Govt Must Honour Promises Given On 13th Amendment – M. A. Sumanthiran
- Govt behind move to repeal 13A, but lacks courage to do it directly
Sunday, May 26, 2013
TNA parliamentarian, Attorney at Law, M. A. Sumanthiran says that the JHU’s move to propose the abolition of the provincial council system under the 13th Amendment to the Constitution is backed by the government since the JHU is a constituent member of the governing party with a member in the Cabinet.
“There must be a power-sharing arrangement agreed upon that enables the Tamil People of this country to live as equal citizens with dignity and self-respect, handling their own affairs in their own areas,” he said. However, Sumanthiran observes that this government’s track record on finding a lasting solution to the ethnic issue will not infuse any degree of confidence. He added that India has a moral responsibility to ensure that the 13th Amendment is fully implemented and also ensure that Sri Lanka goes beyond that.
Following is the interview:
Q: Governing party ally, the JHU is to present a private members motion in parliament calling for the repeal of the 13th Amendment to the Constitution and the provincial council system. How do you view this development?
A: The JHU is a constituent party in the government. It has a member in the cabinet and therefore is bound by collective resposibility. The government is obviously behind this move, but does not have the courage to do it directly.
A: The JHU is a constituent party in the government. It has a member in the cabinet and therefore is bound by collective resposibility. The government is obviously behind this move, but does not have the courage to do it directly.
Q: The JHU and the NFF led by Minister Wimal Weerawansa are vehemently opposed to the 13th Amendment and have therefore opposed the holding of provincial council elections in the North. Do you think that it is a justified demand?
A: The JHU has participated in the provincial council system and have a minister too in the Western Provincial Council. The JVP too has participated in this system when Minister Wimal Weerawansa was a member of the JVP. It is therefore hypocritical for both to now object to the provincial council system only to deny the Tamil People of the North the opportunity to participate in it.
A: The JHU has participated in the provincial council system and have a minister too in the Western Provincial Council. The JVP too has participated in this system when Minister Wimal Weerawansa was a member of the JVP. It is therefore hypocritical for both to now object to the provincial council system only to deny the Tamil People of the North the opportunity to participate in it.
Q: Do you feel that implementing the 13th Amendment would be an insult to the war heroes?
A: Not at all! On the contrary, the war itself was fought on the basis that after the war ended the government would devolve power going beyond the 13th Amendment.
A: Not at all! On the contrary, the war itself was fought on the basis that after the war ended the government would devolve power going beyond the 13th Amendment.
Q: The Indian External Affairs Minister had also spoken of the 13th Amendment with his Sri Lankan counterpart. Do you believe that India could prevail upon the government to fully implement the 13th Amendment?
A: India has a moral responsibility to ensure that the 13th Amendment is fully implemented and also to ensure that Sri Lanka goes beyond that and make devolution meaningful. This is precisely what the Government of Sri Lanka has assured India repeatedly through joint statements in the last three years.
A: India has a moral responsibility to ensure that the 13th Amendment is fully implemented and also to ensure that Sri Lanka goes beyond that and make devolution meaningful. This is precisely what the Government of Sri Lanka has assured India repeatedly through joint statements in the last three years.
Q: How do you think the issues faced in implementing the 13th Amendment would impact on the overall functioning of the country?
A: The TNA does not regard the 13th Amendment as the final political solution. The 13th Amendment has several flaws. Prof. Peiris is on record calling it ‘fundamentally flawed’. But that is still a part of the Constitution of the country. There is no choice but to implement it fully. When that is done, the flaws in it will be exposed and thus help making the necessary changes to its fundamental structure, making power-sharing meaningful.
A: The TNA does not regard the 13th Amendment as the final political solution. The 13th Amendment has several flaws. Prof. Peiris is on record calling it ‘fundamentally flawed’. But that is still a part of the Constitution of the country. There is no choice but to implement it fully. When that is done, the flaws in it will be exposed and thus help making the necessary changes to its fundamental structure, making power-sharing meaningful.
Q: The left parties in the government are against moves to abolish the 13th Amendment while the SLMC has also expressed support to the piece of legislation. What impact do you think it would have on the government?
A: The government needs a two-third vote to amend the Constitution. If the SLMC and the Left parties do not support an amendment, it will not be possible to pass it.
A: The government needs a two-third vote to amend the Constitution. If the SLMC and the Left parties do not support an amendment, it will not be possible to pass it.
Q: What role would the TNA play in getting the 13th Amendment implemented and holding the Northern Provincial Council election?
A: In the present circumstances if the Northern Provincial Council elections are held the TNA will contest it. We will always call for the full implementation of the country’s constitutional provisions and would strive to make devolution meaningful by advocating for radical changes to the 13th Amendment.
A: In the present circumstances if the Northern Provincial Council elections are held the TNA will contest it. We will always call for the full implementation of the country’s constitutional provisions and would strive to make devolution meaningful by advocating for radical changes to the 13th Amendment.
Q: How do you think the government could resolve the current controversy over the 13th Amendment?
A: The government must honour the promises it has given with regard to the 13th Amendment without resorting to subterfuge.
A: The government must honour the promises it has given with regard to the 13th Amendment without resorting to subterfuge.
Q: Do you have faith in the government to find a lasting solution to the ethnic issue?
A: This government’s track record on finding a lasting solution to the ethnic issue will not infuse any degree of confidence. But that does not mean that even this government cannot be made to do the right thing and deliver an honourable solution.
A: This government’s track record on finding a lasting solution to the ethnic issue will not infuse any degree of confidence. But that does not mean that even this government cannot be made to do the right thing and deliver an honourable solution.
Q: What solution would the TNA propose to address the ethnic issue?
A: Our solution is clearly articulated in our election manifesto of 2010. We have also made drafts available to the government in our talks in the year 2011. The government is yet to respond to it, although they did state that our position was very reasonable. There must be a power-sharing arrangement agreed upon that enables the Tamil People of this country to live as equal citizens with dignity and self-respect, handling their own affairs in their own areas.
A: Our solution is clearly articulated in our election manifesto of 2010. We have also made drafts available to the government in our talks in the year 2011. The government is yet to respond to it, although they did state that our position was very reasonable. There must be a power-sharing arrangement agreed upon that enables the Tamil People of this country to live as equal citizens with dignity and self-respect, handling their own affairs in their own areas.
