rejected their plea. As a result of the boycott a virtually Sinhala only Cabinet resulted. Tamils were the losers in this case because they didn’t conform to the situation (right or wrong by their yardstick).
Yet another example is the SLFP’s stand on Provincial Council elections. In 1988 SLFP boycotted provincial council elections, rightly calling it a waste of public funds, a division of the country and an Indian imposition. All these allegations are true. However, by boycotting to work with the PC system the SLFP suffered electorally, politically and even economically. This decision was reversed in 1992 and it started winning elections. What if SLFP continued its boycott of PC elections? It would have lost what UNP would have won.
Absence of corruption is the ideal but it never happens. As such we settle for the next best alternative of living with corruption but supporting the least corrupt of the two.
This is a similar case. Unless 13A is removed, we must reluctantly though, work with the 13A to safeguard our interests. Unfortunately, this is where we will be stranded in this 13A saga.
Hope you understand what I’m trying to convery here. If 13A stays, it must accompany at least the safeguards India has. For instance in India, there is no need to get the approval of all the states to change powers or boundaries of states. No need for Hindi speakers to learn Tamil.
I have not changed my position on 13A. It must be removed from our Constitution. No sane person will support it. However, if 13A is going to stay and if cannot get it removed, we must look for ways to safeguard our interests by other legal, legitimate and constitutional means.
I respectfully request Lorenzo to leave out personal assessments and stick to the substance of the argument. I hear your concerns but you haven’t stated a Constitutional plan “B” which is essntial in the current impasse. A whole new constitution is certainly another option. India cannot prevent us from having a new constitution.
August 27th, 2013 at 11:34 am
Dilrook,
I agree with all you say. It’s a case of ‘if you can’t beat them, join them’, isn’t it ?
Add: Re Land & Police powers for the PCs: It is NOT enough the President saying that PCs will not be having these powers, it must be WRITTEN into the Constitution, if we are stuck with the 13-A.
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Even if we go along with the 13-A for many, many more years (till Tamil Nadu “Scheduled Castes system” is no more, and all Resources issues are finalized), it should still remain on record that the 13-A was originally imposed on Sri Lanka by India under DURESS, and therefore illegal. If we are go forward with the 13-A, let us do so with our eyes wide open.
August 27th, 2013 at 12:21 pm
P.S. : BUT, It would be a great travesty of justice against the people of Sri Lanka, if the 13-A accepted without a REFERENDUM. A Referendum must be held, even if the 13-A IS forced upon us. Call it a “mock Referendum”.
The 13-A is Unacceptable. Indians wrote it, not Sri Lankans, and we are not a sub-state of India. The 1983 Riots were a set up job, it allowed the Tamil Exodus plus forced the 13-A (1987) on Sri Lanka.
All the conditions under which ‘made’ India force the 13-A upon Lanka have now DISAPPEARED. That is, the Cold War is over and Russia is a part of NATO. Sri Lanka is a Non-Aligned nation. India & Sri Lanka BOTH wish to keep their Independence and not be colonised ever again.
This is another case of ‘Our Country, Their Land’.
August 27th, 2013 at 1:24 pm
More on the topic, written as a lay person.
(1) Mr Wigneswaran says : ““This is an international agreement. This came about following an agreement between India and Sri Lanka. But if it is going to be changed then India must be consulted.”
Mr W. is already showing his present/future involvement with India re the 13-A, when he knows full well that the whole episode took place under a different set of circumstances, now no longer existing, and done under DURESS which makes any agreement, with India or other country, NULL & VOID. Therefore, the aggrieved party i.e. Sri Lanka has a right to make her future decisions re the 13-A without the aggressor, in this case, India.
If Mr W, can make this type of statement NOW, what more can he say later on, when/if elected as the Chief Minister of the NPC ?
Whichever way we slice it, the 13-A may lead to bifurcation of Sri Lanka, and further impoverish the masses of the South in many ways at a future date.
(2) The 13-A, if carried forward, makes mockery of the words “Democratic Socialist Republic of Sri Lanka”.
(a) It makes mockery of the word “Democratic” which means “By the People”. The People were never consulted on the 13-A, and their elected leaders ENFORCED to sign in the 13-A ! Therefore, a REFERENDUM a must to make it Democratic.
(b) Also, the word Re-public means ‘supremacy of the People or supremacy through their elected leaders’. The 13-A does NOT recognise the Supremacy of the People or their elected Leaders – it bypassed the People and their Leaders, and is therefore NOT in keeping with the word ‘Re-public’. To make it Re-public, we have to have a REFERENDUM.
Let he People of Lanka rule their Land !
August 27th, 2013 at 2:20 pm
Thank you all for responding so forcibly to this utterance by the so called retired judge. He is flying a trial balloon to see if our brothers & siisters (are pre-occupied with day today living ) will respond or accept his version of the events which lead to IMPOSING UNJUST law, when JRJ was the President.
