Under heavy pressure from the international community to put forward a credible political solution to the long-drawn ethnic conflict in the island, the Sri Lankan government finally unveiled its proposal to devolve power – a recommendation to go back 20 years.
After meeting 63 times and deliberating for over 250 hours, the All Party Representative Committee (APRC), which was set up by President Mahinda Rajapkase to derive a political solution to the conflict essentially proposed the implementation of the 1987 13th Amendment to the Constitution.
The APRC, which include neither the main opposition United National Party (UNP) nor the third largest political party in Sri Lanka, the Janatha Vimukthi Peramuna (JVP) nor the largest Tamil political Party in the parliament, the Tamil National Alliance (TNA), was simply ordered by President to restrict its recommendations to the implementation of the 13th amendment .
Any proposal based on the 13th amendment would maintain the unitary framework of Sri Lanka and not devolve any meaningful power to the Tamils, keeping the President’s hardline allies the Sinhalese Marxist JVP and the JHU (Buddhist nationalist Jathika Hela Urumaya) happy, whilst allowing the President to buy time with the international community for his military agenda.
However, the APRC recommendation for ‘the full and faithful’ implementation of the 13th Amendment conveniently leaves out some of the powers vested in the province under that amendment, such as police and land in addition to health and education.
This is ‘nothing short of a massive political fraud perpetrated on both the Sri Lankan people and the international community’ The Sunday Leader, a Sri Lankan newspaper, noted of the whole exercise.
Under pressure
The Sri Lankan government’s unilateral abrogation of the Norwegian sponsored Ceasefire Agreement and increasingly worsening human rights violations, together with the absence of any political solution had resulted in increased pressure on President Rajapakse to do something.
The international community, lead by the Co-chairs to the peace process, were threatening to freeze aid, while international rights organizations were becoming more vocal about the need for external human rights monitoring on the island.
In these circumstances, President Rajapakse assured the diplomatic community that a political package evolved through the APRC would be released before the end of January.
Further pressures was added when the visiting Japanese Special Envoy, Yashushi Akashi, hinted that his country too would have to reconsider any further financial assistance to Sri Lanka – though he later denied that was the intent of his statement.
The Prime Ministers of India and the UK also called on the government to put forward a credible devolution package, ruling out a military solution, in a joint statement they released on January 21.
Inherent in the British and Indian statement was a call for something more than what is already in the statute books.
Reaction
Lakshman Kiriella, a leading member of the UNP said the proposal by the APRC was only made to the liking of President Rajapakse. “The APRC did not consider recommending the full implementation of the 13th amendment (of the constitution) before the president requested it to do so,” he pointed out.
The TNA also dubbed the APRC recommendation to stick to the 13th amendment a 'farce'.
Rajapakse had arm-twisted the APRC to submit a report suggesting the implementation of the existing 13th amendment of the constitution and not go beyond it, Mavai Senathirajah, a senior TNA MP, told IANS.
“The idea was to create confusion in the political sphere and buy time. Otherwise, what was the need to make the APRC do this, when it was well on its way to drafting a new (quasi federal) devolution package?” Senathirajah asked.
“It was meant to satisfy the JVP and JHU,” he said.
By talking of implementing the 13th amendment, the president was trying to “hoodwink” India, Senathirajah charged. He alleged that Rajapaksa would not implement even the 13th amendment. “Ours had been a history of broken promises.”
Even the pro-government Tamil parties like the TULF, PLOTE and EPRLF-P were disappointed with the APRC proposal, saying the proposal could only be a 'first step' and that a final solution to the ethnic issue would have to be a federal constitution.
“The 13th amendment of 1987 was a treatment for ulcer. But 20 years down the line, the ulcer has become cancer. We now need a medicine for cancer, not ulcer,” said Tamil United Liberation Front (TULF) president V. Anandasangaree.
India’s Surprise Endorsement
Whilst Tamil political parties of all hues denounced the APRC proposal, India hailed the truncated devolution package as 'a welcome first step' if it contributed to a final settlement acceptable to all communities 'within the framework of a united Sri Lanka'.
Most Tamils in Sri Lanka were taken aback by New Delhi's pat for the package.
According to Indian media, Indian officials see the devolution proposals as 'a definite step forward' but are not oblivious to its limitations and the fact that it does not go far in meeting the political aspirations of the Tamil community.
“We are not looking at what has not been done or what could have been done,” IANS quoted an informed source as saying. “The fact is what has been suggested is a definite step forward, not a step back.”
Maavai Senathirajah commenting on the Indian reaction said he was disappointed with India for coming out in support of the APRC proposal, especially since it envisaged separate provincial councils for the northern and the eastern provinces. “The TNA will take up the matter with the Indian authorities.”
The proposal
The 13th Amendment, focus of the interim report of the APRC, followed the Indo-Sri Lanka Accord in 1987. Among other steps it envisages province as the unit of power and devolution of powers between the centre and the provinces as a solution to the ethnic crisis.
