AMENDMENTS TO 13TH – REFERENDUM NOT NEEDED - Arun

*Paying heavy price due to 13A

Rasika Somarathna

There is no need for a Referendum to amend the 13th Amendment (13A) to remove the provision for all Provincial Councils (PCs) having to consent to legislation on matters coming within the Provincial List. A Referendum is not necessary – a two thirds majority is sufficient, ‘as one province’s decision anyway should not effect the entire country; therefore why should the whole country vote in a referendum to pass this legislation?’, SLFP Batticaloa organiser Arun Thambimuttu asked.

The Cabinet yesterday has proposed to bring in such legislation, the Cabinet spokesman said. (Please see accompanying story.)

Thambimuttu said he was of the view that the country is paying a heavy price for a system, the Provincial Council system, that is nothing but a white elephant. In fact, Thambimuttu said that an organization “Tamils for Sri Lanka” which involves Sri Lankan Tamils from all walks of life, was of the same mindset.

While mentioning that 13A came into being as a result of the Indo-Lanka accord of 1987, he said it was high time to review whether it is working for the country or not. “We feel that it is time for Sri Lanka to evolve a system of governance that suits the country”, he added. He noted that the public at large was questioning the validity of the PC system.

Thambimuttu said “Tamils for Sri Lanka” which he is a part of, was proposing districts to be the administrative units instead of PCs. He said the organization was also calling for Village Councils or Grama Sabhas for people at the grassroots to solve their issues.

Explaining further, Thambimuttu said that his organization was for the formation of District Councils with heads of Pradeshiya Sabhas, Municipal Councils and Urban Councils being involved. “Also one third of the seats should be filled through local elections with an elected district governor being the political head,” he added. He explained that the Provincial Council system (13 A) was not a solution to the issues of the Tamil people and added a solution should be for the nation as a whole and should not be for an ethnic group. “The future of Tamils are intertwined with the future of Sinhalese. History has repeatedly proven this fact,” he added.

Commenting on India’s role in the 13A, Thambimuttu said he appreciated India’s concern for the Tamil people but it also should understand the ground realities in Sri Lanka. He said India’s involvement in Sri Lanka’s constitutional debate may be seen suspiciously by both Tamils and Sinhalese due to that country’s past involvement in the process. Noting that Indian politicians have made several adverse comments in this regard, he said they should understand the anxiety of the Sri Lankan people when Indian politicians make such remarks. He said there were differing opinions among some government members and local politicians regarding the 13A and added that they should not seek outside help to realise their aims.

He said “Tamil for Sri Lanka” a pressure group came into existence as Tamil nationalism had hijacked the agenda of the Tamil community for the last 80 years. He said that parties such as the Tamil National Alliance which proclaim to be the representatives of Tamil people secured only seven per cent of the Tamil vote during the last parliamentary elections. He questioned how the TNA therefore could claim to be the sole spokesperson for the Tamils of Sri Lanka. Thambimuttu stressed that whether PCs should exist or go should be left to the people’s verdict alone.

Thambimuttu said “Tamils for Sri Lanka” has begun an awareness campaign and was working on a proclamation document outlining the relevant history. He added that this will be presented soon to the diplomatic community, including Indian political leaders.

He said that President Mahinda Rajapaksa and Parliament should decide on holding a referendum to let the people decide on whether they need provincial councils established under the 13th Amendment to the constitution or not.

Commenting on the debate surrounding the 13A and PCs, Thambimuttu who hails from a prominent political family in the former conflict affected East said, “there is a simple answer beyond reproach, which is to hold a referendum for the people to decide”.