Now lets get very constructive in our critisisms, as this is something so important that we ALL should muster every legal mind in lanka & Sinhala Diaspora to find a way out of this impasse.
I am NOT a lawyer, nor I am conversant with Lankan Constitution, but we all KNOW a leader attacked from North by Tamils, South by JVP & other racists parties who are working in concert with LTTE made Sri Lanka a disabled country & a leader who could not say NO to India because of possible invasion. He even have asked whether his life be spared ? or NOT. I know when a person of that stature has been ATTACKED by our own Sinhalese terror groups from one side and another registered TERRORIST org. from North, what else can he do?.
WHO is to be blamed for creating this situation.??. IT IS THE JVP, and disruptive elements in lanka, at that time. Even now LTTE & sympathisers are in cohots with JVP & southern elemnts. Because HE President is NOT afraid to act they LIE LOW for now, but clamouring to get INTERNATIONAL support to dislodge the present regime.
We have to blame our own Sinhalese, who are TRAITORS holding JRJ by his throat & created such a situation. ALL of these events are part & parcel of India & its intelligent agencies. The moment Sri Lanka, tries to get ahead & treat our people to enjoy a higher dividend,as the war is over, INDIA is working round the clock to DESTROY US.
I still fail to understand WHY our Sinhalese brothers & sisters had to leave Colombo NOT only the city BUT also Colombo district, to make way for TAMILS & MUSLIMS to take over the precious scenic lands of Colombo & suburbs.
TRUE that 13th amendment or the issue which is important, BUT as long as Tamils & Muslims control the EARNING POOWER<BUSINESS ESTABLIHMENT in Colombo, WE WILL NEVER be able to practice or install an independent policy to suit our country. STILL I find disgusting to see some of our political leaders RUN TO INDIA no sooner they get the invitation even now.
IS INDIA our GOD FATHER or MAFIA leaderr waiting in the HIGH THRONE & DENADING we do this that & other, to SUIT INDIA. This is crucks of the matter, we can have a constitution or any other policies, BUT ultimately even the FOREIGN powers who are OUR FRIENDS say DO NOT UPSET or ANTOGONISE INDIA. Why IS THE PM of India is GOD & if we annoy him, DO WE GET PUNISHED for that?
What sort of ABSURD situation we have craeted OURSLVES & boxed into?. IT IS TIME TO remove these SHACKLES once & for all & GET RID INDIA out of our backs. THEN & ONLY THEN our learned friends in legal & other professions can find a SOLUTION to major problems facing Lanka.
I know these are very harsh words BUT speak up, EXPRESS the feelings at least so that COLLECTIVELY we can achieve our goals, WITHOU INDIA………..Thanks you again all for responding….as usual I am writing from far BUT I never gave up on Sri Lanka……….May the Noble triple GEMS GUARD & Protect Lanka………J
August 27th, 2013 at 2:39 pm
A long time friend of mine during the days when I was in St Peters college managed to track me down and this issue of the 13th amendment came up including issues that the Tamils now have renamed as human rights violations such as the presence of the Sri Lankan army in Jaffna or the intrusion of Singhalese in once Tamil Dominated lands to seizure of lands. He claimed that if the majority do not give in to these demands Sri Lanka faces another civil war.
First all the issues that were brought up including the validity of the 13th amendment in the context of a post war Sri Lanka if not implemented to the Tamil populations satisfaction does not carry the weight to then claim a separate homeland, especially when many of these issues such as the presence of army camps to ethnic populations entering new lands effects Singhalese as much as Tamils and by that makes it a mute issue.
But even if a second civil war is in the horizon I had to remind him that unlike the first civil war where India clandestinely trained and supported the LITE cannot pick up where she left since now India’s role during that war is world news. In addition President Rajapakse has signed a “Strategic partnership” with Sri Lanka. That is a powerful statement for any Indian backing of a second civil war would jeopardize Chinese interests in Sri Lanka and India may have to deal with China in the UN. That means India will not play in a second civil war the same role she did in the first.
Secondly President Rajapakse has developed the highway system for the rapid deployment of Sri Lankan forces to any part of the Island. Thirdly all lands once deemed for Eelam have a heavy military presence and fourthly it is becoming clear that Sri Lanka’s politicians to her Buddhist orders and to her citizens do not want the 13th amendment which if implemented would transfer too much power to an ethnic group who started the war, continued it for 30 years and lost the war and yet they are hell bent on the creation of Eelam. A second civil war will destroy what is left of the heritage of the Tamil people in Sri Lanka and even lead to a mass exodus of more Tamils
A copy of part of my comment to him:
You write that the specific demands include education, Land, police powers, Law and order (which to me is the same as Police powers so I will lump that into one category) Land: The military is taking lands for their use. This is not unique to Sri Lanka as “eminent domain” allows a government to expropriate privately held lands for the welfare of the nation. in addition 1.2 million SL Tamils left Sri Lanka leaving behind their homes and lands and have taken citizenship in many host nations. No government keeps such land or structures held in perpetuity till the Tamils decide on a whim to come back and claim them. On this note now Colombo is dealing with Indian Tamils who used the war as cover to settle in the northern and Eastern provinces. Once found they will be deported.