The amendment was rejected by all sections of the Tamil community when it was first proposed in 1987 and even the minimal sharing of power proposed in it were not implemented by the then President J R Jeyawardane. Successive Sinhalese government uninterested in devolving any power to the Tamils stayed clear of implementing the 13th amendment.
Presenting the report, the Committee said it was mandated by the President to prepare a set of proposals that would be the basis for a solution to the national question.
“After 63 sittings over a period of 11/2 years the consensus document is being finalised and it should be possible to hand it over to the President in the very near future.”
Buying further time for the President and dragging the process, the committee added that its recommendation for the ethnic conflict would require amendment to the constitution and that would require favourable climate to be established. And therefore it said it was proposing an interim proposal.
“Under the circumstances, the APRC taking into consideration its own proposals, has identified a course of action to achieve maximum and effective devolution of powers to the provinces in the short term.”
“The emphasis would be on meeting the aspirations of the Tamil speaking peoples, especially in the North and East. This would be done within the framework of the present Constitution, that is, the 1978 Constitution.”
“The course of action proposed by the APRC would be implementable with immediate effect, and envisages an interim arrangement pending the restoration of democratically elected Provincial Councils in the North and East.”
In its four-page report titled, “Action to be taken by the President to fully implement Relevant Provisions Of the present Constitution as a prelude to the APRC Proposals,” the Committee said: “The Government should endeavour to implement the 13th Amendment to the Constitution in respect of legislative, executive and administrative powers, overcoming existing shortcomings. Adequate funds should be provided by Government to facilitate effective functioning of the provincial councils. The centre should hereinafter route all finances in respect of special projects undertaken by the centre in the Provinces, if they are on subjects under the purview of the Provinces, through the respective Provincial Administrations.”
Ensuring it towed the president’s line on the eastern province, the APRC announced that the conditions in the eastern province was conducive for elections and recommended that elections be held immediately.
“The APRC is of the view that conditions in the Eastern Provinces are conducive for holding elections to the provincial council and that elections should be held immediately. Conditions in the Northern Province are far from being peaceful. A free and fair election in the North will not be possible in the near future. Hence an alternative arrangement is required in the Northern Province to enable the people of that Province to enjoy the fruits of devolution.”
“As it is not possible to hold elections in the North, the President could make appropriate order to establish an Interim Council for the Northern Province in terms of the Constitution. It may be necessary for such an Interim Council to make statues. The interim council of a province will aid [and] advise the Governor in the exercise of his executive powers, and will function until provincial council elections are held in that province. The interim council should reflect the ethnic character of the province.”
After meeting 63 times and deliberating for over 250 hours, the All Party Representative Committee (APRC), which was set up by President Mahinda Rajapkase to derive a political solution to the conflict essentially proposed the implementation of the 1987 13th Amendment to the Constitution.
The APRC, which include neither the main opposition United National Party (UNP) nor the third largest political party in Sri Lanka, the Janatha Vimukthi Peramuna (JVP) nor the largest Tamil political Party in the parliament, the Tamil National Alliance (TNA), was simply ordered by President to restrict its recommendations to the implementation of the 13th amendment .
Any proposal based on the 13th amendment would maintain the unitary framework of Sri Lanka and not devolve any meaningful power to the Tamils, keeping the President’s hardline allies the Sinhalese Marxist JVP and the JHU (Buddhist nationalist Jathika Hela Urumaya) happy, whilst allowing the President to buy time with the international community for his military agenda.
However, the APRC recommendation for ‘the full and faithful’ implementation of the 13th Amendment conveniently leaves out some of the powers vested in the province under that amendment, such as police and land in addition to health and education.
This is ‘nothing short of a massive political fraud perpetrated on both the Sri Lankan people and the international community’ The Sunday Leader, a Sri Lankan newspaper, noted of the whole exercise.
Under pressure
The Sri Lankan government’s unilateral abrogation of the Norwegian sponsored Ceasefire Agreement and increasingly worsening human rights violations, together with the absence of any political solution had resulted in increased pressure on President Rajapakse to do something.
The international community, lead by the Co-chairs to the peace process, were threatening to freeze aid, while international rights organizations were becoming more vocal about the need for external human rights monitoring on the island.
In these circumstances, President Rajapakse assured the diplomatic community that a political package evolved through the APRC would be released before the end of January.
Further pressures was added when the visiting Japanese Special Envoy, Yashushi Akashi, hinted that his country too would have to reconsider any further financial assistance to Sri Lanka – though he later denied that was the intent of his statement.
The Prime Ministers of India and the UK also called on the government to put forward a credible devolution package, ruling out a military solution, in a joint statement they released on January 21.
Inherent in the British and Indian statement was a call for something more than what is already in the statute books.
Reaction
Lakshman Kiriella, a leading member of the UNP said the proposal by the APRC was only made to the liking of President Rajapakse. “The APRC did not consider recommending the full implementation of the 13th amendment (of the constitution) before the president requested it to do so,” he pointed out.
