The 13th Amendment and moral obligations
Posted on December 9th, 2019
Malinda Seneviratne
Mano Ganesan,
leader of the Tamil Progressive Alliance (TPA) believes that ‘India has
the moral duty and political right towards the Tamils of the North and
East since the 13th Amendment is the child of the Indo-Lanka Accord.’
Prime
Minister Modi, when he met President Gotabaya Rajapaksa in Delhi,
flagged the 13th Amendment. That ‘flagging’ (of a dead horse, should we
add?) has excited Tamil politicians. M.A. Sumanthiran and S Sritharan of
the Tamil National Alliance have spoken about ‘Indian pressure’ almost
as a given, something wholesome and necessary. They, like others, have
often talked of the 13th Amendment as ‘just a start’. That’s
Chelvanayakam’s ghost talking, ‘a little now, more later’.
Well,
we’ve had the 13th Amendment for 30 years now. It was not an Indian
baby nor an Indo-Lankan baby. In real terms it was Rajiv Gandhi’s first
step in extending India’s hegemony in the region. He famously said ‘This
is the beginning of the Bhutanization of Sri Lanka!’ But then again,
arm-twisting aside, the accord certainly carries the Indian signature. Does that give India a ‘moral authority’ to see it implemented?
If
we talk moral authority, then we need to consider the Indo-Lanka Accord
not as an inflation of favorite parts but its entirety. Part of the
agreement was for India to disarm the LTTE. India didn’t hold up that
end of the bargain. The moral authority argument ends just there.
Now
all provincial councils, set up in accordance with the Indo-Lanka
Accord and the 13th Amendment, are dissolved. Indeed, some were
dissolved a couple of years ago. The administrative arm of the state
continued to function, however. So far, no complaints. No agitation for
elections, not from the democracy-darlings fronting for the United
National Party (UNP) whenever its political fortunes seemed to be going
down the tube and not even from the raucous Tamil communalist
politicians screaming ‘India’s Baby, India’s Baby!’
It
is not, let us repeat, India’s baby. The people of Sri Lanka never
wanted it. Their views weren’t obtained. The 13th Amendment was
illegally enacted and in a scandalous rush to boot. To claim that India
still has some stake on account of an Accord that died the day the
Indian Peace Keeping Force (IPKF) left the island, is silly or else
sycophantic. To plead for Indian ‘pressure’ so that Sri Lanka’s
political landscape can be altered can be read, if one were generous, as
a sign of helplessness. Another reading is possible: par for the course of Tamil communal politicians.
The
Tamil nationalist formula would retire for a considerable period of
time any chance of inter-communal reconciliation. That’s a recipe for
political instability. A weak, unstable state is of course something
that may make certain Indians salivate, but Narendra Modi would know
that desperate leaders could willingly barter sovereignty and much else
besides to the highest bidder. Indians talk about China’s footprint in
Sri Lanka. Indians aren’t exactly cheering on USA’s designs via SOFA and
the MCC Compact either.
All
that is external. There’s an internal element here. Sri Lanka. Sri
Lankans. Defunct provincial councils that’s not inspiring any whines
from any quarter. A Tamil
nationalist project based on a myth model that has served only the petty
projects of two-bit Tamil politicians. A war waged by warriors spawned
less by Sinhala chauvinism than Tamil nationalist who nurtured in THAT
baby unrealistic aspirations. A nation that requires healing.
Interestingly,
the communalism and the anti Sinhala and anti Buddhist rhetoric have
all been couched in the language of oneness, secularism and almost an
erasure of identity. Well, erasure of all identities except those of the
non Sinhala and non Buddhist sections of the population. ‘ONE SRI
LANKA!’ they shout, but not exactly in undertones interject ‘Tamil
National Identity,’ and Religious Identity (yes, all religious
communities except Buddhists). Having the cake and eating it. Trying to
ride two donkeys with one backside.
