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PEACE MONITOR Peace Monitor is a newsletter of the Centre for Policy Alternatives (CPA). The CPA was formed in the firm belief that the civil society contribution to public policy debate is vital and in need of strengthening. In fulfillment of its mandate, CPA focuses on issues of governance and conflict resolution through programmes of research and advocacy. Published since early 2002 as “Saama Kathaa” Peace Monitor is one of the many ways by which CPA seeks to foster and monitor dialogue on key current issues in Sri Lanka. Saama Vimarshi and Saamathana Nokku are parallel Sinhala and Tamil publications. The views expressed here do not necessarily reflect the views of the CPA or its board of directors. Contact information: The Editors Peace Monitor c/o Outreach Unit Centre for Policy Alternatives No 105, 5th Lane, Colombo 3, Sri Lanka Tel: 0112565302 Fax: 0114714460 E-mail: [email protected]/[email protected] Web: www.cpalanka.org Published Date : September 2013 Publication : Volume 10 / Issue 2 Printed By : Globe Printing Works - 0777 315971 Cover Photographs : from www. epdpnews.com and www.uktamilnews.com (front) and skyscrapercity.com, Daily Mirror Graphics Desk (back Cover) While every effort has been made to attribute all articles and photographs to their correct sources/owners, in the event that we have made a mistake or omission, please accept our sincere apologies and the assurance that we will make special mention in the next issue. PEACE MONITOR Volume 10 / Issue 2 September 2013 CONTENTS SUSTAINING CONFLICT THROUGH THE DEVOLUTION OPTIONS FOR PROCRASTINATING ON THE 13TH DEBATE 3 AMENDMENT 42 DR P. SARAVANAMUTTU GOMIN DAYASRI 13TH AMENDMENT : A LESSON FROM CONFUCIUS 6 THE POLITICS OF THE 13TH AMENDMENT AND PROF JAYANTHA SENIVIRATNE ELECTION TO THE NORTHERN PROVINCIAL COUNCIL: THE CONSEQUENCES OF POLITICAL REPRESENTATION THE STAKES INVOLVED - PERSPECTIVE FROM THE LEFT OR THE LACK OF IT 9 46 DR DEVANESAN NESIAH SURENDRA AJIT RUPASINGHE NORTHERN PROVINCIAL COUNCIL: PRUDENCE PREVAILS GENDER ISSUES IN CONSTITUTIONAL REFORM: A FOR NOW 11 REVIEW OF THE REPUBLIC AT 40 50 DR DAYAN JAYATILLEKA KUMUDINI SAMUEL ROVINCIAL OUNCILS ARE HITE LEPHANTS HAT P C W E T THE APRC: A FORGOTTEN RESOLUTION 54 MUST GO TOGETHER WITH THE 13TH AMENDMENT 18 AMITA ARUDPRAGASAM S L GUNASEKARA CELEBRATORY MEMOIRS OF THE LIFE OF COMRADE NORTHERN PROVINCIAL COUNCIL ELECTION: GOOD SUNILA ABEYSEKERA 58 GOVERNANCE AND WOMEN’S REPRESENTATION 21 LIONEL BOPAGE WOMENS ACTION NETWORK STATEMENT ON RELIGIOUS VIOLENCE 62 NO STARTING POINT TO RESOLUTION 25 CENTRE FOR POLICY ALTERNATIVES KUMARAVADIVEL GURUPARAN STATEMENT ON THE VIOLENCE IN WELIWERIA 64 RADICAL UNP AND ITS NEW CONSTITUTIONAL CENTRE FOR POLICY ALTERNATIVES PROPOSALS: A RADICAL FARCE? 28 KALANA SENARATNE CASE DECISIONS ON LAND POWERS - SEPTEMBER 26TH 2013 66 13TH AMENDMENT AND THE EASTERN MUSLIMS 32 SUPREME COURT OF THE DEMOCRATIC SOCIALIST MOHAMED FASLAN REPUBLIC OF SRI LANKA INTERVIEW WITH CHANDRIKA BANDARANAIKE NPC ELECTIONS PRE ELECTION SURVEY 82 KUMARATUNGA 34 SOCIAL INDICATOR, CPA LIONEL GURUGE 2 Centre for Policy Alternatives PEACE MONITOR Volume 10 / Issue 2 September 2013 SUSTAINING CONFLICT THROUGH THE DEVOLUTION DEBATE DR. PAIKIASOTHY SARAVANAMUTTU Devolution and the Thirteenth Amendment are once more at the centre of political debate. This stems from a number of factors – the most obvious being the first Northern Provincial Council election scheduled for the 21 September 2013. Other factors relevant to the current debate and its outcome are the outcome of the election and the integrity of the electoral process through which it is conducted, international and particularly By the same token, a Northern Provin- Indian pressure to ensure non-dilution of the cial Council controlled by the TNA as is existing constitutional provisions on widely expected by most commenta- devolution on the one hand and on the other, tors, will have its work cut out for it, the determination of those elements within the navigating the receding political waters ruling coalition to reduce provincial of devolution, the everyday livelihood devolution to an empty shell if not get rid of it needs of its constituency and the deter- altogether. The latter arises from the strong mined attempts of the Sinhala right to implicit belief of the government that a portray it as unreasonably and irrel- political solution is not necessary – military evantly obsessed with the politics of victory and centralized economic development grievance. are seen as paving the path to peace, prosperity, reconciliation and unity, on government terms. Centre for Policy Alternatives 3 PEACE MONITOR Volume 10 / Issue 2 September 2013 At the heart of the anti-devolutionists’ argument is the contention that national unity would be jeopardized, if the northern provincial council – their fears are really only about this council- were to exercise the constitutionally provided police and land powers. The president and his brothers in government plus a host of ideological fellow