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Rajapaksa Dilemma: KP or the 13th Amendment
By: Upasiri de Silva
(Lanka-e-News-29.Jan.2012,1.30AM)
“Thanhaya jayati soko – thanhaya jayati bhayam,
Thanhaya vippamuttassa – natthi soka kuto bhayam”

“From greed arises grief, from greed arises fear, for him who is free of greed, there is no grief and no fear (Dhammapada)

Lord Buddha’s point of view, Thanha is the strongest bond which binds us to pleasurable sensations in the hope of making them permanent. If not corrected quickly this bond of desire steadily is able to completely take over your life – both your thoughts and your actions become irresponsible and unrealistic, leading eventually to a very demented state of mind that stops all progress towards any spiritual fulfillment. In a majority Sinhala Buddhist country, where Buddhism is the religion of the majority of Sri Lankans, President Mahinda Rajapaksa, who publically announced that his house hold is run by his wife according to the Christian religious guidelines at a meeting with then Bishop Malcolm Ranjith (now Cardinal) in 2005 while apologizing for criticizing the Christian religion at a election rally, has discarded this Buddhist point of view and selling the country to the highest bidder and now the North and the East as well to keep the illegally earned money and the two LTTE ships handed over to Rajapaksa’s by KP and the LTTE remnants, (now called the World Tamil Federation-WTF).

If President Mahinda Rajapaksa agreed to grant “devolution of powers” to the Tamil constituents in the North and the East as forced by the Indian Government without handing over KP , the mass murderer, for the murder of then Indian PM Rajiv Gandhi, then Rajapaksa brothers may be able to keep the illegally earned money and KP. If they do that, then they are trying to create grief and that grief will bring them fear for their lives. The agreement Rajapaksa brothers entered with KP is to look after KP and provide a safe haven for him to live in Sri Lanka without any fear of arrest by the RAW / FBI, so the LTTE Chief and the WTF will provide every thing within their powers to help Rajapaksa family to rule Sri Lanka for many years. Will this dream of Rajapaksa’s come true?

But, India is not allowing Rajapaksa brothers a free ride but seek the arrest and deportation of KP to India to face charges of conspiracy to murder, the then PM of India, Rajiv Gandhi and employing Tiger leaders (men and women) to assassinate Indian PM, in Indian soil. If Sri Lanka fails to hand over KP, then they must agree to settle the North and East problems and discuss all requirements with the TNA and introduce ‘devolution of powers’ in the North and East to Tamils and remove the Army, the Air Force and the Navy from their land to the satisfaction of the Indians and TNA Authorities.

Indo-Sri Lanka Accord.
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The Indo –Sri Lanka Accord signed on July 29, 1987 is now seems to be VOID due to the fundamental breaches created by the Indian government in a forceful and deliberate manner. “Fundamental breach is the failure by one party to perform a primary obligation under the contract so that the other party is deprived of substantially the whole benefit that he or she was to have received under the contract”. Indian government purposely failed to up-hold and breach many other clauses but their failure to uphold the Cl. 2.16 (a) to (e) to take necessary steps to ensure that Indian Territory is not used for activities prejudicial to the unity, integrity and security of Sri Lanka. Since the signing of this agreement and the Indian forces were forced out by the LTTE, and for the last 20 years of the 22 years they provided material help to LTTE by supplying fuel, arms and medicine and also allowing those Tamil Politicians of the TNA to denounce Sri lanka and support the LTTE to continue their Terror activities.

Now this Accord is not worth the paper it has written, and there are no legal or other considerations to implement the Amendment 13, after we completely annihilated the LTTE terror outfit, which was a major requirement at the time of signing the Accord. In 1987, Indian government took this decision to force Sri Lanka to submission as the then Prime Minister Rajiv Gandhi was trying to take his revenge for insulting his mother Srimathi Gandhi by then President J.R.Jayawardena, of Sri Lanka, according to very reliable sources.

What is 13th Amendment?
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The 13th Amendment enacted by the Parliament of Sri Lanka and certified on 24-05-1988, says: To make provisions for the establishment of a Provincial Council for each Province; for the establishment of a High Court for each Province and to make Tamil an Official language and English the link language. [ This refers to all the NINE (9) provinces and each and every province, Tamil should be an Official Language in addition to Sinhalese with English as the link language]

This Amendment 13, if critically analyzed according to the law of the country it will prove that the use of Sinhala, the main official language in the country is excluded as the language of the Provinces and for the Court system and all other official work should be executed by using Tamil and the link language (only if required) the English.

Many will argue that as long as Sinhala is the main Official Language (Tamil is also now an official language) why should we worry about the use of Tamil in the North and the Eastern Provincial Councils or any other provinces. If Sinhala and Tamil are both recognized as official languages in Chapter IV Article 18 and 19, of the Constitution, why it is necessary to include “exclusively“ Tamil as an Official language and English as the link language in this Amendment

But this Amendment clearly establishes Tamil as the language of the Provinces as well as the High Courts. Now the Governor, Major General Chandrasiri or any other Governor of any other Province should be able to work in Tamil. If the Old Vadukkodai school boys take charge of the Provinces, then what Prabakaran was fighting for 32 years by killing 80,000 people, 6700 service personnel’s, 25,000 wounded service personnel’s and many other innocent Sinhala and Tamil citizens loosing their limbs and lives including their assets going for waste, and the Vadukkodai boys will establish their Eelam and raise the Eelam Flag. Those who supported the implementation of the amendment 13, like LTTE buddy Minister Rajitha Senaratne MP, Prof. Vitharana, Ambassadors and all others crying for the rights of the poor Tamils in the IDP Camps can be happy of their achievement.

