Sri Lanka-13th Amendment

Sri Lanka-13th Amendment

21-07-2023

 

Latest Context:

  • The Tamil National Alliance (TNA) recently “categorically rejected” Sri Lankan President’s offer to implement the 13th Amendment.
  • 13th Amendment was evolved as a demand by the moderate Tamilians during the Civil War and has still remained a key demand from the Sri Lankan government.

Sri Lanka Civil War:

  • Sri Lanka has been involved in ethnic conflict since the country, formerly known as Ceylon, became independent from British rule in 1948.
  • The Sri Lankan Civil War was a civil war fought in Sri Lanka from 1983 to 2009.
  • Beginning on 23 July 1983, it was an intermittent insurgency against the government by the Velupillai Prabhakaran-led Liberation Tigers of Tamil Eelam (LTTE).
  • The LTTE fought to create an independent Tamil state called Tamil Eelam in the north-east of the island.
  • The demand for Ealam was due to the continuous discrimination and violent persecution against Sri Lankan Tamils by the Sinhalese-dominated Sri Lanka government.
  • After a 26-year military campaign, the Sri Lankan military defeated the Tamil Tigers in May 2009, bringing the civil war to an end.
  • Even to this date, the military is visibly present in the Tamil-majority north and east till date, 14 years after the civil war ended. 

Indian intervention in the Civil War:

  • India intervened in the Civil War by sending its troops (Indian Peace Keeping Forces) under “Operation Pawan” in Sri Lanka, who were intended to perform a peacekeeping role.
  • The intervention was the result of Indo-Sri Lankan Accord between India and Sri Lanka of 1987.
  • The Accord was intended to end the Sri Lankan Civil War between LTTE and the Sri Lankan military.
  • Indian Peace Keeping Forces (IPKF) engaged the Liberation Tigers of Tamil Eelam in a series of battles to make the LTTE surrender the arms and enter into negotiations with the Sri Lankan government.
  • The failure of IPKF to make LTTE surrender forced them to withdraw from Sri Lanka.

Tamil National Alliance:

  • The Tamil National Alliance (TNA) is a political alliance in Sri Lanka that represents the country's Sri Lankan Tamil minority
  • Tamilians constitute around 10% of Sri Lanka’s population. The Sinhalese who are Buddhists dominate the population in Sri Lanka.
  • TNA was formed in October 2001 by a group of moderate Tamil nationalist parties and former militant groups.
  • The alliance originally supported self-determination in an autonomous state (Tamil Eelam) for the island's Tamils.
  • It supported negotiations with the rebel Liberation Tigers of Tamil Eelam (LTTE) to resolve the civil war in Sri Lanka. 

13th Amendment:

  • The 13th Amendment is a Sri Lankan legislation on the devolution of power to the nine Tamil provinces, but has never been fully implemented.
  • Subjects such as education, health, agriculture, housing, land and police are devolved to the provincial administrations.
  • Restrictions on financial powers to the provinces and overriding powers given to the President are some of the reasons behind the lack of progress in the 13th Amendment.
  • The Tamil National Alliance (TNA) on 18th July “categorically rejected” Sri Lankan President Ranil Wickremesinghe’s offer to implement the 13th Amendment.
  • The reason behind the rejection was the absence of police powers given to the Tamil Provinces.
  • Successive governments in Sri Lanka have refused to grant land and police powers to the provinces.
  • India has consistently emphasized the “full implementation” of the legislation, which was enacted after the Indo-Lanka Accord of 1987.
  • As a part of Sri Lankan Tamils’ historic demand for the right to self-determination, 13th Amendment remains the only legislative guarantee of some power devolution.

Latest offer from the Sri Lankan Government to the Tamil Provinces:

  • The SL government has listed developmental plans which includes several projects promised in the past, such as upgrading the Palaly Airport and Kankesanturai Harbour in Jaffna.
  • It is also planning to establish ferry connectivity between south India and northern Sri Lanka.
  • The plan also includes devolution of power to the provinces “with the exception of police powers”.

 

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