By Ayathuray Rajasingam –
Ayathuray Rajasingam
A close examination of the 13th Amendment, would reveal that the Northern Province Provincial Council (NPPC) is powerless to manage the Provincial Fund required for the economic development of the Northern Province, because of the enormous powers vested with the Governor. Actually it denies the economic freedom that would lead to the growth and prosperity of the Northern Province. Economic freedom denotes the ability of the individuals to undertake economic direction and actions. According to Friedrich Hayek Rule of Law is required for economic freedom as evidenced in the Western democratic countries. Equality of law requires that all legal rules apply equally to everyone which are seen as safeguards against restrictions on liberty, because they require that all laws equally apply to those with political and coercive power as well as to those who are governed. However, special privileges and arbitrary application of law in Sri Lanka are seen as exemptions from this principle of generality and equality.
After the defeat of the LTTE, economic challenges has been a major factor for the Northern Province that was ravaged by war. Though the infra-structure development work are being carried out, the denial of economic freedom and an absence of equality of law was characterized by systematic and calculated acts of grabbing lands belonging to the Tamils and colonized with the Sinhalese. The government failed to realize that majority of the Tamils aspired to live peacefully for which it should have provided a platform for economic freedom. On the contrary, the ruling politicians celebrated the victory as though they have won a great battle against another country and began to harass the helpless Tamils, which is not the method of healing the pains of feelings. It appears that the ruling politicians are still driven by narrow considerations that Tamils are not a segment of the Sri Lankan community.
It is time to take adequate steps to create an atmosphere of friendship and brotherhood for the Tamils to feel that Sri Lanka is still their home and to allay their fears of being hunted on suspicion through para-military groups. Now look at Canada. 50% of the Canadian population are immigrants, some of whom have fled through fear of being persecuted in their countries and they are been given their freedom to develop the economy in Canada. A friendly atmosphere is created to feel themselves that the country is their home and the immigrants had shown their sincere in developing the economy of the country and they are also ready to defend Canada. It is time for Sri Lanka politicians to realize that Nations are built on trust. Instead of pursuing a malignant economic policy, it is far better to grant their economic freedom to develop the country rather than borrowing loans from foreign countries, in addition to the hundreds of thousands of housemaids being sent to Middle-East countries where they are subject to endless harassment and torture.
In a democratic country where open economy is in practice, political and civil liberties are inter-woven with market-based economies. It is the economic freedom that will eventually lead to political freedom. Economic freedom is vital because it affects every aspect of an individual’s life. Economic freedom has many advantages. Everyone has a desire to live in a society with high levels of economic freedom. Economic freedom has the force of leading to higher incomes which would result in reducing poverty and unemployment among a number of other advantages, because the people are driven by desires to do the best jobs of producing products and services which transform into a better life-style of the people. Generally economic freedom promotes the well-being of the people. If there is an absence of economic freedom people’s lives become miserable because of the tyranny of some wealthy people and Sri Lanka is no exception. Briefly economic freedom helps to arrest the inflation of Sri Lanka currency.
In a democratic country the government should give freedom to the people to prosper themselves within a country without its interference. The people should feel free to secure and protect their human resources, labour and property. Hong Kong, Singapore, Australia, New Zealand, Canada, and other Western democratic countries have demonstrated that economic freedom is the key to greater opportunity and an improved quality of life, which the ruling politicians in Sri Lanka failed to realize. It is a tool that drives prosperity in the world. Sri Lanka is ranked 81st in Economic Freedom Score Index because of government’s intervention. Mention should be made that expatriates are willing to invest but Sri Lanka has not realized economic freedom revolve round the freedom to choose how to manufacture and market utilizing one’s own resources. It is reported that two State banks in Sri Lanka are in considerable debt while the Central Bank is not fully independent. Further it says the Government influences the allocation of credit and uses domestic financial resources to finance government borrowing. Had economic freedom been granted to the Provincial Councils would Sri Lanka be in this plight?