13th Amendment was introduced by ‘using brutal force’ by the Indian Government as instructed by the then PM Rajiv Gandhi, to take revenge from the then President of Sri Lanka J.R.Jayawardena (JRJ) for shouting at Rajiv Gandhi’s mother, former PM of India Indira Gandhi, because she was trying to prevent JRJ removing the civic rights of the world’s first woman Prime Minister Mrs. Sirimavo Bandaranayake.

JRJ.s action proved Lord Buddha’s words –‘Thanhaya jayati soko’ and his foolish words and the greediness to hold on to powers has brought grief to all Sri Lankans irrespective of any political party, and today the present President is trying to introduce devolution to North and East to please the Indian Government as their greediness doesn’t allow them to hand over KP to the Indians for the murder of Rajiv Gandhi.

Revocation of 13th Amendment will bring real peace to Sri Lanka.
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President Rajapaksa should use the 2/3 majority in the Parliament to bring an Amendment to repeal the existing 13th Amendment to bring real peace to Sri Lanka, as most Tamils in the North and the East and the Sinhalese, Tamils and Muslims in the other districts will rejoice if this 13th Amendment is repeal from the Constitution.

As this agreement entered between Sri Lanka and India is functioning in eight (8) [this includes the Eastern PC] districts other than the Northern District even though it was breached by the Indian Government at the inception by not adhering to the laid down principles in Contract Law, the Sri Lanka government should repeal this 13th Amendment from the constitution without even consulting the Indian government, as there is no law to discuss repealing of Amendments in our Constitution with neighbouring countries. By repealing this amendment 13, the central government can take over all the work load handle by these PC’s and allocate the functions to central government to function in a better and cost effective manner. The cost of maintaining PC members will end with decentralized services as before.
Once the 13th Amendment is out TNA or any other party will not demand any devolution of powers, and the full control of the country will be with the central government.

India must not interfere if KP is handed over.
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When any, sane, intelligent and educated persons analyze the action of the then Prime Minister of a great country like India, trying to teach a lesson to the President of a neighbouring country, by training a Terror outfit, and imposing condition to devolve power seems to be a ridiculous act. Anybody with a good knowledge in (Contract) Law will understand that the hastily prepared Indo – Sri Lanka Accord is poorly written and not meeting the ‘rule of the law’ and many conditions in that accord is unilaterally forced on the Sri Lankan government.

This agreement or the accord was forced on the Sri Lankan President to create separate ethnic provinces –North and the East – for the Tamil people, even though the Cl 1.1 of the accord is to preserve the unity, sovereignty and territorial integrity of Sri Lanka. But, the Cl 1.4, 1.5 and the rest of the clauses up to 2.14, has infringed and violated the expectations included in Cl.1.1. Clause 2.15, create a fundamental breach of this agreement as the conditions discussed from 4.5.1986 to 19.12.1986 is excluded as an annexure or attachments and not forming a part of this agreement. In general terms this agreement or the accord is a hastily prepared document without any consultation with the GOSL Legal community and as such the Government of India should withdraw this agreement in good faith to strength the traditional friendship of Sri Lanka and (as the animosity created by the former President has now forgotten) allow the present President Rajapakse of Sri Lanka to settle the ethnic problem in the country without creating ethnic enclaves in the North and the East.

As the greatest Democracy in the Asia, India must set and example and leave Sri Lanka alone to mind her internal disputes the way the people of Sri Lanka thinks fit.

KP should be punished for his crimes.
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KP the mass murderer should be punished for his crimes of supplying deadly weapons to kill innocent people and for the murder of former PM Rajiv Gandhi, Sri Lankan President Premadasa, Minister Ranjan Wijerathna and Presidential candidate Gamini Dissanayake and bombing of Dalada Maligawa. To achieve this, President Mahinda Rajapaksa should instruct AG to arrest KP in keeping with international agreement with INTERPOL as a RED notice in now in force as requested by the Indian Judiciary, under the 1977 Executive Law, Sri Lanka is bound to abide by its International agreement and arrest any suspect by the INTERPOL. The correct procedure should be for the Sri Lankan government to extradite KP to India for investigation over Rajiv Gandhi’s murder, as KP very recently declared that LTTE was responsible for the assignation of the former Indian PM.

The money he handed over to the Rajapaksa family US $ 850 million and the cost of the two ships should be utilized to establish housing for the IDP’s and develop the North and the East, as this money was contributed by the Tamils Diaspora to the LTTE under threat to their lives to save their kith and kings back home.

If President Rajapaksa decided to keep KP and hand over the North and the East to TNA under ‘devolution of power’ as forced by the Indians then they are committing a serious problem for the continuation of their power base. If President Mahinda Rajapaksa can remember (he was a student at that time) how Sir John Kothalawela lost the 1956 Election as he was photograph while turning the iron rods to roast a calf at a barbeque, was flashed in all the Daily papers during that time.
By: Upasiri de Silva
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