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Full implementation of 13A – Final solution to ‘national problem’ or end of unitary state? – Part II

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Wickremesinghe and Sampanthan (file photo)

By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

(First part of this article appeared yesterday)

Ten-point Accord for Regime Change arrived at Singapore in 2013

As disclosed by a report published on the Tamilnet website on 23 Jan., 2015, the TNA and the Tamil diaspora with the objective of achieving their goal of creating a federal state in the North-East played a key role in bringing about a regime change at the 2015 presidential election.

As revealed in this report, an LTTE front organisation in South Africa ‘In Transformation Initiative’ organised a conference in Singapore in 2013, and it was funded by two European countries. Former Minister of Foreign Affairs Mangala Samaraweera, TNA national list Member of Parliament M. A. Sumanthiran, Dr. Jayampathy Wickramaratne, who was an Adviser on Constitutional Affairs to two Presidents, representatives of the Global Tamil Forum (GTF) representing the Diaspora Tamils, Colombo University Law Professor Thamilmaran and a lawyer from the Sri Lanka Muslim Congress were among the participants at that Conference, according to the Tamilnet report.

Samaraweera, who represented Ranil Wickramasinghe, urged Tamils for support for regime change and abolition of executive presidency, promising in return to grant all demands of the TNA such as the release of all LTTE prisoners, changing the Governor of the Northern Province, removing Army from Jaffna, and the full implementation of 13th Amendment.

The report claims that the understanding reached in Singapore in 2013 formulated a conceptual framework on abolishing the executive presidency which is a fundamental obstacle for the Tamils to create a federal state in Sri Lanka based on ten basic principles described as the ‘‘Singapore Principles’’.

When Tamil aspirations were taken up for discussion, Sumanthiran wanted to avoid use of terms such as Nation and Right to Self-determination in the document. Thamilmaran remained silent on this matter.

Only the voice of a human rights defender, a Sinhalese representing the civil society, was in favour of a formula based on the recognition of nationhood of Tamil people with their traditional homeland in the North-East.

Thus, the Tamil aspirations went missing in the proposal. Instead, the document was drafted with the intention of being nondescript.

Sumanthiran, who represented the TNA took care not to include anything in the document that would result in arousing fear in the minds the Sinhala population in the South.

The Ten Point Singapore Principles agreed in the Accord:

In describing the nature of the State what is important is the substance; the labels are secondary.

(While maintaining ‘unitary state’ label, they can have a full federal rule in the North-East)

The Constitution shall be based on basic constitutional principles and values including sovereignty of the people, participatory democracy and supremacy of the Constitution which shall form an unalterable basic structure.

Power sharing shall be on the basis of self-rule and shared-rule within an undivided Sri Lanka.

(This is Sampanthan’s united, undivided, indivisible Sri Lanka; They have taken care not to use the terms ‘self-autonomy’, or ‘self-determination’; they mean the same thing when they use the term ‘self-rule’ and ‘shared-rule’.)

The executive presidency shall be abolished and the form of government shall be Parliamentary.

(Executive presidency was the main obstacle for the full implementation of federalism at that time; Now with Ranil Wickramasinghe as President, executive presidency has paved the way for full implementation of federalism.)

The pluralist character of Sri Lankan society as well as identities and aspirations of the constituent peoples of Sri Lanka shall be constitutionally recognized. (This will have the effect of diluting the identity of the majority Sinhala population in the country.)

There shall be a strong and enforceable Bill of Rights consistent with universally accepted norms and standards.

There shall be a separation of powers and an independent judiciary which includes a Constitutional Court.

Important institutions shall be independent and accountable. Appointments to these and High Posts shall be through a transparent mechanism that provides for a national consensus, example Constitutional Council.

Institutions of the State shall reflect the pluralist character of Sri Lankan society. (This will have the effect not only of diluting the identity of the majority Sinhala population in the country, but also of making appointments to important state institutions not on the basis of merit and qualifications, but on the basis of ethnicity and religion.)

The Republic of Sri Lanka shall be a secular state. The foremost place to Buddhism and equal status to other religions shall be assured.

Giving Effect to the Understanding reached in Singapore

The Yahapalana government, which came to power following the presidential election of 2015, took several steps to give effect to the understanding reached with the TNA and Tamil diaspora in Singapore in 2013:

Within 100 days of coming to power, on 28 April, the 19th Amendment to the Constitution was passed in Parliament, curtailing the executive power of the President to a great extent and enabling the Prime Minister Ranil Wickremesinghe to take the effective control of the government into his hands.

