- Clarity needed on President’s intent: SLPP
- No timeline for implementation decided yet: Sec. Ekanayake
- Concerns remain over Police and land powers: SLFP
- Go beyond, to a Swiss federation model: Wigneswaran
- New constitution project shelved?
- Build inclusivity and Sri Lankan identity: Hashim
- President’s statement an election gimmick: NPP
The 13th Amendment to the Constitution (13A), a controversial piece of legislation on devolution of power, is back under the spotlight with President Ranil Wickremesinghe’s recent statement in Jaffna.
The proclamation that the amendment will be fully enforced is not a new one, with many governments making similar promises in the past, prompting some commentators to label the move an election gimmick and to question why Wickremesinghe failed to carry out the full implementation during his premiership from 2015-2019, where there was broad consensus for devolution of power.
While the political upheaval of 2022 may well be a turning point for Sri Lankan politics, whether the political landscape has changed enough to yield adequate political will for devolution of power, particularly in the populous south, remains to be seen.
Despite Wickremesinghe’s expressed desire to fully implement the amendment, political parties remain divided on how all the provisions of the 1980s Indian-influenced decentralisation of power model should be implemented.
Many Tamil political parties have called for the Government to walk the talk, while others seek devolution beyond the parameters of the 13th Amendment.
The Sri Lankan Government’s latest attempt to ‘fully implement’ the 13th Amendment comes as the crisis-hit, bankrupt nation scrambles to regain international credibility, domestic political stability, and secure a $ 2.9 billion assistance package from the International Monetary Fund (IMF), which many hope will help put the island nation on a path to recovery.
The statement also came days before an official visit by Indian External Affairs Minister Dr. S. Jaishankar to Colombo, heading a high profile delegation. Addressing a joint press conference with Wickremesinghe and Foreign Minister Ali Sabry, Dr. Jaishankar stated: “The President briefed me on the question of political devolution and his thinking. I shared with him our considered view that the full implementation of the 13th Amendment and early conduct of Provincial Elections are critical in this regard. I also spoke of the need to pay special attention to the requirements of the Tamil community of Indian origin.” Jaishankar added that durable efforts towards reconciliation were in the interests of all sections in Sri Lanka.
In its own words, the Government has branded 2023 a year of difficult decisions, reforms, and restructuring for Sri Lanka. It also comes in the backdrop of the Wickremesinghe Government struggling to secure a mandate, with long-delayed Local Government Elections now seemingly around the bend.
Key regional and global partners of Sri Lanka such as India, the European Union (EU), and the US have long called on the State to fully implement the provisions of the 13th Amendment as part of its post-war reconciliation process and to ensure the rights and wellbeing of minorities.
While many outside and within Sri Lanka view the 13A as one of the cornerstones of any reconciliation process, the legislation has long seen strong resistance from the majority Sinhala political movements, with fears it will lead to the erosion of the unitary state and the eventual balkanization of the Indian Ocean island, especially due to the separatist ideals championed by the LTTE during nearly three decades of conflict and terror.
According to Secretary to the President Saman Ekanayake, Wickremesinghe is keen to quickly pursue the full implementation of the 13A and has scheduled an all-party leaders’ meetings for this week to work out the details of the process of ‘full implementation’. Ekanayake told The Sunday Morning that a timeline for the implementation had not been finalised yet.
The Sunday Morning spoke to several political parties to find out their party stance on the proposed full implementation of the amendment and if they viewed the President’s claim seriously.
Walk the talk
Tamil National Alliance (TNA) MP M.A. Sumanthiran stated that President Wickremesinghe and his Government should walk the talk regarding the 13th Amendment and meaningful reconciliation. According to Sumanthiran, the TNA is not keen to meet the President again to discuss the matter.
Sumanthiran told The Sunday Morning on Wednesday (18) that following discussions with the Government in December (2022), it had been agreed that the Minister of Justice would inform the TNA by 17 January on what had been done to further the full implementation of the 13A, adding that it had not happened yet, resulting in the TNA’s lack of interest in a further meeting on the topic.
