Despite the challenges, President Ranil Wickremesinghe remains committed to the full implementation of the 13th Amendment, which he believes is essential for peace and reconciliation in Sri Lanka.
Much attention was drawn to the All-Party Conference (APC) called by President Ranil Wickremesinghe last week primarily to discuss implementation of the 13th Amendment to the Constitution which granted greater devolution to the provinces in the form of land and Police powers.
Coming so soon after President Wickremesinghe’s visit to India, there were many interpretations to this meeting. One school of thought was that New Delhi was keen to see the implementation of the 13th Amendment which was a direct result of the Indo-Lanka Accord, signed way back in 1987.
The other, more validated view was that President Wickremesinghe was personally eager to implement the 13th Amendment. Throughout his political career, the President has a track record of not resorting to communalism and has even lost national elections due to this consistent stance.
National importance
The President’s invitation to the APC caught many opposition parties off-guard and in two minds. On the one hand, with major elections due to be held next year, they could not be seen to be shirking their duties by refusing to attend a meeting convened by the President on a matter of national importance.
Opinion within the main opposition party, the Samagi Jana Balavegaya (SJB) was sharply divided. Some were apprehensive that by attending the meeting, the party would be called upon to declare their position on fully implementing the 13th Amendment, which could be a politically damaging exercise.
Others in the SJB felt that, as a party which hoped to contest elections in alliance with many so-called ‘minority’ community based political parties and as a party that was advocating for communal harmony, it should be able to state its views unambiguously and present it to the public.
It is understood that the SJB leadership consulted members of the Nidahasa Jathika Sabhawa (NJS) where its leadership too had divergent views. However, it is known that Professor G.L. Peiris has urged both the NJS and the SJB to attend the meeting which led to both parties attending the APC.
JJB stance
In contrast, the Jathika Jana Balavegaya (JJB) took an entirely different view. The opposition party, which had picked up popular support late last year and early this year stated that any discussions on implementing the 13th Amendment at this juncture would be a “waste of time” and refused to attend.
Not so, however was the Sri Lanka Freedom Party (SLFP). The party attended the meeting with its leader, former President Maithripala Sirisena participating. Sirisena led the previous regime in which President Wickremesinghe was Prime Minister, where national reconciliation was a priority.
It is known that there were different views even within the ruling Sri Lanka Podujana Peramuna (SLPP) about participating in the APC. Many party stalwarts sought the views of former President Mahinda Rajapaksa who advised the party to attend the meeting but maintain a cautious outlook.
Cordiality atmosphere
It was in such a backdrop that the APC took place. With several APCs being held previously on the same issue, few expected the thorny issues related to implementing the 13th Amendment to be fully resolved at this meeting. Nevertheless, the discussion proceeded in an atmosphere of cordiality.
In his address to the APC, President Wickremesinghe outlined his vision for provincial councils, envisaging devolving greater powers in sectors such as tourism and education as well as the more controversial delegation of Police powers. All these would require changes to existing laws, he said.
President Wickremesinghe also noted that the existing provincial council system was not functioning optimally. “Reflecting on the past ten to fifteen years, it is evident that development at the provincial level has been lacking, with more progress seen with District Development Councils,” he said.
The President also spelt out in detail issues regarding the devolving of Police powers to the provinces. “The main problem that arises there is that it is not possible to exercise any of the powers according to the Police Ordinance. The first thing we need to do is introduce a new Police Act,” he observed.
Dual appointments
President Wickremesinghe also noted that there was a proposal to allow parliamentarians to function as provincial councillors. “A proposal has been put forth to facilitate dual appointments, allowing members of the Provincial Council to hold positions in parliament and vice-versa,” he said.
The President was however equally keen to point out that, as Executive President, he can only drive the process of implementing the 13th Amendment but for this to be successful, he requires the wholehearted support of the Parliament. “My party has only one Member of Parliament,” he quipped.
“I can only present proposals, it is crucial to obtain the support of all parliamentary members for successful implementation. It is the collective responsibility of all to find solutions regarding the 13th Amendment’s implementation or potential abolition. I cannot do this alone,” the President said.
Following the President’s address, there was a frank exchange of views, reflecting the diversity of opinion on the implementation of the 13th Amendment. Among those who supported the President’s initiative were former President Sirisena and the Community Party’s Weerasumana Weerasinghe.
Striking a different note were Professor GL Peiris, the Tamil National Alliance’s MA Sumanthiran and Tamil Peoples’ National Alliance’s CV Vigneswaran. They all supported implementing the 13th Amendment in principle but lamented the lack of progress so far, many decades after it was adopted.
In contrast Jathika Nidahas Peramuna Leader Wimal Weerawansa noted that implementing the 13th Amendment should be undertaken with the utmost caution. Weerawansa bolstered his arguments, quoting the views of former Supreme Court Justice R.S. Wanasundera regarding the amendment.
Different concerns
Leader of the Opposition Sajith Premadasa and Parliamentarian Dullas Alahapperuma both expressed different concerns. While supportive of the concepts embodied in the 13th Amendment, they sought assurances that its implementation was being sought in good faith and not for political expediency.
This is a reflection of the view widely held in opposition political circles that President Wickremesinghe was engaged in this exercise at this time with a view to ensuring a majority share of the vote of the Tamil and Muslim communities especially in the Northern and Eastern provinces.
Perhaps the most interesting response came from Sagara Kariyawasam. Representing the ruling SLPP of which he is also the General Secretary, Kariyawasam cautioned the President that he was about to embark on a task which none of the seven Executive Presidents before him had undertaken.
Kariyawasam refrained from stating whether his party supported or opposed the full implementation of the 13th Amendment. For any meaningful action on the legislation to be come a reality during the term of this Parliament, the support of the SLPP which is the majority party, is essential.
Observers have interpreted Kariyawasam’s remarks as reflecting the ongoing ambivalence within the SLPP not only with regard to the 13th Amendment but also with regard to the support it extends to President Ranil Wickremesinghe. This is because the SLPP is undecided about its next political step.
National elections
A faction within the SLPP is of the view that the party is best served by aligning with the President for the next national elections, as its own prospects for securing victory by running on its own are not very encouraging. Cohabiting with President Wickremesinghe has not been difficult, they point out.
Another faction in the party has a different view. They feel that they should forge their own identity as a party at the next polls, even if it means they run the risk of being relegated to the opposition. They also point to the difficulties of having a common candidates’ list with the President’s party, the UNP.
While such a dichotomy prevails in the SLPP, it is understandable that General Secretary Kariyawasam was hesitant in categorically committing himself for or against implementing the 13th Amendment. However, the SLPP will need to decide on their extended support for the President soon.
At the conclusion of the APC, the President announced the formation of a Cabinet sub-committee that would explore related issues. It will consist of Prime Minister Dinesh Gunawardena along with Ministers Susil Premajayantha, Prasanna Ranatunga, and Wijayadasa Rajapakshe.
Whether this sub-committee and the others involved in this exercise make progress or get mired in legislative and administrative matters depends on the commitment of political parties to see this issue resolved once and for all. As has been noted, the 13th Amendment, passed in 1987, is still in limbo.
President Ranil Wickremesinghe has undertaken this effort which has a significant political risk for himself. It would only be fair that the country, through its elected representatives in Parliament decide whether they wish to implement the 13th Amendment, modify it, or remove it from the Constitution.
Lakdev Liyanagama