This land is usually used by the military to establish permanent bases in any area of Sri Lanka especially on lands that would have formed Eelam. It is the same in the US for after the US civil war that claimed a million lives in just 4 years the Union army stayed in the Confederate states for decades, and to date most of the US military bases are located in the southern states. That war was fought to keep the nation united and not over slavery. South Carolina was the first to secede from the Union and Texas was an independent nation for 10 years before she decided to join the union. That is the same motive for the SL civil war.
Tamils cannot eat the cake and have it too. to give land and police powers when the Tamil National Alliance has in her manifesto an independent land for the Tamils, when TESO (Tamil Eelam Supporters Org) has been resurrected by the former Chief Minister of Tamil Nadu and Jayalalithaa is demanding a referendum for the formation of Eelam to taking back the island of Katchacheevu to the new funding of LITE for if that is given to the Tamils then Colombo might as well simply proclaim a new land called Eelam for the Tamils. Regarding “education” you will have to be more specific. Are the Tamils denied education and if not why is there a problem regarding this aspect?
I do not agree to the heavy hand of abductions and detention to disappearance of people but from what I have read it is not just a Tamil issue but effects anyone or any press that is highly critical of the government. Keep in mind the Tamils who have returned are not treated as 2nd class citizens where laws are on the books that only apply to Tamils and if not what is their ultimate goal? Is it to live in SL as Sri Lankans or keep pushing new ‘grievances’ till Eelam is formed by de facto?
One advice come to the US and see what a “police state” we have become. As I stated earlier just deaths from guns is 32 thousand people every year and that does not include the expansion of the national security agency which is now so large it is 7 times the size of the Pentagon.
August 27th, 2013 at 2:42 pm
Fran Diaz,
I do not know what the ramifications would be if the 13A is removed. In simple terms a contract or an agreement is between two or more parties where there is a promise by one party to do some thing in return for a consideration which is a service or a benefit to be done by the other party.
This is how a contracts comes to an end:
“Termination for breach
Where one party commits a serious breach, the other party will be entitled to terminate the contract. However it is important to realise that not every breach is sufficiently serious to allow termination. If a party attempts to terminate a contract without a legal right to do so, their actions will be regarded as repudiation of the contract and the other party will gain a right to terminate and recover damages.
Termination for frustration
A contract is regarded as frustrated when one of the parties is unable to perform what they contracted to do due to an unforseen intervening event. Frustration is difficult to prove but if it can be established, both parties will be discharged from their contractual obligations. ”
An Agreement between two countries cannot be any different. In the case of the Indo-Sri Lanka Pact, if India failed to keep its part of the Agreement i.e, to disarm the terrorists, the Agreement is terminated for its breach, and Sri Lanka has a right to claim damages.
If on the other hand, if it were to be considered that India was unable to perform its part of the contract due to an “unforeseen intervening event “ it would be a termination for frustration and both parties will be discharged from their contractual obligations.
There is therefore no reason for Sri Lanka to consider it has an obligation to India under the Indo-Lanka Agreement, and therefore it should implement the 13A.
But Indo –Lanka Agreement had been terminated either by breach of it by India in which case Sri Lanka can, not only remove the 13A but also claim damages from India. If it is considered the Indo-Lanka Agreement had been terminated for frustration then also Sri Lanka can remove the 13A without claiming damages from India.
So why is the President Mahinda Rajapaksa hesitating about removing the 13A ? If he fears not being able to have a two third majority vote for its removal, then he should call for a referendum.
August 27th, 2013 at 2:44 pm
One last comment to my e-mail to my friend that needs mentioning:
FINALLY NON OF THE GRIEVANCES THE TAMILS CLAIM AND YOU PRESENT WARRANTS THE RIGHT TO DEMAND A SEPARATE LAND IF THEY ARE NOT ADDRESSED.
August 27th, 2013 at 2:50 pm
Jayasiri,
What you say is true, but let me add a few more points. Correct me if I am wrong with the facts below as I see them.
(1) JVP of the earlier times, led by Rohana Wijeweera, was first with the Sov.Union and he changed to the Maoists.
(2) The first uprising in the 1970s when Mrs Sirimavo B. was in power, was on political ideology, capitalism vs communism.
