Indo Sri Lanka Peace Accord and the 13A Who is the Winner

7/28/2019 Indo Sri Lanka Peace Accord and the 13A Who is the Winner

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Indo-Sri Lanka Peace Accord And The 13A:

Who Is The Winner?

By Ayathuray Rajasingam -July 1, 2013Since the signing of the Indo-Sri Lanka Peace accord, there

was reluctance to implement the 13th Amendment as it wasunacceptable to the ruling Sinhalese politicians. On the other

hand, it was felt that neutralizing the 13thAmendment would bea monstrous justice to the Tamils paving way for the creation ofthe essence of inequality to be embedded to the constitution.The issue is whether Sri Lanka can wipe out the

13th Amendment and if so, what will the reaction of India.The period from 1970 to 1987 in Asia should be determined inthe context of political developments in the South Asian region. During the period ofthe Bangladesh independence war with Pakistan, India was unhappy when Sri Lankaallowed Pakistani planes to refuel at Katunayake airport. The USA and China wereunable to assist Pakistan, when Bangladesh was provided with military assistance ingaining independence by India. In view of the Pakistans behaviour, India wasexploring to invade West Pakistan and Pakistan-controlled Kashmir which compelled

America to urge China to mobilze its forces along the Indian border, but China wanteda ceasefire with India. When, Bangladesh was recognized immediately by India andRussia, America recognized it much later and China went to the extent of vetoing its

admission to the UN until 31st August 1975. Meanwhile India took various measures tomodernize and strengthen its naval force and air force. This was the scenario in South

Asia.

WhenJ.R.Jayawardene (JR) assumed power, the third constitution was passed in theParliament. The TULF had become the opposition party. It was a disgrace that mobswent to the extent of burning the official residence of the opposition leader during theriots. Perhaps they would have found it difficult to digest that a Tamil Party hasbecome the opposition party. The problem led the TULF leader A.Amirthalingam to be

an ally of Indra Gandhi when J.R was the pet of USA and China. India smelt thedangers to its sovereignty through Sri Lanka and took up the Sri Lankan Tamil issue tomonitor foreign activities in Sri Lanka.JR was adamant not to give in to Tamils after the 1983 civil riots. When refugeesflooded in Tamil Nadu, Indra Gandhi government sought to make it clear to JR thatarmed intervention in support of the Tamils was an option, India would consider ifdiplomatic situation should fail. Meanwhile some unpleasant incidents occurred inIndia. The Golden Temple was invaded by the Indian Army and the Sikhs were

Ayathuray Rajasingam
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massacred. Thereafter, Indra Gandhis son, Sanjay Gandhi, who was a dominatingfigure in the Indra Gandhis Government, died in an aircraft crash. Later, Indra Gandhiwas assassinated. Finally Rajiv Gandhi assumed office as Prime Minister of India.

After the 1983 communal riots, Tamil militant movements were established andthousands of Tamil youths joined which prompted the Armed Security Forces toengage in search and destroy operation. It is the military operation at Vadamaradchy

that led India to intervene in Sri Lanka as guardian of the oppressed Tamils, resultingin Operation Poomalai where Indian Air Force to air-drop food supplies over Jaffna andJR sought assistance from US and China which proved to be a futile exercise as bothcountries did not wish to go against India. Thereafter, the signing of the Indo-SriLanka Peace Accord in July 1987 and the induction of IPKF in Sri Lanka took place.The issue is has Sri Lanka bowed to India.Prior to the signing of the Peace Accord, in 1985 India organized a meeting at Thimpufor Sri Lanka and the Tamil militants with theTULF for peace talks in order to end thewar in Sri Lanka. Four principles were laid down at this Thimpu Talk, viz, (1)recognition of Sri Lanka Tamils as a nation, (2) recognition of the existence of an

identified homeland for Sri Lanka Tamils, (3) recognition of the right of self-determination of the Tamil nation, and (4) recognition of the right to citizenship and thefundamental rights of all Tamils, who view Sri Lanka as their own country. This wasknown as the Thimpu Declaration of 1985. But Sri Lanka rejected the first threeprinciples, as they violated Sri Lankas sovereignty. Sri Lanka took the view that sincethe right of self-determination implies the right of secession and the right to create aseparate State, they are totally unacceptable. International law does not regard theprinciple of self-determination which authorizes a group to take action that would resultin impairment of the territorial integrity and unity of a sovereign and independent State.International Law recognizes that the right of self-determination applies only to colonial

peoples striving to win independence from foreign domination and does not apply toStates. Eventually the peace talks collapsed on 18th August 1985 due to theintransigence of both parties.Mention should be made that India was only keen to bring both the warring factions tosettle their disputes in an atmosphere of cordial friendship and peaceful manner. Indiaexpected a give and take policy from both parties. Both parties failed to control theiremotions. They failed to realize that negotiation is an art and involves technique andnot demand. Sri Lankas representatives were adamant in criticizing the principle ofself-determination to which India was not happy, as it was a direct hint to India whichmilitarily assisted Bangladesh to gain independence from Pakistan. India was also

unhappy with the Tamil militants for being inflexible in their attitude. Neverthless, Tamilinsurgents made a blunder in not allowing the TULF leader A.Amirthalingam solely topresent the problem like Bismark of Germany or Cavun Cavoor of Italy.