“We were to receive an update by 17 January on the progress of what was agreed and what has been implemented, but we have not been informed, so there is no point in meeting the President. When we meet again, they will say the same thing – we will do this and that – but nothing is done. The Government must walk the talk. The 13th Amendment is in the Constitution but it hasn’t been fully implemented for 35 years; that is a strange state of affairs. They keep offering to implement the provisions, but never do. I don’t know any other country where the Constitution is observed in the brief and you keep assuring the country that your government is going to implement it for decades,” Sumanthiran argued, adding that the Government should fully implement the Constitution without wasting time.
When asked if the TNA had faith in President Wickremesinghe’s statement made in Jaffna, Sumanthiran said it did not. “Even with the discussions we’ve had since 13 December last year, it’s been the same thing over and over again. We have been listening to the same story and nothing is done. Why should we listen to something we know will not be done?” Sumanthiran questioned.
Ready to support some devolution
The Sri Lanka Freedom Party (SLFP) supports the full implementation of the 13th Amendment, the party’s General Secretary Dayasiri Jayasekara told The Sunday Morning. However, according to Jayasekara, the SLFP also holds some reservations. He argued that aspects of the 13th Amendment, such as Police powers and the powers on matters related to land, needed to have the oversight of the Central Government.
“Between 2015 and 2019, there was a consultation process for a new constitution, where the SLFP made several proposals. We think the full implementation of the 13A is viable and we support it, but there are some reservations. Key issues on full implementation are Police and land powers. We believe that the Police Commission should oversee the Police in all nine provinces. We feel that a chief minister of a province should not have the powers to transfer any Police officers or order them to do this or that. The administration of the Police should not be a politically-motivated exercise.
“Secondly, the SLFP is of the view that land powers should be given under the Lands Commission’s framework, so that the system cannot be influenced politically. We are for devolution, but with these two suggestions,” Jayasekara told The Sunday Morning, calling for discussions at party level on the issue due to other parties also having reservations about the 13A.
He also stated that how provincial law enforcement agencies were established, if at all they were, should only be done with strong oversight and following a robust discussion on the matter.
Jayasekara also questioned what had become of the exhaustive consultation process kicked off by former President Gotabaya Rajapaksa’s Government to draft a new constitution for the troubled island.
Go beyond 13A
Thamil Makkal Thesiya Kuttani (TMTK) Leader C.V. Wigneswaran was of the view that Sri Lanka needed a political solution which was beyond the 13th Amendment. Speaking to The Sunday Morning, Wigneswaran opined that the 13th Amendment was not the solution and that federalism or confederation like that found in Switzerland would be a better fit.
“Even with the 13A in the Constitution, the Tamils in the north and east have had all their interests, from land, businesses, fishing, education, etc., controlled by the majority Sinhala Buddhists. For this to change we need to look beyond the 13A, perhaps a confederation model like that in Switzerland,” Wigneswaran said. However, he said that the full implementation of the 13th Amendment would be a welcome step in that direction.
Clarity needed
Sri Lanka Podujana Peramuna (SLPP) General Secretary Sagara Kariyawasam told The Sunday Morning that the party was awaiting clarity from the President regarding his statement in Jaffna and for the commencement of an all-party consultation on the matter in order to come to a decision.
“Firstly, we are waiting for the President to explain what he meant by full implementation of the 13th Amendment and for him to call a meeting of parties to get their views. Without knowing exactly what Wickremesinghe meant about full implementation, the SLPP is not able to comment at present. We have to clarify what he meant and then decide as a party where we stand on that. As a party, we are not opposing devolution of power, but we don’t encourage such devolution based on ethnicity or on religious basis. That is our stance. Devolution of power should go to people for their development, not on ethnicity or religion,” Kariyawasam stressed.
The long road of 35 years
Commenting on the President’s announcement in Jaffna, Fisheries Minister and Eelam People’s Democratic Party (EPDP) Leader Douglas Devananda told The Sunday Morning that while his party did welcome the statement, it had been awaiting the full implementation of the 13th Amendment for 35 years, even when some other minority parties and the LTTE had refused to endorse the devolution of power mechanisms.
