EP resolution not binding on Government - Minister Keheliya Rambukwella

By Manjula Fernando

The Eastern Provincial Council last week passed a resolution calling for the implementation in full of the 13th Amendment to the Constitution. The resolution moved by the SLMC received support from ITAK and UNP councillors and was passed with a simple majority.

Minister Keheliya Rambukwella

R.Sampanthan

Minister, Weerakumara Dissanyake

Hasan Ali

A. Sarveswaran

The Jathika Hela Urumaya (JHU) and the National Freedom Front (NFF) joined by other forces on Thursday warned that this signified a dangerous alliance between the TNA and the SLMC. They alleged the SLMC and TNA may call for the merger of the two provinces next and then a resolution demanding self rule or a similar set up.

The Eastern Provincial Council is governed by the UPFA with a majority 14 seats, while ITAK with 11 seats is the second force followed by SLMC's seven, UNP four and NFF one seat.

The Sunday Observer contacted different stake holders to obtain their comments on the recent development.

Excerpts of the interviews are carried below

Media and Information Minister, Keheliya Rambukwella: Implementation of the 13th Amendment is under discussion. It is discussed and debated even today. These amendments are not stone inscriptions which can't be changed. What happened in the Eastern Province is that the SLMC has brought a resolution and some other political parties have supported it. The SLMC is a constituent party of the UPFA. The crux of the matter is that there are so many constituent parties within the UPFA that hold different political opinions. We have allowed space for them to air their views but when a final decision is taken the majority view will be accepted.

Some parties within the UPFA say the 13-A should be implemented in full, while others object. At the moment there is serious discussion about it. Dissenting views have been expressed all around and even within Parliament this is the case.

We want to accommodate all views and come to a common agreement. Hence a Parliamentary Select Committee has been appointed but some parties have disassociated themselves from this process, it is their decision and that is a part of democracy.

As for the Eastern Province resolution that was passed last month, it has no binding effect on the Government. Even if a PC resolution is passed with a majority, it will not become law. Resolutions do not override existing law. It is a matter of the Constitution. There are so many tools used within a democratic system.

The National Freedom Front, the Jathika Hela Urumaya and others have expressed that this move by EP councillors could endanger the country. It's a point of view, it should be respected and the TNA and SLMC views too will be accommodated when a final decision is arrived at on the 13th Amendment.

As a Government we are opposed to any kind of separation. Even the Constitution does not provide for a separation. What we are looking for is a means to devolve power without creating any room for separatist elements to claim victory.

TNA Parliamentary Group Leader, R.Sampanthan: The 13th Amendment is part of the Constitution and the Constitution has a binding effect on everyone, be it the Government or the Provincial Councils, everyone is bound by the 13th Amendment. To make the devolution of power meaningful, full implementation of the 13th Amendment is expected. President Mahinda Rajapaksa and the Government has taken more than one commitment in this regard.

The Eastern Provincial Council merely confirmed that this provision in the Constitution must be fully implemented, it is a perfectly legal resolution. There is nothing wrong in that.

NFF parliamentarian and Traditional Industries Deputy Minister, Weerakumara Dissanyake: The TNA and UNP has always been an unholy union with regard to the 13th Amendment. Now the SLMC has joined them. The SLMC is digging its own

grave if they support this piece of crooked legislature which does not have the blessings of the people of this country. They will be jumping from the frying pan to the fire.

The map of Eelam had no space for Muslims. They were chased off from the North by the LTTE and Trincomalee was to be the capital of the LTTE kingdom and the TNA supported it and still support this ideology. Their claimed territory included the Anuradhapura district as well as Kalpitiya and Puttalam in addition to the Northern and Eastern provinces.

Muslim leaders must realise that their people have a rightful place under the present Government before they try to rock the boat. The present leaders of the SLMC is ignorant to this reality.

The Eastern Provincial Council must give priority to attend to the immediate needs of their people such as issues concerning education, livelihood, agriculture, fisheries and electricity. If something is getting in their way in carrying out their functions then they have a legitimate grievance which should be referred to the President as the Head of State. They must bring it to the notice of the President and ask for concessions and more powers. When it is not so, resorting to political decisions should be condemned. When there are other issues at hand where people need urgent redress, they have resorted to fulfill political aspirations. This is not expected of public representatives.

On the other hand, the UNP provincial councilors must pass a resolution at Sirikotha to resolve the leadership crisis within the UNP before helping the TNA or SLMC to call for the full implementation of the 13th Amendment. Once the UNP leader offered Eelam to Prabhakaran on a plate therefore the UNP Eastern provincial councillors supporting separatist elements is not surprising. The NFF is against the implementation of the 13th Amendment since it clears the path for separatism.

SLMC General Secretary and MP, Hasan Ali : This resolution was handed over three months before. It is not a new one. It was accommodated in the agenda and taken for debate at the end of last month. The call is for a power sharing arrangement to the peripheries. The SLMC is not accommodated in the Parliamentary Select Committee also. Therefore, somehow we had to express our views on the 13th Amendment. That is the reason why this resolution was moved by the SLMC in the Eastern Province.

Our policy on the matter had to be made known. We are different from other constituent partners in the UPFA. The parties who contested with the UPFA in elections must be having a different understanding with the Government. But according to our understanding with the Government, we can always take decisions independently.

There are some extreme comments expressed on the SLMC having the same sentiments with regard to the TNA on 13th Amendment. The Sri Lanka Muslim Congress will never support the division of this country. Never ever, that is not in our agenda at all.

These are baseless allegations. The resolution was supported by the Sinhala councillors of the UNP as well.

The problem is some extreme elements in the majority community thrive on keeping communal sentiments alive. We are also citizens of this country.

Our country is not Saudi Arabia. Sri Lanka is our country. I am proud to say that this is my country. Our aspirations should be accommodated and the reconciliation process must not be politicised.

Senior Lecturer at the Faulty of Law, Colombo University A. Sarveswaran: The 13-A cannot be seen in isolation from the Constitution. It is a part of the Constitution. The resolution is asking for the full implementation of the 13th Amendment. That is the basic requirement for passing this resolution. The resolution is not illegal in that sense.

When it comes to the fear of the people, on the 13-A, I would like to add that following the Supreme Court judgment on land powers, I don't think people have any reason to fear because by the SC ruling ,the powers in the 13-A on provincial lands has been further diluted.