In the new Parliament elected at the August 2015 general elections, R. Sampanthan, the leader of the Tamil National Alliance with 16 MPs, was appointed the Leader of the Opposition in Parliament, ignoring the claim of the United Opposition with 51 elected MPs.

In January 2016, the government took steps to draft a new Constitution with Parliament sitting as a ‘Constitutional Assembly’ and with several Steering Committees well represented by Tamil groups appointed to draft different chapters.

TNA Proposal submitted to the Steering Committee contained the following points:

SL a federal state within the framework of a united/undivided and indivisible country. Centre and Provinces to exercise exclusive power in the areas of their competence.

North-East to constitute one state> N-E historically inhabited by Tamil speaking people;

The powers and functions to be assigned to the provinces shall be in conformity with the Recommendations of (a) Mangala Munasinghe Select Committee; (b) with shared sovereignty, 2000 Constitution Bill, etc.

Province to have power to muster financial resources required;

Governor not to have powers to interfere with the exercise of the executive power of the Province;

Sampanthan’s Speech at Matara in September 2016

When one goes through the Speech made by Sampanthan, as the Leader of the Opposition, at the Samurdhi Development Community Foundation Meeting held at Matara on 02 Sept., 2016, one can clearly see how the Tamil National Alliance is pursuing the same goal of setting up a full federal state in the North-East of Sri Lanka adopting new strategies so as to allay the fears of the people in the South about the division of the country. He attended the meeting at the invitation of Mr. Buddhika Pathirana, UNP MP. This is what Mr. Sampanthan said:

“We are not trying to divide the country. We are only trying to share power, the country will be one united, undivided, indivisible country which cannot ever be divided.

“All the powers required to ensure the unity and indivisibility of the country would remain with the central government. The powers that would remain with the central government in a power sharing arrangement that was being envisaged – defence, foreign affairs, finance and currency and immigration and emigration would be vested with the Centre. All the powers required to ensure the unity and indivisibility of the country would remain with the Central Government.

“Other powers would be devolved to the provincial councils which would have enhanced powers, and devolution would allow people of a particular region to exercise more control over the issues relevant to them through elected representatives of those areas. – Daily Financial Times of 05 Sept., 2016.

13 demands of TNA forwarded to Candidates of 2019 Presidential Election

Tamil National Alliance (TNA) led by Ilankai Thamil Arasu Katchi (ITAK) of Mr. Sampanthan forwarded 13 Point Demands to Candidates of major political parties that contested the 2019 Presidential Election, extending their support to the Candidate who accepts these demands.

“Having realised that the final solution to the long standing Tamil Ethnic issue, which has remained in the Island of Sri Lanka as an unresolved National Question for several decades and been the cause for the war which extended for over three decades, would be the – (1) Acceptance of the political aspirations of the Tamil Nation; (2) Recognition of the Northern and Eastern Provinces as the historical habitat and the traditional homelands of the Tamil Nation: (3) Acknowledgement of the Sovereignty of the Tamil Nation and (4) Realization of the fact that the Tamil People under the provisions of International Law are entitled to the right of self-determination, accordingly the creation of federal rule in the merged Northern and Eastern Provinces would be our considered stand-point.

‘‘ With the hope of finding a final solution to problems of Tamil People the following demands are presented to Presidential candidates of major political parties:

A solution to the Sri Lankan Tamil issue must be found by setting up a new federal constitution rejecting the heretofore unitary constitution, accepting the nationhood of the Sri Lankan Tamils and recognising its sovereignty and accepting that Tamils under the provisions of the International Law are entitled to the right of self determination.

Full-fledged independent impartial International Mechanisms through the International Criminal Court / International Arbitration Tribunal must be set up to inquire into the War Crimes and Crimes against Humanity and Genocide committed during the final stages of the war:

The Prevention of Terrorism Act must be withdrawn:

(Consequently) All Tamil Political Prisoners must be freed unconditionally:

Justice must be found for those affected by the enforced disappearance of persons through appropriate international mechanisms.

The Governmental Forces occupying private and state lands / buildings in the Northern and Eastern Provinces which were occupied by Tamils before the war must be withdrawn, the lands released and resettlement process must be immediately set in motion.

Sinhalisation, Buddhistization and Sinhala Colonisation in the Northern and Eastern Provinces presently with state assistance must be stopped immediately.

Since the Mahaweli Development Authority is engaged in planned Sinhala Colonization in the Northern Province under the pretext of redirecting of the Mahaweli River to the North, the jurisdiction of the said Authority must be forthwith terminated. Also the planned Sinhala Colonisation taking place in the Eastern Province under the Mahaweli Development Scheme must also be terminated.

