The impact of the 17th amendment over the 13th amendment

The failure to enforce the power sharing and the independent commissions bill

| by Robinhood

( June 20, 2013, Colombo, Sri Lanka Guardian) The coalition members of the Rajapaksa regime in Sri Lanka who are nationalistic pro government allies who survive under the majority Sinhalese franchise are not in favor of initiating a political solution to the ethnic minority to implement the 13th amendment with the provision of land and Police powers to the Northern Provincial Councils and the 17th amendment to the general population of Sri Lanka. The pro nationalist members such as Sihala Urumaya, National Freedom Front consider the country is owned by the majority Sinhala Buddhist where as other linguistic religious and ethnic minorities are mere guests who cannot claim their fundamental rights but can live under their security and protection.

The mindset of the majority people in Sri Lanka can be easily influenced through ethnic distinction. When the regime unable to meet the pressure and the reasonable demands of the people due to the heaping cost of living to increase wages from trade unions and decrease the price of commodities the habit of the Rajapaksa administration is to sponsor a synthetic mayhem to undermine the peoples legitimate demands. The regime change people’s mindset by allowing to utter nationalistic statements through its coalition partners to undermine rightful demands of the people. When the regime wants to achieve an illicit motive, it influences its coalition members to raise jingoistic statements and make a tenable situation and monitor people’s response. The regime through its nationalist partners creates a synthetic or an evil public opinion arousing the majority targeting the ethnicities to achieve its targeted motives. When the minority political parties react hostile the regime subsidies it by saying that it’s not the official statement of the government but we have given the democratic rights to our alliance members to give their opinion. By influencing and encouraging such third party statements the regime abstains from finding permanent solutions to the burning problems in crisis situations. The evil or synthetic public opinion becomes the mainstream subject of the regime to continue leading its targeted motives undermining the most important burning crisis of the people. Similarly whenever the regime faces crisis within its allies losing its majority in the parliament or popularity among the people or crisis in the country it creates such synthetic and evil opinions through its coalition partners. There are 18 coalition partners in the UPFA regime in the current parliament which has made a synthetic ruling legislature through a corrupt (not free and fair) election. The Rajapaksa administration uses these coalition members to its survival in various forms. Through these nationalistic members the regime sponsors pro government protests to undermine the people’s legitimate protest against the government

If President Rajapakse has a true political will and determination, it has to free itself from pro national members of its alliance who oppose for a political solution, the implementation of the LLRC and the full function of the 13th amendment to all Provincial Councils including the North and East. The way regime nursing and nurturing the pro national parties with its coalition under an alliance allowing to give anti LLRC statements is another clear indication the regime is not genuinely interested to give a political solution to the Tamil national issue. From these it is leant the Rajapaksa administration is purposely avoiding and neglecting the importance to bring a lasting solution for the Tamil national issue is nothing but to protect and undermining the inability of the regime fear of losing its government in power. Legislating the 18th amendment bypassing the 13th and the 17th amendments discloses the government’s best interest in demoting democracy and good governance but to uphold a Rajapaksa monarchy.

The link between the 13th, 17th amendments and the Rajapaksa hegemony
There is a link between the Rajapakse administration, the Tamil national issue (13th amendment) and the establishment of independent commissions. (17th amendment) The moment the regime legislate the 17th amendment and implement its full function that is to hold a free and fair elections under an independent Elections, Police and the Public services commission the Rajapakse administration loses its power. The Rajapaksa government can only sustain its power by not implementing the full function of the 13th amendment in the Northern Province and the 17th amendment to the entire country.

The failure to enforce the 17th amendment has a greater effect of the social instability of the country which the Rajapakse administration deserves. The failure to implement the full function of the 13th amendment expose the Rajapakse administration wants to preserve the Tamil national issue unresolved without a political solution in order to sustain its governance.

Permitting to continuing its lawlessness depicts the Rajapaksa administration is not interest in a genuine reconciliation, requiring any social stability, a stronger public service for the simple reason to sustain its corrupt governance in power. The Rajapakse administration can survive only under a destabilize environment, an authoritarian administration, a Singhalization concept under a weaker civil society where it can establish its family rule in administering governance to get the support of the majority Bhuddist masses.