In a fast changing world, the allegation that North-East Province be considered either as a Money Order Economy or a Foreign Remittance Economy is without any foundation. The people of North-East Province have the will power & determination. When the people can withstand the attacks of terrorists and the Armed Forces, surely they can be led properly to build an economically strong nation. The people of North-East Province have the potential to develop the economy of the North-East Province if they are given the economic freedom. History has shown that prior to 1860 Germany and Italy were in shambles. What is required is a person of the calibre of Bismarck of Germany or Cavun Cavoor of Italy who gradually and steadily developed a sound economy with their shrewd diplomacy for the unification of their countries. Bismarck levied taxes to build Germany, but according to the 13th Amendment the Chief Minister cannot levy taxes from the people without the approval of the Governor who is appointed by the President. The 13th Amendment should be made meaningful in the best interests of all the Provinces. The issue of providing a free hand to the people of North-East Province to develop the economy does not mean separation, but for a strong economy that will unify the entire country. It is an issue of generating employment to several thousands and revenues for the North-East Province as well as for the entire country which will be more than the remittances sent by hundreds of thousands of housemaids from the Middle-East countries. The issue of increasing the salaries at intermittent periods will also not arise. This is equally applicable to other Provincial Councils too. Developing the economy of a war-ravaged Province does not mean colonizing Sinhalese in Tamil areas with the assistance of Chinese investments which is likely to antagonize India.
The allegation that if Police powers are given to the Provincial Councils, North-East Province will have a powerful Army is again ridiculous. The Police will be deployed to carry out the task of maintaining law and order in the civil administration of the Province. Similarly, if the Land powers are given, there will be a booming economy in the Northern Province because the Tamils have the will power & determination. Building a strong economy does not mean it is exclusively for Northern Province, but for the entire country. It is crucial that the 13th Amendment should allow room for reforming regulations which would create a conducive climate for economic activity. This will be beneficial for all the Provinces. It is vital that economic freedom should be analyzed in the context of forward thinking, which as an engine drives the spirit of confident building measures within the communities for the achievement of national reconciliation.
Since Indo-Sri Lanka Peace Accord was signed between two sovereign countries, it cannot be revoked unilaterally. The Peace Accord was drawn having due considerations to the United Nations Charter. India expects that all citizens be treated equally from 13th Amendment as under a federal system, though the word Federalism is not employed. 13th Amendment is only a stepping stone from where improvements by way of Amendments should be passed to make it more meaningful. But Sri Lanka accumulated all powers and funds within it without devolving the powers to the PCs. What really happened the constant denial of the fundamental rights of the Tamils eventually gave birth to terrorism where the voice of the moderates were silenced. Tamil militants made a blunder by misleading the Tamils instead of adapting the policy of Bismarck or Cavun Cavoor. When the Peace Accord was signed, Tamil militants should have avoided confronting the governments of Sri Lanka and India which demonstrated their immaturity and the lack of knowledge on International Law & International Relations and even on International Economic Law. Anton Balasingam made a blunder by having close links with the late R.Premadasa which compelled India to delay the implementation of the 13th Amendment with the required improvement as more meaningful.
C.V. Wigneswaran has been associating well with the Sinhalese and understands their aspirations. It is ridiculous to compare C.V. Wigneswaran with Anton Balasingam as commented by some unscrupulous Sinhalese politicians. C.V. Wigneswaran is a religious-minded gentleman with a sense of discipline in life. He has the capability to negotiate with the ruling Sinhalese politicians to promote the granting of economic freedom as adequate provisions by way of Amendments not only to fulfill the legitimate aspirations of the Tamils for the last 25 years but for the entire people in an atmosphere of cordial friendship, which effort will be applauded by the international communities and especially India which was instrumental for drawing the Indo-Sri Lanka Peace Accord. Moreover, instead of granting the economic freedom to make the 13th Amendment meaningful, C.V. Wigneswaran can tactfully point out that the ruling politicians have clumsily handled the matter and made it more complex by diverting their attention in antagonising the Indian fishermen around Kachchativu while having close links with China & Pakistan which have further aggravated India. Sri Lankan has ignored that there is provision in the UN Charter for any country to intervene in another country when there is a threat to its sovereignty on the pretext of genocide, cross-border terrorism, etc. It is time that Sri Lanka realizes how JR gave in when India demanded that foreign elements should not be allowed to use its harbour that are detrimental to the interests of India which is a reminder to the present government. Some Sri Lanka’s politicians shout that no country can intervene in the domestic affairs of a country without realizing that Sri Lanka has already bowed to India. If India declares North-East Province as its Protectorate in order to protect its sovereignty and territorial integrity, not only the issue of Kachchativu is solved automatically (this is one way of retrieving Kachchativu from Sri Lanka and is a debatable issue) to the satisfaction of the Tamil Nadu, but also the granting of economic freedom to Tamils, signalling an economic boom in the Northern Province. Diplomacy begins here.