The Indo-Sri Lanka Peace Accord was signed with the objective of keeping Americaaway from gaining a foothold in Sri Lanka. When J.R.Jayawardene asked J.N.Dixit tobe specific about Indias concern, J.N.Dixit said that Sri Lanka should assure India onthe following terms:
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Reduction & phasing out of foreign military and intelligence personnel in SriLanka from western countries and Pakistan;

Sri Lanka should reorganize its foreign and defence policies and reduce itsinvolvement with USA, Pakistan, China, Israel & South Africa;

Sri Lanka should give assurance that its seaports and airports would not beutilized by foreign powers which were antagonistic towards India or whichaffected Indias security interest negatively; and

Sri Lanka should fulfil the assurances which it gave in 1985 that India wouldbe given an opportunity to maintain the Trincomalee Oil Tank Farms andthat Sri Lanka would prevent foreign broadcasting stations like the VOAfrom being utilized for military purposes by western countries.When J.R.Jayawardene pointed out that these were excessive, J.R.Dixit politely

reminded that these were mentioned by Minister P.Chidambaram on 29 th April 1985

and 5th May 1985. In addition, Indian Minister of State Natwar Singh did the same on

24th November 1986 and again between 17th and 19th December 1986. Briefly it

means Sri Lanka bowed to India in a peaceful manner. The two developments (1)from the day Bangladesh obtained independence until the formation of the SAARCthat took place in 1985 and (2) thereafter to the signing of the Peace Accord 1987 sent a strong message to its neighbours, China and the West that India will not ignorestrategic developments in its close proximity in Sri Lanka (a reminder to Rajapaksesregime) that are likely to harm the security interest of India and would support theminority demand for an equitable deal. Even during the Tsunami in 2004, Indian navalships were reported to be along the coast of Sri Lanka.

With the signing of the Indo-Sri Lanka Peace Accord, the IPKF was inducted in SriLanka. The IPKF was sent not only to maintain peace in the North and East Provinces,

but also to monitor the activities of the Islamic terrorist activities in the EasternProvince where there were signs of gradual emergence of Wahhabism. Perhaps thatmay be the reason why Kathankudy was razed to the ground by the IPKF. Moreover,the inflexible attitude of the Tamil militants, which reflected the suspicious behaviour ofthe LTTE, cautioned India to have contacts with one Gnanapragasam Gnanasekeranalias Paranthan Rajan, a prominent figure of PLOTE who formed the Three Starsmilitant group with splinter groups. He formed a political group known as ENDLF withthe breakaway faction of PLOTE, in the event of any reprisals from the LTTE with theaid of R.Premadasa to hamper the Indo-Sri Lanka Peace Accord. As expectedR.Premadasa had secret links with the LTTE to fight the IPKF, without knowing the

dangerous consequences. This is where the Indian diplomacy worked well.In pursuance of the Indo-Sri Lanka Peace Accord, the Sri Lanka Parliament passed

the 13th Amendment to the 1978 Constitution and the Provincial Councils Act toestablish the Provincial Councils. Tamil was made an Official Language under the

13th Amendment. The 13th Amendment was the outcome of the Indo-Sri Lanka PeaceAccord relating to the rights of the minority Tamils which was utilized as the weapon forIndia and the USA to grate Sri Lanka.
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The turn of events in South Asia led Sri Lanka to be the focal point in the eyes of USAwhen India and China were competing for supremacy in the Indian Ocean region. After1980 US expanded its co-operation in the economic and scientific realms with the viewto counteracting Russian influence in the region.

But after the defeat of the LTTE, the prospects for national integration appears to be

blocked under Mahinda Rajapakses regime because his government is likely to rollback the 13th Amendment which was instrumental in making Tamil as an officiallanguage and limited autonomy to the Northern Province. The dismantling of North-East Provinces appears to be a calculated move a sign of ignoring the Peace

Accord.

There are drawbacks in the 13th Amendment which revolves round (1) ProvincialGovernor, (2) a Provincial Board of Ministers with a Chief Minister and (3) ProvincialCouncil.

Provincial Governor is elected by the President who will have to carry out his orders. If

the President is not satisfied, he can dismiss the Provincial Governor. It means theProvincial Governor will hold office during the pleasure of the President in accordance

with Article 4(6) of the Constitution. Therefore, the 13th Amendment has not weakenedthe powers of the President. The President is all powerful.

The fact that the Provincial Council will have control over the Provincial Public Serviceis without any foundation. The Governor is empowered to alter, vary or rescind anyorder made by the Provincial Public Commission, because the Provincial Governor isthe administrative head of the Provincial Public Service.

Even the Chief Minister of a Province is tightened by way of Oaths. The

6th Amendment was declared to be a violation of the right to freedom of expression asenshrined in Section 25 of the International Covenant on Civil and Political Rights, bythe International Commission of Jurists. This is an embarrassing situation for Sri Lankain the eyes of the western democratic countries which honour and respect theprovisions of the International Covenant on Civil and Political Rights to which SriLanka is a signatory. The civil liberties in Sri Lanka have become a matter ofconsiderable debate.

