Mr.Neil
Iddawala,
The Secretary to the Select
Committee of Parliament to Recommend and Report on Political and Constitutional
Measures to Empower the People of Sri Lanka to Live as One Nation
Parliament of Sri Lanka
Sri Jayawardenepura,
Kotte,
SRI LANKA
Dear Sir,
Reference to the request made by
the Select Committee of Parliament on the 10th July, 2013, to make
representations with regard to (i) preserve and promote their respective
identity and live with dignity and security as one Nation, (ii) enhance the
unity of the people of Sri Lanka, and (iii) empower the people and the country to promote
social, economic, political and cultural development, I make the following presentation.
The 13 Amendment to the
Constitution of Sri Lanka should be completely and wholely removed for the
following reasons.
The 13 th Amendment to the Constitution
of Sri Lanka could be looked at from two
different points of view.
(i)
as
a part of the Constitution of Sri Lanka, without taking into account how and when
it was introduced in to the Constitution, and
(ii)
as
a requirement under the Indo Sri Lanka
Peace Accord signed in July,1987, to
include it in the Constitution of
Sri Lanka as the 13th Amendment in return for India to disarm the Militant groups
and the LTTE terrorists, and establish peace.
Hence, under item (i)
there is no problem in keeping or
removing the 13th Amendment considering it only as an Amendment
to the Constitution. Sri Lanka had three Constitutions since its Independence. The Present Constitution was promulgated in
September,1978. It has 18 Amendments. If
the circumstances necessitate, the
Parliament could remove the 13
Amendment by a mere two third majority
in the Parliament or seek a mandate from the people to remove it.
All
promulgations of a Constitutions, or
amendments to the Constitution of Sri Lanka could be carried out by the
Parliament of Sri Lanka accept where it is necessary to call for a referendum of the people. No foreign country has the right to intervene
and dictate in the preparation of a Constitution, promulgation or bringing in
Amendments to it.
Under such
circumstances what we do with the 13 Amendment to the Constitution is the
business of Sri Lanka
and not that of any other country in the world.
The Parliament could modify the 13 Amendment, or remove it completely
from the Constitution according to the powers vested in it.
But under
item (ii) referred to above, if the 13th Amendment to the
Constitution of Sri Lanka were to be considered a part of the Indo-Sri Lanka
Peace Accord, then the question arises
as to whether there is a legal and
a valuable reason to leave the 13 Amendment in the Constitution of Sri Lanka after March,
1990, when the last IPKF contingent left Sri Lanka having lost 1155 of its
cadre and having failed to settle the on going terrorism or disarm the LTTE and
the different Tamil Militant groups under the terms of the India Sri Lanka Peace Accord- without giving satisfaction to the Peace Accord by India.
The deployment
of an Indian Peace Keeping Force to disarm the LTTE and the different Tamil
militant Groups and establish peace by
India, in return for Sri Lanka to enter the 13 Amendment into the Constitution of Sri Lanka and establish Provincial Councils were the requirements under the Peace Accord entered into by Rajiv
Gandhi and JR Jayawardhana signing the
India Sri Lanka Peace Accord on the 29 July,1987.
Unfortunately
when India withdrew its IPKF
having failed to satisfy the Indo Sri
Lanka Peace Accord, Sri Lanka
had already satisfied its part of the Peace Accord by introducing the 13
Amendment in to the Constitution and establishing Provincial Councils,
believing that India
would be able to disarm the LTTE and the Militant Groups to end terrorism and establish peace.
However, Sri Lanka did the mistake of not making
provisions in the Peace Accord to hold the insertion of the 13 Amendment into
the Constitution of Sri Lanka until the IPKF showed to the satisfaction of Sri Lanka that it was able to carry out its promise to
disarm the LTTE and the Militant Groups and establish peace. The result of that failure was that Sri Lanka
satisfied its part of the Accord well before IPKF proved not only that it was
incapable of disarming the LTTE, but also that the LTTE terrorists were a force
far stronger than it expected.
The end
result was that the Indo Sri Lanka Peace
Accord was breached by India
without giving satisfaction to the Accord , with Sri Lanka having an unwanted 13 Amendment left in its Constitution.
Therefore the Indo Sri Lanka Peace Accord
entered into by Rajiv Gandhi and JR Jayawardhana was revoked in March, 1990, by
one party to the Peace Accord-namely
India having
failed to give satisfaction. Therefore the Indo Sri Lanka Peace Accord signed
in July,1987 is a defunct instrument without any legal value, and logically the
13th Amendment which is an off shoot of that Accord is now an
illegal instrument which has no place in the Constitution of Sri Lanka.
If in
June,1987 India did not intervene by dropping relief food supplies to the terrorists
held in siege by the Sri Lanka Armed
Forces, the terrorists would have been defeated and terrorism in Sri Lanka would have been
terminated in 1987.
But because
of the Indian intervention the terrorism continued its destructive presence for 22 long years. Therefore, the Indian Government is responsible for all those loss of lives, wounded soldiers and civilians , damages to material and the economic cost of war during that period. Sri Lanka
Government therefore has a legal right to claim compensation from India.