It is at this juncture the choice of former Justice C.V. Wigneswaran appears to be a wise move not only to lead the Tamils in the democratic path and to allay the fears that haunt them, but also seen as an invitation to other legal luminaries and academics to step into the political stage at a time the Police, Judiciary, Customs and other Institutions are on the verge of collapse because of corruption. Since C.V. Wigneswaran can spotlight the lack of economic freedom that the 13th Amendment should have provided, the Tamil Parliamentarians should raise in one voice with him. There is a moral obligation on the Tamils to rally round C.V. Wigneswaran on this issue.
manisekaran / July 31, 2013
Dear Sir, Thanks for this beautiful write-up. If economic freedom is not enshrined, what is the use of having a name sake province? If I recollect the Indian independence movement, before 1935, similar provincial structure was existing in India without economic freedom, then people fought rigorously with British to change the nature and removed provincial diarchy leading to 1935 constitution, This 1935 constitution later served a base for modern constitution which accommodated the need of people and became a meaningful devolution.
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K.A Sumanasekera / July 31, 2013
Manisekaren’s current CM as well as the ex seem to have done well with their power to levy taxes on poor Dalits.
Both have nearly thirty thousand crores each stashed in Swiss Banks, according to the list of Foreigners holding Swiss Accounts which was publislished recently on the Net.
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Park / July 31, 2013
I am not sure who paid this author to write this article. How can he say that there is no economic freedom? First of all if the law has to be equal “Thesa Valamai” has to be abolished. No where in the article the author has clearly explained why there is no economic freedom under 13th amendment. He has spoken about Canada, well in Canada government does not give free handouts, every one has to work very hard. Prior to LTTE, North was the food basket for some produces, who is stopping them from continuing this practice. Those who were educated in the North moved to the south and worked in various positions and supported the families in the North, today too there are more Tamils in Colombo than Sinhalese. Hence the author cannot say that there is no economic freedom in the country, although this has nothing to do with the amendment. I am not saying that there are no issues in the North, especially due to military occupation and political manipulations. But the situation is much better than the LTTE times. This author has written an article with no supporting data. With Wigneswaran becoming the CM he will bring all parties to the negotiating table and not try to govern the NOrth sitting in the US.
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K.A Sumanasekera / July 31, 2013
Mr Rajasingham reckons if Vellala CM and the other eight are given the power to levy taxes, there won’t be any debt in our two major banks as well as the Central one.
What a genious?.
Shouldn’the loud mouth Economic Whizz kid in the UNP come out with these brilliant ideas , instead of its heavy hitter and body guard Ravi Karunanayaka , calling the Chief Ministers, Bandits..
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Nathan / July 31, 2013
Good news for N.Sambanthan & C.V.Wigneswaran and a dose of shock treatment for Wimal Weerawansa & Co. Good presentation with facts.
I am glad that Manisekeran understood the situation. By the way, will there be another air drop food parcels?
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Douglas / August 1, 2013
Mr. Ayathuray Rajasingam: You are now moving from “Religion” to the most controversial and hotly debated topic of “Politics”. Of course everything in our life today is “politics” and even the religion has been rated into the “second place”. So I congratulate you for embarking on this project of the “Local Government System of the 13th Amendment”
Your main complain to start with is the “enormous powers vested with the Provincial Governor”. The next step is to “campaign for the economic freedom of the North”
My question to you is; If the 13th Amendment has made provision to appoint such a person called the Governor and that person is vested with enormous powers, why we have this 13th Amendment at all? The next question is: you speak of economic freedom to the North and completely forgot the rest of the country. Is that the “ideology”, you are guided by?. Then contrastingly you go to speak of a “united country” and how does that is going to be compatible with the “economic freedom of the North:? This emphasis on “economic freedom of the North” is also linked with the mostly spoken and campaigned for slogan of “TAMILS ASPIRATIONS” and you too invisibly and indirectly campaign for it.
