In the midst of the excitement over the impeachment motion against the Chief Justice, the Government seems to have taken a decisive step on the matter of the 13th Amendment to the Constitution. The 13th Amendment (13A) has never come to be totally accepted in Sri Lanka. The circumstances in which it was introduced have [...]

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Scrap 13 A, give credible alternative

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In the midst of the excitement over the impeachment motion against the Chief Justice, the Government seems to have taken a decisive step on the matter of the 13th Amendment to the Constitution.

The 13th Amendment (13A) has never come to be totally accepted in Sri Lanka. The circumstances in which it was introduced have a lot do with it. The Indo-Sri Lanka Accord of 1987 was signed in not the most conducive of climates. It was meant to be, at least in India’s perspective, an alternative to the demand for a separate state, an answer to the demand for the devolution of political power to the minority Tamils in the North and East of Sri Lanka, and a nice little block from which India could have a ‘hands on’ engagement in the domestic affairs of its southern neighbour.

Sri Lanka has been saddled with Provincial Councils, the by-product of 13A for more than quarter of a century, and it is no secret that their continuation to this day, whatever the merits or de-merits the system may have, is entirely due to the interest shown by India, and the Western powers that took their cue from India. Even Opposition leader Ranil Wickremesinghe has made this point in seeking clarification from the Government on the differing views being expressed from within the ruling UPFA coalition partners. “….. Does the Government now reject the joint statement issued on May 26, 2009 together with the Secretary General of the United Nations, and the joint statement issued on May 17, 2011 together with the Indian Government” is what Mr. Wickremesinghe asked.

This newspaper published an exclusive report last week stating that the Government would now introduce a 19A as its proposal to the Parliamentary Select Committee (PSC) on the question of devolution. The details of 19A have to be worked out as far as we know, — and that the decision to do away with 13A stems from the aftermath of the Divineguma Bill run-in with the Supreme Court is a fair guess to make. But there must also be a limit to the prevarication on the part of the Tamil National Alliance (TNA) to participate in the PSC.

The TNA may see the PSC as yet another exercise in futility and being taken for yet another ride by the Government. On the other hand, the TNA refuses to shed its narrow-minded approach to national politics, and expects India to keep its political fortunes alive as its proxy party on the island.

India has not reacted so far to any of the Government’s moves since our uncontradicted news item on 19A. India may find it difficult to insist on 13A if a sovereign people want a better system of administration. The onus is, no doubt, on the Government in Colombo to provide that better system, and India might well want to see the blueprint of that before commenting. The Government cannot leave the subject of devolution suspended in mid-air or in a vacuum. That is unacceptable.

There was little administrative logic to be found in the Indian/TNA argument of yesteryear for a merged North-Eastern Province extending from Mannar to Batticaloa. It was the very antithesis of power to the periphery considering the wide geographical expanse of the province. There was, however, hegemony written all over it.

In today’s world, many of the issues that were burdens on the people can be resolved by modern technology. Passports in some economically advanced countries are applied for online and posted to the applicant’s residence. The same could apply to birth certificates, pension documents, land titles and deeds. Once these minor irritants are out of the way through technology, the Government is only left with the more complex issues of police powers and land settlement to grapple with.

Sri Lanka must move forward in that direction, not on tribal lines, nor on the basis of ethnic conclaves. Dismantling the ‘Made in India’ 13A is a step in the right direction. Not to replace it with an autonomous system would be a serious mistake on the part of the Government; and in doing so, if it is to concentrate powers under one minister, it may also be a step in the wrong direction.

Roadblocks for good governance

As predicted a fortnight ago, an internal report by a UN officer on the role of the world body during the last days of the military campaign against the LTTE in 2009 is now officially released. It is critical of both the UN and the Government of Sri Lanka.

The author of the report is himself no stranger to controversy, but seems quite well entrenched within the UN system. What is not clear, however, is how he manages to leak his own draft report to various persons who are known Sri Lanka baiters, and eventually to the BBC even before the UN Secretary General has made it public.

This is, after all, a report that deals with a sovereign country, and there is more than an element of neo-imperialistic arrogance in what has been done. And yet, it seems incomprehensible that neither the UN Secretary General nor the Government of Sri Lanka would deem it fit to ask this person for an explanation. As to the contents of the report, the Government will need to deal with it, mindful that this is yet another stoking of the dying embers to keep the fire alight on Sri Lanka’s human rights record, especially in relation to the crushing of the LTTE on the battlefield in 2009.

The Government must surely know that the Western powers haven’t let go of Sri Lanka yet, and will keep beating the drum of human rights for some time to come.

The recently concluded UPR (Universal Periodic Review) in Geneva has been hailed as a major victory by the Government; but it is a pyrrhic victory. There was no voting involved. It, however, betrayed the Government’s good intentions, or no intentions, of implementing some of the basic standards of good governance that a modern, decent, democratic country affords its citizens. Quite unequivocally, the Government has said it will not be implementing the Right to Information Act – until the Cabinet decides the time is right – which we know is never.

More than a hundred countries around the world give their people this right, but the Government of Sri Lanka, for reasons all too obvious, will not give it to its citizens.

The UPR and what the Government has said it cannot do are a clear indicator in which direction the country’s good governance roadmap is heading. Keep a look-out for the road blocks on the way.




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