It is clear
that Since 1987 India had
acted in bad faith vis à vis Sri
Lanka with an ulterior motive. It is an open secret that India took an active role in the defence of terrorism
in Sri Lanka.
It was made evident when India
sent a convoy of unarmed ships in June,
1987 to Jaffna,
followed by airdropping relief supplies
to terrorists in siege.
Sri Lanka
should also not forget that in
NJune,1987, the Indian External Affairs
Minister K.Natwar Singh had
summoned the Sri Lanka High
Commissioner in New Delhi to inform him of India’s decision to air drop relief
supplies to the rebels(terrorists) and had threatened that if the Indian Operation was
hindered in any way India would launch a full force military retaliation
against Sri Lanka. It was after that Sri Lanka
was forced to sign the Indo Sri Lanka Peace Accord on the 29 July, 1987.
Has India changed since then ?
But Sri Lanka had always acted in good faith
despites India’s
hidden motives.
India fooled Sri
Lanka to accept the 13th Amendment prepared by Indian legal Officers to
facilitate the terrorist to eventually
establish a separate Eelam State
by strengthening their hold in the Provincial Council once established. For that purpose North and the Eastern Provinces were merged into one under the
so called Peace Accord.
Sri Lanka naively included the 13th Amendment into the Constitution in good faith
in order to get the Indian Peace Keeping Force
to disarm the LTTE and the Tamil Militant Groups and establish peace as India had agreed under the Peace
Accord. India however failed to keep its
part of the agreement and abrogated it by pulling out the IPKF in 1990.
India cannot now claim any legal right under the defunct Peace
Accord to intervene to demand Sri
Lanka to implement the 13th Amendment.
The 13th Amendment is
an appendage that remain from an rescinded
accord and has no legal value.
The Sri Lanka Government need not
turn to India
to have its consent to remove the unnecessary
vulgar appendage-a symbol of shame, the 13th Amendment.
The
government may get a legal opinion and remove it by a resolution in
Parliament failing which it may call for
a referendum.
India has to stop its continued
aggressive demands with regard to the 13th Amendment as India
has lost its right to make such demands as far back as in 1990, and implementing or not implementing the 13th
Amendment is now a matter which has to
be decided by Sri Lanka alone, without India’s unnecessary interference.
However, Sri
Lanka has the legal right to demand India to pay compensation for the breach
of the Peace Accord through India’s failure to give satisfaction to the Accord,
resulting in the loss of human lives,
disability to persons and damage to property caused from 1987 to 2009 through terrorism,
plus the economic cost of the war against terrorism to Sri Lanka which is estimated at USDollars 200 billion.
The 13th
Amendment has no relevance to Sri Lanka
in its present context, therefore it has no reason to remain as an Amendment to the Constitution of Sri Lanka. The
Government of Sri Lanka is making considerable effort to reconcile the
Communities eliminating even the
majority and minority concept of the people.
The Tamil people have to be made to accept themselves as a part of the
Sri Lankan people and unite with the other Communities in a Unitary Sri
Lanka. That would not be possible under
the Provincial Council System established under the 13th Amendment which will only perpetuate
separatism.
Sri Lanka should set up a system of Regional Administration
in keeping with its own cultural and social background with a view to eliminate
Communal Separatism. Such a system of Administration should
stretch from village level to Government
as the Centre. In it all Communities should be brought together
preserving their respective identity and
assuring security from village level on wards. Such a system will promote unity of the Communities
that will be able to settle differences at village level. It will also pave the
way for the people of Sri Lanka as a whole to promote and participate in social, economic, political and inter cultural
developments.
These positive developments will
not be possible under the Provincial Council System which has created an intermediate system of Administration which is
akin to a Parliamentary System, distancing the Provincial Councillors from the
ordinary mass of people , unable to integrate into the different social levels
of the society because of a pseudo sense of a higher economic and social status.
The 13th
Amendment should therefore be
removed completely from the Constitution
of Sri Lanka, which would enhance the Independence of Sri Lanka as a Sovereign
State without India claiming a right to intervene in view of a breached,
and now defunct Peace Accord to
which India was a party.
Therefore,
it is my opinion that in the interest of our people who should live in dignity and in security amoung their fellow country men in peace and harmony,
the 13th Amendment to the Constitution of Sri Lanka should
be removed wholely and completely
leaving no trace of it by a two third majority in Parliament, or by a
referendum of the people.
In conclusion I would like to
remind the Select Committee of the Parliament that the President since his election,
without the support of the UNP and the rest of the Opposition, had determined
and carried out under immense difficulties tasks that none other political
leader of Sri Lanka
had dared even attempted, and achieved success.
Therefore, in the removal of the
13th Amendment from the Constitution too he need not depend on the support of the UNP, the TNA and other Political Parties which have only
restricted self interests. The President should without hesitation do what has
to be done in the interest of the people and the country as he has already
proved he is capable of doing, and remove the 13th Amendment to the
Constitution and face boldly any consequences for which he will have the
support of the people.
I pray for the President, the
people and the Country the blessings of the Triple Gem
Yours Sincerely ,
Charles.S.Perera