The TNA also dubbed the APRC recommendation to stick to the 13th amendment a 'farce'.
Rajapakse had arm-twisted the APRC to submit a report suggesting the implementation of the existing 13th amendment of the constitution and not go beyond it, Mavai Senathirajah, a senior TNA MP, told IANS.
“The idea was to create confusion in the political sphere and buy time. Otherwise, what was the need to make the APRC do this, when it was well on its way to drafting a new (quasi federal) devolution package?” Senathirajah asked.
“It was meant to satisfy the JVP and JHU,” he said.
By talking of implementing the 13th amendment, the president was trying to “hoodwink” India, Senathirajah charged. He alleged that Rajapaksa would not implement even the 13th amendment. “Ours had been a history of broken promises.”
Even the pro-government Tamil parties like the TULF, PLOTE and EPRLF-P were disappointed with the APRC proposal, saying the proposal could only be a 'first step' and that a final solution to the ethnic issue would have to be a federal constitution.
“The 13th amendment of 1987 was a treatment for ulcer. But 20 years down the line, the ulcer has become cancer. We now need a medicine for cancer, not ulcer,” said Tamil United Liberation Front (TULF) president V. Anandasangaree.
India’s Surprise Endorsement
Whilst Tamil political parties of all hues denounced the APRC proposal, India hailed the truncated devolution package as 'a welcome first step' if it contributed to a final settlement acceptable to all communities 'within the framework of a united Sri Lanka'.
Most Tamils in Sri Lanka were taken aback by New Delhi's pat for the package.
According to Indian media, Indian officials see the devolution proposals as 'a definite step forward' but are not oblivious to its limitations and the fact that it does not go far in meeting the political aspirations of the Tamil community.
“We are not looking at what has not been done or what could have been done,” IANS quoted an informed source as saying. “The fact is what has been suggested is a definite step forward, not a step back.”
Maavai Senathirajah commenting on the Indian reaction said he was disappointed with India for coming out in support of the APRC proposal, especially since it envisaged separate provincial councils for the northern and the eastern provinces. “The TNA will take up the matter with the Indian authorities.”
The proposal
The 13th Amendment, focus of the interim report of the APRC, followed the Indo-Sri Lanka Accord in 1987. Among other steps it envisages province as the unit of power and devolution of powers between the centre and the provinces as a solution to the ethnic crisis.
The amendment was rejected by all sections of the Tamil community when it was first proposed in 1987 and even the minimal sharing of power proposed in it were not implemented by the then President J R Jeyawardane. Successive Sinhalese government uninterested in devolving any power to the Tamils stayed clear of implementing the 13th amendment.
Presenting the report, the Committee said it was mandated by the President to prepare a set of proposals that would be the basis for a solution to the national question.
“After 63 sittings over a period of 11/2 years the consensus document is being finalised and it should be possible to hand it over to the President in the very near future.”
Buying further time for the President and dragging the process, the committee added that its recommendation for the ethnic conflict would require amendment to the constitution and that would require favourable climate to be established. And therefore it said it was proposing an interim proposal.
“Under the circumstances, the APRC taking into consideration its own proposals, has identified a course of action to achieve maximum and effective devolution of powers to the provinces in the short term.”
“The emphasis would be on meeting the aspirations of the Tamil speaking peoples, especially in the North and East. This would be done within the framework of the present Constitution, that is, the 1978 Constitution.”
“The course of action proposed by the APRC would be implementable with immediate effect, and envisages an interim arrangement pending the restoration of democratically elected Provincial Councils in the North and East.”
In its four-page report titled, “Action to be taken by the President to fully implement Relevant Provisions Of the present Constitution as a prelude to the APRC Proposals,” the Committee said: “The Government should endeavour to implement the 13th Amendment to the Constitution in respect of legislative, executive and administrative powers, overcoming existing shortcomings. Adequate funds should be provided by Government to facilitate effective functioning of the provincial councils. The centre should hereinafter route all finances in respect of special projects undertaken by the centre in the Provinces, if they are on subjects under the purview of the Provinces, through the respective Provincial Administrations.”
Ensuring it towed the president’s line on the eastern province, the APRC announced that the conditions in the eastern province was conducive for elections and recommended that elections be held immediately.
“The APRC is of the view that conditions in the Eastern Provinces are conducive for holding elections to the provincial council and that elections should be held immediately. Conditions in the Northern Province are far from being peaceful. A free and fair election in the North will not be possible in the near future. Hence an alternative arrangement is required in the Northern Province to enable the people of that Province to enjoy the fruits of devolution.”
“As it is not possible to hold elections in the North, the President could make appropriate order to establish an Interim Council for the Northern Province in terms of the Constitution. It may be necessary for such an Interim Council to make statues. The interim council of a province will aid [and] advise the Governor in the exercise of his executive powers, and will function until provincial council elections are held in that province. The interim council should reflect the ethnic character of the province.”