“We welcome this statement. We have been advocating for the full implementation of the 13A for 35 years, even when some Tamil parties and the LTTE were against it. Sri Lanka would have been spared much bloodshed, loss of lives, and displacement of people, and this situation of a weak economy could have been avoided if the 13A had been fully implemented and everyone had come onboard. It is only through this that we can settle the national problem. It is only through parliamentary democracy and reconciliation that we can achieve a settlement to the problems.
“Many Sinhalese enjoyed the benefits of the 13th Amendment in our Constitution in the south through Local Government; it was in the North and the East Provinces that people could not enjoy its benefits. Every party took part in the Provincial Council system, even the leftists and the JVP too. For political reasons they may say things to the contrary today,” Minister Devanada opined, adding that he was optimistic and fully supported the full implementation of the 13A.
Trust and inclusivity, not stale words
According to Samagi Jana Balawegaya (SJB) MP Kabir Hashim, a country should come together based on trust and not solely through being framed by law. Hashim stressed that Sri Lanka needed to build trust and undergo an attitudinal change, without which reconciliation would not be possible. He added that the SJB was for a Sri Lankan identity and a unitary Sri Lanka.
“It is about building trust. It should be about policies of inclusivity and that is what the SJB has stood for since its inception. When the President speaks about the full implementation of the 13th Amendment, his words are stale. We have heard this a thousand times before by almost every leader of the State, but that commitment hasn’t been there. For that, you need a party and a leader who will work towards it.
“Every time there is an election, we have seen many parties, including some leftist parties, use race and religion for their benefit, to raise votes for themselves. However, the Opposition leaders have spoken and worked towards inclusivity over the last two years. I believe that if that happens, the trust of the minority community should be won without passing any laws. That is the greatest victory. As far as the SJB is concerned, we stand for a unitary Sri Lanka and a Sri Lankan identity and we are not afraid to talk about it,” the Opposition MP opined.
Enough gimmicks, holistic approach needed
Responding to a question, National People’s Power (NPP) MP Dr. Harini Amarasuriya echoed the sentiments of the minor parties, saying that while the NPP supported the 13th Amendment in principle, it did not view the President’s statement on full implementation as being credible.
“We don’t view it as a credible statement as this President has had ample opportunities in the past to do so. This President in particular has made similar statements in the past. He could have done it when he was the Prime Minister last time; in fact, he promised a new constitution, initiated a big process to bring in a new constitution, and abandoned that process also. He is known for promising wonderful-sounding things and not delivering, so there is no reason for us to think this statement is different,” Dr. Amarasuriya said.
Amarasuriya opined that the move was a political gimmick and that given what the President was saying, it seemed that he was gearing up for a Presidential Election, terming him “removed from reality and power hungry”.
When asked about the NPP’s stance on the full implementation of the 13A, Amarasuriya said: “In terms of devolution, the NPP has had a robust discussion internally about resolving the national issue. We know a fair resolution is necessary. Currently the 13A is in the Constitution and the minority community expects its implementation. We intend to honour that. However, we also think that the 13A does not necessarily address and resolve the issues of minorities because those are more rooted in a kind of institutionalised racism which the State has to address in different ways.
“The NPP would like greater democracy; we want people to be more involved in the decision-making process and we would like to see a stronger parliamentary process where there is greater public involvement. We also think that there needs to be a systematic solution to how democracy, which will lead to majoritarian rule, doesn’t lead to exclusion of minority communities – be it ethnic, religious, or any other,” Dr. Amarasuriya explained.
An exercise in futility
Meanwhile, a member of the committee appointed to draft a new constitution during the previous Government’s tenure told The Sunday Morning on terms of anonymity that the broad consultations which had taken place had amounted to nothing, as the draft constitution and its interim reports had been shelved.
“We had broad consultations across the island with all groups, minorities, and religious leaders. A robust new constitution which was very inclusive was being drafted. Now all that work has been shelved,” the official said, questioning why the Government would want to replicate existing findings if it was not interested in taking action.