To achieve the above “Tamils Aspirations”, you have also chosen a “GOD SENT” “disciple” by the name Wigneswaran. Who is his “GOD”? He has been nominated by a person named Mr. Sampanthan and his TNL? Who are these people? This “MESSIAH” has already declared his “Mission” i.e.to liberate the suffering of Tamils.
So when we go to look at the above facts and truths and nothing but the truths, I am of opinion that even an average person could reasonably comprehend as to “what their mission is all about” and the support for this “DRACONIAN 13th AMENDMENT”. Also we have had enough of a “TASTE” of this 13 Amendment for the last so many years in the rest of the country without the North and our experiences are “heart-wrenching”. If you true to your heart, and “religiously” analyze the situation of the country after this 13th Amendment implementation, you will never ever speak of it, bu rather “DEMAND” its complete removal from the Sri Lankan Constitution.
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Ayathuray Rajasingam / August 1, 2013
Dear Douglas,
Thanks. I will be writing articles on religion in due course.
As regarding the 13th Amendment, it is a product of the Indo-Sri Lanka Peace Accord, which cannot be unilaterally terminated. India has already tied down Sri Lanka. You would have seen how JR gave in to their demands when signing the Peace Accord. India expects Sri Lanka to do something beneficial to the Tamils as they would enjoy under a Federal State. Unfortunately the LTTE had close links with R.Premadasa and even went to the extent of declaring that EELAM was not required. In fact, India was not for separation, but was unhappy over the conduct of the LTTE when it joined hands with R.Premadasa to fight the IPKF. The only option is to make the 13th Amendment meaningful, is by granting powers to the Provincial Councils to manage the Provincial Funds for the development of those Provinces. Instead of strengthening the 13th Amendment, Sri Lanka was taking steps to weaken the 13th Amendment to disgrace India which was monitoring the developments in Sri Lanka.
Moreover, Sri Lanka to antagonise India, it has messed up the Kachchativu issue without realizing the conditions. All what can be said is that India is waiting for the opportunity to retrieve Kachchativu to the satisfaction of Tamil Nadu, as Tamil Nadu is more important to India than Sri Lanka. This is why I mentioned the possibility of declaring the NE Province as an Indian Protectorate. The moment it is declared as an Indian Protectorate, India will not bother about terminating the Peace Accord, because Sri Lanka will be at the mercy of the NE Province. It should not forgotten that Teluegana is been carved out of Andhra Pradesh and is awaiting approval Sri Lanka has already fallen into the trap spread by India. That is why I mentioned “Diplomacy begins here” as anything can happen. Anyway it is debatable issue.
Apparently the motive of Sri Lankan rulers was and is still to destroy the economic strength of the Tamils through which they intend to dictate terms. But Tamils are an intelligent and hardworking race. That is why I mentioned that Sri Lankan rulers failed to realize and ignore that the Tamils were a segment of Sri Lankan community.
I have also mentioned that the presence of C.V.Wigneswaran in the Provincial election is an invitation to other professionals and academics and also it is a signal to people to enter into the political stage in other Provinces when the public institutions are on the verge of collapse. You can note the sentence ‘This is equally applicable to other Provinces too”.
Finally, C.V.Wigneswaran is known to me for the last 35 years at Hulftsdorp. He is a person who stands for justice.
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Sellam / August 3, 2013
As a Tamil I would be the happiest person if North and East becomes a protectorate of India. That would teach the hardliners a lesson because they cannot unerstand give and take policy among own citizens.
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Fernando / August 1, 2013
Tamils & Sinhalese should read this article which gives Valuable facts that make people Vigilant.
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Manoj / August 1, 2013
You undoubtedly have a promising future in journalism as you continue to do this type of investigative reporting. What you are doing is a great service to all of us. We hope you will continue.
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Douglas / August 2, 2013
Dear Mr. Ayathurai Rajasingam: Thank you for your response. I am so pleased to read your comments, because hardly I notice any other writer’s response to comments. So you are so special and my respects to you.
