Sri Lanka: Is 13A Panacea?

Cynical irony of consecrating the full implementation of the controversial 13th Amendment of the Constitution with a special Sacred Tooth Relic exposition

by Rohana R. Wasala

Tamil National Alliance (TNA) spokesman and Jaffna District MP M.A. Sumanthiran says that his party has decided to boycott the independence day celebrations this year, as reported in The Island of January 31, 2023. Instead, they will declare it a Black Day and commence a movement towards achieving what they call true freedom. According to him, “Immediately after independence, it was transformed into a majority system under the guise of democracy. That’s why other people living in this country did not get freedom”. What he implies is that the ‘independence’ given was only for the majority Sinhalese, and not for the others (presumably, Tamils, Muslims, Burghers, etc., the minority communities). Sumanthiran thinks that even though the  majority Sinhala Buddhist people had been under the impression that they got freedom for many years, they also now feel that they didn’t get any freedom either. So, when the 75th independence day is celebrated, the TNA “will declare it a black day and start a campaign for the country to get its freedom properly”.   

A Sri Lankan woman in a Hindu temple. [ Photo Credit: Nilantha Sanjeewa/Unsplash]

Meanwhile, the Indian news website The Federal reported that the 74th Indian Republic Day was celebrated at the Indian Consulate in Jaffna with a function attended by a large gathering of people including Indians, and  some local Sri Lankans, mainly Tamils, on January 26, 2023. The Indo-Tibetan Border Police took part in the celebration. Consul General, Madurai-born Raakesh Nataraj, mingled with the guests and exchanged greetings. According to The Federal, both Indian Republic Day and Independence day had been regularly observed in Jaffna until the outbreak of the ethnic conflict.

I wondered why our leaders (apparently) never thought of declaring a Sri Lankan Republic Day after the 1972 republican constitution was enacted on May 22nd that year, and the island nation became a republic independent of any links with the British monarchy . 

The truth is that Sumanthiran here, tongue in cheek,is  only hinting at a fresh (a last, hopefully successful, as he probably fancies) attempt at eventually realizing the idea of establishing a separate sovereign state for Tamils (but strategically camouflaged asTamil speaking people to co-opt Muslims into the project) in the (soon to be re-merged?) north and east provinces where respectively Tamils and Muslims form the majority, and the Sinhalese  are now in a thin minority due to ethnic cleansing by the LTTE. Late Indian prime minister Indira Gandhi (1980-84) also talked about solving ‘the problem of the Tamil speaking people’ in these provinces in Sri Lanka, lumping Hindus and Muslims together as Tamil speaking people, in the interest of India’s own traditional expansionist ambitions against its smaller, weaker neighbours.

Sumanthiran is thinking exclusively about freedom for the Tamil minority, whereas the nationalists – the majority Sinhalese and the sensible majority of the Tamil, Muslim and other minority communities – are concerned about freedom for all who make Sri Lanka their home, that is, the Sri Lankan people or nation; they don’t talk about nations based on ethno-cultural identities.  Deliberate disinformation by Eelam lobbyists and parasitic NGOs has turned nationalists into racists, chauvinists, xenophobes, right-wing nationalists, and whatnot in the eyes of the global media. 

Since 1948, all Sinhalese leaders have acted on the basis of the concept of one nation or one country, where the majority Sinhalese, who are the true autochthonous inhabitants of the island, along with the veddahs, were joined by other numerically small groups in the course of history in various contexts, such as trade, war, invasion, travel, and so on. The first prime minister of independent Ceylon D.S. Senanayake, when asked by the Soulbury Commissioners at the end of the 1947 parliamentary elections how many Tamils he wanted in his cabinet, said he didn’t mind even if all the cabinet members were Tamil provided they acted as Ceylonese. No Sinhalese parliamentarian has deviated from this line of thinking. 

