An ‘unlucky’ 13?

With the cautionary approval of the United National Party (UNP) and hitherto silence from India, the Sri Lankan Government is set to steamroll its way to abolishing the 13th Amendment with a 19th Amendment already being formed to take its place, yet the question of its impact on power devolution and minorities remains unanswered.

On Tuesday the UNP revealed that it would support an amendment to the contentious legislation, but insisted that it should not hinder power devolution. Despite being the party that was in power when the 13th Amendment was first made, UNP Secretary Tissa Attanayake had acknowledged its shortcomings and insisted that Provincial Councils should not be allowed to bypass Parliament. This somewhat moderate stance strengthens the Government and its alliance parties that have been calling for an all-out abolishment.

However, on instructions from its lawyers, the National Freedom Front has decided to postpone submitting a motion to Supreme Court calling for the annulment of the 13th Amendment to the Constitution. This decision was taken after lawyers pointed out that submitting such a motion at this juncture would be unethical as Weerawansa is a member of the Parliamentary Select Committee appointed to look into the impeachment motion against the Chief Justice.

The Government, used to having several irons in the fire, can be seen strengthening its powers ahead of a 19th Amendment that will be put before another Parliamentary Select Committee (PSC) proposed for power devolution. According to Economic Minister Basil Rajapaksa, this PSC will carry out its mandate regardless of the membership of the Tamil National Alliance (TNA).

On its part, the TNA, as Sri Lanka’s main Tamil party, has remained remote from the PSC, hoping for a helping hand from India – an expectation that seems to be growing dimmer. TNA MP E. Saravanapavan has told Parliament that India had “double standards” when dealing with matters concerning the country’s Tamil community, insisting that it should either support or stay away from matters related to the Tamils in Sri Lanka instead of “playing double games”.

According to Saravanapavan, India’s recent behaviour in matters related to Sri Lanka has raised serious and reasonable doubts in the minds of the Tamil community on its commitment to ensure a political solution. This shows the deepening disappointment on the TNA’s part that India has thus far failed to keep the Sri Lankan Government to its pledges on the ‘13 plus’ arrangement.

Observers have recalled that before the election of Mahinda Rajapaksa as President in November 2005, the SLFP-led coalition was committed to a federal solution to the ethnic conflict. The term unitary in the election manifesto, which played on the idea of a united country, bargained this down to, in the President’s own words, a commitment to maximum devolution within a unitary (rather than federal) state.

Later, when the All Party Representative Committee was evolving precisely such a proposal (and early drafts had been distributed), the President summoned the committee and instructed them to recast their proposals around improvements to the 13th Amendment; and made 13th Amendment Plus the new mantra for a political solution.

Despite numerous undertakings at international forums, and to foreign diplomats, with regard to 13 Plus, in the last two years, the Government has been gradually backtracking, with the most prominent aversion being to devolve Police and land powers.

Yet, for the sake of a peaceful future and to regain the trust of the Tamil minority, the Government has to establish a credible power devolution mechanism within its new framework. This gigantic task will decide how posterity will treat current political leaders, particularly President Mahinda Rajapaksa.