The Moragaskanda Irrigation Scheme recently introduced is indulging in planned Sinhala Colonisation in the Vanni Region. All such Sinhala Colonisation must forthwith be terminated.

The expropriation of lands and areas of religious worship by Government Departments including Archaeology Department, Wildlife Department, Forest’s Department must forthwith be stopped. Those lands and places of worship already expropriated through these Departments must be freed from the effect of the Gazette Notifications which so expropriated them.

Those affected in the Northern and Eastern Provinces by the war, wanting to economically improve themselves or youth wanting to enhance their job opportunities receiving direct investments from our Diaspora and elsewhere must have all legal obstacles faced removed so that handling lands and finances here would be easy and quick.

Priority must be given to those belonging to the Northern and Eastern Provinces in Governmental and Private sector job opportunities in the said two provinces.

An independent mechanism must be set up under the supervision of elected Representatives of the People of the Northern and Eastern Provinces to handle all finances for Development in the said two Provinces after proclaiming the Northern and Eastern Provinces as areas affected by war.

(To be continued)



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Opinion

The policy of Sinhala Only and downgrading of English

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In 1956 a Sri Lankan politician riding a great surge of populism, made a move that, at a stroke, disabled a functioning civil society operating in the English language medium in Sri Lanka. He had thrown the baby out with the bathwater.

It was done to huge, ecstatic public joy and applause at the time but in truth, this action had serious ramifications for the country, the effects have, no doubt, been endlessly mulled over ever since.

However, there is one effect/ aspect that cannot be easily dismissed – the use of legal English of an exact technical quality used for dispensing Jurisprudence (certainty and rational thought). These court certified decisions engendered confidence in law, investment and business not only here but most importantly, among the international business community.

Well qualified, rational men, Judges, thought rationally and impartially through all the aspects of a case in Law brought before them. They were expert in the use of this specialised English, with all its meanings and technicalities – but now, a type of concise English hardly understandable to the casual layman who may casually look through some court proceedings of yesteryear.

They made clear and precise rulings on matters of Sri Lankan Law. These were guiding principles for administrative practice. This body of case law knowledge has been built up over the years before Independence. This was in fact, something extremely valuable for business and everyday life. It brought confidence and trust – essential for conducting business.

English had been developed into a precise tool for analysing and understanding a problem, a matter, or a transaction. Words can have specific meanings, they were not, merely, the play- thing of those producing “fake news”. English words as used at that time, had meaning – they carried weight and meaning – the weight of the law!

Now many progressive countries around the world are embracing English for good economic and cultural reasons, but in complete contrast little Sri Lanka has gone into reverse!

A minority of the Sinhalese population, (the educated ones!) could immediately see at the time the problems that could arise by this move to down-grade English including its high-quality legal determinations. Unfortunately, seemingly, with the downgrading of English came a downgrading of the quality of inter- personal transactions.

A second failure was the failure to improve the “have nots” of the villagers by education. Knowledge and information can be considered a universal right. Leonard Woolf’s book “A village in the Jungle” makes use of this difference in education to prove a point. It makes infinitely good politics to reduce this education gap by education policies that rectify this important disadvantage normal people of Sri Lanka have.

But the yearning of educators to upgrade the education system as a whole, still remains a distant goal. Advanced English spoken language is encouraged individually but not at a state level. It has become an orphaned child. It is the elites that can read the standard classics such as Treasure Island or Sherlock Holmes and enjoy them.

But, perhaps now, with the country in the doldrums, more people will come to reflect on these failures of foresight and policy implementation. Isn’t the doldrums all the proof you need?

by Priyantha Hettige

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GOODBYE, DEAR SIR

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It is with deep gratitude and profound sorrow that we remember Mr. K. L. F. Wijedasa, remarkable athletics coach whose influence reached far beyond the track. He passed away on November 4, exactly six months after his 93rd birthday, having led an exemplary and disciplined life that enabled him to enjoy such a long and meaningful innings. To those he trained, he was not only a masterful coach but a mentor, a friend, a steady father figure, and an enduring source of inspiration. His wisdom, kindness, and unwavering belief in every young athlete shaped countless lives, leaving a legacy that will continue to echo in the hearts of all who were fortunate enough to be guided by him.