On the other hand, Tamil leaders like All Ceylon Tamil Congress (ACTC) leader and later founder of the Tamil United Liberation Front (TULF) lawyer G.G. Ponnambalam were different. They adopted an anti-Sinhala racist attitude. They focused on perpetuating the special privileges that the Tamil elite enjoyed under the British. They felt threatened by a system of parliamentary democracy, because they feared that the Sinhalese majority would put an end to their privileged status. It was Ponnambalam who, for years before independence, had been making the absurd 50-50 demand (clamouring for the allocation of 50% of the seats in the  parliament yet to be introduced  for the Sinhalese who were the overwhelming majority of the population, and 50% for all the minority groups). The Soulbury Commissioners rejected that demand with contempt. Another Tamil lawyer who came from Malaysia, S.J.V. Chelvanayagam, founded the Tamil Arasu Kachchi (Tamil State Party/euphemistically in English the Federal Party) in 1949 and the rest is history. Sumanthiran seems to be basically among the latest in this tradition.

 While preparations are being earnestly made by the government for marking an independence that was not granted (a long retired civil servant likens it to a birthday party for a baby that was never born), the 25th anniversary of the devastating LTTE suicide-truck-bomb attack on the Sri Dalada Maligawa (the Temple of the Tooth Relic) in Kandy fell on January 25, without anyone remembering it. It looks as if the government let it pass without any commemorative observances unlike in previous years. Why? (My sincere apologies to everybody concerned, if I am mistaken in this assumption) Was it in the name of so-called ‘reconciliation’, which has been a not so seriously meant, hollow slogan right from the beginning? Or was it in order to avoid spoiling the national mood for ‘consecrating’ some ostensibly momentous event that is going to coincide with the 75th independence day ceremony? The epoch-making event that Ranil Wickremasinghe wants to celebrate thus, as everybody knows now, is the purported settlement of the alleged Tamil ethnic problem through the full implementation of the controversial 13A (forcibly imposed on Sri Lanka by India, without doubt, in the latter’s exclusive national interest, in 1987). Grown-up Sri Lankans remember how thousands of our patriotic youngsters died in opposing Indian intervention in Sri Lanka’s internal affairs, in the second JVP uprising, which occurred in the years 1986-89 during UNP rule. A thirty year civil conflict claimed the lives of thousands of Sri Lanka’s defence forces personnel,  Tamil rebel cadres, and civilians caught in terrorist bomb blasts; the conflict left many more injured. All this was in trying to prevent the certain Balkanization of the country through the 13A. Seven executive presidents from JR Jayawardane to Gotabaya Rajapaksa back-burnered it for a legitimate reason. What are the benefits of a fully implemented 13A that justify such sacrifices of the country’s youth of the previous generation?

Be that as it may, does Ranil Wickremasinghe want to invest this servile surrender to foreign pressure with a sacred quality by having a special Sacred Tooth Relic exposition? It can’t be that he is mocking Sinhalese Buddhist sentiments. True, he was totally rejected by the mainly Buddhist Lankan electorate as a prospective candidate for executive presidency. It could also  be a similar passive-aggressive attack on his part on the pohottuwa alliance (the Sri Lanka Podu Peramuna, the SLPP). He must have been waiting for a chance to take his revenge on the SLPP, which turned itself into his nemesis in the last parliamentary election. But the principal partners of the SLPP, the treacherous Rajapaksas, as it has now become so clear to the betrayed public, were able to do this otherwise commendable thing, by pretending to espouse the popular nationalist cause, merely to hoodwink the masses to win votes. Ranil and the Rajapaksas are partners now. They are not strange bedfellows; they are natural allies. Whatever they are making common cause in achieving, turning the country’s hallowed Sinhala Buddhist cultural heritage into a political football between rival factions of conflicting persuasions is something worse than the Maligawa bombing itself. It does not augur well for the future of our Motherland. It is the last thing that fair-minded patriotic citizens belonging to all communities are likely to take lying down. 