Coming back to the subject matter of the 13th Amendment, we all know how that was brought about and the process that was adopted by the then HE of the Sri Lanaka. We also know how he virtually “imprisoned” the Parliamentarians in a hotel to get the vote to pass that Amendment. Also we know and it is on record to show how the then Prime Minister Mr. Premadasa, the then National Security Minister Mr. Lalith Athulathmudali boycotted the proceedings and also how the Minster of Health Mr. Gamini Jayasuriya resigned his post and the membership of the Parliament. We also know how JR explained how and why this was done. He acknowledged that if he did not signed the “Peace Accord”,either Probakaran would have completed his mission of establishing the Eelam State or India would have “invaded” the country which act was demonstrated by the “dropping of parippu” by the Indian Air Force. That is a very, very brief note of the “environment” to the “Peace Accord”. I have to say a lot more, but space is limited herein.
You say that this “Peace Accord” was to implement the desire of India to “do something beneficial to the Tamils as they would enjoy under Federal State”. If that was the case, India had its own ulterior motive in “undermining” and “an arrogance” of imposing their thinking and styles of governing on others without the due process of consultations and democratic way of implementing changes. Then on that count alone this “Peace Accord” is bad in law and must be abrogated.
Leaving that aside, you also say “13th Amendment, it is a product of the Indo Lnaka Peace Accord which cannot be unilaterally terminated”
Having read that your had associated Mr. Wignesewaran for 35 years at Hulfsdorp, I assume you to be a highly respected Lawyer. As a lawyer, you are well aware that this 13th Amendment is now a part of the Sri Lanka Constitution. In your opinion, isn’t there any provision in the very Constitution on how to amend, abrogate any of the provisions laid down therein? If you say “yes”, I don’t think your statement “13th Amendment cannot be unilaterally terminated” holds water.
Please be aware that Sri Lanka is a “SOVEREIGN” and also a democratic country. The PEOPLE are SUPREME and they have the right to do whatever they please in regard to any matter of governance. If you are in Sri Lanka, you to have that right and will be bound by that majority decision. You want to give that right to India and deny or “usurp” that very basic right from the people of Sri Lanka, you don’t deserve to be a son of our country. Is that a “mirror image” of you? I hope not.
Your concluding statement in defense of Mr. Wigneswaran that “he is a person who stands for justice”, could have been appropriate for his past. I have seen very many after such splendid work in “isolation” and turned to Politics becoming the worst of the bad lot. My dear Mr. Ayathurai, those days a gone. Why go too far. Look at your Hultfsdorp itself. You will see for yourself how the “Justice has packed her bags and disappeared”.
To cut short a long comment, let me ask you to tell all your community and the leaders to be “INCLUSIVE” but not “EXCLUSIVE” with a clear demonstration of SPIRITUALITY to build a UNITED SRI LANKA for all of us to live in peace.
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manisekaran / August 2, 2013
Mr. Douglas you write so much about India abetting to Srilanka? Can you answer my question? Why the hell Srilanka chose to allow pakistani aircrafts to re-fuel during India-Pak wars? You chose to want a enemy and enemy chose to show muscle power back to you? Why crying now? Was that India orchestrated 1983 July resulting refugee flooding to TN? Your stupid JR was responsible for not only black july, but also all further struggles to people in Island. Silly lanka will see more lesson as long as it tends to muscle its flexes and playing china card and all BS.
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Concerened. / August 2, 2013
i agree with Park that on your own reasoning, Thesa Vallamai law which is an unequal law must go. Why don’t you spell it out and say so? You speak of Singhala colonisation of the North too.I suppose, You are not against Tamil colonisation of the North which took place during the colonial phase, and more recently with Indian Tamil settlements in the Vanni.Just recently, the former Indian Foreign Secretary Nirupama Rao was speaking of India’s concern over people of Indian origin in the Vanni.How come she could speak so? Do you mean only Tamils can settle in the north and not the Sinhalese? Where is your sense of justice or Rule oF Law. Your position smacks of racial discrimination though paying lip service to Rule of Law.
