13th Amendment to Constitution not the solution - ACMC
By Naalir Jamaldeen
The securing of seats by the Muslims at the forthcoming Northern
Provincial Council Elections will be affected if the Sri Lanka Muslim
Congress (SLMC) goes it alone, said Y.L.S Hameed Secretary General, All
Ceylon Muslim Congress (ACMC) in an interview with the Sunday Observer.
ACMC General Secretary
Y.L.S. Hameed |
Question: The SLMC has a strong vote base in the North. Would
the SLMC be a challenge to your party at the forthcoming Northern
Provincial Council Election?
Answer: The vote base the SLMC had during the time of its late
leader M.H.M Ashraff has now diminished as was witnessed in the recent
successive elections. However, the SLMC going it alone will have a
negative impact on the prospects of returning the entitled number of
seats by the Muslims as experienced at the last Local Government
Elections in the North where the SLMC could not secure even a single
council nor return any significant number of seats as opposed to the
ACMC, but succeeded in successfully ensuring that the Mannar and
Vavuniya urban councils went to the TNA thus achieving its undeclared
objective.
This time around too we do not consider the SLMC a challenge to the
ACMC in terms of votes. However, given the peculiarities of the
Proportional Representation System even the few hundred votes the SLMC
might poll in the North may have an adverse impact on the possibility of
ensuring the entitled Muslim representation in the council.
Q: You made a statement at a press briefing that you would be
opposed to the holding of the Northern Provincial Council Elections
until the displaced Muslims are resettled. On what basis has the ACMC
now decided to contest the Election?
A: I didn't say so. What I said was the ACMC would oppose the
Northern poll until the rights of all displaced Muslims to vote at the
said Election is ensured. Now that the Registration of Electors (special
provisions) Act has been passed to accommodate the IDPs in the electoral
list we have no objection. However, we would still prefer the delaying
of the election until the resettlement is complete since there may be
resistance to the speedy and smooth resettlement of the Muslims if the
NPC were to be controlled by the TNA whose Members of Parliament are
currently placing numerous obstacles to the resettlement of the battered
Muslims, even without any administrative power in the North.
Q: What is your stance in relation to the proposed amendment
to the 13th Amendment?
A: The proposed amendment that is speculated and much
discussed about in the media is supposed to contain a clause for the
removal of Article 154 A3 which empowers Parliament to provide for two
or more adjoining provinces to form one administrative unit with one
Chief Minister and a single Board of Ministers, and another clause to
modify Article 154 G3 which requires the consent of all Provincial
Councils to enable Parliament to legislate in respect of subjects in the
Provincial Council List. These are besides the likely removal of Land
and Police powers. As far as the ACMC is concerned as regards the first
clause it is not only necessary but also urgent to remove Article 154 A3
relating to the merger in view of the fact that the merger of the North
and the East remains to be within the capacity of a simple majority in
Parliament and that the international pressure keeps intensifying inter
alia for the merger.
The Land and Police powers are not only detrimental to the interest
of the Muslims but will also put into jeopardy the security of the
Muslims outside the East.
However, with regard to the second clause in the proposed amendment
relating to Article 154 G3 requiring the consent of Provincial Councils
we believe the select committee could come up with a formula acceptable
to all.
What is paradoxical in the context of Sri Lanka's ethnic question is
that all protagonists to the Provincial Council System are conditioned
to think in terms of devolution and devolution alone and nothing beyond
that. No one thinks of a formula that would ensure mandatory
stakeholdership to all communities in the governing process at the
centre as a viable alternative.
Q: The ACMC is represented in the Parliamentary Select
Committee, but the SLMC has been left out. What is your comment on this
issue?
A: Of course, the SLMC has to be in the Committee. We don't
know why the SLMC is left out from the UPFA. I believe it is due to the
fact that the SLMC was not a constituent party of the UPFA and it did
not contest under the UPFA symbol at the last General Election but
contested on the UNP ticket. However, the SLMC reserves the right to be
represented in the committee either through the opposition or on its
own.
Q: Is the ACMC collaborating with the Government?
A: We are in the Government but not collaborating. In the
select Committee we will make representation which we consider is in the
best interest of the people that we represent.
Q: The SLMC strongly defends the 13th Amendment and supports
the demand for greater power to Provincial Councils. What have you got
to say about this?
A: This is a very important question. The SLMC's stand on the
13th Amendment is contrary to the stance taken by its late leader and
founder M.H.M. Ashraff. Ashraff had outrightly rejected the Indo-Lanka
accord and the 13th Amendment on the ground that the Muslim community
which was an integral part of the North East population had not been
consulted prior to the Indo-Lanka Accord and the enactment of the 13th
Amendment. Therefore, Muslim interest was not taken into account in the
formulation of the Provincial Council System. However, the late leader
participated in subsequent deliberation in the form of round table
conferences to safeguard the interests of the Muslims in the already
established Provincial Council System.
Q: There is a need for all communities to come together to
forge ahead in the development march spearheaded by the government. Do
you think the recent events that appear to create communal dissensions
auger well for reconciliation?
A: The whole country would bear testimony to the support
extended by the Muslim community to eradicate terrorism in the process
of which the Muslims paid dearly in terms of lives and property as was
witnessed in several parts of the East such as the Kattankudy mosque and
the forcible eviction of the Northern Muslims.
With peace having dawned in the country following the successful
conclusion of the war against terrorism it is unfortunate that certain
communal elements have chosen to take on the Muslims aimed at driving a
wedge between the Sinhala and Muslim communities who have hitherto
enjoyed a cordial relationship and continue to do so.
However, we should be thankful to the majority community which was
not carried away by the hate campaign.
It is incumbent on all political parties, civil society groups and
every peace loving citizen to isolate these communal elements and take
the country on a forward march.
Q: The 13th Amendment should be abolished. What is your view
in this regard?
A: We say the 13th Amendment is not the solution to the ethnic
problem in the country. There has to be a viable alternative acceptable
to all communities. However, abolishing the 13th amendment abruptly
without a replacement will not be in the best interests of the country. |