The only thing that people expect Ranil Wicktremasinghe to do at this moment is to focus on rescuing the country from the economic crisis that it is engulfed in, and leave it to the present day youth of the country from all the diverse communities to lawfully, democratically and peacefully usher in the new corruption free Sri Lanka that they want to build. 

When three LTTE suicide cadres drove an explosives laden truck to the Maligawa early on the morning of January 25, 1998, and set it off, it caused massive damage to the building, while killing seventeen innocent worshippers including two two-year old infants and the three suicide bombers. The attack was universally condemned across the civilized world in the sternest terms. It was reported that three times more money was donated by the ordinary people than was necessary for restoring the destroyed parts of the Maligawa, which was completed within two years of the heinous crime. Ranil Wickremasinghe was the leader of the opposition then. Condemning the bombing he said, “Not even in the darkest moments of Sri Lanka’s 2000 year history has such an act of destruction been perpetrated against the very symbol of our civilization and history.” He should know (I am sure he does, for he is a very well-read knowledgeable person) that the Tooth Relic has been a symbol of sovereignty over the island since the 4th century CE when it was brought to Anuradhapura from Dantapuri (modern Puri, Odisha) in India. If he insists on having the Mahanayakes agree to hold a Tooth Relic exposition to give some sort of legitimacy to his controversial move, and if his request is granted by them, then he will appear to mock the sanity of Sri Lankans and the sanctity of this national symbol. 

To my shock, however, I hear that the relic exhibition that Ranil Wickremasinghe proposed, is scheduled to start on March 4, a month after the day of disputed independence. If this incredible piece of information is true, then it means that the two Mahanayakes, the guardians of the Maligawa, (no one is above them in this matter) have agreed to bless the ultimate victory of those who wanted to destroy ‘the symbol of our civilization and history’!

Of course, Ranil Wickremasinghe alone cannot be held responsible for what is now almost a certainty. All the leaders (or most of them) and their mostly inarticulate juniors in parliament  reportedly support the president’s decision. They should share responsibility, too, for what is going to happen. Constitutionally, of course, there appears to be no barrier to the full implementation of 13A. But that is only a technical point, beyond morality. The three pillars of parliamentary democracy are said to be the legislature, the executive and the judiciary. The country’s moral values reign over all three. The ethical conduct of the humans who embody the legislative, executive, and judicial powers is imperative for the proper functioning of the democratic system. That is my idea. 

Civil social activist and Vinivida Foundation convener, lawyer Nagananda Kodituwakku argues in a recent video that president Wickremasinghe has no moral right to take that decision, but that it is in accordance with an agreement reached between the Tamil  National Alliance (TNA), the UNP, and the JVP (represented by Anura Dissanayake, now National People’s Power leader) on September 20, 2017. Recently, Anura Dissanayake even appeared on a TNA stage in the north, according to him.

The NPP leaders say that their goal is to bring in a good government that is free from corruption and theft, and that  establishes the rule of law. But that is the main platform on which even UNP’s J.R. Jayawardane fought the 1977 general election, pledging to bring in a Righteous Society (that has to date failed to materialise). The Island newspaper reported (February 2, 2023) that NPP MP Dr Harini Amarasuriya, asked about her party’s stand on Ranil Wickremasinghe’s decision to implement the 13A fully, said she didn’t believe he would do that, because he didn’t do it when he could do it. The NPP also believes that it should be fully implemented, though there was still a debate about this within the party. She told The Island: 

“It has been presented as a solution to the national problem. It is already there in the Constitution and we believe that it should be implemented, but we have a debate whether it could be a tenable solution for the national problem. Our standpoint is that a government with genuine intention of addressing the issues of Tamil people must bring about solutions to the national problem, and we have no faith in other parties, but only the NPP could do that.”

It is not clear how the NPP is going to deal with the 13A issue. But if it is hoping to wangle the support of the Sinhala Buddhist masses while horse-trading with the federalists, Anura’s chances of becoming president will evaporate soon. As he has already apparently indicated that his prime minister will be Sumanthiran (I am not sure of this piece of gossip) in case he becomes president, the voters in the south will be even more sceptical about voting for him. Sumanthiran is the exact opposite of Lakshman Kadirgamar, that the Sinhalese universally loved, and honoured above all other politicians.