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Ayathuray Rajasingam / August 3, 2013
Dear Douglas,
I appreciate your concern. Just prior to the signing of the Peace Accord (i.e. between 1970 – 1987), India became vigilant and wanted to muster its authority in the Indian Ocean. Indra Gandhi even went to the extent of getting prepared in the event of US involvement in the Bay of Bengal during the Bangladesh independence war. It is in 1977 JR introduced the Liberal Economy in Sri Lanka and was friendly with the Western countries. I think that this was the period Henry Kissinger made a break through in China and US wanted China to be friendly with it. (Vide my article Indo-Sri Lanka Peace Accord and the 13th Amendment – Who is the winner?). JR was friendly with US, Pakistan and even China. When the food parcels were dropped by the IAF, none of these countries came forward to rescue Sri Lanka. On the contrary, when the Indo-Sri Lanka Peace Accord was tabled before the General Assembly of the United Nations, it was applauded by the Western democratic countries. So what has happened to Sri Lanka’s sovereignty?
Moreover, India was compelled to assert its authority, because it was unhappy over the behaviour of both Sri Lankan delegates and the Tamil militants at the Thimpu Talks. Both parties failed to realize that negotiation is an art and involves technique and not to expose emotions. G.Parthasarathy, as an diplomat, has confronted a number of conflicts. Soon after the failure of the Thimpu Talks there were a number of unpleasant incidents in Sri Lanka and eventually ended up with the dropping of food parcels by the IAF. It is not only JR, whoever was President at that time they would have signed the Peace Accord. It should not be forgotten that SAARC too was established before the Peace Accord, while Wahhabism planted itself and began to spread its wings in Sri Lanka. So India has to adjust everything. This is the reason why India wanted the 13th Amendment and expected Sri Lanka to strengthen it by way of further amendments, instead of weakening it. In fact, India’s concern was to wipe out terrorism at any cost. The raze of Kathankudy by the IPKF was a case in point.
The problem with the Sri Lankan rulers is that they are reluctant to accept Federalism as the only solution. Even in Great Britain, Scotland, Wales and Northern Ireland has separate Acts for themselves indicating the features of federalism.
It is true that the United Nations Charter prohibits intervention into the domestic affairs of another country. At the same time there is also provision in the Charter that a country can interfere in another country on grounds of genocide, cross-border terrorism, etc. I am of the view so long as there is good governance while maintaining the Rule of Law, its sovereignty remains stable and no country can interfere into it. With the passage of time, turn of events take place. Today Islamic terrorism is a threat to the entire world and we see a Military Alliance among US, Israel and India. This is where Sri Lanka blundered itself in having close ties with some countries to the annoyance of the Western democratic countries. Sri Lanka rulers lacked far-sighted thinking in the international affairs. At this juncture, it should be mentioned Sri Lanka messed up with the Kachchativu issue. Sri Lanka failed to honour the conditions when India handed Kachchativu. Space is not enough to elaborate it.
There is also another instance – when a country, which becomes bankrupt on account if its malignant economic policy, applied or encourages foreign investment, the country which comes forward to assist will always expect something in return-something like to allow its products to be imported without tax restrictions so as to cover its loans. Again it is seen that a country’s sovereignty is negotiated indirectly. There are number of instances.
I am of the view that if Sri Lanka could have gained independence through a bloody war like the USA or India, there would not have been this ethnic conflict.
As it is the Indo-Sri Lanka Peace Accord is a treaty signed between two sovereign States and as such any attempt to dilute the 13th Amendment, I am afraid that Kachchativu might slip away from Sri Lanka. That is why I always maintain Diplomacy begins here.
Regarding colonization of Sinhalese in NP, they should not grab lands belonging to Tamils and colonize it. If colonization takes place in State lands no one is worried. Yet it is an unwanted exercise. It would have been better if the Tamils of their own invite the Sinhalese to NP and settle them. That situation will take place once the ethnic problem is solved.
When the present regime went even to the extent of disregarding the Latimer House principles and unlawfully impeached the Chief Justice, the sovereignty of the country also becomes questionable.
Douglas, may I also point out that I know C.V.Wigneswaran for so many years but I have associated more with the Sinhalese Judges and lawyers.
Sometimes I used to think of my good old days with the Sinhalese. We were together in the same team, eat together and defend together. Let us all pray and wish that an end be brought to this ugly racism.