(3) The second JVP uprising when Mr Premadasa was President, we are told, was due to protest over the 13-A. Is this correct.
(4) The present JVP leader, Mr Somawansa Amarasinghe, is/will be in China to attend a meeting there (according to news item).
(5) Is it the JVP who is creating trouble at the present time, or is it the Army deserters ? Many thousands (60,000 ?) were deserters.
August 27th, 2013 at 4:17 pm
“So why is the President Mahinda Rajapaksa hesitating about removing the 13A ? If he fears not being able to have a two third majority vote for its removal, then he should call for a referendum.”
This is the point.
EVERYTHING hangs on this.
August 27th, 2013 at 4:20 pm
Dilrook,
I fully agree that Sinhala interests ARE NOT in 13 amendment.
That is the VERY REASON WHY it should be SCRAPPED!!!!
Do you think Endia will AGREE to insert PRO-SINHALA clauses to 13 amendment?
TO SAY THE LEAST, Endia will NOT.
I agree with you on a NEW CONSTITUTION. That can BYPASS all this BS Tamils and other Endians demand.
August 28th, 2013 at 6:37 am
Dear Charles,
You have provided good reasons for termination of the13-A ‘contract’. Apart from the Duress angle, there is Breach as well (as you point out). Thank you.
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The Army deserters, if they are cause of present day crime in Lanka (were they the some 5,000 rioters at Weliweriya ?). If so, action must be taken by GoSL straightaway to re-hab these people. Or else they will ‘hired’ by others to cause more damage.
The new re-hab program should recognise these Army deserters as an ASSET to the Nation, an Asset to be trained for future Labor needs here for the growing new industrial age that will be dawning.
August 28th, 2013 at 10:46 am
Charles,
Our closest neighbor again ‘calling the shots’ because of their elections next year ? Also may suit interested others !
August 28th, 2013 at 10:01 pm
@Fran:
You said: It’s a case of ‘if you can’t beat them, join them’, isn’t it ?
No, that is not what I meant. It is closer to ‘what can’t be cured must be endured’. With additional damage control.
I agree with your suggestion to actually change the Constitution to exclude land and police powers. It is one example of why we should work with the 13A to safeguard our interests (until it is abolished) than refusing to work with it because we hold a higher ideal of abolishing it.
13A is a reality (until abolished). Taxpayers pay over 150 billion rupees every year into provincial councils. This is real. As such (until abolished) we must work within this reality to ensure our interests are safeguarded. Another instance is the financial allocation to northern province. A close check must be maintained to ensure the north doesn’t freeload or leech at the expense of the south.
The truth is Sri Lanka is sick with the 13A ailment. Denying it aggravates its impact. This simple reality must be well understood and action must be taken to mitigate the bad impact of 13A (until abolished). Hoping for its abrogation and unintentionally putting up with the manyfold disasters 13A has brought is unwise. We either get it abolished (no 13A in the Constitution) or learn to live with it with appropriate adjustments. There is nothing in the middle.
August 29th, 2013 at 6:34 am
Dilrook,
Thank you for your response.
If the 13-A must be ‘endured’, then we have indeed partly LOST Sri Lanka already.
That the citizens of Sri Lanka are not ALLOWED to govern their own country means we no longer have a working Democracy, isn’ it ?
Dilrook, on giving the matter more thought, I shall always be for the removal of the 13-A, and not for pampering it through added safeguards.
We see how WEAK the Amendment 6 is with the unregistered political party, the TNA ! Amendments do not work when India & the Int. Community imposes their will on Lanka (to please whom ?).
We can take a good hard look at the alternative of keeping the 13-A, and reject it.
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If adding more safeguards, the other Laws that ought to be added on re the 13-A are :
(a) that any citizen of Sri Lanka is free to live anywhere on the island, including the North & the NE. The N&NE were NEVER the exclusive reserve of the Tamil people.
(b) Security issues come first. The Mannar illegal entry route has to be plugged up forever. Build a ‘Berlin Wall’ if we must.
I am sure there are more Laws to be added on. I wish more people would think about this topic and participate.
The other most important area to be addressed through the Law of the Land is the ILLEGAL MIGRANT POLICY. I am referring to the ILLEGAL MIGRANTS INTO SRI LANKA. What Laws in Sri Lanka governs illegal migrants INTO Sri Lanka ?
Sri Lanka has been FORCED to take note of illegal migrants OUT of Sri Lanka because of the firm stand by Australia re Lanka
illegal migrants attempting to go there.
Why is Sri Lanka so WEAK re illegal migrants into & out of Lanka ?
Buddhism is the main religion of the Land, but not its Legal System. Let us keep the two separate. Religion & State does not mix well. Compassion where required by law, yes, but not foolhardiness leading to bifurcation of the country and permanent destabilization.