I was privileged to be one of the many athletes who trained under his watchful eye from the time Mr. Wijedasa began his close association with Royal College in 1974. He was largely responsible for the golden era of athletics at Royal College from 1973 to 1980. In all but one of those years, Royal swept the board at all the leading Track & Field Championships — from the Senior and Junior Tarbat Shields to the Daily News Trophy Relay Carnival. Not only did the school dominate competitions, but it also produced star-class athletes such as sprinter Royce Koelmeyer; sprint and long & triple jump champions Godfrey Fernando and Ravi Waidyalankara; high jumper and pole vaulter Cletus Dep; Olympic 400m runner Chrisantha Ferdinando; sprinters Roshan Fernando and the Indraratne twins, Asela and Athula; and record-breaking high jumper Dr. Dharshana Wijegunasinghe, to name just a few.

Royal had won the Senior & Junior Tarbats as well as the Relay Carnival in 1973 by a whisker and was looking for a top-class coach to mould an exceptionally talented group of athletes for 1974 and beyond. This was when Mr. Wijedasa entered the scene, beginning a lifelong relationship with the athletes of Royal College from 1974 to 1987. He received excellent support from the then Principal, late Mr. L. D. H. Pieris; Vice Principal, late Mr. E. C. Gunesekera; and Masters-in-Charge Mr. Dharmasena, Mr. M. D. R. Senanayake, and Mr. V. A. B. Samarakone, with whom he maintained a strong and respectful rapport throughout his tenure.

An old boy of several schools — beginning at Kandegoda Sinhala Mixed School in his hometown, moving on to Dharmasoka Vidyalaya, Ambalangoda, Moratu Vidyalaya, and finally Ananda College — he excelled in both sports and studies. He later graduated in Geography, from the University of Peradeniya. During his undergraduate days, he distinguished himself as a sprinter, establishing a new National Record in the 100 metres in 1955. Beyond academics and sports, Mr. Wijedasa also demonstrated remarkable talent in drama.

Though proudly an Anandian, he became equally a Royalist through his deep association with Royal’s athletics from the 1970s. So strong was this bond that he eventually admitted his only son, Duminda, to Royal College. The hallmark of Mr. Wijedasa was his tireless dedication and immense patience as a mentor. Endurance and power training were among his strengths —disciplines that stood many of us in good stead long after we left school.

More than champions on the track, it is the individuals we became in later life that bear true testimony to his loving guidance. Such was his simplicity and warmth that we could visit him and his beloved wife, Ransiri, without appointment. Even long after our school days, we remained in close touch. Those living overseas never failed to visit him whenever they returned to Sri Lanka. These visits were filled with fond reminiscences of our sporting days, discussions on world affairs, and joyful moments of singing old Sinhala songs that he treasured.

It was only fitting, therefore, that on his last birthday on May 4 this year, the Old Royalists’ Athletic Club (ORAC) honoured him with a biography highlighting his immense contribution to athletics at Royal. I was deeply privileged to co-author this book together with Asoka Rodrigo, another old boy of the school.

Royal, however, was not the first school he coached. After joining the tutorial staff of his alma mater following graduation, he naturally coached Ananda College before moving on to Holy Family Convent, Bambalapitiya — where he first met the “love of his life,” Ransiri, a gifted and versatile sportswoman. She was not only a national champion in athletics but also a top netballer and basketball player in the 1960s. After his long and illustrious stint at Royal College, he went on to coach at schools such as Visakha Vidyalaya and Belvoir International.

The school arena was not his only forte. Mr. Wijedasa also produced several top national athletes, including D. K. Podimahattaya, Vijitha Wijesekera, Lionel Karunasena, Ransiri Serasinghe, Kosala Sahabandu, Gregory de Silva, Sunil Gunawardena, Prasad Perera, K. G. Badra, Surangani de Silva, Nandika de Silva, Chrisantha Ferdinando, Tamara Padmini, and Anula Costa. Apart from coaching, he was an efficient administrator as Director of Physical Education at the University of Colombo and held several senior positions in national sporting bodies. He served as President of the Amateur Athletic Association of Sri Lanka in 1994 and was also a founder and later President of the Ceylonese Track & Field Club. He served with distinction as a national selector, starter, judge, and highly qualified timekeeper.

The crowning joy of his life was seeing his legacy continue through his children and grandchildren. His son, Duminda, was a prominent athlete at Royal and later a National Squash player in the 1990s. In his later years, Mr. Wijedasa took great pride in seeing his granddaughter, Tejani, become a reputed throwing champion at Bishop’s College, where she currently serves as Games Captain. Her younger brother, too, is a promising athlete.

He is survived by his beloved wife, Ransiri, with whom he shared 57 years of a happy and devoted marriage, and by their two children, Duminda and Puranya. Duminda, married to Debbie, resides in Brisbane, Australia, with their two daughters, Deandra and Tennille. Puranya, married to Ruvindu, is blessed with three children — Madhuke, Tejani, and Dharishta.