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Nathan / August 3, 2013
I think the writer is shrewd enough to hint indirectly at the Kachchativu issue which is likely to slip away from the ands of Sri Lanka. Note that he connects he discusses about the 13th Amendment and connects it with the Kachchativu issue. There is a possibility of a bargain for Kachchativu to terminate the Indo-Sri Lanka Peace Accord. He goes on to say thereafter Sri Lanka may be at the mercy of NE Province. Is the Kachchativu issue going to be the downfall of the present regime. N.Sambandan & C.V.Wigneswaran appears to be having a strong grip on this issue. Apparently some unpleasant developments at Gampaha may also lend a helping hand to weaken the present regime at this crucial hour. It is going to be a clash of brains which will be very interesting to watch.
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Douglas / August 3, 2013
Dear Mr. Ayathurai: Thanks for your views on various matters stated, whether connected with the 13th Amendment and Mr. Wigneswaran’s quest for “Economic Freedom of Tamils” or with the “Agreement on Kachchathivu”.
I think what you express on Kachchathivu is your fear of a retaliatory measure that could be adopted by India in the event of any changes or abrogation of the 13th Amendment. As regards, Kachchathivu , as correctly pointed out by you is purely “diplomatic”, because the two agreements, (1974 and 1976) are both under challenge presently in India. So let it be handled by the two Governments as a separate case.
Mr. Nathan is correct in his comment stated above.
We can discuss the background to the “India/Sri Lanka Peace Accord” for ever and ever. What I was trying to say is as regards the 13th Amendment of the Constitution of Sri Lanka. If that Amendment is not acceptable to the “PEOPLE OF SRI LANKA” want to “amend” or completely abrogate it, what right India or any other outside country has to prevent it happening? This is our Constitution and we decide as to what it should be. In a worst scenario, if this Government or a future Government decides to re-write the entire Constitution, can anyone “demand” to “retain” the 13th Amendment or embody that provision in its entirety in the new Constitution, just because it was in keeping with an “Agreement” signed with another country? I hope you got my view on this matter.
As regards Mr. Wigneswaran, the intended Chief Minister of the North. I hope you would have read his opinion expressed, when he said: “My stint as a Judicial Officer in the Northern and Eastern provinces during the turbulent period from 1979 to 1986 enlightened me as to the feelings and aspirations of the vast majority of denizens of those two provinces. It is not devolution nor sharing of power they seek. They seek the restoration of their rights. Rights which were snatched from them by virtue of mathematical innovation where the majority in two provinces were added to the majority in seven provinces and thus made into a minority in the nine provinces” This “snatching” of rights and reduction to a “minority” status, he described in the following example”
“I have always referred to an incident that used to happen when we were marble playing youngsters in school.Some of our seniors who were not prefects would pounce upon us suddenly and illegally confiscate all our marbles in order that they would themselves play with them. When we protested they would keep 90 percent of the marbles and offer us 10 percent and thereafter progressively increase it to a bout 20 percent forgetting that all the marbles were ours and that the seniors had no right to confiscate in the first instance”
Mr. Ayathurai: Please read the above carefully and you will understand what he is “aiming at” and who he is to be. PERHAPS, YOU TOO WOULD HAVE COINED UP THE SLOGAN “ECONOMIC FREEDOM UNDER 13th AMENDMENT” in keeping with the above “marble story”. In connection with this “sermon” he preaches, let me quote the words of Late First Prime Minister of India, Hon. Jawaharlal Nehru when he wrote “The Discovery of India”:-
“SELF-INTEREST NOT ONLY BLINDS ONE TO JUSTICE AND FAIR PLAY BUT ALSO TO THE SIMPLEST APPLICATION OF LOGIC AND REASON”.
Thank you for the very cordial exchange of opinion on this subject.
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Ayathuray Rajasingam / August 4, 2013
Dear Douglas,
I also thank you for exchanging the views with me. As regarding the 13th Amendment, nothing can be done so long as it is by two heads of two sovereign countries. There are only three options to my knowledge. First, there is a possibility if North-East Province is made a Protectorate either under the UN or India. The second option is when Sri Lanka passed a new Constitution (which be the Fourth) and here, too, I am unable to comment how India will react-whether it will back the Tamils again and tries to seize Kachchativu. The final option is both India and Sri Lanka can jointly abrogate the Peace Accord, but India will not like to see Sri Lanka leaning towards China & Pakistan and also wants to see that Sri Lanka is bound by SAARC objectives. Finally India is also aware of the Islamic Terrorist Organizations operating under various pretexts. Once again, I thank you for raising the issue of Sovereignty of Sri Lanka.
