Full implementation of 13A – Final solution to ‘national problem’ or end of unitary state? – Part II

By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

(First part of this article appeared yesterday)

Ten-point Accord for Regime Change arrived at Singapore in 2013

As disclosed by a report published on the Tamilnet website on 23 Jan., 2015, the TNA and the Tamil diaspora with the objective of achieving their goal of creating a federal state in the North-East played a key role in bringing about a regime change at the 2015 presidential election.

As revealed in this report, an LTTE front organisation in South Africa ‘In Transformation Initiative’ organised a conference in Singapore in 2013, and it was funded by two European countries. Former Minister of Foreign Affairs Mangala Samaraweera, TNA national list Member of Parliament M. A. Sumanthiran, Dr. Jayampathy Wickramaratne, who was an Adviser on Constitutional Affairs to two Presidents, representatives of the Global Tamil Forum (GTF) representing the Diaspora Tamils, Colombo University Law Professor Thamilmaran and a lawyer from the Sri Lanka Muslim Congress were among the participants at that Conference, according to the Tamilnet report.

Samaraweera, who represented Ranil Wickramasinghe, urged Tamils for support for regime change and abolition of executive presidency, promising in return to grant all demands of the TNA such as the release of all LTTE prisoners, changing the Governor of the Northern Province, removing Army from Jaffna, and the full implementation of 13th Amendment.

The report claims that the understanding reached in Singapore in 2013 formulated a conceptual framework on abolishing the executive presidency which is a fundamental obstacle for the Tamils to create a federal state in Sri Lanka based on ten basic principles described as the ‘‘Singapore Principles’’.

When Tamil aspirations were taken up for discussion, Sumanthiran wanted to avoid use of terms such as Nation and Right to Self-determination in the document. Thamilmaran remained silent on this matter.

Only the voice of a human rights defender, a Sinhalese representing the civil society, was in favour of a formula based on the recognition of nationhood of Tamil people with their traditional homeland in the North-East.

Thus, the Tamil aspirations went missing in the proposal. Instead, the document was drafted with the intention of being nondescript.

Sumanthiran, who represented the TNA took care not to include anything in the document that would result in arousing fear in the minds the Sinhala population in the South.

The Ten Point Singapore Principles agreed in the Accord:

In describing the nature of the State what is important is the substance; the labels are secondary.

(While maintaining ‘unitary state’ label, they can have a full federal rule in the North-East)

The Constitution shall be based on basic constitutional principles and values including sovereignty of the people, participatory democracy and supremacy of the Constitution which shall form an unalterable basic structure.

Power sharing shall be on the basis of self-rule and shared-rule within an undivided Sri Lanka.

(This is Sampanthan’s united, undivided, indivisible Sri Lanka; They have taken care not to use the terms ‘self-autonomy’, or ‘self-determination’; they mean the same thing when they use the term ‘self-rule’ and ‘shared-rule’.)

The executive presidency shall be abolished and the form of government shall be Parliamentary.

(Executive presidency was the main obstacle for the full implementation of federalism at that time; Now with Ranil Wickramasinghe as President, executive presidency has paved the way for full implementation of federalism.)

The pluralist character of Sri Lankan society as well as identities and aspirations of the constituent peoples of Sri Lanka shall be constitutionally recognized. (This will have the effect of diluting the identity of the majority Sinhala population in the country.)

There shall be a strong and enforceable Bill of Rights consistent with universally accepted norms and standards.

There shall be a separation of powers and an independent judiciary which includes a Constitutional Court.

Important institutions shall be independent and accountable. Appointments to these and High Posts shall be through a transparent mechanism that provides for a national consensus, example Constitutional Council.

Institutions of the State shall reflect the pluralist character of Sri Lankan society. (This will have the effect not only of diluting the identity of the majority Sinhala population in the country, but also of making appointments to important state institutions not on the basis of merit and qualifications, but on the basis of ethnicity and religion.)

The Republic of Sri Lanka shall be a secular state. The foremost place to Buddhism and equal status to other religions shall be assured.

Giving Effect to the Understanding reached in Singapore

The Yahapalana government, which came to power following the presidential election of 2015, took several steps to give effect to the understanding reached with the TNA and Tamil diaspora in Singapore in 2013:

Within 100 days of coming to power, on 28 April, the 19th Amendment to the Constitution was passed in Parliament, curtailing the executive power of the President to a great extent and enabling the Prime Minister Ranil Wickremesinghe to take the effective control of the government into his hands.

In the new Parliament elected at the August 2015 general elections, R. Sampanthan, the leader of the Tamil National Alliance with 16 MPs, was appointed the Leader of the Opposition in Parliament, ignoring the claim of the United Opposition with 51 elected MPs.

In January 2016, the government took steps to draft a new Constitution with Parliament sitting as a ‘Constitutional Assembly’ and with several Steering Committees well represented by Tamil groups appointed to draft different chapters.

TNA Proposal submitted to the Steering Committee contained the following points:

SL a federal state within the framework of a united/undivided and indivisible country. Centre and Provinces to exercise exclusive power in the areas of their competence.

