By Shenali D Waduge
April 21, 2015
Let us get down to the crux of the matter. Sri Lanka is a small
nation but it is a small nation with a very long recorded history and a
longer civilizational history. The nation was built with a history and
the hela people today make up over 70% of the population. If elsewhere
it is an internationally accepted right that the will of the majority
prevails why should it be different in Sri Lanka? Ever since 1505
attempts have been made to dilute the powers of the Sinhalese through
various ways. An article by Presidents Counsel Manohara de Silva titled
‘Proposed 19a to the Constitution – Who’s Purpose’ clearly raises alarm
bells for all Sinhalese. What Sinhalese need to pass on to their
legislators in Parliament is that the position and decision making
rights of the majority Sinhalese must remain 70% say in all matters
while the minorities can battle it out between them for the remaining
30%.
Attempts to dilute the powers of the Sinhalese
The crafty manner in which the 19a has tried to take away the inalienable sovereignty given to the people who exercise their power to vote for the President and transfer that to the now selected PM is a selfish and undemocratic manoeuvre. Article 3 and Article 4 have for over 20 past verdicts always held this inalienable right and a case in 2002 wherein Shibly Aziz attempted to separate the 2 articles was clearly not permitted.
We also need to understand at this juncture that the present President has found himself in enviable situation. Windfall to be the President cannot provide the leadership needed to govern and it is perhaps a shortfall that he allowed powers given to him to appoint to be taken by the selected PM though that power lies with only the President. We see by the appointment of UNP MPs into key roles that the President’s powers have been usurped by the selected PM.
Mr. Manohara de Silva also highlights clauses in election criteria that are ad hominem with malicious intent at disqualifying enemies from contesting.
The article also highlights the ‘independence’ of the proposed 10 member ‘Constitutional Council’ in which the PM, the Speaker and the Leader of the Opposition are permanent. Of the 7, five are nominated jointly by PM and Opposition Leader. The 6th is appointed by the President and the 7th via an agreement of the majority of MPs who do not belong to political parties of the PM or LO. This means the 7th position is secured only for the minority. What happens is if the PM or Opposition Leader are Sinhalese the 5 members (whom they choose with or even without consultation with their parties) are chosen out of the 7 minority ethnic groups identified by the census department which leads to the Constitutional Council ruled by the minorities. Since the Speaker does not have a vote 5 out of 9 will decide the decisions of the Constitutional Council. What is likely to happen is that the PM and Opposition Leader who represents only 2 districts will decide on behalf of a President who is elected from the whole island by all the communities. The Constitutional Council abdicates the bulk of the voice of the MPs to the choice and decision of the PM and Opposition Leader – under the current set up anyone can see the hara kiri. From 50-50 demands made during colonial period the 19th amendment through Sinhalese lascoreens and sepoys postulating before Western rulers are out to deny the role of the majority Sinhalese legislatively.
The 19th amendment appears to be a very crafty effort to prevent the majority of MPs representing the majority community from participating or having a say in the process of governance. What the present MPs in Parliament need to ask themselves is why the PM / Opposition Leader or Minority appointees are more ‘independent’ than the appointees of the President who is voted by over 50% of voters (made up of all communities).
Mr. Manohara de Silva shows in his article that contrary to the present constitution which does not say the IGP is under President’s control, under the 19th amendment the supposed DIC of the Provincial Police is under the control of the Chief Minister. The 19th amendment craftily clips the Presidents ability to appoint Police Intelligence Officers because the National Police Commission which is under the control of the Chief Minister is responsible for appointments, promotions, transfers, disciplinary control and dismissal of all officers of the National Police Force. Let us also keep in mind there is a supreme court case challenging the constitution of ITAK claiming it is confederal and not federal – therefore under the present provisions these spell dangers for Sri Lanka’s territorial integrity in both North and East.
The 19th amendment’s proposed Finance Commission which consists of the Governor Central Bank, Secretary to the Treasury and 3 members of the 3 major communities also raises eyebrows in the light of the biggest fraud that has taken place by a non-Sri Lankan Governor appointed by the very government now introducing the 19th amendment. As per present composition the will of the Tamils prevail in all matters of finance! Here again a population of 70% Sinhalese will get only 1 slot!
