Moving ahead of the 13th amendment

 

(Courtesy of  The Island)
D. Chandrasiri Unawatuna
According to news item appearing in the island of March 13, 2015, the Northern Provincial Chief Minister, Mr. C. V. Wigneswaran has said that the time has come to move ahead of the 13th amendment, because it has never been a solution to Tamil peoples’ problems. Firstly, it is essential to know what the Tamil peoples’ problems are, so that there could be a discussion between all parties concerned, regarding a solution to such problems.

 

Be that as it may, for the information of all concerned, let me explain briefly, what had been done in the past to solve the ‘problems’. On January 8, 1966, “Tamil Language Special Provision” bill was presented in Parliament by the then Prime Minister, Mr. Dudley Senanayaka and approval obtained, in spite of stiff opposition from the parliamentarians of the caliber of Dr. Colvin R. de Silva, who, in 1956, vehemently opposed the Sinhala only bill presented to the then parliament. In fact. Dr. Colvin R. de Silva and his L.S.S.P. colleagues went in procession, along the Galle Road, against the Tamil language special provisions bill shouting slogans like “Dudlige baday masala wade” The Police had to intervene to control the procession and in the process, Rev. Dambarawe Ratanasara, got killed. Nevertheless, the Bill was approved by the then parliament and everybody thought that the problem has been solved. Yet, in 1982, the District Council bill was approved as a form of devolution on a district basis, with District Ministers In charge of each district and everybody thought that the problem has been solved. But, in 1987, the 13th amendment was approved by Parliament and again everybody thought that the problem has been solved. In fact, the then Minister of Finance, Mr. Ronnie de Mel, in a radio broadcast, told the country that consequent to saving of money, owing to the stopping of the war, after the 13th amendment, the salaries of government servants could be substantially increased, What happened thereafter is history. Are we to keep on granting solutions ad infinitum? Where do we stop? What guarantee is there that any further solution to be given now, will not suffer the same fate as the previous solutions? Moreover, when Rajiv Gandhi signed the Indo-Lanka agreement with J. R. Jayewardene, in 1987, he (Rajiv) said, with the Indian Peace Keeping Force being sent, terrorism will be wiped out within 72 hours. Any doubting Thomas, has only to go through the newspapers issued, after the agreement was signed in August, 1987. Be that as it may, an undertaking given by a prime minister of a country in public to another country, is binding on his successors as well. But, this undertaking was never honoured.

 

Be that as it may, extending the period of the Parliament by six years fades into total insignificance, when compared with the very far reaching changes to the Constitution, originating from the 13th amendment. Thus, if the extension of the period of the Parliament has to be approved by the people at a referendum, then the approval of the 13th amendment by the people at a referendum is an absolute necessity. Thus, the 13th amendment, for which people’s approval has not been sought at a referendum, is most certainly bad in law and, therefore, has no legal validity Therefore, how can any one now talk moving ahead of the 13th amendment, which in itself is bad in law.

 

Except for what happened in July, 1983 which was only a reaction to 13 innocent soldiers being killed, (suffice it to say that there would not have been any reaction, if there was no action), the majority community of this country, exercised great restraint and patience in the midst of grave and sudden provocation from August, 1983 up to May, 2009. The details of sufferings of the majority community, during a period of 26 years are unprecedented in the history of the entire world and would occupy more than two pages of this newspapers, even with a short description. Does the Chief Minister or the Tamil diaspora who rush to the streets at the drop of a hat, ever had a word of appreciation of the tremendous patience and restraint exercised by the majority community, who never touched even a hair of their Tamil brethren living with them, for 26 years, in spite of very grave and sudden provocations. Recommended reading for all concerned is the book written by Rev. Ellawala Medhananda, titled “Our Heritage in the North and the East”.

 

It is also most unfortunate that there had been no clamour for resettling of about 20,000 Sinhalese who were living in the North, prior to the beginning of the terrorist activities. It must also be mentioned that over 60 percent of the country’s Tamil population live outside the North and the East and they live in complete harmony with the majority community who did not touch even a hair of their Tamil brethren in spite of the acts of grave and sudden provocations referred to above.

 

In India, with a Tamil population of over 60 million, the sole official language of the country is Hindi, according to article 343 of the Indian Constitution.

 

I have, no doubt, that Mr. Wigneswaran, with his legal background would respond to this letter In full, in border to clear all the doubts in the minds of the majority community.

 

 

 



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