The Rajapaksa administration has extracted and centralized all its powers to a single executive location and spread its network in every Grama Sevaka division which could centrally administer. In spite of devolving its powers the regime has centralized all powers into one centrally controlled administrative structure. The network is secured by its brothers, family members, relatives, friends, henchmen’s and underworld stooges to every bend and corner in the public sector and government institutions from higher public post to the elementary Pradeshiya Sabha member. Due to this nepotism the majority of UPFA legislative members are charged with abuse of power for rapes, murders, kidnaps and extortions.

From the above factors and actions of the government in a post war situation the way Rajapaksa administration nurtures and mobilize the state sponsored paramilitaries and pro ethnic political parties it is clear the regime is purposely creating mayhem, avoiding and protecting its administration behind the Tamil national issue which is the burning problem of the country.

If the 13th amendment is functional with the land and police powers in the Northern Province after the northern provincial elections it would not have its full effect unless the 17th amendment is implemented. The 13th amendment should be fully functional under the 17th amendment that is an independent election, police and the public services commission.

A corrupt National Police
When the Sri Lanka Police came under the purview of the ministry of defense the reputation and the accountability of the police department stooped to its lowest. Under the Rajapaksa administration high ranking Police officials are sponsored to commit contract murders behalf of the regime. Police are often obstructed to carry the law enforcement against crimes by political interference. Crimes are fabricated by the powered against the powerless and crimes are undermined according to the whims and fancies. These contracts have often triggered to commit personal murders for extortions and kidnaps from wealthy business community. Using a state force for sponsored murders is a serious collapse in the rule of law.

When the government faces pressure and criticism local and internationally, unable to provide a permanent solution for the Tamil national issue and other critical issues the government diverts the critical attention of the people by instigating and nurturing communal hatred using its pro national political parties between the majority Buddhist and the minority Tamil/ Muslims living in the country. It suppress the war affected ethnic Tamils in the north by abductions and enforced disappearance preventing their freedom of expression and political rights by the use of paramilitaries and government sponsored mobsters. Whoever challenges the government democratically is either attacked, assaulted, abducted using the white van or killed by unexpected accidents. The regime creates chaos among communities by instigating communal hatred through nationalistic movements and uses the recently amended criminal procedure bill to take protesting people and trade union activist into custody using the Prevention of Terrorism Act. By political motivated attacks it oppress anti government voices preventing their fundamental rights to engage in political campaigns, peaceful protests and the freedom of association in all part of the country. The regime uses above methods to salvage its existence and sustain its regime in power.

The only way Rajapaksa administration can survive is to keep alliance with pro national political parties and with members who oppose the 13th and the 17th amendments. The Rajapaksa administration nurturing the pro national political parties is to create and nurture communal hatred between ethnicities is to preserve the support of the majority Singhalese masses for its political survival.

There is a widespread speculation and a view that the Rajapakse Administration is purposely abstaining to implement the full function of the 13th amendment and disinterest to give a political solution in order to sustain its popularity within the Buddhist Singhalese masses. It appears in order to sustain its government in power Rajapakse administration will never implement the above factors which are detrimental to their existence.

Now it has come to a situation where the government ministers, Ministry secretaries, state department secretaries, political appointees are engaged in mass scale corruption which the government has no capacity, choice or ability to stop. Though the government has a synthetic majority in the parliament (obtained by providing perks and privileges) by not a free and fair election the Rajapaksa regime has a major uncertainty about its existence due to the current cost of living, heaping public and trade union protests, lawlessness, International criticism and local political pressures. Due to this the ministers, ministry secretaries, political appointees are engaged in earning black money from the public funds engaging in sordid deals before the collapse of the administration.

When we read above it is clear the stakeholders above are joined in a system where one partner cannot leave or does not wish to be accountable for its actions, counter corruption or promote good governance, and work for the best interest of the people fear of losing benefits. Each partner is engaged in corruption where the centralized power allows it to grow, spectate disinterest to halt. This confirms the Central Power is also part and parcel of corruption. The action of the executive is appearing to be always in the aim of safeguarding its power, strengthening its political network locally in all parts of the country, neglecting the wellbeing of the people. The executive and its surrounded arms are politicized where the activities of the Rajapakse administration do not show any accountability in its governance locally and internationally.