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TNA clarifies its position, demands ‘enhanced and meaningful devolution’
The TNA, clarifying its position on a political solution to the ethnic issue, says it has been its position that the 13th Amendment to the Constitution should be fully implemented.
TNA spokesman Jaffna District, MP M. A. Sumanthiran has, in a media statement, said there has been absolutely no change in theposition of the Tamil National Alliance that the Provincial Council elections must be held without further delay and enhanced and meaningful devolution ensured.
Following is the TNA statement in full:
“This statement is being issued in order to clarify our position with regard to the political solution for the Tamil National Question, the 13th Amendment to the Constitution, the conduct of the long delayed Provincial Council Elections and the All-Party conferences convened by President Ranil Wickremesinghe.
The Tamil People have, since 1956, consistently given the Tamil political parties a mandate to work towards a political solution to the Tamil National Question by means of a federal arrangement in the North-East, which was recognized as the ‘historical habitation’ of the Tamil speaking people in the Indo-Lanka Accord that was signed on the 29th of July 1987, which provided for a measure of devolution to the provinces, including land and police powers.
The Government of India has actively engaged in this pursuit for the past 40 years after Sri Lanka accepted the good offices, offered by India, consequent to the 1983 July violence against the Tamils.
Most recently, too, Indian Prime Minister Narendra Modi conveyed to President Ranil Wickremesinghe, India’s hope that the Government of Sri Lanka will fulfill the aspirations of the Tamils and drive the process of rebuilding for Equality, Justice and Peace. He also hoped that Sri Lanka will fulfill its commitment to implement the 13th Amendment and conduct the Provincial Council Elections; and will ensure a life of respect and dignity for the Tamil community of Sri Lanka.
Later, at the press briefing, the Foreign Secretary of India reiterated: “Nothing could be more explicit in terms of what discussions took place, what we put forward, the fact that India continues to look forward to a political solution that addresses the aspirations of the Tamil community, of course aspirations for equality, Justice and self-respect within the framework of united and prosperous Sri Lanka.
The Prime Minister also clearly said that… expressed our belief that a meaningful devolution of powers and the full implementation of the 13th Amendment are essential components of addressing and facilitating the reconciliation process in Sri Lanka. This has been our consistent position and this was put forward during the meeting between the two leaders.
Our position is that power sharing must be in a federal structure, consistent with the aspirations of the Tamil People expressed at every election since 1956. The 13th Amendment to the Constitution is part of the Constitution of Sri Lanka, and not a separate appendage. The President and all of us have taken an oath to uphold and defend it.
Thus the non-implementation of any part of the Constitution is a violation of the whole. To that extent, we insist on the full implementation of the devolution arrangement currently extant in our Constitution. That, however, will not meet with the legitimate aspirations of the Tamil People. That we need to make power sharing arrangement meaningful has been recognized both locally through various processes from Mangala Munasinghe Select Committee until the Constitutional Assembly 2016 – 2019, under then Prime Minister Ranil Wickremesinghe, and in at least three separate joint statements made with India, during President Mahinda Rajapaksa’s tenure.
Nine Provincial Councils that were functioning, albeit with deficiencies, have ceased to be due to a legal snag in the process of changing the electoral system. The select committee on electoral reform, under the chairmanship of Prime Minister Dinesh Gunawardena, in its Report submitted to this Parliament last year, has stated that the Provincial Council elections, which has been stalled for more than three years, negates the democratic right of the people, and has recommended to hold the election under the PR system that existed previously. It also recommended that suitable legislation be enacted to enable this. I have presented a private member’s Bill in line with these recommendations, the first reading of which is over. This Bill was challenged in the Supreme Court and the Court has ruled that it can be enacted by a simple majority if recommended changes are made to some clauses in the Bill.
The Tamil National Alliance unequivocally conveyed to the President at the very first All-Party Conference on 10th December 2022 that Provincial Council elections must be held without further delay. We also discussed measures necessary to make devolution meaningful. Several discussions were held with the President and at the second All-Party Conference on 26th January 2023 again we reiterated our position. It was the same position that was conveyed at the last All-Party Conference that was held on 26th July 2023. There was absolutely no change of positions by the Tamil National Alliance; nor is there any contradiction between calling for immediate Provincial Council elections and enhanced and meaningful devolution. In fact, one without the other is meaningless.”
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Accordingly,
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GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
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