Though he has left this world, the values he instilled, the lives he shaped, and the spirit he ignited on countless tracks and fields will live on forever — etched in the hearts of generations who were privileged to call him Sir (Coach).

NIRAJ DE MEL, Athletics Captain of Royal College 1976

Deputy Chairman, Old Royalists’ Athletics Club (ORAC)

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Opinion

Why Sri Lanka needs a National Budget Performance and Evaluation Office

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President Dissanayake presenting Budget 2026 in Parliament

Sri Lanka is now grappling with the aftermath of the one of the gravest natural disasters in recent memory, as Cyclone Ditwah and the associated weather system continue to bring relentless rain, flash floods, and landslides across the country.

In view of the severe disaster situation, Speaker Jagath Wickramaratne had to amend the schedule for the Committee Stage debates on Budget 2026, which was subsequently passed by Parliament. There have been various interpretations of Budget 2026 by economists, the business community, academics, and civil society. Some analyses draw on economic expertise, others reflect social understanding, while certain groups read the budget through political ideology. But with the country now trying to manage a humanitarian and economic emergency, it is clear that fragmented interpretations will not suffice. This is a moment when Sri Lanka needs a unified, responsible, and collective “national reading” of the budget—one that rises above personal or political positions and focuses on safeguarding citizens, restoring stability, and guiding the nation toward recovery.

Budget 2026 is unique for several reasons. To understand it properly, we must “read” it through the lens of Sri Lanka’s current economic realities as well as the fiscal consolidation pathway outlined under the International Monetary Fund programme. Some argue that this Budget reflects a liberal policy orientation, citing several key allocations that support this view: strong investment in human capital, an infrastructure-led growth strategy, targeted support for private enterprise and MSMEs, and an emphasis on fiscal discipline and transparency.

Anyway, it can be argued that it is still too early to categorise the 2026 budget as a fully liberal budget approach, especially when considering the structural realities that continue to shape Sri Lanka’s economy. Still some sectors in Sri Lanka restricted private-sector space, with state dominance. And also, we can witness a weak performance-based management system with no strong KPI-linked monitoring or institutional performance cells. Moreover, the country still maintains a broad subsidy orientation, where extensive welfare transfers may constrain productivity unless they shift toward targeted and time-bound mechanisms. Even though we can see improved tax administration in the recent past, there is a need to have proper tax rationalisation, requiring significant simplification to become broad-based and globally competitive. These factors collectively indicate that, despite certain reform signals, it may be premature to label Budget 2026 as fully liberal in nature.

Overall, Sri Lanka needs to have proper monitoring mechanisms for the budget. Even if it is a liberal type, development, or any type of budget, we need to see how we can have a budget monitoring system.

Establishing a National Budget Performance and Evaluation Office

Whatever the budgets presented during the last seven decades, the implementation of budget proposals can always be mostly considered as around 30-50 %. Sri Lanka needs to have proper budget monitoring mechanisms. This is not only important for the budget but also for all other activities in Sri Lanka. Most of the countries in the world have this, and we can learn many best practices from them.

Establishing a National Budget Performance and Evaluation Office is essential for strengthening Sri Lanka’s fiscal governance and ensuring that public spending delivers measurable value. Such an office would provide an independent, data-driven mechanism to track budget implementation, monitor programme outcomes, and evaluate whether ministries achieve their intended results. Drawing from global best practices—including India’s PFMS-enabled monitoring and OECD programme-based budgeting frameworks—the office would develop clear KPIs, performance scorecards, and annual evaluation reports linked to national priorities. By integrating financial data, output metrics, and policy outcomes, this institution would enable evidence-based decision-making, improve budget credibility, reduce wastage, and foster greater transparency and accountability across the public sector. Ultimately, this would help shift Sri Lanka’s budgeting process from input-focused allocations toward performance-oriented results.

There is an urgent need for a paradigm shift in Sri Lanka’s economy, where export diversification, strengthened governance, and institutional efficiency become essential pillars of reform. Establishing a National Budget Performance and Evaluation Office is a critical step that can help the country address many long-standing challenges related to governance, fiscal discipline, and evidence-based decision-making. Such an institution would create the mechanisms required for transparency, accountability, and performance-focused budgeting. Ultimately, for Sri Lanka to gain greater global recognition and move toward a more stable, credible economic future, every stakeholder must be equipped with the right knowledge, tools, and systems that support disciplined financial management and a respected national identity.

(The writer is a Professor in Management Studies, Open University of Sri Lanka and you can reach Professor Abeysekera at nabey@ou.ac.lk)

by Prof. Nalin Abeysekera ✍️

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