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Sellam / August 3, 2013
Federalism with police, land and ecconomic powers is the best solution for Sri lanka like switzerland. Thanthai Chelvanayagam advocated a federal state for Sri lanka. S.W.R.D.Bandaranayaka, before him, while forming his “Progressive National Party”, introduced a federal concept and said that the only solution for the existing problem will be the adaption of a federal system of government. Why can’t these leaders understand it.They refuse to understand because in their mainds, they want to subjugate the minorities and teach the Sinhala masses accordingly.
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kali / August 4, 2013
has been associating well with the Sinhalese and understands their aspirations. It is ridiculous to compare C.V. Wigneswaran with Anton Balasingam as commented by some unscrupulous Sinhalese politicians. C.
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kali / August 4, 2013
Mr.Rajasingham,
You are right in your analysis in what is needed to right the wrong but we are a long way from even meeting the minmum demand to feel equal citizens.
What we need to feel equal citizens is to have a stake in the Country and the following will summarise it:
1)First of all the elction of a CM but even that hangs in the balance.
2)Taking over of security with a Tamil Police force and cofine the Army to Barracks as we cannot have the army raoming the street under the pretext of remnants of the LTTE still posing a threat.On the contrry it is the barbaric soldiers who are posing the threat to the social fabric.
3) The right to preserve our Language and Heritage and decide our own destiny.
4) Economic development will only be possible when we have political and social freedom without which ecnomic freedom is meaningless.
5)The only reason why MR has agreed to hold the election is to be photographed with the Commonwealth Leaders for his Album and once the films have been deveoped then it will be business as usual and we will be back in the dolldrums.
6) As I have repeated many times before the only country that can gurantee our Freedom is India but we will not get anything under this Government.
We just have bide our time until the Indian Election and hope upon hope that BJP will come to power.
I have some reservations about the following
Mr.Wigneswaran has been associating well ( that is an understatement as he is a bed fellow and by that I mean his sons have a sleeping arangement with two sinhalese chicks )with the Sinhalese and understands their aspirations. But what about our aspirations and does that matter may be not as we are considered second class citizens. It is ridiculous to compare C.V. Wigneswaran with Anton Balasingam as commented by some unscrupulous Sinhalese politicians.
What are the ASPIRATIONS of the Sinhalese PLEASE.
I will tell you what it is and that is the Tota anihillation of the Tamil race and that is what MR is working towards and he is very close to realising that dream.
For me the choice of Mr.Wigneswaran is just the starting point and he appears to have all the right credentials and also brings some strengh by demonstrating to the Racist Sinhalese majority that his vision cuts accross ethnic divide and he is not petty minded.
The model for Sri Lanka is as follows:
Divided as two seperate people and recognising the aspirations of each ( and not Just the Sinhalese) we STAND
United within one Sri Lanka under Sinhalese domination and gradual encroachment and colonisation we FALL.
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Nathan / August 4, 2013
Kali,
Just be patient till the Kachchativu issue arises. The author has analyzed the situation carefully considering every aspect of international relations, public international law and international economic law. Sri Lanka has already been tied by India. It is a matter of bargaining Kachchativu for the abrogation of the Indo-Sri Lanka Peace Accord. Thereafter, the drama begins. Remember he says ‘Diplomacy begins’. Only thing our Tamil Parliamentarians should stand together with N.Sambanthan & C.V.Wigneswaran and not to talk out of turn.
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kali / August 4, 2013
Nathan,
I know how you feel but brov dont be side tracked and take the eye off the ball. Katchathiviu is only a small issue (miniscule)but the following should send shock waves through the Sinhalese minds.
” Sinkala thivunukor palam amaipom Sethuvi Medurithi Vethi Samaipom ” and after that all hell will break loose and 1.3 billion will be roaming the Island and that will be “D” day for the Sinhalese race.
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Rex / August 4, 2013
Whatever said and done. Tamils can’t expect anything from Sinhala government. Ruling party wants the support of the majority to survive. Otherwise they will and end up behind bars for the war crime. In order to survive they will prepare to sacrifice tamils aspiration on any cost. India is the only savoir of Tamils. If all Tamils believe in India, I think they dreaming like Bollywood movie. GOD SAVE TAMILS…
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