travellers insist that this could be the thin edge of the wedge, a posthumous political victory for the LTTE, which would pave the way for secession. It should be noted that the Supreme Court affirmed that the provincial devolution proposed was consistent with the unitary status of the state. In any event, the balance of powers in respect of provincial devolution is heavily weighted in favour of the centre – a power configuration upheld by the courts over the last twenty- five years. Furthermore, the provisions on land and police powers are not obstructive of central government authority or power and are capped – unless of course it is deemed that any form of consultation with a provincial government is beneath the dignity of the centre and injurious to its power and authority. In the above respects, the anti- devolutionary position that stretches from gutting the Thirteenth Amendment to outright abolition – is primarily ideological. This is not surprising. The Rajapaksha regime has consistently demonstrated that the political education of its leadership and standard bearers was formed and concluded on these matters some forty years ago with the passage of the first republican constitution enshrining the unitary state, the official language provision and “foremost place” to Buddhism. The fear about secession at this point, real or imagined in their minds, is more about control of the state and its resources than it is about an imminent danger of it breaking up. A regime, which needs an “other” to consolidate its grip on power, has a vested interest in trumpeting the defeat of the “other” – be it a group or an idea –whilst at the same time maintaining that the return of the “other” in some shape or form, will always be a real and present danger. The fear about secession at this point, real or Accordingly, the Thirteenth Amendment has always been a imagined in their minds, prime target of the current dispensation. They have cleverly is more about control of managed to move debate from a rhetorical position on a the state and its re- political settlement they nicknamed Thirteen Plus, to dilution sources than it is about and abolition of the Thirteenth Amendment, whilst all the time an imminent danger of it maintaining a status quo of Thirteen Minus – land and police breaking up. powers have never been devolved- and systematically working to chip away at the devolved powers through whole scale land grabbing to the Town and Country Planning Act to Divineguma. 4 Centre for Policy Alternatives PEACE MONITOR Volume 10 / Issue 2 September 2013 combined – especially the latter – to put the devolution debate on hold. It will return. The LTTE bogey and the military victory are still the best things going for the regime in http://www.chogm 2013.lk http://www.chogm domestic political terms. Abolishing the Thirteenth Amendment or amending it to the point of extinction, is therefore the unfinished political business of the Preparing for CHOGM military defeat of the LTTE. And the best way to do it and probably the most likely point for deliberations and The reaction to the latter in would be its inclusion in an not the subject of debate. In the Supreme Court clearly election manifesto for a seems to have served as the this respect, the regime has presidential election that catalyst for the impeachment shifted the goal posts. Put could take place hot on the of Chief Justice another way – it is rather like heels of the CHOGM - in the Bandaranayake. playing cards with a cheat! first quarter of next year, There is now a parliamentary Currently the “apeyaanduwa” perhaps? This would give the select committee to look into - pun intended - reaction to regime the popular mandate a political settlement. It is devolution has been halted in it needs to tell India and made up solely of SLFP its tracks; it has by no means whoever else that the Sri members- no Tissa Vitharna been abandoned. The Lankan electorate does not of APRC fame and no Rauff mention of the Northern want devolution and in a Hakeem either. The Provincial Council election in functioning democracy the committee is to look at the the March 2013 resolution at will of the electorate must be Thirteenth Amendment. the UN Human Rights Council heeded. When the parliamentary (UNHRC), a presidential Were this to be the case it select committee was first commitment to the Japanese would also be the case that mooted to the TNA, at a point government that it would he the conflict will remain. So it at which the direct talks held and the danger in will as long as the regime between them and the regime particular that were this not sees domestic political were going nowhere since to be the case and/or the advantage in this, however the regime was unwilling or Thirteenth Amendment short- sighted. By the same unable to put its proposals on further amended, Indian token, a Northern Provincial the table, the Thirteenth pressure could be exerted to Amendment was not the relocate the November 2013 Council controlled by the TNA issue.

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