The
abolition of the 13th is necessary on account of its unholy enactment
and failure to resolve issues that have been mislabeled. Would that sort
matters out? Obviously not. Neither will ‘development.’ There’s an
issue of belonging which the ‘full implementation of the13th’ cannot
resolve (because it was ill-conceived and utterly out of sync with
geographic, economic, demographic and historical realities). It is
nevertheless an issue that requires priority attention.
President
Rajapaksa has referred to ‘inclusive nationalism’. What’s inclusive
here? Is it for the subjugation of all identities, communal and
religious, to some vague notion of ‘Sri Lanka’ and ‘Sri Lankanness’? Is
it some kind of ethnic assimilation, which is another term for gradual
and/or coerced dissolution of minority identity in that of the majority
community? Is it a celebration of all identity communities? He has not
spelled it all out. Not yet.
However,
if there is to be a Sri Lanka which is inclusive, then an important
non-negotiable would be the full restoration of Rule of Law and ensuring
the absolute independence of the judiciary, quite apart from addressing
and resolving representational anomalies (and not just on the subject
of identity).
This
country is made of a lot of things and people are one element. There
are resources that have to be protected and used in ways that are
wholesome. There is talent that goes unnoticed and eventually wasted
because the talented are not ‘properly’ positioned or are made invisible
by certain structures and processes. There are notions of ‘development’
that are inclusive and those that result in costs that are not counted
or are ignored out of boorishness, ignorance or simply because people
don’t want to deal with inconvenient truths.
President
Rajapaksa may or may not have a comprehensive understanding of
‘nation’. One hopes he does, because that would be a good thing. Then he
would not ‘forget’ anyone. He would not forget things like carbon
neutrality. He would not forget history and heritage. He would not make
anyone feel a lesser citizen or one who has to depend on the largesse of
someone else.
He
has told Prime Minister Modi (and also others who take note) that he
will speak his mind. This is a good thing. We’ve had politicians of all
hues promising the undeliverable, to one and all. The UNP in particular
has hoodwinked the Tamils (going by patterns of loyalty in elections)
into believing that their grievances will be redressed and aspirations
realized.
In
any event, obtaining such inclusivity will be difficult because of the
13th Amendment (among other things). Simply because it was a monumental
blunder and an affront to reason. Thirty years is long enough for people
to realize this. Keep it, and Tamil communalists will stand on it and
scream. Take it out and the true dimensions of grievance have a chance
of being articulated, i.e. the frills will be done away with.
It’s
not India’s baby now, anyway. India is out of the equation and can
claim equation-residence only on account of nostalgia or hegemonic
intent. Modi is obviously far too intelligent for such puerile
indulgences. No, it is not India’s baby. It’s Sri Lanka’s irrational
irritation.
If
India insists on the 13th or some version along those lines as price
for ‘help’ then Sri Lanka, which cannot really declare war on India,
should say ‘udau epa….vadath epaa’ (Help? Thank you, but no. Just don’t harass us).
Sumanthiran
has expressed hope that the new President will engage with his party.
Nothing wrong in that. Indeed, it would be good for the President to
meet the TNA and other parties representing districts that rejected him
in favor of Sajith Premadasa. He can listen to them. He can tell him his
story and his plans.
Those
plans, whatever they are, cannot be about the Tamils and Muslims only.
They will have to be about the Sinhalese too. And they will tell us what
he thinks about categories of people outside of ethnic and religious
colors. The ‘ethnic’ and ‘religious’ let us not forget have stolen
center-stage to the point that many subjugated and neglected communities
have been made invisible. A nationalism that includes Tamils, Muslims,
Sinhalese and other identity based groups but excludes the many
underclasses whose woes are forgotten or imagined not to exist, will be
partial inclusivity. That won’t do.
India
has certain moral obligations, I’m sure. Indians would know them.
Gotabaya Rajapaksa has moral obligations. That’s obtained from manifesto
and tested in implementation of the same. He’s known to be a
workaholic. Let’s see how he works and whether or not it will work.
malindasenevi@gmail.com.
This article was first published in the Sunday Observer [December 8, 2019]