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Of 13A and the way forward

Of 13A and the way forward

25 Jul 2023

 “Let’s work together to get out of this economic crisis” a slogan coined by politicians and policymakers echoed over the last year, rallying Sri Lankan’s to ‘get on with the bitter reforms programme’ that was needed to convince the International Monetary Fund (IMF) led global community that Sri Lanka was indeed ready to make a turn. While the success of the slogan and the reforms will be measured in how fast and well Sri Lanka recovers from the economic crisis over the next several years, another series of challenges remain unanswered for over forty years.

Sri Lankans look to the future, hopefully one with a better economic footing, rebuilding a ‘Sri Lankan’ identity will be a key part of healing wounds of the past. This, however, will need action, not words, strong political will and consensus and not opportunistic, petty politics. The coming months will bear testament to how much Sri Lankans’, especially their leaders have learnt from past mistakes, as the Sri Lanka government once again ‘tries’ to deal with the bitter topic of devolution of power.

This week, President Ranil Wickremesinghe will call for an all-party conference regarding the ‘full implementation’ of the 13 Amendment to the constitution. The 13th, also commonly referred to as 13A has been a divisive topic for generations. Multiple governments, including the Wickremesinghe led Government, was part of, over the years, failed to fully enact the power granted by the 13th amendment. Several parties, including the JVP led NPP had already signalled that they will boycott the conference, calling it another move by the government to fool the minorities. However, some like the main opposition, SJB and the SLFP have said they will participate. Other groups have indicated that they are willing to join the conversation if invited. The SLPP, which holds a majority in the current coalition, have clearly stated that while they are not opposed to devolution of power, they stand firm against the devolution of power based on race, religion or language.

Last December, Wickremesinghe gave an undertaking to the Tamil political parties in Sri Lanka that the unresolved issues of fully implementing the 13A will be dealt with by the Independence Day (04 February), but again progress slowed, and the end result was the same. As such, today, there is much scepticism when Wickremesinghe once again calls for a broad dialog on the divisive matter. Before his visit to New Delhi, Wickremesinghe told a group of North and East Tamil politicians that his government will merge the Provincial Council’s list of duties and powers, with the final decision requiring the parliament’s stamp of approval. He had offered to implement the 13A without the devolution of Police powers which were originally envisaged by the Indian backed change to the constitution in 1987. Tamil political leaders termed the move by the President ‘another hollow promise’ with the Tamil National Alliance categorically rejecting the proposal. Others wrote to Indian Premier Narendra Modi about their grievances and how Sri Lanka had once again back peddled on the 13th amendment. Some minority parties have rejected the 13A, calling it an instrument that limits the self determination of the Tamil speaking people.

The President’s proposal to the Tamil Political parties, outlined plans for reconciliation, a truth-seeking mechanism, mechanism on accountability and for development of the North and East Provinces. Key amongst the proposals were segments of Wickremesignhe’s planned increase in connectivity with India and the South Asian region. With little trust and political will in play to address a key national issue, compromise and trust building action is needed to proceed. Sri Lanka can ill afford, keep delaying such key decisions, as the nation remains fragile and vulnerable, with fault lines that can be easily exploited to plunge the Island into a state of anarchy. Sri Lanka must move to forge an inclusive Sri Lankan identity as the economic recovery process gets underway.    

It is prudent for the government led by Wickremesinghe to walk the talk and move to bring to parliament a bill which will outline the stance the government is willing to work with, a policy whitepaper, will help spark much needed debate which can help find common ground, and eventually address the divisive issues. The government, with broad political consultation can also move to make the parliament a constitutional assembly to address the bill regarding the 13A and devolution of power. Sri Lanka is at a crucial juncture, and there is no time to, nor fences to left to stand on. Political Parties must clearly state their stance on devolution of power, and the proposed changes to the constitution and join in the dialogue. Yes, it is true that such conferences have happened in the past with no result, but can Sri Lanka continue to put off this dialogue based on past experience? It is important that all parties attend the conference and the citizenry have a sound dialogue on what needs to be done. If national leaders do not meet and discuss how can progress be made? Parties have the right to reject or argue for or against the proposed changes, but they must first be at the table to do so. This dialogue needs to take place, compromises need to be made, for Sri Lanka to move ahead, and to begin the healing process. Reconciliation and cohesion is built on trust and understanding, and that is a two way street.  

 



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