North-East to constitute one state> N-E historically inhabited by Tamil speaking people;

The powers and functions to be assigned to the provinces shall be in conformity with the Recommendations of (a) Mangala Munasinghe Select Committee; (b) with shared sovereignty, 2000 Constitution Bill, etc.

Province to have power to muster financial resources required;

Governor not to have powers to interfere with the exercise of the executive power of the Province;

Sampanthan’s Speech at Matara in September 2016

When one goes through the Speech made by Sampanthan, as the Leader of the Opposition, at the Samurdhi Development Community Foundation Meeting held at Matara on 02 Sept., 2016, one can clearly see how the Tamil National Alliance is pursuing the same goal of setting up a full federal state in the North-East of Sri Lanka adopting new strategies so as to allay the fears of the people in the South about the division of the country. He attended the meeting at the invitation of Mr. Buddhika Pathirana, UNP MP. This is what Mr. Sampanthan said:

“We are not trying to divide the country. We are only trying to share power, the country will be one united, undivided, indivisible country which cannot ever be divided.

“All the powers required to ensure the unity and indivisibility of the country would remain with the central government. The powers that would remain with the central government in a power sharing arrangement that was being envisaged – defence, foreign affairs, finance and currency and immigration and emigration would be vested with the Centre. All the powers required to ensure the unity and indivisibility of the country would remain with the Central Government.

“Other powers would be devolved to the provincial councils which would have enhanced powers, and devolution would allow people of a particular region to exercise more control over the issues relevant to them through elected representatives of those areas. – Daily Financial Times of 05 Sept., 2016.

13 demands of TNA forwarded to Candidates of 2019 Presidential Election

Tamil National Alliance (TNA) led by Ilankai Thamil Arasu Katchi (ITAK) of Mr. Sampanthan forwarded 13 Point Demands to Candidates of major political parties that contested the 2019 Presidential Election, extending their support to the Candidate who accepts these demands.

“Having realised that the final solution to the long standing Tamil Ethnic issue, which has remained in the Island of Sri Lanka as an unresolved National Question for several decades and been the cause for the war which extended for over three decades, would be the – (1) Acceptance of the political aspirations of the Tamil Nation; (2) Recognition of the Northern and Eastern Provinces as the historical habitat and the traditional homelands of the Tamil Nation: (3) Acknowledgement of the Sovereignty of the Tamil Nation and (4) Realization of the fact that the Tamil People under the provisions of International Law are entitled to the right of self-determination, accordingly the creation of federal rule in the merged Northern and Eastern Provinces would be our considered stand-point.

‘‘ With the hope of finding a final solution to problems of Tamil People the following demands are presented to Presidential candidates of major political parties:

A solution to the Sri Lankan Tamil issue must be found by setting up a new federal constitution rejecting the heretofore unitary constitution, accepting the nationhood of the Sri Lankan Tamils and recognising its sovereignty and accepting that Tamils under the provisions of the International Law are entitled to the right of self determination.

Full-fledged independent impartial International Mechanisms through the International Criminal Court / International Arbitration Tribunal must be set up to inquire into the War Crimes and Crimes against Humanity and Genocide committed during the final stages of the war:

The Prevention of Terrorism Act must be withdrawn:

(Consequently) All Tamil Political Prisoners must be freed unconditionally:

Justice must be found for those affected by the enforced disappearance of persons through appropriate international mechanisms.

The Governmental Forces occupying private and state lands / buildings in the Northern and Eastern Provinces which were occupied by Tamils before the war must be withdrawn, the lands released and resettlement process must be immediately set in motion.

Sinhalisation, Buddhistization and Sinhala Colonisation in the Northern and Eastern Provinces presently with state assistance must be stopped immediately.

Since the Mahaweli Development Authority is engaged in planned Sinhala Colonization in the Northern Province under the pretext of redirecting of the Mahaweli River to the North, the jurisdiction of the said Authority must be forthwith terminated. Also the planned Sinhala Colonisation taking place in the Eastern Province under the Mahaweli Development Scheme must also be terminated.

The Moragaskanda Irrigation Scheme recently introduced is indulging in planned Sinhala Colonisation in the Vanni Region. All such Sinhala Colonisation must forthwith be terminated.

The expropriation of lands and areas of religious worship by Government Departments including Archaeology Department, Wildlife Department, Forest’s Department must forthwith be stopped. Those lands and places of worship already expropriated through these Departments must be freed from the effect of the Gazette Notifications which so expropriated them.

Those affected in the Northern and Eastern Provinces by the war, wanting to economically improve themselves or youth wanting to enhance their job opportunities receiving direct investments from our Diaspora and elsewhere must have all legal obstacles faced removed so that handling lands and finances here would be easy and quick.

Priority must be given to those belonging to the Northern and Eastern Provinces in Governmental and Private sector job opportunities in the said two provinces.

An independent mechanism must be set up under the supervision of elected Representatives of the People of the Northern and Eastern Provinces to handle all finances for Development in the said two Provinces after proclaiming the Northern and Eastern Provinces as areas affected by war.

(To be continued)