The only notable feature for the Tamils in the 13th Amendment is that the ProvincialGovernor is required to act on the advice of the Chief Minister only in respect of formaland ceremonial matters relating to the appointment of Ministers, summoning ofProvincial Council, proroguing of Provincial Council and dissolution of ProvincialCouncil which are matters that will not affect the President by virtue of Article 4(b) ofthe Constitution. It is the financial matter which is vital for the development of the NorthProvince. But the Provincial Council was not empowered to withdraw money from theProvincial Fund without the approval of the Governor. Moreover, the Provincial Councilwill have to obtain the recommendations of the Provincial Governor to levy taxes. Inaddition, the Provincial Fund will be in the custody of the Provincial Governor, who will

regulate the Provincial Fund. Briefly the 13th Amendment catered to the objectives of


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the President. The question of improvement of the 13thAmendment to fulfill theaspirations of the legitimate rights of the Tamil speaking people was totally ignored bythe Sinhalese politicians.

What is required is an improvement of the 13th Amendment to legitimize the rights ofthe Tamil speaking people with a positive thinking in accordance with the democratic

practices. Sri Lankan politicians have to learn from Canada as to how the Frenchspeaking Quebecois are looked after or how the British politicians are looking after theinterests of Scotland, Wales and Northern Ireland by way of enacting separate Acts forthem to govern within the unitary government of the United Kingdom. Canada alwaysrectifies all defects and justified their aspirations of the French people of Quebecwhich strengthen the unity of the country. But in Sri Lanka, Sinhalese politiciansalways explore ways and means to suppress the aspirations of the Tamil speakingcommunity. They are not concerned that Tamils are a segment of the Sri Lankanpopulation since time immemorial. It is time for Sri Lanka ruling politicians to addressthe central issues of the Tamil national struggle, instead of deviating the attention of

the Sinhalese with the creation of Bodu Bala Sena (BBS), sending of Sri Lankanmilitary personnel for training to India and later to Pakistan at a time Muslims havebeen the target of BBS, settlement with Sinhalese in lands belonging to the Tamils,etc, some of which are against the spirit of the Peace Accord and nullify the concept ofTRULY SRI LANKANS.

Being aware of the weakness of the SAARC by virtue of its Article 10 which states thatbilateral and contentious issues shall be excluded from the deliberations, the Indo-SriLanka Peace Accord was drafted in a manner for India with the view to forge both theSinhalese and the Tamils as close partners within Sri Lanka. It may be argued thatthere is a diversity in the types and forms of political regimes as found in India,

Pakistan, Sri Lanka, Bhutan, Nepal, Tibet, etc based on caste, language, religion, etc.,and as such there cannot be unity among the Indian States. But since India (Pakistanincluded) gained its freedom through bloody war and because of the pressure fromexternal sources to its sovereignty, India realized the value of independence. Had SriLanka fought a bloody war for its independence like the USA or India, the politicianswould have taken into consideration of all the communities and respect their rightsupon realizing the value of independence. Likewise, had SAARC been a strongorganization like the European Union with the enshrinement of a Human RightsCharter and a Parliament, ethnic Tamil problem would not have cropped up in SriLanka. However, since the Indo-Sri Lanka Peace Accord was signed between two

countries, it can only be abrogated by both parties and cannot be abrogatedunilaterally. It appears that India has landed Sri Lanka in the pit from where Sri Lanka

cannot escape. The Indo-Sri Lanka Peace Accord and the 13th Amendment is a totaldefeat for both the Sri Lanka Tamils and the Sinhalese while India emerged asvictorious.

The improvement in the 13th Amendment revolves round the issue of the right to self-determination. Self-determination is a human right of all people, which could beexercised within a country. It is not the issue that it leads to secession, but the


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question of how such self-determination will lead to strengthen the unity of the countryas demonstrated in Canada, India, Switzerland, etc. It is the question of mutualunderstanding and respecting others rights, for which the ethnic communities shouldbe granted power to pursue their own economic, social and cultural development. Thepower should be given to the ethnic Tamils and Muslims who seek properrepresentation and participation in decision making, power sharing and the right to

exploit the natural resources on a regional basis, subject however that the granting ofpower should not mean the right to secede based on peoples ethnicity. The right toself-determination is a means of confident building measure. Sri Lanka should realizethat every country is been built on trust. The eradication of the impediments disclosed

in the 13th Amendment is the expectation of democratic countries for the smoothfunctioning of the Provincial Councils, in the new amendment to be passed. It is thenthe people of Sri Lanka can be called TRULY SRI LANKANS reflectingmulticulturalism. If, however, Mahinda Rajapakse is bent on wiping out the

13th Amendment and the Peace Accord, at a time he is under a moral obligation touphold the Commonwealth values, it is going to be a million dollar question.

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Indo Sri Lanka Peace Accord and the 13A Who is the Winner