The very nations the denounce racial and ethnic elements are promoting the inclusion and preference only for appointments to be according to racial benchmarks no different to how things functioned under colonial rule where favouritism was given to minority groups and the rights of the majority was deliberately quelled. Such mathematically calculated provisions of the 19th amendment is detrimental to the peaceful coexistence of the people. Let us remind the minorities at this juncture contrary to living peacefully with the majority they have at most times created mono-ethnic political parties, segregated themselves by their own behaviour, aligned themselves to political slogans, groups and organizations that openly attempt to divide and carve out pieces of Sri Lanka and declare it independent and are eternally pointing fingers without questioning their own shortcomings and actions. Therefore, like it or not it is the majority that wish to keep the country together while minorities are guilty of aligning to attempts to separate. The TNA though pretending to shirk links with LTTE have a history that if investigated will find them guilty – the Tamil people by voting for them repeatedly show they do not care for this fact. Similarly, the Muslim Congress appears to be following a similar course by demands for a Muslim only area in the East.
What needs to be also accepted is that while minorities have functioned under agendas relevant to only themselves the majority have only attempted to keep the country together. Taking lessons from colonial rule we realize that the West’s preference for minorities and sepoys/lascoreens or ready-to-be-slaves of the whites among Sinhalese were with the purposeful objective of getting control of lands to further plunder them. With the neo-colonial efforts in place it requires the nation to be alert to all mechanizations at place in particular the manner in which regime change took place and the manner the 19th amendment is attempting to suspiciously and craftily take away the powers of the majority and enthrone in constitutionally to the minorities.
Sinhalese should be more alert to the attempts being made and realize that Sinhalese are just 14.8m as against a world Tamil population of 76million and a Muslim population of 1.3billion.
The 19th amendment is too dangerous for Sri Lanka.
The 70% position of the Sinhalese must be allocated to the majority in all decision making and at all times. The 30% only should be allocated amongst the minorities as they see fit.
Attempts to dilute the powers of the Sinhalese
- Dividing the Sinhalese Buddhists into Catholics & Christians
- Under all 3 colonial rulers Sinhalese were massacred, their livelihoods destroyed, females raped, agriculture crops destroyed to kill them by denying food and water (Uva-Wellassa and the exploits of butcher Brownrigg the British Governor is just one example)
- Liquor was introduce to destroy the Sinhalese
- Creating amongst the Sinhalese lascoreens/sepoys – people ever ready to denounce national heritage and history in preference and worship of all that the white man does. These were the ones that ceded the nation to colonials and helped them kill Sinhalese and these are the one’s who played a role in regime change in exchange for power, money and perks!
- Introducing ‘punchi pawula raththaran’ by a foreign NGO to reduce the numbers of Sinhalese having children (a concept introduced during President Premadasas’s rule)
- Dividing the Sinhala politicians into varied political groups thereby dividing the voters while the Tamils keep to Tamil themed political parties and Muslims follow same pattern.
- Present constitutional reforms that sheepishly attempts to enable minorities to have the last say.
- Human weakness for money manipulated to influence MPs to make legislative changes to dilute the majority voice
- International support generated towards minorities who are ever ready to align to foreign agendas in a horse-deal of ‘give and take’.
- International campaigns eternally making Sinhalese feel they are the fault for all ills in Sri Lanka and constant name calling and ridiculing via international and locally paid media.
- Tapping pseudo Buddhist clergy and leading them astray thereby projecting disgust for Buddhism amongst Buddhists. Denigrating Buddhism in contrived ways often with false flags.
The crafty manner in which the 19a has tried to take away the inalienable sovereignty given to the people who exercise their power to vote for the President and transfer that to the now selected PM is a selfish and undemocratic manoeuvre. Article 3 and Article 4 have for over 20 past verdicts always held this inalienable right and a case in 2002 wherein Shibly Aziz attempted to separate the 2 articles was clearly not permitted.
We also need to understand at this juncture that the present President has found himself in enviable situation. Windfall to be the President cannot provide the leadership needed to govern and it is perhaps a shortfall that he allowed powers given to him to appoint to be taken by the selected PM though that power lies with only the President. We see by the appointment of UNP MPs into key roles that the President’s powers have been usurped by the selected PM.
Mr. Manohara de Silva also highlights clauses in election criteria that are ad hominem with malicious intent at disqualifying enemies from contesting.