To return to Nagananda, he blames former elections commissioner Mahinda Desapriya for conniving at the TNA’s treacherous intentions revealed in its constitution. Desapriya had been given only the Tamil version of the TNA’s constitutional proposals, which he apparently couldn’t read and understand. He hadn’t asked for or they hadn’t given him the English version of the document (which means, according to Nagananda, they didn’t want its contents to be accessible to the Sinhala majority). Nagananda claims that he had some significant parts rendered into English: According to him, the TNA constitution (includes) “…… the right to self determination, the policy of founding an autochthonous Tamil State, Tamil Aru, and an autochthonous Muslim State, Muslim Aru, and thereby seeing the liberation of the political and economic aspects of the Tamil speaking people…….

Note: An absolute guarantee will be given to the right of religion and language of the minority national races that live in the autochthonous Tamil State that will be set up in the Tamil Motherland……..”.

(Incidentally, I do not agree with Nagananda’s explanation of the concept of the independence of the judiciary in this context.)

Now these autochthonous claims for Tamils and Muslims in Sri Lanka are ludicrous inventions. Authoritative historians (including Professors Karthigesu Indrapala and Kingsley de Silva) have shown that before the 13th century invasion by Magha of Kalinga, there was no Tamil kingdom in the north of Sri Lanka nor a settled Tamil population there. Tamils are the autochthonous inhabitants of Tamil Nadu in the mainland India. As for Muslims in the eastern province, they were settled there by king Senerath of Kandy (1604-1635 CE) as fugitives from Portuguese persecution in the coastal areas that they were occupying. Muslims and Portuguese were rival traders. The Sinhalese king also settled some of these Muslims in the central highlands. Still later the occupying Dutch and British brought Javanese and Malaysian Muslims, thereby adding to the growing Muslim population in Sri Lanka in the 18th and 19th centuries.

The Implications of Nagananda’s revelations for the country need not be elaborated. He emphatically says that the ordinary Tamil people he met in Jaffna do not ask for a separate state. They only want to live in one Sri Lanka peaceably with the other communities.

Nagananda believes that the local government elections that are going to be held will not be of any value and that the Anura Dissanayake-led NPP is unlikely to win such a significant victory at imminent local government election. I personally think that the NPP appears to be the front runner, judging by the size of the crowds that attend its rallies (as reported on online media). But do these people know what the party leaders are really committed to, I wonder? There is no stamp of conviction on most faces, though. Most look sceptical of the leaders

We need statesmen/women, not mere politicians. People are fed up with the latter. Anura is not likely to turn out to be a real statesman, even if he gets the chance to do so one day, if he pursues his proven hypocrisy. However, compared to the leading buffoons of the two traditional parties (the UNP and the SLFP/or their ghostly modern reincarnations), Anura Dissanayake would be someone that the people can look towards as an alternative leader, provided he does not forfeit the trust of the majority Sinhala Buddhists in his attempt to win the loyalty of the traditional minority leaders, who will never ever change their spots, though they may change their hunting grounds.

Ranil Wickremasinghe has got his last chance to prove his statesmanship and retrieve his lost popularity and honour. He should not, as default president, abuse his executive powers to implement the long disputed 13A for the time being, but do whatever he can do to address the economic woes of our suffering masses before the current presidency ends. It is hoped that he will use his constitutional powers to achieve that end. Then let him call presidential elections and fight it himself or get his nominee to fight it on the single issue of the all important 13th Amendment, perhaps against a principal rival like Anura Dissanayake. Whoever it is, the next president must have the support of the active, truly educated youth of the country, not the half-wits now in the limelight.

Rohana R. Wasala retired from government service and is a regular columnist for Sri Lanka Guardian.