‘Devolve police, land powers or scrap 13 A’ TNA’s India-backed demand justified

December 29, 2011

By Shamindra Ferdinando

The UNP yesterday challenged the UPFA to abolish the 13th Amendment to the Constitution if the SLFP-led coalition felt it couldn’t be fully implemented without jeopardizing security of the State. The main opposition party said the government shouldn’t expect the TNA to drop its just demand for police and land powers in line with the Constitution.

"There is no point in further discussing the issue with the TNA or any other political party. The government can easily use its two-thirds majority in Parliament to do away with the controversial amendment," UNP Deputy Secretary General Dr. Jayalath Jayawardena, MP, said in a brief interview with The Island yesterday.

Asked whether the UNP, too, would extend its support for the abolition of the 13th Amendment, the Gampaha District MP emphasized the UPFA could do it on its own the way it abolished the 17th Amendment to the Constitution.

Unless the government was willing to devolve police and land powers there was absolutely no point in even discussing the 13th Amendment. It would be nothing but a joke to appoint a Parliamentary Select Committee (PSC) to resolve the ethnic issue against the backdrop of UPFA’s decision not to implement the 13th Amendment in its entirety. The UNP wouldn’t fault the TNA for pushing for key powers, parliamentarian Jayawardena said.

The bottom line was that particular Amendment couldn’t be even called 13th Amendment if police and land powers were dropped, he said, accusing the government of playing politics with the national issue, though the LTTE was no longer a hindrance to achieve a lasting solution.

The former Rehabilitation Minister urged the government not to ignore a recent statement attributed to the official spokesperson of India’s External Affairs Ministry. While responding to Lessons Learnt and Reconciliation Commission (LLRC) report, the official had emphasized the pivotal importance of the full implementation of the 13th Amendment to the Constitution and even going beyond it, the he pointed out. That meant the TNA had the explicit support of the Government of India. It wouldn’t be wrong to say that India was speaking on behalf of those countries pushing the UPFA on the path of genuine devolution, the UNPer said.

The President of the UNP’s trade union arm, the Jathika Sevaka Sangamaya, blamed the UPFA for the failure on its part to change its attitude in spite of eradicating the LTTE. Nothing could be as unfortunate as failing to capitalize on post-war stability to reach political consensus with those in the Opposition, particularly the TNA. Whatever the TNA’s relationship with the LTTE earlier, it shouldn’t be an obstacle to ongoing efforts aimed at reaching political consensus on the national issue.

Jayawardena said that the government couldn’t ignore the LLRC’s call for a political settlement on the basis of devolution without jeopardizing territorial integrity and unity of the country. The MP pointed out the absurdity in the JHU’s criticism of the LLRC pertaining to its position on the devolution of power. Addressing the media early this week, JHU heavyweight Minister Patali Champika Ranawaka alleged that the LLRC, headed by former Attorney General C. R. de Silva, had gone beyond its mandate.

Now that the LTTE had been eradiated there couldn’t be any other obstruction to devolution of power, the MP echoed the LLRC.

The UNP challenged the government to reveal its position on the LLRC’s recommendation without trying to divert attention by making a foolish attempt to blame the TNA for the impasse.

The MP commended the LLRC for recommending the re-establishment of independent commissions to run police and public service without further delay. The LLRC’s recommendation was evidence that it disapproved the scrapping of 17th Amendment, which provided for the establishment of independent commissions, de-politicizes key sectors.

The LLRC also faulted the government for moving so called urgent bills depriving people an opportunity to challenge them in Supreme Court, while calling for freedom of information. Dr. Jayawardena said that the government should make its position clear regarding key issues raised by the Commission.