The article also highlights the ‘independence’ of the proposed 10 member ‘Constitutional Council’ in which the PM, the Speaker and the Leader of the Opposition are permanent. Of the 7, five are nominated jointly by PM and Opposition Leader. The 6th is appointed by the President and the 7th via an agreement of the majority of MPs who do not belong to political parties of the PM or LO. This means the 7th position is secured only for the minority. What happens is if the PM or Opposition Leader are Sinhalese the 5 members (whom they choose with or even without consultation with their parties) are chosen out of the 7 minority ethnic groups identified by the census department which leads to the Constitutional Council ruled by the minorities. Since the Speaker does not have a vote 5 out of 9 will decide the decisions of the Constitutional Council. What is likely to happen is that the PM and Opposition Leader who represents only 2 districts will decide on behalf of a President who is elected from the whole island by all the communities. The Constitutional Council abdicates the bulk of the voice of the MPs to the choice and decision of the PM and Opposition Leader – under the current set up anyone can see the hara kiri. From 50-50 demands made during colonial period the 19th amendment through Sinhalese lascoreens and sepoys postulating before Western rulers are out to deny the role of the majority Sinhalese legislatively.
The 19th amendment appears to be a very crafty effort to prevent the majority of MPs representing the majority community from participating or having a say in the process of governance. What the present MPs in Parliament need to ask themselves is why the PM / Opposition Leader or Minority appointees are more ‘independent’ than the appointees of the President who is voted by over 50% of voters (made up of all communities).
Mr. Manohara de Silva shows in his article that contrary to the present constitution which does not say the IGP is under President’s control, under the 19th amendment the supposed DIC of the Provincial Police is under the control of the Chief Minister. The 19th amendment craftily clips the Presidents ability to appoint Police Intelligence Officers because the National Police Commission which is under the control of the Chief Minister is responsible for appointments, promotions, transfers, disciplinary control and dismissal of all officers of the National Police Force. Let us also keep in mind there is a supreme court case challenging the constitution of ITAK claiming it is confederal and not federal – therefore under the present provisions these spell dangers for Sri Lanka’s territorial integrity in both North and East.
The 19th amendment’s proposed Finance Commission which consists of the Governor Central Bank, Secretary to the Treasury and 3 members of the 3 major communities also raises eyebrows in the light of the biggest fraud that has taken place by a non-Sri Lankan Governor appointed by the very government now introducing the 19th amendment. As per present composition the will of the Tamils prevail in all matters of finance! Here again a population of 70% Sinhalese will get only 1 slot!
The very nations the denounce racial and ethnic elements are promoting the inclusion and preference only for appointments to be according to racial benchmarks no different to how things functioned under colonial rule where favouritism was given to minority groups and the rights of the majority was deliberately quelled. Such mathematically calculated provisions of the 19th amendment is detrimental to the peaceful coexistence of the people. Let us remind the minorities at this juncture contrary to living peacefully with the majority they have at most times created mono-ethnic political parties, segregated themselves by their own behaviour, aligned themselves to political slogans, groups and organizations that openly attempt to divide and carve out pieces of Sri Lanka and declare it independent and are eternally pointing fingers without questioning their own shortcomings and actions. Therefore, like it or not it is the majority that wish to keep the country together while minorities are guilty of aligning to attempts to separate. The TNA though pretending to shirk links with LTTE have a history that if investigated will find them guilty – the Tamil people by voting for them repeatedly show they do not care for this fact. Similarly, the Muslim Congress appears to be following a similar course by demands for a Muslim only area in the East.
What needs to be also accepted is that while minorities have functioned under agendas relevant to only themselves the majority have only attempted to keep the country together. Taking lessons from colonial rule we realize that the West’s preference for minorities and sepoys/lascoreens or ready-to-be-slaves of the whites among Sinhalese were with the purposeful objective of getting control of lands to further plunder them. With the neo-colonial efforts in place it requires the nation to be alert to all mechanizations at place in particular the manner in which regime change took place and the manner the 19th amendment is attempting to suspiciously and craftily take away the powers of the majority and enthrone in constitutionally to the minorities.
Sinhalese should be more alert to the attempts being made and realize that Sinhalese are just 14.8m as against a world Tamil population of 76million and a Muslim population of 1.3billion.
The 19th amendment is too dangerous for Sri Lanka.
The 70% position of the Sinhalese must be allocated to the majority in all decision making and at all times. The 30% only should be allocated amongst the minorities as they see fit.